Loading...
86-O-11Q ORDINANCE NO. 86-0-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE 1, SECTIONS 7-1, 7-2, 7-3, 7-4, 7-5, 7-6, 7-7 AND ARTICLE X, SECTIONS 7-340 THROUGH 7-360 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, BY ESTABLISHING A BUILDING TRADES REGULATORY AND APPEALS BOARD; PROVIDING FOR MEMBER- SHIP, POWERS, DUTIES AND PROCEDURES OF THE BOARD; ESTABLISHING REQUIREMENTS FOR CONTRACTORS AND SUB- CONTRACTORS; PROVIDING FOR CONTRACTOR LICENSING AND COMPETENCY REQUIREMENTS; PROVIDING LICENSE FEES FOR CONTRACTORS AND SUBCONTRACTORS; CONTAINING A RE- PEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, has adopted the Southern Building Code Congress International STANDARD BUILDING CODE, and, WHEREAS, the State of Florida Legislature has allowed for the creation of LOCAL CONSTRUCTION REGULATION BOARDS, and WHEREAS, the City of Edgewater Building Code Board/Board of Adjustments and Appeals at their meeting of April 24, 1985, May 1, 1985 and May 15, 1985, carefully reviewed this material and accordingly made recommendations to the City Council that an ordinance on the subject be adopted, and WHEREAS, the City Countil, at their regular meeting of August 5, 1985, directed the City Attorney to prepare an ordinance on the subject; NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION I. Article I, Ch. 7, Code of Ordinances shall be amended as follows: Section 7-1. Definitions When used in this ordinance the following words and phrases shall have the meanings respectively ascribed to them as follows: 1. Board means the "City of Edgewater Building Trades Regulatory and Appeals Board" created pursuant to Section 105 of the Standard Building Code 1985 Edition, and Chapter 489, Florida Statutes, as amended in 1985 by S.B. 88. 2. Building Code means the technical codes and regulations in Chapter 7, Article'11, Code of Ordinances, City of Edgewater, Florida. 3. Building Official means the official in charge of the Building Inspection Department of the City of Edgewater, Florida. 4. Certificate of Competency means a certificate of competency issued by the City of Edgewater, Florida, as provided herein. Page 1 of 15 5. City means the City of Edgewater, Volusia County, Florida. 6. Contracting means, except as herein exempted, engaging in business as, or performing services as, a contractor. 7. Contractor means any person who,: for compensation, undertakes to, or subptits`.a-bid to, or.d'oes himself or by others, construct, repair, alter, remodel, add to, subtract from, improve any building or structure, including related improve- ments to real estate for others, or for resale to others, and who is responsible for substantially the entire project. 8. Firm means any type of business organization including partnership, corp- oration, joint venture, association and individual. 9. Occcdpational License means a valid and current occupational license as issued under the provisidns of State Statutes by any Florida municipality or County. 10. Owner -Occupier means a person having a vested interest in the property who either occupies or intends to occupy the premises and who improves the premises for his own use. 11. Registration means a certificate of registration issued by the City as provided herein. 12. Responsible Managing Employee or Official means any agent or officer or employee of a general contractor, who has authority to make administrative decisions, to hire, promote, transfer, lay-off, discipline 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 phases of his principal's business. 13. Subcontractor means an individual or firm which enters into an agree- ment with a contractor, owner, or with another subscriber for the performance of any part of such work as described in the definition of contracting. SECTION 7-2. City of Edgewater Building Trades Regulatory and Appeals Board. Regulatory Board created, composition, terms, qualifications, organization, compensation: (a) There is hereby established within the City of Edgewater, Florida, the Edgewater Building Trades Regulatory and Appeals Board, hereinafter referred to as the "Board". (b) The Board hereby created shall consist of seven (7) members, whenever possible, composed of: one general contractor at large, one journeyman or master electrician, one plumber and gas installer, one architect, one mechanical installer and one at large from the construction trade. Page 2 of 15 (c) Each member of the Board shall serve for term of three years. Initial appointments, however, shall be staggered. No elected official or employee of the City Government shall be appointed to serve on the Board. (d) Each Board Member shall be a resident of Volusia County, Florida, and preference shall be given to residents of Edgewater in the appointment of members. (e) Four members shall constitute a quorum for the conduction of business of the Board. It shall require a majority vote of those members present, assuming there is a quorum, to take any action that is within the jurisdiction of the Board. (f) It shall be the responsibility of the Board to make certain that all members of the Board maintain their qualifications to serve on said Board. If the Board determines that a member has ceased to possess the requisite qualifications the Board shall thereupon have the authority to suspend that member from voting and shall so notify the said member in writing and shall further notify the City Council in awritingof its action. The City Council is hereby vested with the authority to remove said member. (g) If a member misses three (3) unexcused regular meetings of the Board, that member shall be considered automatically removed from the Board, and a person from that field shall thereafter be appointed to fill his or her unexpired term. (h) The City Council shall in all cases have the authority to remove any member of the Board at any time at its pleasure. (i) Whenever a vacancy is to occur on the Board by way of the terms of a member expiring the Board shall make one or more recommendations as to nominations for the positions to be filled, and said recommendations shall be in written form and shall be turned in to the City Clerk at least sixty (60) days prior to the vacancy. Whenever a vacancy occurs not due to expiration of a term, said Board shall make its recommendations within forty-five (45) days after being noti- fied of said vacancy. (j) The Board shall annually select a chairman and vice-chairman from among its members. The City of Edgewater, Florida, shall provide all clerical assistance. Members shall serve without compensation but may be reimbursed for expenses incurred in the performance of their duties. (k) The Board shall meet at regular intervals and at such other times as it may deem necessary for the transaction of its business. It shall adopt written by-laws and keep a properly indexed public record of its resolutions, transactions, findings, and recommendations. Page 3 of 15 (1) The members of the Board who are general contractors, the members of the Board who are master electricians and the members of the Board who are mechanical contractors shall have the qualifications specified for their respective fields asre- quired by the ordinances of the City and laws of the State of Florida, where applicable. The member of the Board who is a gas installer shall have the qualifi- cations of a master plumber. The member of the Board who is an engineer shall be a registered engineer under the laws of the State of Florida. The member of the Board who is an architect shall be a registered architect under the laws of the State of Florida. SECTION 7-3. Duties and responsibilities of the Board. (a) To hear appeals and apply adjustments whenever an appeal is made by an aggrieved party who is a contractor, subcontractor, owner, or any other person engaged in the building trades industry, from any decision or interpretation or application of any provision of the Standard Building Code by the Building Official. (b) To determine that an applicant for a certificate of competency or a certifi- cate of registration has the requisite qualifications for the field for which he is applying, and to revoke or rescind a certificate of competency or a certificate of registration where that person is found to be imcompetent or lacking in the re- quisite qualifications, providing, however, that the Building Officialshall have authority to issue a certificate of registration, unless, inibis opinion, the applicant should be reviewed by the Board. (c) To satisfy itself as to the character and integrity of each applicant for a certificate of competency or a certificate of registration and to require such pertinent information as it may deem necessary. (d) To recommend amendments to the various codes and regulatory standards that have been adopted by the City Council that bear upon the construction industry and building trades in general. (e) Said Board reserves the right to satisfy itself as to the character, integrity and experience of any person or persons applying for the position of Building Official prior to being interviewed and/or hired by the City Council, and furthermore, reserves the right to make recommendations on said person prior to hiring of this person by the City Council. SECTION 7-4. Hearing Procedures. Where any person, firm or corporation is brought before the Board for which a suspension or revocation of certificate of compentency or certificate of regis- tration is to be considered, or whenever the Board is sitting as a Board of Appeals Page 4 of 15 upon an appeal made by any aggrieved party of .any decision of the Chief Building Official or of any inspector, the following procedure shall be observed: (a) Notice of Appeal. Notice shall be given in writing within thirty (30) days from decision of Building Official on forms provided by the Building Official. (b) Notice of Hearings Before the Board: The Board shall cause written notice of hearing to be mailed by certified mail, return -receipt requested to the person, firm or corporation whose certificate of competency or certificate of registration is to be considered or to the aggrieved person, firm or corporation appealing from a decision of the chief building official or any inspector setting forth the date, time and place of the hearing which shall not be less than two (2) weeks following the date of the notice, and which shall apprise the recipient of the notice of the matter to be considered and the possible action to be taken by the Board. Said notice shall be signed by the chairman or secretary of the Building Trades Regulatory Board. (c) Hearing. All hearings shall be open to the public. It shall be the respon- sibility of the City Council to provide such clerical and administrative personnel as may reasonably be required by the Building Trades Regulatory Board for the proper performance of its duties including the transcription of all proceedings. The Building Trades Regulatory Board shall proceed to hear the cases set for the agenda for the date of the hearing. All testimony shall be under oath. Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern said pro- ceedings. At the conclusion of the hearing, or within ten (10) days thereafter, the Building Trades Regulatory Board shall issue findings of fact based on the evidence of record, and conclusions of law, and shall issue an order consistent with the powers granted to the Building Trades Regulatory Board. The findings shall be by motion approved by a majority of the Board. The record shall be preserved for presentation to the Court on appeal, if there is an appeal, and the same shall be subject to review. (Ord. No. 85-80, par. 1, 1-13-31). SECTION 7-5. Building Trades Regulatory Board's Decision: If any person feels aggrieved at a decision of the Board after the conclusions and recommendations of the Board, such person may appeal such decision to the Courts. SECTION 2.. Article X, Ch. 7, Code of. Ordinances is hereby amended as follows: Page 5 of 15 Sec. 7-340. Occupational License; compliance with law. (a) Before an occupational license shall be granted to a general contractor by the city, he shall be required to produce the following: (1) A certificate of competency: No occupation license shall be issued to any person or firm for the purpose of engaging in, or working at, or carrying on business of general contractor, building contractor, or residential contractor, unless such person or firm be in possession of 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. (2) Competency cards required in the City: General contractor Building contractor - Residential contractor Electrical contractor Plumbing contractor Mechanical contractor Air conditioning contractor Sheet metal contractor Roofing contractor Swimming Pool contractor Well and pump contractor Gas piping contractor (3) A certificate signed by a qualified agent of a casualty or liability company or other proof of compliance with the state workmen's compensation law. (b) Revocation or suspension of a certificate of competency shall immediately nullify the occupational license granted thereunder. (c) The occupational license fee to be paid to the city shall be in the amount fixed in the laws of the state and the ordinances of the city. (Ord. No. 941, Ch.7, §7, 11-24-75). SECTION 7-341. Certificate of competency and license required. 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. (Code 1963, §5-5;. Ord. No. 941,, Ch. 7, ,§2„ 11-24-75). SECTION 7-342. Licensing Board. The 1967 Florida Legislature passed into law, Chapter 468, Part of the Florida Statutes, creating the construction industry licensing board, made it mandatory that anyone operating in the above mentioned classifications must either register or become certified by the board. The city recognizes and accepts the state Page 6 of 15 O 4�) construction industry licensing board as a testing agency. (Code 1963, 45-2; Ord. No. 941, Ch. 7, 912, I1-24-75). SECTION 7-343. Classification of General Contractors. There shall be three (3) classes of general contractors .. as follows: (1) General Contractor as defined in this article whose scope of operation is unlimited as to the height and complexity of design in the construction he under- takes, 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 this article whose services are limited to construction of commercial 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 no 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) Residential Building Contractor as defined in this article whose services are limited to construction, remodeling, repair, or improvement of one, (1), two (2) or three (3) family unit residences not exceeding two (2) 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 resi- dential building contractor's certificate of competency as provided herein. (Code 1963, 55-1; Ord. No. 941, Ch. 7, §3, I1-24-75). Page 7 of 15 SECTION 7-344. Reciprocity. An initial certificate of competency as a general 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 this county and which grants reciprocity to this county certificates of competency for such classifications. To secure such a certificate, the applicant shall furnish to the building official a photostatic copy of his current competency certificate and certificate from the chief administrator's office of the city issuing 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 this county as of the effective date of Ordinance No. 941 shall, upon application therefor, be issued a certificate of competency as a general con- tractor hereunder, without examination. All persons holding a valid class A (is a class A) general contractor's certificate of competency issued by this county as of the effective date of Ordinance No. 941 shall, upon application therefor, be issued a certificate of competency as a residential contractor, without examination. (Code 1963, §5-6; Ord. No. 941, Ch. 7, §4, 11-24-75). SECTION 7-345. Removal of Qualifying Individual. (a) If the individual qualifying by examination 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) Page 8 of 15 ..i days of such cessation, and the firm shall apply to the general contractor's code board for an extension of time to qualify by examination through another person. (b) If the firm fails to notify the board within the ten (10) 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. (Ord. No. 941, Ch. 7, §5, 11-24-75). SECTION 7-346. Duration of Certificates; Annual Renewal. All certificates of competency expire as of September thirtieth 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 first, but an affidavit is filed with the City Council on or before July fifteenth of the next ensuing year, setting forth the reasons for this failure to so renew the certificate as required herein, the Building Trades Regulatory and Appeals Board may, by unanimous vote, determine that 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 condition that the applicant shall forthwith purchase the necessary occupational license for a full year and upon such other reasonable terms and conditions and as the board may desire to impose and without requiring the applicant to pass the examination aforesaid. (Ord. No. 941, Ch. 7, §6, 11-24-75). SECTION 7-34 7.. Exemptions. (a) An owner -occupier may secure a building permit for and perform and super- vise work in connection with construction of his own private residence for his own occupancy, or the maintenance of, addition to, alteration of or repair of his own private residence for his own occupancy, or the maintenance of, addition to, alteration of or repair ofhis own private residence; provided that the work to be done shall conform with the building and construction within the city; provided further that no owner -occupier shall be permitted to construct more than one 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 prohibiy an owner -occupier from obtaining a building permit for the maintenance, repair or addition to his own existing residential property more than one time during any calendar year. Page 9 of 15 (b) The owner of,a commercial 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 every requirement of the building code and other ordinances pertaining to building and construction within the city. (c) The provisions of this article shall not apply to contractors bidding on or performing public works for municipal, county, state, federal government, or other public body. (Ord. No. 941, Ch. 7, y8, 11-24-75). SECTION 7-348. Unlawful Activities. It shall be unlawful for any contractor defined by this article operating within the city to commit any of the following acts: (1) To permit his name to be used by any person or party, directly or in- directly, 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 un- licensed person or firm to evade the provisions and the purposes of this article. (2) 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, gas, swimming pool, pump and irrigation, and plumbing, work for which an examination for a certificate of competency is required, unless such contractor holds a certificate of competency of the respective trade category, as required by the city. (3) Abandon without legal excuse a construction project or operation. (4) 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. (5) Depart from or disregard in any material respect the plans or specifica- tions of a construction job without the consent of the owner or his duly authorized representative. (6) Disregard or violate, in the performance of his contracting business, any of the building, safety, health, insurance, or workmen's compensation laws of the state or ordinances of the city. (7) Misrepresent any material fact in his application and attendant papers or orally thereto in obtaining a license under this article. Page 10 of 15 (B) Do any fraudulent act as a contractor by which another is substantially injured. (9) Negligence, incompetency or misconduct in the practice of contracting within the meaning of this article. (Ord. No. 941, Ch. 7, §9, 11-24-75). SECTION 7-349 Revocation or suspension of Certificate Hearing Appeal. (1) The Board may revoke or suspend a certificate of competency or certi- ficate or registration, if, after due hearing, it is found that the holder thereof has: a. Violated any of the provisions of any section of this ordinance. b. Obtained his certificate through fraud or misrepresentation. (2) Any person holding a certificate of competency or registration charged with any of the causes for revocation or suspension enumerated above shall be noti- fied in writing of such charge(s) and said person shall have the right of hearing in person or by counsel before the Board, and he shall 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 his certificate fails to appear in person or by counsel before the Board for a hearing thereon, after having been duly notified 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. The Board may request the person holding a certificate of competency and/or registration to provide any documents which the Board feels are relevant pertaining to the competency of the individual under any provisions of this act. (3) If any person feels aggrieved at a decision of the Board or the Building Official and refusing to grant such person, after he has passed proper examinations, a license, permit or certificate of competency or registration to carry on or engage in the trade, business or occupation for which he has applied or in revoking or suspending a license permit or a certificate of competency or registration, such person may appeal such decision to the Courts. SECTION 7-350 Insurance. (1) Every contractor and/or subcontractor granted a license in the City shall be required to maintain at all times, with a Casualty Insurance Company authorized Page 11 of 15 to do business in the State of Florida, a Public Property Damage Surety Bond with a minimum limit of not less than One Thousand Dollars ($1,000.00) for any one accident naming the City of Edgewater as obligee. (2) Any contractor as delineated hereinabove in this ordinance entering into an agreement with any person for consideration either for a fixed contract price or a costs plus basis, or for anything of value or for a supervising fee or for a management fee or for a commission to supervise any work as covered by the terms and provisions of this section shall be held and considered to be carrying on the business of a con- tractor and the respective trade, and shall be required to furnish sufficient insurance in the amount of One Hundred Thousand Dollars ($100,000.00) general liability for each person plus Three Hundred Thousand Dollars ($300,000.00) for each accident. SECTION 7-351 Suspension of Work. The contractor holding a certificate of competency hereunder shall be responsible for the proper supervision and performance under any building project during any phase of construction for which he is responsible. He shall designate a responsible managing employee or official or his representatives, the subcontractors, suppliers, owners, etc. The contractor shall designate, in writing to the Building Official, the responsible managing official or employee who shall be designated for each con- struction project. SECTION 7-352 Certificate of Registration Requirements. All subcontractors as defined by this ordinance shall be required to obtain a certificate of registration which shall be renewable on an annual basis. SECTION 7-353 Certificate of registration, application, validity renewal. (a) Certificates of registration shall be valid throughout the City and shall be renewable annually, upon conditions hereinafter described. A register shall be kept in the office of the Building Official in City Hall, showing the name, date and the address of all persons to whom a certificate of registration is issued hereunder. (b) The fees required by Section 7-340 .and. Section 341 of this ordinance are due and payable on the first day of October of each year. Any Subcontractor found working in the City without a valid certificate of registration shall be subject to a $25.00 fine and shall do no further work in the City until a valid certificate of registration is acquired. Page 12 of 15 (c) A certificate of registration shall become invalid if a subcontractor's occupational license shall not have been renewed within thirty days after its expiration date. (d) Subcontractors applying for an original certificate of registration shall submit to the Building Department the following: 1. A copy of a valid Florida occupational license, unless this is for an original Edgewater occupational license. 2. Proof of proper insurance coverage as defined by Section 7-35 0 of this ordinance. 3. Subcontractors who are state registered shall show proof of their State registration. 4. A copy of a valid surety bond in the minimum amount of One Thousand Dollars ($1,000.00) payable to said City. SECTION 7-354. Penalties. Any person, firm, or corporation who shall violate any of the provisions of this oridnance, shall not be issued a building permit by the City of Edgewater so long as said violation remains unrectified. SECTION 7-355 Construction in Progress. Construction in progress at the time of passage of this ordinance and for which permits have been issued under previous ordinances shall be allowed to proceed under provisions of those previous ordinances until those specific jobs are completed or until a period of four months shall have elapsed from the date of passage of this ordinance, whichever shall occur first; if said work by owners in progress at the time of passage of this ordinance is not completed within four months from the date of passage of this ordinance, then all provisions of this ordinance shall be in force and effect upon said work, upon said owners, and upon all other parties. SECTION 3. All ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. SECTION 4. If any section, part of a section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. SECTION 5. This ordinance shall take effectimmediately upon its adoption by the City Council of the City of Edgewater, Florida, and approval as provided by law. This ordinance was introduced by Councilman Prater Page 13 of 15 V This ordinance was read on first reading and passed by a vote of the City Council of the City of Edgewater, Florida, at a regular meeting of the City Council held on thel9thday of May , 1986, and approved as provided by law. The second reading of this ordinance is to be at a regular meeting of the City Council of the City of Edgewater, Florida, to be held on the 16 th day of June 1986. ROLL CALL VOTE ON ORDINANCE NO. 86-0-11 AS FOLLOWS: FIRST READING: Mayor Councilman -Zone One ou ci man- o eFwo LfXCc.s rl� ounce man- one I hree .Z _ ouncilman-Zone Four SECOND READING: Coun ilman- One Excused Councilman -Zone Two a/TS.n Councilman-Z - onkffhree ur Liman-Zone� Page 14 of 15 This ordinance read and adopted on second reading at a regular meeting of the City Council of the City of Edgewater, Florida, and authenticated this 16th day June 1986. This ordinance r red b r C1 ney Page 15 of 15