HomeMy WebLinkAboutOrdinance No.02-1968• REPEALEM
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ORDINANCE IJO_
All ORDINANCE PROVIDING FOR AN EBAMINATION AND
LICENSING PROGRAM FOR BUILDING CONTRACTORS, SUB AIJD SPECIALTY CONTRACTORS
IN THE CONSTRUCTION OF RESIDENTIAL AND C014M•:RCIAL
STRUCTURES WITHIN TILE CITY OF CAPE CANAVERAL;
PROVIDING FOR ISSUANCE AND SUSPENSION OF
CERTIFICATE OF COMPEfBEY; PROVIDING FOR AN
APPEAL; PROVIDING FOR CERTAIN FEES, MAKING
CERTAIN ACTS II.LEDAL AND PROVIDING PENALTIES;.
PROVIDING AN EFFECTIVE DATE.
141EREAS, Sub- section 47 of Section 1, of Article II of
Chapter 63 -1197, Special Laws of Florida 1963 provides:
" To fix and enforce standards in knowledge and and ability for all
persons engaged in the practice of any profession, trade, occupation
or business affective the public interest, including mechanics,
plumbers, pipe fitters, electricians, carpenters, masons, painters,
and other persons engaged in the construction and repair of buildings,
equipment or personal property, to license, regulate and control the
said persons, and provide for the examination and inspection of their
work, to require applications for building permits for all buildings,
and electrical, gas, or plumbing Installations, or other installations,
to be erected, altered, reconstructed or repaired and for the inspection
of the same, and to collect fees to pay the expenses of examination and
Inspection of such persons and their work." and
WHERE1Sthe City Council of the City of Cape Canaveral, Florida
has found it necessary in order to orotect the public health and safety
in the City of Cape Canaveral, Florida, that an examination and
licensing program be adopted for buildlrr, contractors, sub - contractors
and specialty contractors in the construction of residential and
commercial structures in the City of Cape Canaveral, Florida, and
W OiE!tS, the City Council of the City of Cape Canaveral, Florida
was empowered by the Legislature of the State of Florida by virtue of
Chapter 63 -1197 Special Laws of Florida 1963 to regulate the bulldina,
contractors business and those ens3aged in said business, and
14MEREAS, the City Council of the City of Cape Canaveral, Florida
desire to invoke and Implement the provisions of Chanter 63 -1197,
Special laws of Florida 1963, as above quoted, Now Therefore
DE IT ORDAINED BY 711E CITY COUNCIL OF T11F CITY OF CAPE
CANAVERAL, FORIDA, AS FOLLOWS:
SECTION 1. It shall be unlawful for any person or firm to
engage in the business, or to act in the capacity of building con-
tractor, sub- contractor or specialty contractor anywhere within the
corporate limits of the City of Cane Canaveral, Florida without
first being issued a Certificate of Competency by the Building
Official of the City of Cape Canaveral, Florida.
SECTION 2.. Upon application of the building contractor for
a Certificate of Competency Class 1 - Class 2 or Class 3, the
Building Official of the City of Cape Canaveral, Florida, shall Issue
such Certificate of Competency upon proof that the applicant possesses
a current and valid Certificate of Ccmnetency in the class requested
issued either by the State Board of Contractors Examiners or the
Board of Building Contractors Examiners of Brovard County, Florida.
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SECTION 3. Upon application of a Specialty Contractor for a
Certificate of Competency within his specialty, which application states
under oath, that such specialty contractor is qualified by at least one
year experience in his said specialty and is currently engaged in such
specialized work, the Building Official of the City of Cape Canaveral,
Florida, shall issue such Specialty Certificate of Competency.
SECTION 4.
(a)Each applicant for a Certificate or Competency either Class 1,
Class 2, Class 3 or Specialty, shall prior to the issuance of said
Certificate of Conpetency pay a Certificate fee In the amount of Five
($5.00) Dollars.
(b) The Certificate fees shall be pro-rated on quarterly basis
and shall be assessed according to the quarter in which the Certificate
Is issued.
(c) A renewal fee will be assessed all holders of Certificates
of Competency who renew their Certificates, the renewal fee will be payable
in the month of September each year for the year of renewal and will be
In the amount of Five ($5.00) Dollars.
SECTION 5.
(a) Firm: A "firm" shall include a sole proprietorship, partner-
ship, association, corporation, agency or any other type of business
organization.
(b) Building Contractor: A "building contractor" is any nerson
or firm who in arty cnapac t� undertakes, or offers to undertake, or
purports to have the capacity to undertake or accepts an order or contract
either on a fixed sin, cost plus a percentage, or a fixed fee, or any
combination thereof, or for any other type of cannensation, or submits a
bid or does himself, or by or through others, to construct, alter, repair,
add to, subtract from, Improve, move, wreck, or demolish any building or
other structure, to excavate, or ca mence any project, development or
Improvement or do any part thereof, including the erection of scaffolding,
or other structures or works in connection therewith or the Incorporation
of labor or materials therein.
(c) Subcontractor: A "subcontractor" is one who contracts with a
contractor to per oft or all of the latter's work.
(d) Snecialty Contractor: A "specialty contractor!' is a
contractor whose operat ons consist of the performance of construction
work requiring special skills and whose principal contracting business
involves the use of specialized building trades and crafts. Specialty
contractors shall be classified . as, but not limited to, one of the
following crafts:
Air Condition Paintin,
Awning Erection Paving and Sidewalks
Bridge Construction Pile Driving and Bulkheading
Cabinet and Millwork Plastering
Cement and Concrete Plumbing
Demolition Roofing
Dock Construction Roof. Waterproofing
Electrical Installation Septic Tanks
Elevators Sheet Metal
Excavating Sign Erection
Fence Erectors Steel Reinforcing and Iron
Filling and Grading Structural Steel Erection
Flooring Swimming Pools
Glazing Termite Treating
Gunite and Blasting Tile, Marble and Terrazzo
House Moving Underground Sewage Collection
Insulating and Disposal
Levee Construction Utility Line Construction
Masonry Water Control and Supply
Mechanical Installation. Well Drilling
2.
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(e) Owner-Occunier: M "owner- occupier" is any person who owns
property eit er nd v dua ]y, or ,jointly or by an estate by the entirety
with another person who resides with said owner - occupier. When the
provisions of this Ordinance provide for the issuance of a building permit
to an owner - occupier, and the title to the property upon which the buildin;
permit is issued shall be held other than individually but within the
limitations of this definition, such other person holding title together
with the owner - occupier shall Join in the application for such permit.
Ownership in this definition shall be the fee sbnnle ownership and nothing
herein contained shall require a mortgagee or other, lien holder to join
In such application.
(f) Certificate of Comoeteney Class I: A "certificate of Competency,
Class 1" Is that Instrument which, wnen ouly issued by the Building Official
to a person or firm, authorizes said person or firm as building contractor
to enrage in arty constructinn that meets with the provisions of the Southern
Standard Wilding Code, '1965 Revision, as adopted and revised by the City
Council of the City of Cape Canaveral, Florida, as the Wilding Code for the
City of Cape Canaveral, Florida.
(g) Certificate of Connetmcv Class II: A "Certificate of Competency,
Class II", is that nstrLrnent wh , w en u y ssued by the Building Official
to a person or firm, authorizes said person or firm as building contractor to
engage in any construction that ernes within the definitions and specifications
of Construction Classification Types III, IV, V and VI a^. set forth in Chapter
VI of the Southern Standard Building Code, 1965 Revision, as adopted and
revised by the City Council of the City of Cape Canaveral, Florida, as the
Building Code for the City of Cape Canaveral, Florida.
(h) Certificate of Connetenev Class III: A "Certificate of Competency,
Class III ", s that Instrument which, when duly issued by the Buildln, Official
to a person or firm, authorizes said person or firm as building contractor to
engage in any construction that canes within the definitions and specifications
of Construction Classification 'Types V and VI as act forth in Chapter VI of the
Southern Standard Building, Code, ' 1965 Revision as adopted and revised by the
City Council of the City of Cane Canaveral, Florida, as the Bulldim- Code for
the City of Cape Canaveral, Florida.
SECTION 6.
(a) It shall be unlawful for any contractor, sub- contractor or
specialty contractor as defined herein, operating anywhere within the City, to
commit any one or more of the following acts or omissions:
(1) To contract to do any work outside of the scope of operation
of a particular class of Certificate of Competency as set out
In the definition of the particular Class of Certificate of
Competency for which he Is qualified.
(2) Abandon without legal excuse a construction project or
operation in which he Is engaged or under contract as a
contractor.
(3) 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.
(4) Disregard or violate, in the performance of his
contracting business, any of the building, safety, health,
insurance or Workman's Canpensation Laws of the State of
Florida or ordinances of thin eountg. c-IT Y
(5) Misrepresent any material fact in his application and
supporting papers in obtaining a Certificate of Competency
under this Ordinance.
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(6) Fail to fulfill his [contractual obligation through
Inability to pay all creditors for material furnished or
work or services performed as a contractor holding a
Certificate of Competency pursuant to the provisions of
this Ordinance.
(7) Aid or abet aperson not holding a Certificate of
Competency to evade the provisions of this Ordinance or
allow his Certificate of Canpetency to be used by a person
not holding a Certificate of Competency, or to act as an
agent, partner, or associate of a person not holding a
Certificate of Competency with the intent to evade the
provisions of this Ordinance.
(8) No licensed contractor, sub - contractor or specialty
contractor, shall allow, under any circumstances for
monetary gain, or otherwise, the use of his license for
the Issuance of building permits for the benefit of any
unlicensed contractor, sub - contractor or specialty
contractor.
(9) Do any fraudulent act as contractor by which another
is substantially injured.
SECTION 7. The Building Official of the City of Cape Canaveral,
Florida, may make written canplalnt against any contractor, sub - contractor
or specialty contractor for ecamitting any of the prohibited acts enumerated
in Section 6 of this Ordinance. Such canplalnt shall be addressed to the
Building Contractors Board of Appeal; cite the unlawful act complained of;
facts and circumstances of such alleged violation; and recce mended
disciplanary action.
SECTION 8.
(a) There is hereby created a Building Contractors Board of Appeal
which membership of such Board shall consist of the members of the City
Council of the City of Cape Canaveral, Florida.
(b) Such Board shall have jurisdiction over all matters of
disciplanary action and Certificate of Competency of all building
contractors, sub - contractors and specialty contractors who engage In
such business within the City of Cape Canaveral, Florida. Such Board
shall have the power to hold hearings and determine If a Certificate of
Competency of any contractor, sub - contractor or specialty contractor should
be suspended for any violation of this Ordinance and to fix the length of
time for such suspension.
SECTION 9. The Building Contractors Board of Appeal, upon receipt of
such complaint shall decide if the complaint makes a prima facie showing of
a violation of this Ordinance and if so, shall take the following action:
(1) instruct the Building Official to send, by Certified Mail,
a letter to the qualified contractor to his last known address,
as shown by the Board's records, setting out the name of the
complainant, the time of the commission of the alleged offense,
and the section of this Ordinance alleged to be violated, and
notifyirr the qualified contractor to appear before the Board
at a time and place fixed, not sooner than twenty (20) days
from the mailing of the Certified Letter to show cause why his
Certificate of Competency should not be suspended or revoked.
M
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SECTIO11 10. The Administrative hearing Provided for above
shall be opened to the public.
The proceedinh- at the hearlruI shall be reaecdeesst nG
(may be transcribed at the expense of the Party?
the transcript.
(2) to technical
to evidence and witnesses. Any relevant
The hearing need not be conducted accord
if the Board finds it ca::P
:ales ce shall cannon 1¢w
evidence shells ra admitted ro er the admission of
and reliable, rdless of the existence of am
or statutory rule which mir',ht make improper
such evidence. Hearsay evidence may be used for the purpose
of supplementins or expleiniN, any direct evidence but shall
not be sufficient In itself to suppo a flndlns unless it
The rules re privilege that they are now or
would be adnlssable in civil actions . Irrelevant
shall be effecbev c°o Ze�aIn civil actions. ed.
hereafter may erecus evidence shall
and unduly rep
�3) MCh party shall have these rirhts: To call and
examine witnesses; Tb introduce exhibits; To cross- examine
opposinf. witnesses on any matter relevant to the issue even
thou9)'r that matter vies not cove rod In the direct firstinalled
To impeach any witness MZat the of which party
him to testify; and to rebut the evidence ac;ainst him.
(p) A decision shall be made by
the Board of Appeal by a
majority of the entire Board within five (5) days after the
close of the heari decision shall be one of the
ns. The
folloeins:
(A) hot ;uilty:
(B) Suspension of Certificate of Competency,
stating, time.
(5) An appeal from the decision of the Board may be made
by the Contractor, sub- contractor or specialty contractor
hteen' Judicial
County, Florida, within twenty
involved to the Circuit Court of the E
Circuit in and rot thereafter.
(20) days, of Appeal shall
SECTI0N 11. The Buildins Contractors board
voke a Contractor's, sub - contractor's or specialty
is round
suspend contractor's Certificate of Competence if after hear lrus
that the contractor:
(1) lies been adjudicated bankrupt-
(1)
Violated any of the provisions of Section 6 of this 1,
Ordinance.
SELTIOII 12. Any person, member of a firm, or firm violating any
h'
n conviction in the 0ee'ty
of this Ordinancnetlexccedi, Five ibndred ($500.00)
of the provisions punished by sixty
(60) days
JudRe's Court, for a period not exceeding s
Dollars, or by Imprisonment for in the discretion of the Court,
or by both such fine and imp
for each offense. sub - section, sentence, clause or phrase of
SEC,,1011 13. If any section, such decision
is, for any reason, held to be Portions of this Ordinance.
this Ordinance of the sit would a ssed this Chapter and
shall not affect the validity irrespective
The City Council hereby declares that St would have thereof,
one or more sections, sub - sections, sentences, clauses
each section, sub - section, ^entence, clause and phrase
of the fact that any
or phrases be declared invalid.
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SEF7CTION 14. All Ordinances or parts. of Ordinances in conflict
herewith are hereby repealed..
SECTION 15. ibis Ordinance shall take effect immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this -fin de,Y of 3ermary -1968.
ichard R. urm, tdayor
Attest:
Sty Clerkf A
Approved as to Form
City Attorney