0339 (Construction)ORDINANCE NO.
339
AN ORDINANCE DEFINING AND REGULATING THE BUSINESS OF
BUILDING CONSTRUCTION AND CONTRACTING IN THE CITY OF
OKEECHOBEE, FLORIDA; CREATING A BOARD OF EXAMINERS OF
CONTRACTORS; FIXING MEMBERSHIP AND PROVIDING POWERS
AND DUTIES OF SUCH BOARD; FIXING CERTIFICATION PRO-
CEDURES AND FEES THEREFOR; PROVIDING EXEMPTIONS; PRO-
VIDING PENALTIES; PROVIDING EFFECTIVE DATE.
BE IT ORDAINED By The Mayor and City Council of the City of
Okeechobee, Florida:
Section 1. It is hereby declared to be the public policy
of the City of Okeechobee that, in order to safeguard the life,
health, property and public welfare of its citizens, the business
of construction and home improvements is a matter affecting the
public interest, and any person engaging in the business as herein
defined should be required to establish his competency and
qualifications to be certified as herein provided.
Section 2. Definitions. As used in this Ordinance.
(1) "Contractor" means, except those herein exempted, any
person who, for compensation, undertakes 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, includinj
related improvements to real estate for others, or for resale to
others, and who is responsible for substantially the entire projec
however, a "contractor" shall subcontract the electrical, mechanic
and plumbing work for which an examination for a certificate of
competency and /or a license is required, unless such contractor
holds a certificate of competency and /or license of the respective
trade category, as required by ordinance of this city.
"Contractors" are subdivided into three categories as follows:
(a) "General contractors" are those whose services
are unlimited about the type of work which they may do as set
forth in subsection (1) above.
(b) "Building contractors" are those whose services
are limited to construction of commercial buildings and single or
or multiple dwelling residential buildings, neither to exceed
three stories in height, and accessory use structures in connectio
therewith, or those whose services are limited to remodeling,
repair, or improvement of any size building if the services do
not affect the structural members of the building.
(c) "Residential building contractors" are those
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.
(2) "Contracting" means, except as herein exempted, engaging
in business as a contractor.
(3) "Board" means the Board of Examiners of Contractors of
the City of Okeechobee.
(4) "Certification" means the act of obtaining or holding
a certificate of competency from the board.
Section 3. Certificate of Competency Required.
(1) It shall be unlawful for any person, firm or corporation
to engage in the business or act in the capacity of a contractor
within the incorporated area of the City without having made
application for and there having been issued, as set forth herein,
a current valid certificate of competency.
(2) 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.
(3) The provisions of this Ordinance shall not apply to
contractors holding a current valid certificate of competency
issued by the Florida Construction Industry Licensing Board.
Section 4. Board of Examiners of Contractors.
(1) There shall be appointed by a majority vote of the city
council, within thirty days after passage of this Ordinance, a
Board of Examiners of Contractors, consisting of five member. The
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term of office of each member shall be for four years, but the
city council may remove any member of the board without cause,
notice or hearing. Each member of the board shall serve without
compensation. The board shall consist of the building official
of the city, one engineer, two licensed contractors, and one other
member from the construction trades.
(2) The board shall elect a chairman and such other officers
as may be necessary from among its members. The board shall hold
not less than two regular meetings each year, and shall hold
special meetings as required at the call of the chairman.
(3) The board shall have the right, power and authority to
make such by -laws, rules and regulations governing its body as it
may deem necessary; provided, that the same so not conflict with
the charter and ordinances of the city or the constitution and law
of the United States and of the State of Florida. Three members
of the board shall constitute a quorum.
(4) The building official shall be the secretary of the
board. 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 thereon for each
the date of application, name, qualifications, place of business
and place of residence and whether the application was granted or
refused. Such secretary shall prepare a roster of all contractors
who shall obtain a certificate of competency and who are entitled
to a license from the city. A copy of such roster, and amendments
thereto, shall be filed by the secretary with the city clerk, and
it shall be the duty of the secretary to properly notify the city
clerk in the event of a revocation or the renewal of any certificate.
Section 5. Certification of Registered Active Contractors.
Within thirty days from the passage of this Ordinance, the
building official shall prepare a list of all contractors in the
city who are registered with the Florida Construction Industry
Licensing Board, and who have been within the last two years
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licensed in the city as a contractor, and who during the past two
years has been issued a building permit for the construction of
no less than one single - family residence. Each registrant meeting
these minimum standards shall be certified by the board, and a
certificate of competency shall be issued to such registrant
without application or testing, unless the building official
informs the board that the registrant has otherwise violated the
standards set forth in Section 468.111 Florida Statutes, or the
building code of the city, or that some other reason exists that
in the opinion of the building official is a basis for rejection.
The board shall make the final determination of whether or not
to issue a certificate of competency under this subsection.
Section 6. Certificate of Competency -- Manner of obtaining.
A:_contractor's certificate of competency shall be obtained
in the following manner:
(1) Any person or firm required or desiring to be qualified
as a contractor shall make application on a form described by the
board at the office of the building official. The application
shall be retained by the board together with all supporting papers
(2) Should applicant be a firm, the application shall be
executed by the president or one legally qualified to act for the
firm, who shall show his authority to so act on the application,
and shall name an authorized agent on behalf of the firm showing
his authority:
(a) To act for the firm in all matters in any manner
connected with the contracting business;
(b) To supervise the construction under the
occupational license issued to the firm, and
(c) To take the qualifying examination for the firm,
unless haolding a current certificate of competencey of the type
necessary.
The firm shall be qualified only through the qualificati
of such agent taking the examination, or through an agent currentl
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qualified, and if the agent (qualifier) shall sever his
affiliation with such firm, the certificate of competency held by
such firm shall be automatically cancelled.
(3) No application shall be considered unless the applicant
gives all information required on the form, which shall include:
(a) A statement of applicant's proposed contracting
business;
(b) The type of certificate being applied for;
(c) Name, residence, business address of applicant;
(d) If applicant is a firm, the name and business
address of the firm and the name, residence of all directors and
officers and their interest therein, and the name, address of the
applicant's qualified representative and information contained
above. If applicant is a corporation, the certificate of
incorporation.
(e) A sworn financial statement of the applicant, a
credit report, and an agreement authorizing the secretary of the
board to obtain from any source dealing with the applicant, even
though confidential, such additional information concerning the
applicant's financial condition as the secretary deems necessary.
(f) A sworn list of businesses owned and operated,
or managed by the applicant or in which the applicant has had an
interest of any kind during the past five years and the addresses
of these businesses.
(g) Receipt from the building official showing the
fee of $20.00 for the examination qualification of the applicant
has been paid.
(h) Three letters of recommendation from reputable
business or professional men of this city, not related by blood
or marriage to the applicant, vouching for the applicant's
reputation as to honesty, integrity and good character.
(i) A sworn statement stating under oath that the
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applicant has not been convicted of a misdemeanor involving moral
turpitude or a felony during the past five years and that he is
not presently charged with committing a felony or misdemeanor
involving moral turpitude; if this is not the case, applicant
shall specify the details of the conviction or charge.
(j) That the applicant has a practical and working
knowledge or the statutes of the State of Florida and ordinances
of the city applicable to the business in which he seeks to engage,
including, but not limited to, the zoning and building codes of
the city.
(k) That the applicant has a practical and working
knowledge of the business of contracting in which he seeks to
qualify.
Section 7.
(1) The secretary of the board shall notify the applicant of
the next regular examination, and shall notify the board of the
application prior to its next regular meeting and make such
additional investigation as may be directed by the board.
(2) The board shall prescribe the type of examination of the
applicant to show his degree of experience; his knowledge of
building, safety, health and lien laws of the county, state and
federal governments as may be applicable; and his knowledge of
rudimentary administrative principles of the contracting business
for which application is being made. The same type and form of
questions shall be given to each and all applicants for and during
any particular examination administered hereunder.
(3) The board shall not issue a certificate of competency
unless, by a majority vote of the board members present, the
board finds:
(a) That the applicant, or if applicant is a firm the
the qualifying agent, has made a passing grade on the written or
verbal examination and has the necessary experience for the type o
certificate applied for.
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(b) That the credit report and financial statement of
the applicant shows that the applicant is financially able to
engage in the contracting business for which a license is
required so that the public will be protected.
(c) That the applicant and each member of the firm
possesses a reputation of honesty, integrity and good character
and has not been convicted of a misdemeanor involving moral
turpitude or a felony in the past five years. This shall be
determined by the board from the information contained in the
letters of recommendation submitted by the applicant, and any othe
statements submitted to or obtained by the board or its
investigators. The lack of honesty, integrity or good character
may be established by confident evidence that:
1 Applicant has committed an act within the
last three years which, if committed or done by a licensed
contractor, would be grounds for suspension or revocation of the
contractor's license.
2 Applicant has committed an act within the
past three years involving dishonesty, fraud, deceit or leck of
integrity whereby the applicant has been benefited or whereby some
injury has been sustained by another.
3 Applicant has in the past five years, refuse
to pay just bills of at least five different persons or firms or
has been adjudged bankrupt.
+ 4 Applicant has been convicted of a misdemeano
involving moral turpitude or a felony during the past five years.
Section 8. Certificate of Competency; issuance; duration;
denial; reapplication; appeal..
If, upon the investigation and examination the board, in the
exercise of its reasonable discretion, shall ascertain and determin
that the applicant is a fit, proper and qualified person to engage
n the business of contracting within the city, the board shall
cause its certificate of competency to be issued to the applicant;
otherwise, the applicant shall be denied and refused. Each
certificate of competency shall remain in full force and effect
unless and until the same is revoked or suspended. If any
application shall be denied and refused, the applicant may renew
his or its application at the expiration of six months from the
date it was denied or refused, provided, however, that the board
for good cause shown may shorten such period. Should any applican
be denied a certificate of competency, the applicant may, within
twenty days from notice of such denial, appeal such denial to the
Circuit Court, but not thereafter.
Section 9. Insurance required prior to issuance of license;
requisite information; effect of cancellation of policies:
(1) Every contractor, as a prerequisite to the issuance
of a city license as a contractor, shall when actively engaged in
contracting, be required to maintain at all times with a duly
licensed casualty insurance company authorized to do business in
the State of Florida, employees' liability insurance or workmen's
compensation insurance, and public liability insurance with minimu
limits on each of not less than $10,000 for one person, $20,000
for more than one person, in any one accident, public property
damage insurance with a minimum limit of not less than $10,000
for any one accident.
(2) At the time application is made for a building permit
and before such permit can be issued, the contractor shall have on
file with the city clerk a certificate signed by a qualified agent
of the casualty insurance company stating that a policy or policie
have been issued to the licensee for: employee liability insurance
or workman's compensation insurance, public liability insurance an
public property damage insurance; the minimum limits of each;
the policy number or numbers; the name of the company; the
effective date of such policies; together with a statement and
copy of an endorcement placed on such policy or policies requiring
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thirty days' written notice by certified mail to the city clerk
if it becomes necessary to cancel the policy or policies for any
reason.
(3) In the event of a concellation of a policy or policies,
the city clerk shall immediately notify the licensee and the
secretary of the board and the licensee shall be required to
furnish a new certificate in full compliance with the terms of
this section within ten days. Failure to do so shall constitute
a violation of this section and such license shall automatically
be revoked. Such license may be reinstated by the city clerk and
the board when the licensee ahs furnished a certificate of issuance
of such insurance in compliance with this section.
Section 10. Revocation or suspension of license -- Authority;
grounds.
The board shall have the power, in addition to all other
powers provided for in this chapter, to revoke or suspend the
certificate and license of any contractor approved hereunder and
licensed by the city, who shall be guilty of any one or more of
the following acts or omissions:
(1) Fraud or deceit in obtaining his or its certificate or
license or both;
(2) Negligence, incompetency, or misconduct in the practice
of contracting within the meaning of this ordinance;
(3) Abandonment of any contract without legal excuse;
(4) Diversion of property or funds received under express
agreement; for the prosecution or completion of a specific contract,
or for a specified purposes in the prosecution or completion of any
said contract, or for diversion of perperty or funds received on
any other contract, obgligation or purpose with intent to defraud
or deceive creditors or the owners;
(5) Fraudulent departure from, or disregard of, pland or
specifications in material respect, without consent of the owner or
is duly authorized representative; or the doing of any wilful,
fraudulent act by the licensee as a contractor in consequence of
which another is substantially injured.
(6) Wilful and deliberate disregard in violation or the
ordinances of the city, including but not limited to the building,
electrical, plumbing and zoning ordinances or the city, or of
the rules and regulations of the state hotel commission;
(7) Wilfully and deliberately engaging in a type or class
of contracting for which the contractor is not certified and /or
licensed.
Section 11. Charges against licensee; notice; hearing;
appeal.
Any person may prefer charges against the holder of a
contractor's certificate and license issued pursuant to this
ordinance and other related ordinances of the city. Such charge
shall be made in writing and sworn to by the complainant and
submitted to the secretary of the board who shall immediately
notify the chairman of the receipt thereof. The secretary shall
mail a copy of such charges to the accused within fifteen days
from the receipt thereof and shall serve notice upon the accused
and upon all interested person of the date fixed for a trial of
such charges before the board. The accused shall have the right
to appear personally and by counsel at any trial and to produce
witnesses and evidence in his, its or their defense. If, after
hearing the evidence for and against the accused, the board is of
the opinion and shall determine that the accused is guilty of the
charges preferred against him, it or them, the board may suspend
or cancel the contractor's certificate and /or license. The board
may reissue a certificate or a license to any contractor whose
certificate or license has been revoked, provided three or more
members of the board vote in favor of such reissuance. Any
decision of the board may be appealed to the city council within
fifteen days of the date If the bozrd's decision; provided, however
that written notice of such appeal shall be filed with the city
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clerk within such period of time. Such appeal may be taken either
by the complainant or by the accused. The city clerk shall notify
all interested parties of the date fixed for hearing the appeal,
which date shall be not less than ten days next succeeding the
date of filing of the notice of appeal.
Section 12. If any part of this ordinance is held invalid
or inoperative, it does not affect any other part.
Section 13. This Ordinance shall take effect upon its
passage and approval by the Mayor.
PASSED AND ADOPTED this 2.3 day of June, 1970.
ATTESTED:
Wit._ et
City Clerk
y`
President, City Counci
Ju
APPROVED by me this .7,1 day of June, 1970.
Mayor
g
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