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HomeMy WebLinkAbout1991-111/9791(ORD1)Legal(Ob) ORDINANCE 91-11 AN. ORDINANCE OF INDIAN RIVER COUNTY, FLORIDAFSTABLJSH-I-NG TI TI E I_V CON- TRACTOR AND BUILDING REGULATIONS CHAPTER 400 - REGULATION OF CONTRACTORS, PROVIDING REPEAL; PROVIDING SEVERABIL- ITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the Board of County Comm! ss-ion-ers— of Indiaw-Rive-r-County, that. SECT ION _I. TITLE IV - CHAPTER 400. Title IV Contractor and Building Regulat.ions, Chapter 400 --Regulation of Contractors as set forth in Attachment A to this ordinance is hereby adopted. SECTION 2_ REPEAL. Those portions of the. Indian River County Code (1974 edition) superseded or in conflict with the provisions herein adopted, in particular Chapter 4, are hereby repealed. SECTION 3. SEVERABftCTY If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not_ affect the rema_i_ningportions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, . invalid or inoperative part. SECTION 4. EFFECTIVE DATE. This ordinance shall become effective upon becoming law. Approved and adopted by the Board of County Con,mUssTom r5 of India -n --River County, Florida, on th-is 26 day of _ Marrl, 1991 SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:04:09 - OfficialDocument5:609, Attachment Id 0, Page 1 This ordinance was advertised in the Vero Beach Press -Journal on the 7 day of March , 1991, for a public hearing to be held on the 26 - day of March -_--- 1991, at .which time it was moved for adoption by Commissioner Scurlock seconded by Commissioner and adopted by the following vote: Chair -man -R -i -c -hand -N -.—B -i -rd Vice Chairman Gary C. Wheeler -4P-- Commissioner Don C. Scurlock, Jr. Aye— Commissioner Margaret C. Bowman UL— Commissioner Carolyn K. Eggert. AvP .BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA l-iorlaa, tnls ist a a y or A ril I9)VI Effective date: Acknowledgment from the Department of State received on this 8th day of. April , 1991, at 9:30 a.m./p.m. and fi lecdin the Office o� i e `Clerk of the N-a`FIc of -County Commissioners of Indian River County, Florida. Indhn Rim Ca Approved Dale Admin Legal Budget -Rislt-mgr.- SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:04:10 - OfficialDocument5:609, Attachment Id 0, Page 2 ATTACHMENT "A" CHAPTER 400. REGULATION OF CONTRACTORS Part I. General Conditions Section 400.01 Certificate required. Section 400.02 Permits required. Section 400.03 Issuance of permits. Section 400.04 Fees. Section 400.05 Insurance required. Section 400.06 Rights under registration. Section 400.07 Suspension or revocation of registration. Section 400.08 Suspension or revocation of registration - Hearing; appeal. Section 400.09 Utility connections prohibited until notice of issuance of certificate of occupancy. Section 400.10 General powers, duties of building official. Part II. Construction Contractors and Inspectors Section 40011--- Surveyor' seer-ti€icate. Section 400.12 Conditions to issuance of moving permit. Section 400.13 Certificate of occupancy -Inspection by mild of f 16 a—1 . Section 400.14 Notice to correct damage or unsightly conditions. V Part III. Electrical Contractors and Inspectors Section 400.15 Master, journeymen and apprentice electricians. Section 400.16 Inspection of work. Section 400.17 Certificate, Section 400.18 Duties of electrical inspector. Section 400.19 Interfering with electrical inspector. Part VI. Plumbing Contractors and Inspectors Section 400.20 Certificate required. Section 400.21 Examination and certification of plumbers. Section 400.22 Inspections. Section 400.23 Plans and specifications -Protection of public utilities. Section 400.24 Certificate of inspection and approval. ameadsoft Reprint Date: Tuesday, August 20, 2013 - 12:04:10 - OfficialDocuments:609, Attachment Id 0, Page 3 PART I,- GENERAL CONDITIONS Section 400.01 Certificate required. (1) No person shall engage in the business of construction, contracting or subcontracting as regulated by Florida Statutes or in a category as tested by Block and Associates without a valid certificate of competency issued by the Indian River County Building Department unless certified under Florida Statutes. (Z) A certificate of competency may be issued only to the holder of an appropriate valid Florida state certificate or to a person who has passed the appropriate Block and Associates of Gainesville, Florida, examination which was proctored by a Block and Associates on behalf of any city or county situated in the State of Florida, upon payment of the appropriate fee. A certificate of competency issued by the County prior to this requirement to a person without a state certificate or one who has not passed the Block examination shall remain in effect if such certificate is valid on the effective date of this title. (3) When a person meets the requirements for issuance of a certificate of competency, that certificate will remain in orce unless revoked pursuant to section- 400.0,8. of this article or applicable Florida Statutes. (4) The same exemptions from regulation as set _forth -inhap er 489 of the Florida Statutes are also exemptions under the requirements -for-a eertificate-ot- competency , (5) It shall be unlawful for any person to advertise or hold himself out to the public as a`person engaged in a business regulated by this chapter unless that person has a valid certificate of competency issued by the building department and unless the advertisement or sign on the vehicle advertising the business shall clearly display the correct state certification number or certificate of competency number issued by the building department. (6) A contractor shall hire a subcontractor regulated under this chapter only if that subcontractor has a valid certificate of competency issued by the building department or is certified pursuant to Florida Statutes. Nothing in this chapter shall prevent any homeowner of an owner -occupied, single-family residence from performing any work regulated by this article within the boundaries of his residential property, providing such work is done by himself. Such privilege does not convey the right to violate any of the provisions of this title,, nor is it to be construed as exemption from obtaining a permit and paying the required fees therefor. New construction is limited as provided by Florida Statutes. ameadsoft Reprint Date: Tuesday, August 20, 2013 - 12:04:10 - OfficialDocuments:609, Attachment Id 0, Page 4 Section 400.02 Permits required. A permit shall be obtained from the building official before doing any work or construction of any character, whether permanent or temporary, when a permit is required under any of the technical codes adopted herein. Section 400.04 Fees. It is the policy of Indian River County that the building department be financed to the extent feasible, by user fees. Accordingly, fees for the various permits and related inspections are required and shall be established by resolution. Section 400.05 Insurance required. (1) Every contractor that is regulated by Florida Statutes Chapter 489 and doing business in Indian River County shall be required to maintain'at all times with a casualty insurance company authorized to do business in the State of Florida, workmen's compensation insurance and public liability insurance with minimum limits as provided by Florida Statutes and the -Florida Administrative Code. -A 2 ) All other contractors that are regulated by this chapter shall be required to maintain, at all times with a casualty insurance company authorized to do business in the State of Florida, public liability insurance -with minimum coverage of one hundred thousand dollars ($100,000.00) for bodily injury liability; twenty-five thousand dollars ($25,000.00) for property damage liability; and workmen's compensation Insurance as required by Florida Statutes and the Florida Administrative Code. (3) All contractor shall file with the building official, at the time application is made for registration, and with the tax collector, at the time that their applicable business license is renewed, a certificate signed by a qualified agent of the casualty insurance company stating that policies have been issued to the registrant for employee's liability insurance or workmen's compensation insurance, public liability insurance and public property damage. (4) in the event of the cancellation, of a policy, the building department shall immediately notify the registrant and the registrant shall be required to immediately furnish a new certificate in full compliance with the times of this section. Failure to do so shall constitute a violation of this section and such registration shall automatically be revoked. Such registration may reinstated by the building department when the registrant has furnished a certificate of insurance in compliance with this section. SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:04:10 - OfficialDocuments:609, Attachment Id 0, Page 5 Section 400.06 Rights under registration. Registration under this chapter shall be evidence that the person is entitled to all the rights and privileges of a contractor in the division in which registration is granted and while the registration remains in force. Section 400.07 Suspension or revocation of registration. The building code board of adjustments and appeals shall have the power, in addition to all other powers provided for in this chapter, to revoke or suspend the registration of any person approved, registered or licensed under this chapter who shall be guilty of any one or more of this following acts or omissions= (1) Fraud or deceit in obtaining registration or in presenting testimony or evidence to the building code board of adjustment and appeals; (2) Negligence, incompetence, or misconduct in the practice of contracting within the meaning of this chapter or Chapter -489, Florida Statutes; (3) Abandonment of any contract without legal excuses; (4) Diversion of property or funds received under express agreement for prosecution or completion of a specific contract under this chapter, or a special purpose in the prosecution or completion of any contract, or application or use for any other contract, obligation, or purpose with intent to defraud or deceive creditors or the owner; (5) Fraudulent departure from or disregard of plans or specifications in any material respect without consent of the owner or his duly authorized representative; or the doing of any willful, fraudulent act by the licensee in consequence of which another is substantially injured or damaged; (6) willful and deliberate disregard and violation of the ordinances of the county, including, but not limited to, the building, electrical, plumbing, and zoning ordinances of the county; �7} Willfully and deliberately engaging in a type or class of contracting for which the contractor is not licensed or registered. Section 400.08 Suspension or revocation of registration - Hearing� appeal. Any person may bring charges against a registered contractor. Such charges shall be -made i"riting -and sworn t"y-the 4 smeadsoft Reprint Date: Tuesday, August 20, 2013 - 12:04:11 - OfficialDocuments:609, Attachment Id 0, Page 6 complainant and shall be submitted to the building official. The building official shall mail a copy of such charges to the accused within 15 days from the receipt thereof and shall serve notice upon the accused and upon all interested persons of the date fixed for a. hearing on such charges before the building code board of adjustment and appeals. The accused shall have the right to appear personally or with counsel and to produce witnesses and evidence in defense. If after hearing the evidence the board determines that the accused is, guilty of the charges brought against the accused, the appropriate board may suspend or cancel the contractor's registration. In lieu of suspension or revocation the Board may provide for a fine. Section 400.09 (1) Except as permanent facilities, particular notice by occupancy h department Utility connects prohibited until notice of issuance of certificate of occupancy. provided in paragraph (2) of this section, no utilities, i.e., electricity, gas or .heating shall be connected or be put in use until the utility so requested shall have first been given the building official that the certificate of as been issued. The notice is to be given to the or agency operating the -utility (2) Utility service may be provided prior to issuance of a certificate of occupancy when the appropriate inspec or authorizes in writing the connection or use of a particular utility.—F-rior—tosuch connection—or use -of the particular utility the owner or contractor shall deposit with the building department the sum of $500.00. The deposit shall be retained by the County if occupancy of the structure receiving the service shall have been made without first securing the final approval of the building official; otherwise, the sum deposited shall, upon the certification of the building official that all conditions of the building codes have been complied with, be returned to the person made said deposit. Section 400.10 General powers, duties of building official. I (1) The building official or inspector shall enforce the appropriate provisions of this title. (2) The building official may revoke a permit or approval issued under the provisions of this title when there has been any false statement or misrepresentation as to material fact in the application for a permit, or when work is being performed contrary to the provisions of this Code. (3) It shall be unlawful for any person to hinder or interfere with the building official or inspector in the performance -of their duties under this title. ameadsoft Reprint Date: Tuesday, August 20, 2013 - 12:04:11 - OfficialDocuments:609, Attachment Id 0, Page 7 PART II. CONSTRUCTION CONTRACTORS AND INSPECTORS Section 400.11 Certificate of occupancy Inspection by building official. The building official shall, after final inspection of the site on which the new structure or construction has been completed, determine whether the site has been cleaned of all rubbish, construction sheds, or undesirable materials as a result of the construction, excavation, filling or grading of land. It shall be the duty of the building official to determine whether or not damage has resulted to public property or improvements as a result of the construction, excavating, grading, or filling of land. Further, at the time of the final inspection it shall be determined if any materials, debris or other material has been left on property adjacent to the construction site. Section 400.12 Notice to correct damage or unsightly conditions. In the event there has been damage to public property or improvements, or debris, construction sheds, undesirable materials or unsightly material left on the site or adjace property, then the building official shall notify the owner or }he-contractor-,-to-commence correctional steps immediately to alleviate the condition or the damage. The condition or damage shall be corrected within 5 days from the date of notification. PART III. ELECTRICAL CONTRACTORS AND INSPECTORS Section 400.13 Master, journeyman and apprentice electricians. (1) All electrical construction, except homeowners' work permitted under Section 400.01(7), shall be done by a master electrician, a journeyman electrician under the general supervision of a master electrician or journeyman electrician ' an apprentice electrician under the direct personal supervision .of a master electrician or journeyman electrician. (2) Master electrician rating shall be established by being a state -certified electrical contractor or by passing the Block and Associates of Gainesville; Florida, examination for master electrician and registering with the County. Master electricians holding a valid license from the County on the effective date of this title may continue to hold and renew that license without passing the Block +examination or being state certified. (3) Journeyman electrician rating shall be established by passing the Block and Associates of Gainesville, Florida, examination for journeyman electrician and registering with the County. Journeyman electricians holding a valid license from the ameadsoft Reprint Date: Tuesday, August 20, 2013 - 12:04:11 - OfficialDocuments:609, Attachment Id 0, Page 8 County on the effective date of this title may continue to hold and renew that iicense without passing the Block examination. (4) Apprentice electricians shall register with the building official. (5-) Master, journeyman, and apprentice electricians shall carry their registration card on their person during working hours. Upon request of the electrical inspector the registration card shall be produced. Failure to carry the card or to show it upon request constitutes grounds for revocation or suspension of the person's registration. Section 400.14 Inspection of work._ (1) Electrical inspections shall be done in a minimum of 2 steps. All pipe wire and fittings shall be in place and wire connections made for the first or so-called roughing -in inspection. All wire shall be terminated, receptacles, equipment connected, fixtures hung and ready for the final electrical inspection. (2) It shall—be unlawful�--to conceal -any electr1ca1--wiTing yr equipment until it has been inspected and approved. The service switch and distribution panel must be set and be wired prior to inspection. ( ) Large or complicated jobs ma_y heAnspected-Sn sections upon approval of the inspector. Section 400.15 Certificate. After completion of all work, a final notice shall be given to the inspector for a final inspection. If he finds the work has been satisfactorily done he shall issue a certificate of inspection upon the request of the electrician holding the permit. only one certificate shall be issued. The .certificate does not relieve the master electrician of the responsibility for any defective work which may have escaped the notice of the inspector. Section 400.16 Duties of electrical inspector. (1) It shall be the duty of the electrical inspector to issue permits for and inspect all electrical wiring, apparatus or equipment for the light, heat, or power inside of or attached to buildings within_Indian River County, and to enforce the laws, rules, and regulations relating to electricity. (2) It shall be unlawful for any person to use any electrical current in or through any wiring, apparatus, or fixtures for light, heat, or power in any -building or structure within the County until the same shall have been inspected and approved by the electrical inspector. 7 ameadsoft Reprint Date: Tuesday, August 20, 2013 - 12:04:12 - OfficialDocuments:609, Attachment Id 0, Page 9 (3) The electrical inspector may give temporary permission to connect and furnish, electric current to any wiring, apparatus, or fixture for a period not exceed 30 days, if, in his opinion, such wiring, apparatus, or fixture is in such condition that current may safely be connected thereto, and there exists a necessity for such use. A written application shall be filed with him, requesting such permission. (4) The electrical inspector is hereby empowered to inspect or reinspect, at his option, all interior wires and apparatus conducting or using electric current for light, heat, or power, and when said conductors or apparatus are found to be unsafe to life or property; he shall notify the person, firm, or corporation owning, using, or operating them in place them in a safe and secure condition within 24 hours, or within such further time as the electrical inspector shall determine to be necessary. (5 ) Whenever any wiring, apparatus, or fixture conducting or ung electric current for light, heat, or power is found upon inspection by the electrical inspector or one of his duly authorized assistants to be especially or immediately hazardous to life and property, the electrical inspector shall 3mmedfatey open the switch—or circuit breaker controlling the supply of current to such wiring, apparatus, or fixture and shall post in aconspicuous place near such switch or circuit breaker a notice reading as follows: "NOTICE: WIRING CONDEMNED" "The use of electric current is prohibited through his wiring or equipment until proper repairs have been made and such repairs have been approved by the county electrical inspector." Repairs must be made by a licensed electrician and the inspector must be notified when completed. After such notice is posted as provided in the foregoing, no person shall close the switch or circuit breaker which has been opened by the electrical inspector or use or attempt to use any current through such wiring, apparatus, or fixture, which has been condemned, until necessary repairs have been made and such repairs have been approved by the electrical inspector. The electricalinspector may also notify the electric transmission and distribution department or other person, firm, or corporation furnishing current to such wiring, apparatus, or fixture to disconnect the supply wires and cut off the current from premises where such wiring, apparatus, or fixture is located and such supply wires shall be disconnected and the current cut off until necessary repairs are made and approved by the electrical inspector. ameadsoft Reprint Date: Tuesday, August 20, 2013 - 12:04:12 - OffcialDocuments:609, Attachment Id 0, Page 10 SeSion 400.17 Interfering with electrical inspector. It shall be unlawful for any person, firm, or corporation to hinder or interfere with the electrical inspector or any assistant electrical inspector in the performance of their duties under this chapter. PART IV. PLUMBING CONTRACTOR°AND INSPECTORS. Section 400.18 Certificate required. (1) All plumbing construction, except homeowners' work permitted under Section 400.01(7) and preliminary preparation, such as the digging of trenches, shall be done by a master plumber, a journeyman plumber under the general supervision of a master plumber, or an apprentice plumber under the direct personal supervision of a master or journeyman plumber. (2) Master, journeyman, and apprentice plumbers shall carry their registration card on their person during working hours. Upon request of the plumbing inspector the registration card shall be produced. Failure to carry the card or to show it upon request constitutes grounds for revocation or suspension of the person's county registration. Section 400.19 Master, journeyman, and apprentice plumbers. as er plumbers. A master plumber's rating shall be established by being a state -certified plumbing contractor or by passing the Block and Associates of Gainesville, Florida examination for master plumber and registering with the county. Master plumbers holding a valid certificate of competency form the County on the effective date of this section may continue to hold and renew that license without passing the Block examination or being state certified. (2) Journeyman plumbers. A journeyman rating shall be established by passing the Block and Associates of Gainesville, Florida examination for journeyman plumber and registering with the county. Journeyman plumbers holding a valid certificate of competency from the county on the effective date of this section may continue to hold and renew that license without passing the Block examination. (3) Apprentice plumbers. Any person desiring to become an apprentice plumber shall register with the building official. (4) Use of licensee's name by others. No person who has obtained a master plumber's license shall allow his name to be used by another person either for the purpose of obtaining permits or doing business or work under the license, except as herein permitted. ameadsoft Reprint Date: Tuesday, August 20, 2013 - 12:04:12 - OffcialDocuments:609, Attachment Id 0, Page 11 "Section 400.20 Inspections. (1) It shall be unlawful to conceal any plumbing work until same has been inspected and approved. (2) In large and complicated jobs the work may be inspected in sections on the approval of the insp6ctor. (3) It shall be the duty of the building official through the plumbing inspector to enforce the provisions of this title and to make the inspections and tests required thereunder. Section 400.21 Certificate of inspection and approval. (1) After completion of the entire work, a notice shall be given the inspector for a final inspection, and if the work has been satisfactorily done, the inspector-shal" slue a certificate of inspection upon the request of the plumber holding the permit. Only one certificate shall be issued. (2-) This certif-i-cate-shal-1--not rel -i -ave the master—plumber-o# his responsibility for any defective work which may have escaped notice of the inspector. 1 10 ameadsoft Reprint Date: Tuesday, August 20, 2013 - 12:04:12 - OffcialDocuments:609, Attachment Id 0, Page 12