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ORDINANCE NO.
AN ORDINANCE DEFINING AND REGULATING GENERAL
CONTRACTORS IN THE CITY OF EDGEWATER CREATED
BY SPECIAL ACT HAVING POWER TO REGULATE GENERAL
CONTRACTING: PROVIDING FOR CERTIFICATES OF
COMPETENCY AND REQUIREMENTS AND EXAMINATION
THEREFOR: REQUIRING APPLICATION FEES: PRESCRIBING
REVOCATION OR SUSPENSION OF CERTIFICATES OF
COMPETENCY AND PROVIDING FOR A PENALTY FOR
VIOLATION THEREOF.
WHEREAS, the business of general contracting is a matter affecting
public health, safety and welfare, and
WHEREAS, it is necessary to regulate the business of general
contracting in order to safeguard life, health, property and public
welfare of the citizens in the City of Edgewater, created by special act
having power to regulate general contractors, and to provide an effective
and practical protection to the public against incompetent, inexperienced,
unlawful and fraudulent acts:
NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA:
SECTION I: DEFINITIONS. When used in this Ordinance the following
words and phrases shall have the meaning respectively ascribed to them as
follows:
1) "Contractors" means any person who, for compensation undertaken
to, or submits a bid to, or does himself or by others, construct, repair,
alter, remodel, add to, subtract from, Improve any building or structure,
Including related improvements to real estate for others, or for resale to
others, and who is responsible for substantially the entire project.
"Contractors" are subdivided into three categories as follows:
a) "General Contractors"
b) "Building Contractors"
c) "Residential Contractors"
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2) "Contracting" means, except as herein exempt, engaging in
business as a contractor.
3) "Board" means the "Board of Code Adjustment 6 Appeals" ofthe
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City of Edgewater, Florida.
4) "Certificate" means a certificate of competency issued by the
Board as provided herein.
5) "Firm" - any type of organization, including co -partnership,
corporation, company, association and individual.
6) "Building Official" - the officials in charge of the Building Inspection
Division of the City of Edgewater, Florida.
7) "License" - Occupational License issued by the State of Florida or
County of Volusia or City of Edgewater as a prerequisite of engaging in
business.
8) "Building Code" - The Building Code of the City of Edgewater as
amended. -- -
9) "Owner -Occupier" - a person having a vested interest in the property
who either occupies or intends to occupy the premises and who improved
the premises for his own use.
10) "Responsible Managing Employee or Official" - any agent, officer
or employee of a general contractor who has authority to make administrative
decisions, to hire, promote, transfer, lay off, discipline, or discharge
other employees, or effectively to recommend such action or to superintend
work in progress, and who is available for consultation in the technical
and administrative phase of his principal's business when there is no work
in progress.
SECTION II. No person or firm shall engage in business as a General
Contractor as herein defined in the City without having a valid and effective
certificate of competency and license.
SECTION III: CLASSIFICATION OF GENERAL CONTRACTORS.
There shall be three classes of General Contractors, as follows:
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1) General Contractor as defined in Section I (1) above whose scope
of operation is unlimited as to the height and complexity of design in the
construction he undertakes, who has shown evidence of possessing the
necessary knowledge and experience and has been granted a General
Contractor's certificate of competency as provided herein.
2) BUILDING CONTRACTOR as defined in Section I (1) above whose
services are limited to construction of commerical buildings and single
or multiple dwelling residential buildings, neither to exceed three (3)
stories in height, and accessory use structures in connection therewith, or
those whose services are limited to remodeling or improvement of any
size building if the services do not affect the structural members of the
building, who has shown evidence of possessing the necessary knowledge
and experience and has been granted a Building Contractor's certificate of
competency as provided herein.
3) RESIDEN T ___ BUILDING CONTRACTOR as defined in Section 1 (1)
above whose services are limited to construction, remodeling,repair, or
improvement of one, two, or three family unit residences not exceeding two
stories in height and accessory use structures in connection therewith, who
has shown evidence of possessing the necessary knowledge and experience
and has been granted a Residential Building Contractor's certificate of
competency as provided herein.
SECTION IV: BOARD OF GENERAL CONTRACTORS EXAMINERS.
Reciprocity - an initial certificate of competency as a -^3neral
Contractor, Building Contractor or Residential Building Contractor shall
be issued without further examination to any person who has taken and
passed a written examination for such trade or occupation prepared,
proctored and graded by H. H. Block and Associates, Gainesville, Florida,
and who holds a current certificate of competency from a city which has
a general contractor's ordinance similar to that of the County of Volusia
and which grants reciprocity to Volusia County certificates of competency
for such classifications. To secure such a certificate, the applicant shall
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furnish to the Building Official of the City of Edgewater a photostatic
copy of his current competency certificate and certificate from the
Chief Administrator's office of the City issueing such certificate which
certifies that the applicant has taken and passed the appropriate H. H. Block
and Associates examination.
All persons holding a valid Class AA (is unlimited) Contractors Certificate
of Competency issued by the County of Volusia as the effective date of
this Ordinance, shall, upon application therefore, be issued a Certificate
of Competency-asaGeneral Contractor hereunder, without examination. All
persons holding a valid Class A (is a Class A) General Contractors Certificate
of Competency issued by the County of Volusia as of the effective date of this
Ordinance shall, upon application therefore, be issued a Certificate of Com-
petency as a Residential Contractor, without examination.
SECTION V: REMOVAL OF QUALIFYING INDIVIDUAL.
1) If the individual qualifying by exam_r.a'ion in behalf of a firm
ceases to, be connected with the firm to which a Certificate of Competency
has been issued, said firm shall notify the General Contractor's Code
Board in writing within ten (10) days of such cessation, and the firm shall
apply to the General Contractor's Board for an extension of time to qualify
by examination through another person.
2) If the firm fails to notify the Board within the ten day period, at the
end of this period its certificate shall be suspended until such time that the
firm files an affidavit with the Board stating that the person originally appearing
in its behalf has been replaced by another individual who is prepared to
qualify for the certificate.
SECTION VI: DURATION OF CERTIFICATES. ANNUAL RENEWAL.
All certificates of competency expire as of September 30th of each
year. Certificates may be renewed for the ensuing year without examination
during the month of September of each year upon application to the Building
Official. In the event a certificate is not renewed by November 1st but an
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affidavit is filed with the City Council of the City of Edgewater, Florida
on or before July 15th of the next ensuing year, setting forth the reasons
for this failure to so renew the certificate as required herein, the Board of
Adjustment & Appeals may, by unanimous vote, determine that the said
affidavit stated good and sufficient cause to excuse the failure to so
renew the certificate, and may thereafter, by unanimous vote, authorize
and direct the re -issuance of the certificate of competency upon the
condition that the said applicant shall forthwith purchase the necessary
occupational license for a full year and upon such other reasonable terms_
and conditions and as the said Board may desire to impose and without
requiring the said applicant to pass the examination aforesaid.
SECTION VII. OCCUPATION LICENSE. COMPLIANCE WITH LAW.
1) Before an occupational license shall he grantedto a General
Contractor by the City of Edgewater, Florida he shall be required to
produce the following:
a) A Certificate of Competency: No occupation license shall be issued
to any person, firm or corporation for the purpose of engaging in, or working
at, or carrying on business of General Contractor, Building Contractor, or
Residential Contractor, unless such person, firm or corporation be In
possession or a proper and valid certificate of competency as required therefor.
All certificates of Competency shall be issued for and be valid for the term
of one year, beginning on the first day of October in each year and expiring
the last day of September in the following year, unless suspended or revoked.
b) Competency Cards required in the City of Edgewater:
General Contractor
Building Contractor
Residential Contractor
Electrical Contractor
Plumbing Contractor
Mechanical Contractor
Air Conditioning Contractor
Sheet Metal Contractor
Roofing Contractor
Swimming Pool Contractor
Well 5 Pump Contractor
Gas Piping Contractor
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c) A Certificate signed by a qualifed agent of a casualty or liability
company or other proof of compliance with the Florida State Workmen's
Compensation Law.
2) Revocation or suspension of a Certificate of Competency shall
immediately nullify the occupational license granted thereunder.
3) The occupational license fee to be paid to the City of Edgewater
shall be in the amount fixed in the Laws of the State of Florida and the
Ordinance of the City of Edgewater.
SECTION VIII. EXEMPTIONS.
1) An owner -occupier may secure a building permit for and perform and
supervise work in connection with construction of his own private residence
for his own occupancy, or the maintenace of, addition to, alteration of or
repair of his own private residence; provided that the work to be done shall
conform with the Building Code and other ordinances pertaining to building
and construction within the City provided further th t no owner occupier
shall be permitted to construct more than one (1) home per calendar year
unless he shall be licensed as a contractor as herein defined. This provision
may be waived by the City Council if a special hardship is proved. The
construction of more than one residence by an individual owner in any
twelve-month period shall prohibit an owner occupier ffrom obtaining a
building permit for the maintenance, repair or addition to his own existing
residential property more than one time during any calendar year.
2) The owner of a commerical building may make alterations and/or
repairs to such building without being licensed as herein required, provided
that no structural changes are involved which, would require an expert
knowledge of construction in the interest of public safety; provided further
that such alterations and/or repair meet each and every requirement of the Building
Code and other ordinances pertaining to building and construction within the
City.
3) The provisions of this Ordinance shall not apply to contractors bidding
on or performing public works for municipal, county, state, federal government,
or other public body. -6-
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SECTION IX: UNLAWFUL ACTIVITIES.
1). It shall be unlawful for any contractor defined by this ordinance
operating within the City to commit any one or more of the following acts:
a) To permit his name to be used by any person or party, directly
or indirectly, either for the purpose of obtaining a building permit or to do
any work under his Certificate of Competency or license, or otherwise to aid or
abet any unlicensed person or firm to evade the provisions and the purposes
of this ordinance as defined in Sections 1 and 2.. -
b) To contract or do any work outside the scope of operations, as set
out in the definition of the particular type of contractor for which he is
licensed. However, a "Contractor" shall subcontract the electrical,
mechanical, and plumbing work for which an a amination for a certificate
of competency is required, unless such contractor holds a certificate of
competency of t.'_:e respective trade category, as required by the City.
c) Abandon without legal excuse a construction project or operation,
or for a specified purpose in the execution or completion of such, to any other
use whatsoever.
d) Divert funds or property received for the execution or completion
of a specified purpose in the execution or completion of such, to any other
use whatsoever.
e) To depart from or disregard in any material respect the plans or
specifications of a construction job without the consent of the owner or his
duly authorized representative.
f) Disregard or violate, in the performance of his contracting business,
any of the building, safety, health, insurance, or workman's compensation
laws of the State of Florida or ordinance of the City of Edgewater.
g) Misrepresent any material fact in his application and attendant papers
or orally thereto in obtaining a license under this Ordinance.
h) Failure to fulfill contractual obligation through inability to pay all
creditors for material furnished or work or services performed in the operation
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of his business for which he is licensed hereunder.
i) Do any fraudulent act as a contractor by which another Is
substantially injured.
j) Negligence, incompetency or misconduct in the practice of
contracting within the meaning of this Ordinance.
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SECTION X: REVOCATION OR SUSPENSION OF CERTIFICATE
1) The Building Official may revoke or suspend a Certificate of
Competency if, after due hearing, it is found that the holder thereof has:
a) Violated any of the provisions of Section 10 above.
b) Obtained his certificate through fraud or misrepresentation.
2) Any person holding a Certificate of Competency who is charged with
any of the causes for revocation or suspension enumerated in Paragraph 1)
above shall be notifed in writing of such charge or charges, and said person
shall have the right cf Searing in person or by counsel before the Board, and he s.`.all
be notified in writing of the time and place set by the Board for such hearing,
before any action Is taken by the Board on suspension or revocation of the
certificate. In the event any person charged with any of the causes for
revocation or suspension of this certificate fails to appear in person or by Counsel
before the Board for a hearing thereupon, after having been duly notifed of
the time and place of such hearing, the Board may proceed with the hearing
and in the event such charges are proved, the Board may then proceed with the
suspension or revocation of his certificate if such action Is deemed by the
Board to be proper and in order.
SECTION XI: RIGHT OF HEARING BEFORE BOARD OF ADJUSTMENTS &
APPEALS OF THE CITY OF EDGEWATER, FLORIDA.
If any person feels aggrieved at a decision of the Building Official in refusing
to grant such person the right to take an examination, a license, building permit
or Certificate of Competency, or Inrevoking or suspending a license, permit,
or certificate of competency, such person may appeal to the Board of Adjustments &
Appeals of Edgewater within thrity (30) days after such decision. Within ten (10)
days from the filing of a notice of appeal with the Board of Adjustments & Appeals
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of Edgewater, the person aggrieved shall be informed of the decision of the
Board of Adjustments & Appeals.
SECTION XII. STATE LICENSING LAW,
The 1967 Florida Legislature passed into law, Chapter 468, Part 2 of
the Florida Statutes, creating the Construction Industry Licensing Board.
This law also made in mandatory that anyone operating in the above
mentioned classifications must either register- or become certified by the
Board.
The City of Edgewater recognizes and accepts the Florida Construction
Industry Licensing Board as a testing agency.
SECTION XIII: PENALTY FOR VIOLATION
That persons violating any of the provisions of this Ordinance shall be
prosecuted by the City or County Prosecutor of Volusia County and upon
conviction in a court having jurisdiction of misdemeanors shall be punished
by fine not to exceed FIVE HUNDRED ($500.00) DOLLARS or by imprisonment
in the City or County Jail not to exceed sixty (60) days or by both such fine
and imprisonment.
SECTION XIV:
That all Ordinances or parts of Ordinances and all Resolutions or parts
of Resolutions in conflict herewith be and tie same are hereby repealed.
SECTION XV:
This Ordinance shall take effect immediately upon its adoption by the
City Council and approval by the Mayor, at second reading.
SECTION XVI:
The City Clerk is hereby directed to advertise this Ordinance as required
by law.
The first reading of the above Ordinance was read in full and passed by
vote of the City Council of the City of Edgewater, Florida at a regular meeting
of said Council held on the CP' i day of _. .... _ 1975
and approved as provided by law. "'—
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The second reading of said Ordinance to be at a
meeting of the City Council to be held on the day of
A.D., 1975.
Roll Call vote being as follows:
FIRST READING
SECOND READING
Councilman
20f'g��z
ouncilman
City Clerk
Di'sApproved this L_'�-&day of
o� A.D., 1975.
Mayor
This Ordinance was prepared by:
Joseph E. Weaver, City Attorney.
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