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HomeMy WebLinkAboutO-78-04AN ORDINANCE DEFINING AND REGULATING THE BUSINESS OF BUILDING CONSTRUCTION AND CONTRACTING IN THE CITY OF SEBASTIAN; CREATING THE CITY OF SEBASTIAN CONSTRUCTION BOARD; FIXING QUALIFICATIONS OF MEMBERS AND PROVIDING POWERS AND DUTIES OF SUCH BOARD; FIXING CERTIFICATION PROCEDURES AND FEES THEREFOR; PROVIDING EXEMPTIONS; PROVIDING PENALTIES; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE SEBASTIAN CITY COUNCIL: Section 1. Purpose. - It is hereby declared to be the intent of the council that, in order to safeguard the life, health, property and public welfare of its citizens, the business of construction and home improvements is a matter affecting the public interest, and any person engaging in the business as herein defined shall be required to establish his competency and qualifications as herein provided. Section 2. Definitions as used in this ordinance. (1) "Contractor" means any person, firm or corporation who engages in business under expressed or implied contract in any of the trades as defined in this ordinance or who undertakes or offers to undertake or purports to have the capacity to undertake, or submits a bid to, or does himself, or by or through others, engage in the business of doing a trade, and who holds a certificate of competency as provided by this ordinance to perform the work of the particular trade in which such person, firm or corporation is engaged. (a) "General contractor" shall be unlimited as to height, area and complexity of construction undertaken. A general contractor shall have the knowledge gained by five (5) years of experience .in a supervisory capacity for a general contractor or building contractor or as a licensed building contractor for said period or shall have an education and experi- ence equivalent thereto, as herein defined. A general contractor shall subcontract to a qualified contractor all work being the exclusive work of plumbing, electrical and HARV contractors, provided, however, on new site development work, site redevelopment work, mobile home parks and commercial properties, the obligation to subcontract shall not prohibit the general contractors from constructing the main sanitary sewer collection system and the main water distribution system not including the continuation of utility lines from the mains to the buildings, which utility lines shall be constructed by plumbing contractors. As to mobile home parks, the contin- uation of utility lines from the mains are to be considered a part of the main sewer collection and main water distribution systems. A general con- tractor may do, contract for, and take out permits for installing room air conditioners and for the work of any specialty contractor, as defined herein, excepting that of air conditioning contractors, refrigeration contractors, and elevator contractors. (b) "Building contractors" are those whose services are limited to construction of commercial building and single or multiple dwelling residential buildings, neither to exceed three stories in height, and/or thirty five (35) feet, and accessory use structures in connection therewith, or those whose services are limited to remodeling, repair, or improvement of any size building if the services do not affect the structural members of the building. A building contractor shall have the knowledge gained by not less than four (4) years experience in a supervisory capacity or shall have an education and experience equivalent thereto, as herein defined for a general contractor or a building contractor or have been a licensed residential building contractor for such period. A building contractor shall subcontract to a qualified contractor all work being the exclusive work of plumbing, electrical, and HARV contractors. A building contractor may take out permits for installing room air conditioners and for the work of any specialty contractor within the limits of work of a building con- tractor, except that of air conditioning contractors, refrigeration con- tractors, and elevator contractors. (c) "Residential building contractors" are those whose services are limited to construction, remodeling, demolition, repair or improvement of one, two or three family unit residences not exceeding two (2) stories in height and accessory use structures in connection therewith. A residen- tial building contractor shall have the experience, knowledge and skill gained by not less than three (3) years experience in a supervisory capacity for a general, building or residential contractor or education equivalent thereto, as herein defined. A residential building contractor shall sub- contract to a qualified contractor all work being the exclusive work of plumbing, electrical and HARV contractors. A residential building contrac- tor may take out permits for installing room air conditioners, and for the work of any specialty contractor within the limits of work of a residential building contractor except that of air conditioning contractors, refrigeration contractors, and elevator contractors. (d) "Plumbing contractors" are those who can qualify as a master plumber with a minimum of five (5) years experience, three (3) of which shall be as a journeyman plumber in a supervisory capacity with educational equivalency as herein defined, who can assume responsible charge and direction of other persons in the installation of plumbing which shall mean all work done in connection with the installation, maintenance, extension and alteration of all piping fixtures, appliances, appurtenances thereto and apparatus or equipment used in connection with a water supply and sewage disposal system; to install, maintain, repair, alter or extend any system of piping, tubing, vessels, containers, pump, apparatus and appur- tenances in connection with such pressure piping used for the circulating, transporting, holding or processing of any vapor, fluid, liquid, semi-liquid or solids, inside of, or attached to, any building, lot or premises. A plumbing contractor shall subcontract to a qualified contractor all other work incidental to the work which is specified herein as being the work of a trade other than that of a plumbing contractor. (e) "Electrical contractors" are those Who can qualify as a master electrician with at least five (5)' years experience, three (3)of which shall be as a journeyman electrician in a supervisory capacity, with educational equivalency as herein defined, to assume responsible charge and direction of other persons in the installation of electrical work which shall mean all work done in connection with t~a installation, maintenance, exten- sion and alteration of a system for electrical wiring for lights, heat'or power and all appurtenances thereto and all apparatus or equipment used in connection therewith including that of a room air conditioning unit only, and all electrical specialties. An electrical contractor shall subcontract to a qualified contractor all other work of a trade other than that of'an electrical contractor. (f) "HARV (heating, air conditioning, refrigeration, and. ventilation) contractors" are those who can qualify by four (4) years exper- ience in a supervisory capacity, or shall have an education and experience equivalent thereto, with the educational equivalency as herein defined, to perform the following: install, maintain, repair, alter or extend air conditioning, refrigeration, heating, ventilation, unlimited in horsepower or tons, including all duct systems, boiler and unfired pressure vessel systems and all appurtenances, apparatus or equipment used in connection therewith; also piping, duct work, insulation of pipes, vessels and ducts. A HARV contractor shall subcontract to a qualified contractor all other work incidental to the work which is herein specified as being the work of a trade other than that of a HARV contractor. (g) "Specialty contractors" are those who can qualify with a minimum of two (2) years experience, one-half (1/2) of which must be in a supervisory capacity, who specialize in one or more of the crafts of the building construction and related contracting trades whose scope is less than those contractors defined above and is limited under his certificate of com- petency. Specialty contractors shall be as classified and defined in the rules and regulations of the City of Sebastian Construction Board, adopted pursuant to the authority contained herein. (2) "Journeymen" are those who qualify after three (3) years minimum experience, and shall only perform work in the plumbing and electrical trades while employed by and under the supervision of a certified plumbing or electrical contractor. (3) "Contracting" means, except as herein exempted, engaging in business as a contractor. (4) "Board" means the City of Sebastian Construction Board created hereby unless the context otherwise requires. (5) "Certificate" means a Certificate of Competency issued by the ~oard as provided herein. (6) "Certification" means the act of obtaining or holding a Certificate of Competency from the Board as provided herein. (7) "Education equivalency" means that education pertinent to a specific category which shall be considered in lieu of experience, up to a maximum of one-half (1/2) of the total experience required in the applic- able category. Section 3. As far as practical, the City of Sebastian Construction Board shall be composed of the following: two (2) certified contractors (residential, building, general), one (1) electrical contractor, one (1) heating and ventilation contractor, one (1) architect or engineer, one (1) plumber contractor, and one (1) concerned citizen. All members of the Board shall be appointed by the City Council, City of Sebastian, provided however, in the event any one of the above fails to accept or prematurely resigns and the membership of the Board shall not be achieved, the City Council shall have the power to temporarily appoint such citizens as the Council determines to be acceptable and to serve until a qualified person as herein above set forth can be appointed. The Board may make recommenda- tions to the City Council. (1) To be eligible for appointment, except as herein provided, each contractor member shall be actively engaged in construction in the City of Sebastian, be a resident of Indian River County, or have an estab- lished business in the city limits. A contractor member must.meet two of the three above requirements. The concerned citizen member must be a resident of the City of Sebastian. The architect or engineer shall be licensed in the State of Florida and be a resident of Indian River County. (2) (a) Each member of the Board shall hold a valid certificate issued by this Board or the State of Florida in addition to having the qualifications required in the paragraph above, excepting the one (1) concerned citizen member. (b) In the event that any member of the Board, at any time during his term, no longer possesses the required qualifications said~ member shall be automatically suspended for thirty (30) days; then,unless requalified within thirty (30) dayS, shall be replaced. (3) Within thirty (30) days after the effective date of this ordinance, the City Council shall appoint seven (7) qualified persons to be members of the Board as follows: Three (3) members for one (1) year; two (2) members for two (2) years; and two (2) members for three (3) years. All terms of office expire on September 30 of the last year of the term. As the terms of members expire, the City Council shall, upon the recommendation of the Board, appoint a member to fill the vacancy for three (3) years. -5- (4) The Board shall meet regularly as the need presents itself. As soon as practicable after the effective date of this ordinance, the Board shall meet to elect officers from its membership. Five (5) members of the Board constitute a quorum. A majority vote will be required to act and, if a tie vote occurs on any particular action, this shall automatically require a second hearing with all seven (7) members of the Board present. (5) Special meetings of the Board may be held as the Board provides rules and regulations. (6) The Board is authorized to adopt rules and regulations to carry out provisions of this ordinance. The Board may from time to time change, alter, or amend the rules and regulations adopted. (7) All revenues received by the Board shall be deposited with the City of Sebastian. The Board shall annually submit a budget to the City Council of Sebastian for its expense. The Board or any member thereof, shall not receive any salary, expenses, or any other funds without approval of the City Council. (8) The Board shall perform such duties as may be designated by this ordinance and as may be determined by the Sebastian City Council. (9) Any member of the Board or duly appointed hearing officer designated by the Board may administer oaths and take testimony about all matters within the jurisdiction of the Board. (10) The Board shall adopt a seal for its use containing the words "City of Sebastian Construction Board." Section 4. Certification. (1) To obtain a certificate an applicant shall submit an application in writing to the Board containing the statement that the applicant desires the issuance of a certificate and the class of certificate desired on a form containing the information prescribed by the Board and shall be accom- panied by the fee fixed by this ordinance. (2) (a) Examinations shall be held at times and places as the Board determines. Each applicant shall take an objective written examina- tion about his fitness for a certificate in the category for which application is made. There shall be a type of examination for each of the categories of certificates which shall apply to the type of work covered by the certificate applied for. The examination shall cover knowledge of basic principles of contracting and construction applicable to the category for which a certifi- cate is requested. (b) The examination shall be the H. & H. Block proctor test and/or an equivalent test as may be determined by the Board. (c) A passing grade on the examination is seventy-five (75%) per cent. (3) Following receipt of the fee and application, the Board shall investigate the applicant's financial responsibility, credit reputation, education and experience, and business reputation, and the business reputa- tion of any business agency on behalf of which the applicant proposes to engage in contracting. The investigation by the Board of the above shall be at all times in the best interest of the City and the Board shall make a determination that meets, in the Board's opinion, the minimum requirements for the best interest of the City. If the application is approved by the Board, the applicant shall be notified to appear for an examination. Within thirty (30) days from the date of the examination, the Board shall inform the applicant, in writing, whether or not he has qualified and, if the applicant has qualified, that it is ready to issue a certificate in the category for which application was made, subject to compliance with the requirements of subsection (4) of this section. (4) As a prerequisite to issuance of a certificate, the Board shall require the applicant to submit satisfactory evidence that he has obtained public liability insurance in an amount not less than $100,000 property - $300,000 personal liability, evidence of insurance and 'Workmen's Compensation insurance or certificate that he has complied with the Florida Workmen's Compensation Law. All evidence of insurance must ibe filed with the Building Official. Thereupon, the certificate shall be issued forthwith, but this subsection does not apply to the issuance or renewal of inactive certificates. (5) If an applicant for an original certificate, after having been notified to do so, does not appear for examination within ninety (90) days from the date of filing his application, the fee paid by him shall be credited to the Board as an earned fee. New application for a certificate shall be accompanied by another application fee fixed by this ordinance. (6) The certificate shall not be transferable. (7) Any contractor that has secured a permit from the City within the immediate past twelve (12) months from the date of this ordinance, or, any person who has done contracting work within the City of Sebastian within the past two (2) years and submits to the Board all names and addresses of work performed within the City during the past two (2) years, upon investi- gation such person may be approved in such capacity as the Board determines to be his qualifications, or, any person holding a contractor's license which has been inactive over two (2) years and who the Board determines to be qualified, may continue in business without examination but shall obtain a certificate and insurance as required within ninety (90) days. (8) Upon the effective date of this ordinance, any person possessing the same qualifications, or equivalent, as described herein, may engage in business as a contractor without examination but shall obtain a certificate and insurance as required. Section 5. Firms and corporations. (1) Application shall be received only from individuals and certification,when granted, shall be issued only to an individual. If an applicant proposes to engage in contracting in other than his individual name, the applicant shall state the name, the officers and directors of the corporation or partnership for whom he is qualifying and furnish evidence of statutory compliance if for a corporation or business using a fictitious name. At least one (1) member of a partnership or one (1) officer or director of a corporation or one (1) supervising employee of the business organization shall be qualified under this ordinance in order for the business organization to hold a current certificate in the category of the business conducted for which the member or supervising employee is qualified. If any individual so quali- fied on behalf of such business organization ceases to be affiliated with such business organization, he shall inform the Board as provided for in Section 9, subsection (2) of this ordinance. In addition, if such individual is the only qualified individual affiliated with the business organization, the business organization shall notify the Board of the individual's termina- tion and shall have a period of sixty (60) days from the termination of the individual's affiliation with the business organization in which to qualify another person under the provisions of this ordinance, failing which, the certification of the business organization shall be subject to revocation by the Board. Any change in the status of a corporation or partnership as to ownership, qualification, or affiliation, shall be sent to the Board within ten (10) business days of such change. Failure to do so is subject to the penalties outlined in Section 10 of this ordinance. (2) The applicant shall show that the person applying for the examination is legally qualified to act for the business organization in matters connected with its contracting business, concerning regulations of the Board, and that he has authority and the responsibility for supervision of work undertaken by such business organization. (3) In order to qualify more than one (1) corporation, partnership, or business enterprise, the qualifying agent shall be a principal stockholder, partner or owner of the subsequent corporation, partnership, or business enterprise. Section 6. Renewal of certificate. - Certificates shall expire annually at midnight at the end of the fiscal year of the City of Sebastian. (1) Failure to renew the certificate during the last month of the fiscal year of the City of Sebastian, shall cause the certificate to become inoperative, and it shall be unlawful from the beginning of the following fiscal year of the City of Sebastian for any persons to engage or offer to engage or hold himself out as engaging in contracting under the certificate unless the certificate is restored or reissued. (2) A certificate which is inoperative because of failure to renew shall be restored on payment of the proper renewal fee, if the application for restoration is made within one hundred eighty (180) days after the end of the fiscal year of the City of Sebastian. A penalty fee of 10% shall be assessed if not renewed within fifteen (15) days from date of expiration, If the application for restoration is not made within the one hundred eighty (180) day period but before the next fiscal year of the City of Sebastian, the fee for restoration shall be equal to the original application fee plus penalty. If the application for restoration is not made before the beginning Of the next fiscal year of the City of Sebastian, the fee for restoration shall be double the original competency fee and in addition the Board may require reexamination of the applicant. A certificate which is not renewed within three (3) full years after expiration, may not be renewed, restored, or reinstated thereafter except by reapplication and reexamination. (3 A person who holds a valid certificate from the Board may go on inactive status during which time he shall not engage in contracting but may retain his certificate on an inactive basis on payment of an annual renewal fee during the inactive period, not to exceed ten ($10.00) dollars per year. An inactive certificate can be activated only by application to, and approval of the Board on the proper forms. Section 7. Fee - The Board shall impose the following fees: (1) The initial application fee for a certificate shall be fixed by the Board, not to exceed one hundred fifty ($150.00) dollars. (2) The annual renewal fees shall be fixed by the Board. (3) The Board shall periodically adjust said initial application fees and said annual renewal fees so that the revenue received by the Board approximates the Board's expenses. Section 8. Records. (1) All information required by the'Board of any applicant for certification shall be a public record except financial information and examination grades which are confidential and shall not be discussed with anyone except members of the Board and its staff, but the applicant is en- titled to see his examination papers and grades. An applicant must waive in writing the confidentiality of his examination and grades for the purpose of discussion at meetings of the Board. (2) If a certificate holder changes, his name style~ address or employment from that which appears on his current certificate, he Shall notify the Board of the change within ten (10) days after it occurs.. (3) All examinations shall be retained for a period of three (3~ years from the date of examination. Section 9. Prohibited activities; penalties. (1) It is unlawful for any person to engage in the business or act in the capacity of a contractor without having met the provisions of this ordinance. (2) It is unlawful for a person required to possess, but not possessing, a current certificate of competency, as set forth in this act: (a) To advertise to the public in a newspaper, airwave trans- mission, or telephone directory, or by issuance of a card, or otherwise, that he is a contractor, or is qualified to engage in business as a contractor. -10- (3) It is unlawful for a contractor to fail to include his certi- ficate of competency number in any advertising to the public in a newspaper, or telephone directory. (4) Any person who violates any provisions of this ordinance or commits any of the acts constituting cause for disciplinary action as herein set forth, shall be guilty of a violation of the ordinances of the City of Sebastian, and upon conviction thereof shall be Subject to a fine not to exceed $500 or sixty days imprisonment, or both. Section 10. Revocation or suspension of certificate. (1) On its own motion or the verified written complaint of any person, the Board may investigate the action of any contractor certified under this ordinance and hold hearings; the Board may take appropriate dis- ciplinary action if the contractor is found to be guilty of or has committed any one or more of the acts or omissions constituting cause for disciplinary action set out herein or adopted as rules or regulations by the Board. (2) The following acts constitute cause for disciplinary action: (a) Wilful or deliberate disregard and violation of th~ applicable building codes of the City of Sebastian. (b) Aiding or abetting any uncertified person to evade any provision of this ordinance. (c) Knowingly combining or conspiring with an uncertified person with intent to evade the provisions of this ordinance. When a cer-~ tificate holder allows his certificate to be used by one or more companies without having any active participation in the operations, management, or control of said companies, this act constitutes prima facie evidence of an intent to evade the provisions of this ordinance. (d) Acting in the capacity of a contractor under any certi- ficate issued hereunder except in the name of the certificate holder as set forth on the issued certificate, or in accordance with the personnel of the certificate holder as set forth in the application for the certificate, or as later changed as provided in this ordinance. (e) Diversion of funds or property received for prosecution of completion of a specified construction project or operation where as a result of the diversion the contractor is or will be unable to fulfill the terms of his obligation or contract. -11- (f) Failure in any material respect to comply with the pro- visions of this ordinance. (g) Failure to maintain insurance coverage as set by the Board. (h) Falsification of application or testimony given before the Board. (i) Abandonment of a construction project in which the con- tractor is engaged or under contract as a contractor. A project is to be considered abandoned after thirty (30) days if the contractor terminates said project without notification to the prospective owner and without just cause. (3) The Board is authorized to take the following disciplinary action: (a) Suspend the certificate holder for all operations as a contractor during the period fixed by the Board, but the Board may permit the certificate holder to complete any contracts then uncompleted. (b) Revoke a certificate. (c) Impose an administrative fine or penalty not to exceed five hundred ($500.00) dollars, which shall be recoverable by the Board only in an action at law. (d) Place the certificate holder on probation for a period fixed by the Board. (4) After suspension of the certificate on any grounds set forth in this section, the Board may remove the suspension on proof of compliance by the contractor with all conditions prescribed by the Board for removal of suspension; or, in the absence of such conditions, as in the sound discretion of the Board. (a) Any person aggrieved by the Board shall have the right to appeal such grievance to the City Council. Such appeal must be filed in writing with the City Clerk 15 days from date of action of grievance by the Board. The action of the City Council shall be final. The Council shall act on such appeal within ten (10) days from date received by the City Clerk and may consider same at any regular or special called meeting for such purpose. The person aggrieved may be permitted to finish any job outstanding except those in violation until final action by the Council and no new permits will be issued. (5) After revocation of a certificate, the certificate shall not be -12- renewed or reissued for at least one (1) year after revocation and then only on a showing of rehabilitation of the contractor. (6) The lapse or suspension of a certificate by operation of law or by order of the Board or a court, of its voluntary surrender by a certi- ficate holder does not deprive the Board of jurisdiction to investigate or act in disciplinary proceedings against the certificate holder. (7) The filing of a petition in bankruptcy, either voluntarily or involuntarily, or the making of a composition of creditors or the appointment of a receiver for the business of the certificate holder may be considered by the Board as just cause for suspension of a certificate. (8) The Board may restrain any violation of this ordinance by action in a court of competent jurisdiction. Section 11. Application of ordinance. (1) Nothing in this ordinance limits the power of a municipality, city or county to regulate the quality and character of work performed by contractors through a system of permits, fees, and inspections which are designed to secure compliance with and aid in the implementation of State and local building laws or to enforce other local laws for the protection of the public health and safety. (2) Nothing in this ordinance limits the power of a municipality, city or county to collect occupational licenses and inspection fees for en- gaging in contracting. (3) Nothing in this ordinance limits the power of the municipalities, cities or counties to adopt any system or permits requiring submission to and approval by the municipality, city or county of plans and specifications for work to be performed by contractors before commencement of the work. (4) Any official authorized to issue building or other related per- mits shall ascertain that the applicant contractor is duly certified before issuing the permit. The evidence shall consist only of the exhibition to him of current evidence of certification. (5) This ordinance applies to any contractor performing work for the state, county or municipality as well as work for private persons. They are required to determine compliance with this ordinance before giving a commencement order on any of its contracts for construction, improvement, remodeling or repair. -13- (6) If an incomplete contract exists at the time of death of a contractor, the contract may be completed, continued by any person even though not certified; however, an alternate contractor shall be qualified within a period of ninety (90) days. Such person shall notify the Board within thirty (30) days after the death of the contractor of his name and address. Section 12. Exemptions. This ordinance does not apply to: (1) Contractors who work on bridges, roads, streets, highways, railroads, or utilities and services incidental thereto. (2) An authorized employee of the United States, Florida or any municipality, city, or county, irrigation district, or other municipal or political corporation or subdivision of this state as long as the employee does not hold himself out for hire or otherwise engage in contracting except in accordance with his employment. (3) An officer appointed by a court when he is acting within the scope of his office as defined by law or court order. When construction projects which were not underway at the time of appointment of the officer of the court are undertaken, he shall employ or contract with a certificate holder. (4) Public utilities on construction, maintenance, and development work performed by their forces and incidental to their business. (5) The sale or installation of any finished products, materials, or articles of merchandise which are not actually fabricated into and do not become a permanent fixed part of the structure. (6) (a) An owner, as hereinafter defined, of residential property who constructs a residential improvement thereon for his own use and occupancy. (b) Owners of property building or improving farm outbuildings or one or two-family residences on such property for the occupancy or use of such owners and not offered for sale, or building or improvi, ng corm~ercial buildings provided that it is limited to improving commercial buildings pro- vided that it is limited to improving, remodeling, or repairing, which are not structural, under $5,000 on such property' for the occupancy or use of such owners and not offered for sale or lease. In all actions brought under this -14- part, proof of the sale or lease, or offering for sale or lease, of more than one such structure by the owner-builder within one (1) year after completion of same is presumptive evidence that such Structure was under- taken for purposes of sale or lease. (7) Any construction, alteration, improvement, or repair carried on within the limits of any site the title to which is in the United States, or any construction, alteration, improvement, or repair on any project where federal law supersedes this ordinance. (8) Any construction or operation incidental to the construction or repair of irrigation and drainage ditches or regularly constituted irrigation districts, reclamation districts, or clearing or other work on the land in rural districts for fire prevention purposes or otherwise except when per- formed by a certificate holder under this ordinance. (9) Any person who only furnishes materials or supplies without fabricating them into or consuming them in the performance of the work of the contractor. Section 13. If any part of this ordinance is held invalid or inop- erative, it does not affect any other part. Section 14. its final passage. ATTEST: City Clerk This ordinance shall become effective immediately upon Pat Flood, Jr., Mayor I HEREBY CERTIFY that Notice of Public Hearing of the foregoing Ordinance was given in accordance with Chapter 166.041 of the Florida~Statutes, that said public hearing was held .in the City Hall of the City of Seb~Lstian, Florida, at ~ ~ o'clock P.M. on / ~ ~ /.~ and that the foregoing Ordinance was duly passed and adopted by the City Council of the City of Sebastian, Florida, on the 7 ~ day of ~, 1978. City Clerk. -15-