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16._..� . Alit- - AN ORDINANCE REGULATING THE BUSINESS OF PLUMBING AND PLUMBING CONTRACTING WITHIN THE CITY OF EDGEWATER a� FLORIDA; PROVIDING FOR THE APPOINTMENT OF A BOARD 0�+ EXAMINERS; PRESCRIBING THE RIGHTS, POWERS, DUTIES, OBLIGATIONS AND FUNCTIONS OF SAID BOARD; PROVIDING FOR THE REGISTRATION OF CERTAIN PLDbff= AND PLUMBING CONTRACTORS AND FEES TEEREOF; PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE AND REPEALING ALL OR- DINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ENACTED BY THE PEOPLE. OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. DEFINITIONS: For the purpose and construction of this Ordinancet (a) The words "plumbers" or "plumbing contractors" are hereby declared and defined to mean any person, firm or corporation who is engaged in the business of installing, altering, and repairing any plumbing fixtures as that term is commonly known and sewers and other conduits. (b) The words 'Board" or "Board of Examiners" as used in this Ordi- nance shall be construed and defined to mean the Board of Examiners of plumbers or plumbing contractors herein provided for. (c) The word "City" as used in this Ordinance shall be construed and defined to mean the City of Edgewater, in Volusia County, Florida, except where otherwise indicated by the context. SECTION 2. APPOINTMENT OF BOARD OF EXAMINERS. The City Council shall appoint a Board of Examiners of plumbers and plumbing contractors consisting of three (3) members who shall serve for a term of two (2) years without com- pensation. The City Council may remove any member of said Board for cause. Members appointed to fill vacancies caused by death, resignation or removal shall serve during the unexpired term of their predecessors. SECTION 3. ORGANIZATION OF BOARD. Each Board shall elect a Chairman and Secretary for terms of two (2) years each or until their successors are elected and qualified. Any two (2) members of said Board shall constitute a quorum. SECTION 4. DUTIES OF SECRETARY. The Secretary shall keep a record of all the proceedings of the Board together with the necessary register showing all applicants for examination and licenses showing r.f + I� f the date of application, name, qualifications, place of business, place of residence and whether the application was granted or refused. Said Secretary shall prepare a roster of all contractors who shall have obtained a certif- icate as herein required and who are entitled to a license from said City in accordance with the provisions of this ordinance. A copy of such roster and amendments thereto shall be filed by said Secretary with the City Clerk, and it shall be the duty of the Secretary to promptly notify said City Clerk in the event of a revocation or of the renewal of any certificate. SECTION 5. REGISTRATION OF PLUMBERS OR PLUMBING CONTRACTORS. It shall be unlawful for any person to engage in business in said City as a plumber or plumbing contractor as herein defined without a certificate of registra- tion as a registered plumber or plumbing contractor issued pursuant to the provisions of this ordinance. It shall be unlawful for any firm or corporation to engage in busi- ness within said City as a plumbing contractor as hereinabove defined unless the same shall at all times be under the direction, supervision and manage- ment of a registered plumbing contractor. SECTION 6. QUALIFICATIONS OF APPLICANTS FOR CERTIFICATES OF REGISTRA- TION (a) INDIVIDUALS. Any person shall be qualified to receive a certifi- cate of registration to engage in the business of plumbing or plumbing con- tracting in said City if: (1) Said applicant has a good business and professional repute- tion in the community in which he .has been engaged in busi- ness; (2) Said applicant has a practical and working knowledge of the business of plumbing or contracting, as the case may be in which he seeks to engage, and (3) Said applicant has a practical and working knowledge of the Statutes of the State of Florida and the Ordinances of said City applicable to the business in which he seeks to engage including but not being limited to the Ordinances pertaining to building, electrical and plumbing."', (b) CORPORATIONS, ETC. Any firm or corporation shall b'hj y,Ya1,4fie$ fie / - 2 - M r receive a certificate of registration to engage in the business of plumbing or plumbing contracting in said City if: (1) Said applicant has a good business and professional repute- tion in the community in which it has been engaged in busi- ness, and (2) The business of such firm or corporation in said City shall at all times be under the direction, supervision and manage - meat of a registered plumber. SECTION 7. APPLICATIONS FOR CONTRACTORS' CERTIFICATES. (a) INDIVIDUALS. Hereafter any person desiring to be registered by said City as a plumber or plumbing contractor shall make application to said Board for an examination and certificate of registration. Said application shall be in writing and verified by the oath of said applicant and shall set forth: (1) The name and address of the applicant; (2) Cities or towns in which the applicant may have been an - gaged in business during the period of five (5) years next preceding the filing of said application; (3) The names and addresses of at least three (3) persons, firms or corporations having actual knowledge of the kusiness and professional conduct of said applicant; (4) A brief statement of the educational training or experience of said applicant in the business of plumbing or plumbing contracting; (5) A statement by the applicant requesting an examination, cer- tificate of registration as a plumber or plumbing contractor, as the case may be. (b) CORP:'RATIONS, ETC. Any firm or corporation desiring to be registered by said City shall make application to said Board for a certificate of regis- tration, which application shall be in writing and verified by the oath of a firm member or an officer, and which shall set forth: (1) The name and address of the applicant; (2) The cities or towns in which the applicant may hav)a-46 eg- gaged in business during the period of five�j); years, ae9t - 3 - bi preceding the filing of said application; (3) The names and addresses of at least three (3) persons, firms or corporations having actual knowledge of the business and professional conduct of said applicant; (4) The name and address of the person registered in accordance with the provisions of this Ordinance under whom the busi- ness of such firm or corporation is to be directed, super- vised and managed, together with a statement that its busi- ness will at all times be under the direction, supervision and management of a registered plumber or plumbing contractor; (5) A statement by the applicant requesting an examination, cer- tificate of registration as a plumber or plumbing contractor. Said application shall be filed in the office of the City Clerk of said City. Each applicant shall pay to said City Clerk a fee of Twenty-five Dollars ($25.00) to cover said City's cost in investigating and examining the applicant. Said City Clerk shall deliver such applications to the Secretary of said Board, who shall notify the Chairman of said Board upon receipt thereof, Said City Clerk shall remit all fees so collected to the general fund of the City. SECTION B. INVESTIGATION, E%AMINATION AND REGISTRATION OF APPLICANTS. The Chairman of said Board shall cause an investigation of said applicant to be made, and if said applicant be an individual, an examination oral or written or both of said applicant to be held by or under the supervision and direc- tion of said Board within not more than sixty (60) days next succeeding the receipt of said application by said City Clerk. If upon said investigation and examination said Board in the exercising of its reasonable discretion shell ascertain and determine that said applicant is a fit, proper and quali- fied person to engage in the business of plumbing or plumbing contracting within said City, said Board shall cause its certificate of registration to be issued to said applicant; otherwise the application shall be denied. Such certificates of registration shall show upon the face thereof that they and the licenses issued pursuant thereto are subject to revocation or suspension, „ Each certificate of registration shall remain in ft¢1 fo�pe Wa - 4 - unless and until the same is revoked or suspended, and it shall not be neces- sary for the applicant to renew his certificate annually except with the dis- cretion of the Board. If any application shall be denied, the applicant may renew his or its application at the expiration of six (6) months from the date it was denied and refused. Provided, however, that said Board for good cause shown may shorten such period. pro dab Is SECTION 9. OCCUPATIONAL LICENSE FEES. Upon the presentation of a cer- tificate from the Board, the City Clerk of said City shall furnish the plumber or plumbing contractor with a City License upon the payment of an occupational license fee of Twenty-five Dollars ($25.00) for the first year or any part thereof, and thereafter an annual license fee as fixed in said City's License Ordinance for the division in which the plumber or plumbing contractor is classi- fied. SECTION 10. LICENSES AS ISSUED. The issuance of a license under this ordinance shall be evidence that the person, firm or corporation is entitled to all the rights and privileges of a plumber or plumbing contractor in the division for which the license is issued and while the license remains un- revokedor unexpired. SECTION 11. PM=S. Permits shall be procured from the City Clerk of said City by every plumber or plumbing contractor before doing any work or construction of any character whether permanent or temporary. SECTION 12. SUSPENSION AND REVOCATIOII OF CERTIFICATES AIM LICENSES. The Board shall have the power, in addition to all other powers provided for in this Ordinance, to revoke or suspend the certificates and license of any contractor approved and licensed hereunder, who shall be guilty of any one or more of the following acts or omissions, to -wit: (a) Fraud or deceit in obtaining his or its certificate or license, or both; (b) Negligence, incompetency or misconduct in the practice of plumbing or plumbing contracting within the meaning of this Ordinance; (c) Abandonment of any contract without legal excuse; (d) Diversion of property or funds received under express agreemee for prosecution or completion of a specific contract under thls.Qr or for a specified purpose in the prosecution or completion o ract, or application or use for any other contract, obligation or purpose with intent to defraud or deceive creditors or the owner; (a) Fraudulent departure from, or disregard of, plans or specifics- . tions in any material respect, without consent of the owner or his duly authorized representative; or the doing of any wilful, fraudulent act by the Licensee as a plumber or plumbing contrartor in consequence of which another is substantially injured; (f) Wilful and deliberate disregard and violation of the ordinances of said City including but not being limited to the ordinances pertaining to building, electrical, plumbing and zoning of said City or of the rules and regulations of the State Hotel Commission; (g) Wilfully and deliberately engaging in a type or class of plumbing or plumbing contracting for which said plumber or plumbing contractor is not licensed or registered. Anyone may prefer charges against the holder of a Contractor's Certificate and License issued pursuant to the provisions of this Ordinance. Such charges shall he made in writing and sworn to by the complainant and submitted to the Secretary of said Board who shall immediately notify the Chairman of the record thereof, and mail a copy of said charges to the accused within at least five (5) days from the receipt thereof, and to serve notice upon the accused and upon all interested persons of the date fixed for a hearing of such charges before the Board. The accused shall have the right to appeal personally and by counsel at any hearing and to produce witnesses and evidence in his, its or their de- fense. If, after hearing the evidence for and against the accused, the Board is of the opinion and shall determine that said accused is guilty of the charges preferred against him, it or them, the Board may suspend or cancel the Contractor's Certificate or License, or both. The Board may reissue a certificate or a license to any plumber or plumbing contractor whose certificate or license has been revoked, provided two (2) or more mem- hers of the Board vote in favor of such reissuance. Any decision of the Board may be appealed to the City Council within five (5) days of the date of the Board's decision, provided, however, that written notice of said appeal .shall be filed with the City Clerk within said period of time. SuchlapjsaI may be taken either by the complainant or by the accused City-C1eNt- Ball DAZ' -6- 8� f notify all interested parties of the date fixed for hearing the appeal, which date shall not be less than ten (10) days next succeeding the filing of the notice of appeal. SECTION 13. MTALT_IE9. (a) Any person, firm or corporation, presenting or attempting to file or use the license of another, or who shall give false or forged evidence of any kind to the Hoard, or to may member thereof in obtaining or main- taining a license, or who shall falsely impersonate another or who shall use an expired or revoked license, or shall violate any one or more of the pro- visions of this Ordinance, shall, upon conviction be punished by a fine not exceeding Two Hundred and fifty Dollars (4250.00)2 or by imprisonment for a period not exceeding sixty (60) days, or by both such fine and imprison- ment in the discretion of the Judge of the Municipal Court for each offense. (b) Any person, firm or corporation who shall violate any of the pro- visions of this Ordinance, shall not be issued a building permit by the City of Edgewater, so long as said violation remains anrectified. Any plumber or, plumbing contractor who shall violate any of the provisions of this Ordinance shall upon majority vote of the City Council have his license revoked for a period of not more than twelve (12) months during which time said contractor shall not be permitted to engage in the business of plunbing or plumbing con- tracting within the.corporate limits of the City of Edgewater, Florida. SECTION 14. That all ordinances or parts of ordinances in conflict herewith be, and the same are, hereby repealed. SECTION 15. This ordinance shall take effect immediately upon its passage and approval by the Mayor The above ordinance was read in full and passed by the vote of the City Council of the City of Edgewater, Florida at a regular meeting on the 14th day of May, A. D. 1952. Upon motion duly made, seconded and carried the requirement of reading said ordinance upon second reading was waived, and the ordinance was ordered put upon final passage. -7- DASt � c- Passed by the vote of the City Council of the City of Edgewater, Florida, at a regular meeting of said Council held on the 1.4th day of May, A. D. 1952 and approved as provided by law, the vote of said Council on roll call being as follows: Mayor -Councilman _7 Coun� n ATTEST: Co i].man Councilman 14th day of May, A. D. 1952. , W.