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09-21-1989 Workshop u Q CITY OF EDGEWATER BUILDING TRADES REGULATORY AND APPEALS BOARD WORKSHOP MEETING SEPTEMBER 21, 1989 MINUTES Mr. Jack Hayman called to order a workshop meeting between the Building Trades Board and the Home Builders Association Task Force at 7:00 p.m., September 21, 1989 in the City Hall conference room. ROLL CALL: Members present were: Larry Swets, Lester Yarnell, John Ciaffoni, Jack Hayman and Ray Gagnon. Members Les Ogram and Doug Cole were absent. Also present were, Tom Owens and Joanne Sturdevant of the Home Builders Association and Dennis Fischer, Building Official, Frank Conrey, Electrical Inspector and Jan Morris, Recording Secretary. WORKMENS COMPENSATION Mr. Fischer stated the new change in the workmens compensation law that the State has handled down will effect everyone. They have inserted one sentence in there stating" Every contractor or subcontractor shall, as a condition to receiving a building permit, show proof that he has secured compensation for his employees under this chapter as provided in s.440.38." I tried to get some clarification on this and this means the Building Department have to have proof of workmens compensation before they can issue a permit. I met with the Volusia County Inspectors Association and there is some confusion as to what the other cities are going to do. Some are going to require affivadit, some actual workmens compensation copy be given to the Building Department, and a couple of other cities are taking the wait and see attitude. They want some clarification. I am following a similiar guideline that Daytona is using. They seem to have a pretty good step on the situation, is an affivadit that we have prepared stating that at the time of either the issuance of a permit or the time renewal of licensure with the city, that either (1.) you provide us with your workmens compensation or (2.) Sign the affivadit stating that you have workmens compensation, notarize and give to us. We are in the process of renewing the license and comp cards at this time. Therefore you can comply with the code section as written. I have run into a litte flack that some of the contractors reply that they are self insured or they cannot obtain workmens compensation. Mrs. Strudevant, a professional insurance agent, said the easiest thing for the building department, from her understanding of the (.) o new law, is to require a certificate of workmens compensation at the time they apply for a building permit. She added the problem with the contractor is he is responsible for every person who comes on that job. The Subcontractors provide the contractor with a copy of their workmens compo The problem is if the sub doesn't get the job done, then he gets his brother- in- law or someone to come down and help him finish the job, if that person get hurts on the job then he can come back on the contractor. The way the law reads is every contractor will have to have workmens comp now in order to pull a building permit. Mr. Ciaffoni said you techinically don't have to have workmens comp if you are a owner with no employees but you must have it in order to pull a permit. Mr. Fischer stated this also applies to other type of contractor also, such as a roofer. He added, "I am reading it to say anyone who pulls a permit." Mrs. Strudevant stated the other change is everyone with one or more employees must have workmens compensation, instead of the three or more employees. Sole Propriators do not have to carry workmens comp, but if he has one employee, even a cleaning lady, he must have it. Whether it is family, a worker, part time person or one full time person, he must have a workmens compensation policy and he will be fined if he does not have it. That is what the Senate Bill 86 that went through it June does. There is a list of classifications for workmens comp, but it is pretty much anyone in the building industry. Mr. Owens asked what this was going to do with the owner/builder. Mr. Fischer replied he signs an affivadit. the Chapter 489 addressing the owner/builder. this changes the owner/builder statement. this for sometime, it is a two part statement liability or contracting without a license. We took this out of I do not know if We have been doing telling them of the Mrs. Strudevant said they did not address the owner/builder, but the owner/builder does have the same liability as a regular contractor would have on that job. He would be responsible if someone were injured on that job. Mr. Fischer said that the law is pretty has been told by sole propriates that asked if the insurance companies could policies were cancelled. much self evident. He they can not get it. He notify the City if the Mrs. Strudevant said they are suppose to be notified within 10 days. But unfortunately, some of the insurance companies don't get it out within that time. Mr. Owens said one the things that needs to be looked at is how is it going to affect the building department and how your office is going to handle it. If Jan is going to have to go back and chase down each and everyone then it might be easier to make it v o a part of the permit package. Mr. Fischer questioned Mrs. Strudevant about the time period it takes to get a certificate, saying the p~ople will say I can't get it for two weeks. Mr. Ciaffoni said if you make it a part of the package then it will be right there. Mr Owens said he could have several made out at once and just include one with each permit package. He added you would have to have one with a date close to the time of application or it would be where they take it out get the certificates and cancell. Mr. Owens said the easiest way may be just have them present a certificate at the time of licensing and just hope that is enough to satisfy the State. Mr. Fischer said to keep the thing as tight as you can get it, is require one at the time of permitting. We rely on our local number and when we get on the computor this can be fed into the computor and it will do the back checking for us. He added most contractors building homes, he does not see it being that much of a inconvenience. The only ones he can see it causing a problem is these small contractors, reroofers, pool contractors, etc.. Mr. Fischer stated our computor program we got here is a lump package for a city. He added they have programs that are for Building Departments. Deland is installing one put out by the Southern Building Code Congress, which I hope to go over and take a look at. Budget wise we did get money for a program this year and the other thing is the Council has approved another person in the Building Department. They will help Jan because you have to go in both directions, not only do you do tomorrows permits but you must log yesterdays. With all this we hope to have a 24 hour turnaround on permits. Mr. Fischer stated as of October 1st, the building department will be requiring a certificate of workmens compensation as per requirement of House Bill 896 that any authorized agent that can pull a permit be required at that time to provide us with a certificate of insurance as a requirement for application for a permit, will be in the file prior to issuance. Mr. Fischer related to the Board the surety bond requirement was voted on for the attorney to write the appeal. Eventhough, it will not be effective yet, we are not going to require it for renewal of comp cards. The Board discussed the Sole Propriators and what would be required of them to comply with the workmens compensation law. They discussed if there was something that could be done when they are issued City licenses. Mr. Fischer stated we are going to have to require the certificates at the time of permit applications. We may be able to refine this next year at time of licensing renewals but at the time being I believe this is the v o way we are going to have to do it. Mr. Owens asked Mr. Fischer to explain authorized agent. Mr. Fischer replied as far as the Building Department is concerned, if the license holder himself is not the legperson, doing the running, picking up permits, etc. then they can give the authorized agent the power of attorney to sign for and pick up permits with each and every permit. It is not really a power of attorney it says I hereby authorize so and so to secure the permit for me. He can also bring the check down so that the license holder does not have to physically come down, especially for those out of town. We take it for each individual permit. Mr. Ciaffoni asked if he needed to give his wife a letter to pick up a permit. Mr. Fischer replied no, if it is evident then they don't require a letter. Mr. Fischer told the Board if we finish up this year as we are going today to will do about with a house a day with 360 single family homes for the year. As you read the Dodge Reports that construction is falling off, it may be in other areas but it is not here. I don't see anything in the next three or four months that it is going to change. Mr. Hayman said in the next workshop the Board needs to take a look about what the Board is going do. We need to get into and really define procedures. We need to have this to protect the City and protect the Building Department. The Council has already notified us that we need to give them something in writing defining out duties. I would like this to be in our next workshop session. There being no further business to come before the Board, a motion was made by Mr. Ciaffoni to adjourn, motion seconded by Mr. Swets. Meeting adjourned at 8:25 P.M..