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HomeMy WebLinkAbout11-10-2025 Construction Board MinutesIV 1A CITY OF SEBASTIAN SEBASTIAN CONSTRUCTION BOARD MINUTES OF REGULAR MEETING NOVEMBER 10, 2025 Call to Order -- Chairman Fortier called the meeting to order at 6:18 p.m. Pledqe of Alleqiance -- was recited by all cralr�Io Present Mr. Wilcher Mr. Roberts Chair Fortier Mr. Scheskowsky Ms. Carbano-Excused Absence CHAIRMAN Board Approved // Date��/�a Approved Su0jea Tq Also Present Wayne Eseltine, Building Official/Fire Marshal Bridget Eakins, Recording Secretary Announcements and/or Modifications -- None Approval of Minutes -- Auqust 26, 2025 There were no objections to the minutes as presented. The minutes were approved unanimously. VI. Public Input -- None VII. Unfinished Business -- None Vill. New Business -- A. Review of proposed Ordinance 0-25-16; Regarding Contractor Licensing Category Changes: The Building Official began by presenting background information on the City's contractor licensing categories. He explained that Resolution R-96-62, adopted in 1996, established the original list of local contractor license categories. Under this system, the Construction Board served as the sponsoring authority for individuals seeking local licensure. The Building Official explained that applicants appeared before the Board for approval before t�:•i:�ii :i:A' :V 4 �,....*tfy..w.e.s.,.._.._.., 1• v�'-•��.��!•Jzj'a� n��',���'L:�r1��`4��' III being eligible to take the required examination. He informed that this sponsorship process ended around 2007 during a period of reduced staffing within the city. At that time, it was anticipated that Indian River County would begin sponsoring local licenses at the county level, consistent with practices in surrounding counties. The Building Official noted that contractor category lists historically varied widely between municipalities statewide, which created challenges for contractors working across jurisdictions. The Building Official then outlined recent legislative changes governing local contractor licensing. He reported that in May 2024, Senate Bill 1142 preempted most local licensing requirements, with limited exceptions. Florida Statute 163.211 now expressly preempts occupational (local contractor) licensing to the state and supersedes all local government licensing requirements, prohibiting municipalities from maintaining local licenses except as specifically authorized. Florida Statute 489.117(4)(a)(1) was amended to allow municipalities to regulate only those local licenses that "substantially correspond" with state -recognized specialty contractor categories. Additionally, DBPR was directed to establish new specialty categories by July 1, 2025. Using the new state specialty categories, staff reviewed all currently active specialty contractors in the City's database to determine which local licenses substantially correspond to the updated state list. A summary of this review was provided on page two of the packet. The Building Official advised that several existing local license categories do not substantially correspond to any state specialty category. These licenses will no longer be renewed or offered. He clarified that if a contractor performs work requiring a building permit, an appropriate state or state -aligned specialty license will be required. Affected license categories were identified on page two as well. He further explained that a Contractor Licensing Changes Notification Form will be sent to all affected contractors in the City's database. The Building Department is also in the process of updating its licensing module so that each contractor will be assigned a unique project number, enabling online document submission and renewal. The Building Official reviewed the new comprehensive list of contractor licensing categories, which now includes all Division I and Division II contractors, electrical contractors, all specialty trade categories, fire suppression, journeyman classifications, and various other categories currently recognized by the State of Florida. He noted that locally licensed Division I and II contractors must continue to be registered with the state, and that requirement has not changed. He then summarized the accompanying list of definitions for each category. These definitions were taken directly from the applicable Florida Statutes and the Florida Administrative Code. They were used to determine how existing local licenses align with the state specialty categories. Both the list of categories and their definitions will be available to the public at the Building Department and on the City's website. The Building Official concluded by introducing Proposed Ordinance 0-25-16, which amends Chapter 26, Buildings and Building Regulations, Article VI — Contractors. The ordinance will be presented to the City Council on Wednesday, November 13th. Council will receive the full staff report along with all materials reviewed during the meeting. The staff report includes an executive summary and recommends approval to ensure the City's regulations conform to state law. He noted that the ordinance strikes the contractor licensing definitions previously located in Section 26-161 to prevent conflicts with state statute or administrative code. The definition of Handyman Services, as established in the Florida Administrative Code, was added to this section, as the City still issues a Handyman Business Tax Receipt, and the updated definition clarifies permissible and prohibited work. Additional updates include revised definitions for state -registered contractors and clarified certification procedures consistent with current requirements. The Building Official then asked the Board if there were any further questions. Hearing none, he requested that the Board consider a motion recommending approval of Proposed Ordinance 0-25-16 to the City Council. During the Board's discussion, Chairman Fortier asked whether the City of Sebastian currently sponsors or issues contractor licenses. The Building Official confirmed that the city discontinued sponsoring licenses in 2007, but historically did so before that date. He stated that while the City no longer issues such licenses, it must update its categories to remain in compliance with Florida Statutes and to maintain accurate records of individuals previously licensed under the City's system. Chairman Fortier questioned the value of changing categories if Sebastian no longer actively licenses contractors. The Building Official responded that local licensing was never fully eliminated statewide, and municipalities are required to maintain codified licensing categories for compliance, enforcement, and historical recordkeeping. He explained that Sebastian's current code was outdated and inconsistent with state law, and modernization was necessary. A discussion followed regarding the "handyman" classification. Chairman Fortier asked how the ordinance would affect individuals operating as handymen. The Building Official explained that a handyman is not a licensed trade under Florida law and is only required to obtain a business tax receipt. The city cannot regulate the work of a handyman beyond state law, but can treat unlicensed activity as a violation if an individual performs work requiring a state license. Chairman Fortier expressed concern that the handyman classification could be abused. The Building Official acknowledged this possibility but noted that enforcement tools remain available for unlicensed contracting. Chairman Fortier inquired about staffing levels within the Building Department. The Building Official reported that the department currently consists of four full-time inspectors and plans examiners, three administrative staff, and additional part-time personnel. He confirmed that he serves as both Building Official and Fire Marshal, assisted by part-time staff with many years of experience. Chairman Fortier commented that the department has been functioning well and that many reviews have been completed efficiently. B. Review of proposed Ordinance 0-25-16; Regarding Contractor Licensing Category Changes: After additional discussion, Chairman Fortier called for a vote on whether to recommend approval of Proposed Ordinance 0-25-16 to the City Council. There were no objections to the ordinance as presented. The proposed ordinance was approved unanimously. X. Board Matters -- None XI. Buildinq Official Matters -- None XII. Attorney Matters -- None XIII. Adiourn -- With no further matters to address, Chairman Fortier adjourned the meeting at 6:46 p.m.