HomeMy WebLinkAbout09041986L. Gene Harris
MayOr
City of Sebastian
POST OFFICE BOX 127 [] SEBASTIAN, FLORIDA 32958-0127
TELEPHONE (305) 589-5330
Roger Cloutler
Building OffiCial
SEBASTIAN CONSTRUCTION BOARD
SPECIAL MEETING.
SEPTEMBER 4, 1986 - 5:00 P.M.
CALL TO ORDER
ROLL CALL
DISCUSSIONS:'
1)
2)
3)
ADJOURN
HOW TO HANDLE A DBA
ROOFING SHINGLES
MARINE CONSTRUCTION
NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON
THE ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS/
AND FOR SUCHPURPOSES, HE/SHE MAYiNEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGSISMADE, WHICH RECORD INCLUDES THE
TESTIMONY IN EVIDENCE ON, WHICH THE APPEAL IS MADE.
SEBASTIAN CONSTRUCTION BOARD - SPECIAL MEETING - SEPTEMBER 4, 1986 - 5:00 P.M.
MEETING WAS CALLED TO ORDER BY CHAIRMAN BALLOUGH AT 5::00 P.M.
ROLL CALL: PRESENT:
ABSENT:
MR. WALSH
MR. HOFFMAN
MR. HALLGREN
MR. DOMINIX
MR. RIZIO
MR. LAMAN
VICE CHAIRMAN CAREY- EXCUSED
ALSO PRESENT: ROGER CLOUTIER, BUILDING OFFICIAL; TOM PALMER, CITY'ATTORNEY.
CHAIRMANBALLOUGH EXPLAINED THAT A SPECIAL MEETING HAD BEEN CALLED IN REGARDS
TO THE CLASSIFICATION OFROOFING SHINGLES, WHICH THE BOARD IN THE PAST HAS
LICENSED. HENOTED THE BUILDING OFFICIAL HASYPOINTED OUT THAT THE BOARD MAY
BE IMPROPERLY LICENSING ROOFERS.
THE BUILDING OFFICIAL NOTED THAT IN THE CODE THERE IS NOTHING RELATING TO
ROOFING CONTRACTORS OF ANY KIND.
HE SUGGESTED THE BOARD INITIATE AN ORDINANCE TO HAVE A SPECIALTY FOR ROOFING
SHINGLES. HE ALSO INFORMED THE BOARD THAT THE DEPARTMENTkOF CODE AND
STANDARDS HAS PASSED A LAW THAT ALL CITIES MUST ADOPT A 1985 STANDARD CODE
BOOK WITH THE 1986 AMENDMENTS. HE SUGGESTED THAT ALL THE OLD CODES BE
REVISED.
CHAIRMAN BALLOUGH READ A PORTION OF AN OPINION HE HAD GOTTEN FROM.ATTORNEY
PALMER. (SEE ATTACHED) HE ALSO TAEKED TO MR. RUBEN OF THE DPR2 AS A
RESULT HE MENTIONED THE BOARD SHOULD REQUIRE MORE STATE REGISTRATION.
ATTORNEY PALMER SUGGESTED THAT THE BOARD REVISE THEIR RULES AND REGULATIONS
DEFINING SPECIALTIES WITH JOB DESCRIPTIONS TO BE REVIEWED AND APPROVED BY
THE CITY'COUNCIL.
MOTION BY MR. WALSH TO ASK THE BUILDING OFFICIAL TO ALLOW SPECIALTY CONTRACTORS
TO GO BACK TO WORK UNTIL THE BOARD CAN SET DOWN THE GUIDELINES.
MOTION DIED FOR LACK OF SECOND.
MOTION BY MR. HALLGREN, SECONDED BY MR. DOMINIX TO ASK THE BUILDING OFFICIAL
TO ACCEPT THE STATUS QUO OF ALL CITY LICENSES WITH RESPECT TO THE STATE
REQUIREMENT OF REGISTRATION UNTIL OCTOBER 1986.
CARRIED.
MARINE CONSTRUCTION:
THE BOARD SECRETARY ASKED IF THIS WAS A TRADE THAT NEEDED TO BE TESTED SINCE
THERE WAS CONSTRUCTION INVOLVED.
CHAIRMAN BALLOUGH STATED THAT THIS WAS ONE OF THE AREAS TO BE DISCUSSED
CONCERNING STATE REGISTRATION AND DEFINING THE SPECIALTY AREAS.
THERE BEING NO FURTHER DISCUSSION, MEETING ADJOURNED AT 6:20 P.M.
NEXT REGULAR MEETING TO BE HELD SEPTEMBER 9, 1986.
THOMAS C. PALMER
ATTORNEY AT lAW
P.O, BOX ~45,1~7 MAIN 5"I~EET, ~, FLORIDA 32958
3O5-589,.755O
Sept emb~;-.' ~:,
Construction Review Board
Under Chapter 489, Florida Statutes, Speciality Contractors
must register with the State of Florida under the provisions of
Section 489.117. Speciality contractors are those trades which
must be licensed by the City (unless State Certified) that are
not specifically set out under the trandes listed in Section 3
paragraphs (a) through (m).
However, the state requirement does not apply to all such
trades in spite of the rather all encompansing language of Section
48.9.113(1). The State is interested only in significant trades
that are incidential to the other major trades and where it is of
importance for the state to be aware of who is qualified by a
city or county. For example, window washers should not register-
If you will review the speciality ~randes that the City of
Sebastian licenses, we can ascertain those trades which need'to
register. There trades will probobly be limited to trades whereby
negligent work can cause long-term problems for the owner of the
structure in question.
Thomas C[ Palmer
THOMAS C. PALMER
ATTOr~NEY AT LAW
P,O. BOX 1~5,10~7 MAIN STREET, SEBASTIAN, FLORIDA 32958
30,5-,589-7,.5~
September 2, 1986
TO$ Construction Review Board
Florida Law (Statute 489.113) does not require any contractor
to be co3rtified by the State unless that person desires to engage in
hi~ trade on a Statewide basis.
State Certified trades are granted local permits unless the
local Board finds as. a matter of fact that the person .has been
guilty of fraud or a willful building code violation. (See Sec.
489.113, ?aragraph (4)).
Luca2 municipal boards 'are not precluded by State law to
license 'crades, including so-called "speciality contractors."
Onco locally licensed, only certain important local speciality
contractors tradesman must merely register with the State using
a standard form and paying the fee therefore.
IN SHORT: No trade is required to be certified by the State
unless that person intends to practice his trade in a statewide
basis. · .....
Of course, this opinion is limited to trades that are within the
sUbject matter jurisdiction of Chapter 489, Florida Statutes.
Thomas C. Palmer