§ 10-26. Registration, certification, etc.

(a)

Definitions. For purposes of this division, the definition of "contractor" in Florida Statutes, section 489.105(3), including subsections thereof, shall apply. In addition, the definitions contained in subsections (a)(1) through (13) of this section shall apply. In the event of any question regarding particular types of work, the common practice in the industry shall control.

(1)

Sign installation contractor means a contractor whose services are limited to the installation, repairing, altering, adding to, or changing of any electrical wires, apparatus, raceways, conduit, or any part thereof on electrical signs. A sign installation contractor may connect to an existing sign circuit and may contract for and take out building permits for the erection of signs.

(2)

Tile contractor means a contractor whose services are limited to the mixing, preparation, and finishing of terrazzo, preparation of the base, set tile, and marble.

(3)

Insulation and acoustical installation contractor means a contractor whose services are limited to the installation, maintenance, repair, alteration, or extension of any insulation primarily installed to prevent loss or gain of heat from rooms or buildings or from internal or external sources in pipes, vessels, ducts, or built-up refrigerated boxes or rooms, or acoustical materials.

(4)

Concrete contractor means a contractor whose services are limited to the batching and mixing of aggregates, cement, and water to agreed specifications, construction of forms and framework for the casting and shaping of concrete to place miscellaneous imbedded steel, the pouring, placement and finishing of concrete.

(5)

Masonry contractor means a contractor whose services are limited to the selection, cutting and laying of brick, concrete block or any other unit of masonry products, rough cut and dressing stone, precast blocks, structural glass, brick, or block, and the pouring and finishing of concrete where same is an integral part of the masonry work.

(6)

Carpentry contractor means a contractor whose services are limited to any decorative type of wood work both inside and outside of a structure, and the installation of any wood products for the framing of the inside or outside of any building.

(7)

Lathing and drywall contractor means a contractor whose services are limited to the application and affixing of gypsum on metal lath or any other product prepared or manufactured to provide key or suction bases for the support of plaster coatings, to provide hangers, channels, and other mechanical suspension work and acoustical tile, and other prefabricated ceiling material, in such a manner that, under an agreed specification, acceptable lathing can be executed and installed, including the final ironwork for the support of metal or other fire-resistant lath on walls, ceilings, or soffits, or for solid plaster partitions. This category shall not include any plaster work.

(8)

Stucco or plastering contractor means a contractor whose services are limited to the coating of surfaces with a mixture of sand and/or other aggregate gypsum plaster, Portland cement, or quicklime and water, or any combination of such material as to create a permanent surface coating. A contractor engaging in such services may perform the work of the lathing contractor.

(9)

Aluminum contractor means a contractor whose services are limited to installation and erection of aluminum carports, utility rooms, screen rooms, pool enclosures, vinyl rooms, soffit and siding, and other aluminum installation. Aluminum contractors are not authorized to perform electrical, mechanical, plumbing or roofing work (except for aluminum roofs) and shall subcontract all such work. Aluminum contractor is divided into two (2) classes as follows:

a.

Class "A" is authorized to perform foundation and slab work incidental to the construction being performed.

b.

Class "B" is not authorized to perform foundation and slab work incidental to the construction being performed.

(10)

Solar heater installation contractor means a contractor who has the knowledge to install, alter, repair or replace any solar hot water heating system of residences or for swimming pools, including collectors, storage and expansion tanks, heat exchangers, piping, valves, pumps, sensors, low voltage controls which connect to existing plumbing and electrical stub-outs.

(11)

Building moving contractor. A contractor whose services are limited to the transporting of a building to a new location, installing a foundation for said building and placing said building on a new foundation.

(12)

Prefabricated shed contractor. A contractor whose services are limited to the installation of prefabricated sheds.

(13)

Underground utility and excavation contractor. A contractor whose services are limited to the construction, installation, and repair, on public or private property, of main sanitary sewer collection systems, main water distribution systems, storm sewer collection systems, and the continuation of utility lines from the main systems to a point of termination up to and including the meter location for the individual occupancy, sewer collection systems at property line on residential or single-occupancy commercial properties, or on multioccupancy properties at manhole or wye lateral extended to an invert elevation as engineered to accommodate future building sewers, water distribution systems, or storm sewer collection systems at storm sewer structures. An underground utility and excavation contractor shall not install any piping that is an integral part of a fire protection system as defined in Section 633.021(7), F.S. beginning at the point where the piping is used exclusively for such system.

(b)

Contractor registration. Every contractor doing business in Marion County shall register with the county building official and demonstrate competency in accordance with the provisions of this section.

(1)

If a contractor proposes to engage in business as a partnership, corporation, business trust, or other legal entity, the contractor shall register with the building official the name of the partnership and its partners, or the name of the corporation and its officers and directors, or the name of the business trust and its members, and furnish evidence of statutory compliance if a fictitious name is used. Such registration shall show that the contractor is legally qualified to act for the business organization in all matters connected with its contracting business; and that he will be responsible for supervision of all construction undertaken by such business organization. At least one principal member of the business organization shall be qualified as a contractor in the trade in which the organization engages in order for the business organization to be registered with Marion County. A person qualifying an organization may not simultaneously qualify another organization. If the qualified member of the business ceases to be affiliated with such business organization, he shall inform the building official within thirty (30) days thereafter, and the business organization shall have a period of sixty (60) days from the date of termination within which the business organization will be permitted to continue work on all jobs under construction.

Should any information on file with the building official change or become incorrect, the contractor shall promptly notify the building official. It is the intent of this section that the burden be placed upon each contractor to keep the information on file with the building official complete, accurate and up-to-date. Failure to do so may result in suspension of work in progress by the building official until the correct information is provided.

(2)

A contractor may demonstrate competency by either:

a.

Presenting a current and valid certification of competency from the State of Florida; or

b.

Meeting the requirements of subsection (c) of this section; or

c.

Meeting the requirements of subsection (d) of this section.

(3)

No Marion County occupational license shall be issued or renewed except upon proof of a current, valid certificate of competency. The county building official is authorized to remove any contractor from the list of registered contractors and to halt work by such contractor should the contractor fail to possess a current, valid occupational license to operate in Marion County.

(c)

Examination and certification of contractors.

(1)

All persons desiring to engage in the business of and to enter into contracts to perform work as a general, building, residential building, sheet metal, solar heater installation, mechanical, roofing, electrical, plumbing, aluminum, sign installation, tile, insulation and acoustical installation, concrete, masonry, carpentry, lathing and drywall, residential pool or commercial pool stucco and plastering, building moving, prefabricated shed, or underground utility and excavation contractor are required to establish their competency pursuant to Chapter 489, Florida Statutes, by successfully passing an examination administered by a testing agency approved by the county. A score of seventy-five (75) percent is the minimum passing grade.

(2)

Any person who desires to take the examination shall apply in writing to the building department. The application shall be submitted to the licensing review board (LRB). The applicant shall be entitled to take the examination when the LRB, upon review of the application, determines that the applicant:

a.

Is eighteen (18) years of age; and

b.

Is of good moral character; and

c.

Meets all other eligibility requirements.

(3)

The LRB may refuse to certify an applicant for failure to satisfy the requirement of good moral character only if:

a.

There is a substantial connection between the lack of good moral character of the applicant and the professional responsibilities of a certified contractor; and

b.

The finding by the board of lack of good moral character is supported by clear and convincing evidence;

c.

When an applicant is found to be unqualified for a certificate because of a lack of good moral character, the board shall furnish the applicant a statement containing the findings of the board, a complete record of the evidence upon which the determination was based, and a notice of the rights of the applicant to a rehearing and appeal.

(4)

A certificate of competency in the trade tested shall be issued upon passing the competency examination, payment of a fee established by resolution of the board of county commissioners, and proof of insurance as specified in this section. Certificates must be renewed upon payment of a fee established by resolution of the board of county commissioners. Effective May 1, 1994, the building official shall renew one-half of the certificates for one year and one-half for two (2) years. Each certificate shall be renewed every other year thereafter.

(5)

The county building director is authorized to issue letters advising other jurisdictions of the classes of competency that a contractor possesses, upon payment of a fee established by resolution of the board of county commissioners.

(6)

The applicant must show proof of insurance showing liability coverages in the minimum amount of fifty thousand dollars ($50,000.00) per occurrence for property damage and one hundred thousand dollars ($100,000.00) per occurrence for personal injury. The applicant must show proof of Worker's Compensation insurance or present a valid BCM 204 exemption form. The insurance certificate must show Marion County as the certificate holder and must contain the licensee's name, a DBA if applicable and the licensee's Marion County competency card number or the state certified contractor number.

(7)

Placing certificate on inactive status.

a.

A contractor may request that his certificate be placed in an inactive status by making application to the building official and paying a fee established by resolution of the board of county commissioners.

b.

A certificate which has been inactive for less than one year may be renewed upon payment of the renewal fee established by resolution of the board of county commissioners, plus a late renewal.

c.

A certificate which is delinquent, or has been inactive for more than one year may be reactivated upon application to the building official and payment of the applicable fee established by resolution of the board of county commissioners. The contractor shall demonstrate compliance with continuing education requirements as a condition of reactivating a certificate. The continuing education requirements for reactivating a certificate shall be twelve (12) classroom hours for each year the certificate was inactive and in no event shall exceed one hundred twenty (120) classroom hours for all years in which the certificate was inactive. Any certificate which is inactive for more than ten (10) years shall be automatically suspended. One year prior to the suspension, the building official shall give notice to the contractor.

(d)

Reserved.

(e)

Hiring unregistered contractors. No contractor shall hire, use, or otherwise employ any contractor required to be registered hereunder who is not registered in accordance with section 10-26(b). Violation of this section may result in the building official stopping work on the project and may subject the violator to suspension or revocation proceedings before the construction board of adjustment and appeals.

(f)

Journeyman; plumber, electrician.

(1)

For purposes of this section the following definitions of journeyman shall apply. In the event of any questions regarding particular types of work, the common practice in the industry shall prevail.

a.

Journeyman plumber means any person who possesses the necessary qualifications, training and technical knowledge to install plumbing, plumbing equipment and incidental apparatus relating to the conveyance of water, wastewater, gasses and liquids, under the supervision of a licensed master plumber.

b.

Residential journeyman plumber means any person who possesses the necessary qualifications, training and technical knowledge to install plumbing, plumbing equipment and incidental apparatus relating to the conveyance of water, wastewater, gasses and liquids, in residential dwellings under three (3) stories in height with no more than four (4) dwelling units, under the supervision of a licensed master plumber.

c.

Journeyman electrician means any person who possesses the necessary qualifications, training and technical knowledge to install electrical wiring, apparatus or equipment for light, heat or power, under the supervision of a licensed master electrician.

d.

Residential journeyman electrician means any person who possesses the necessary qualifications, training and technical knowledge to install electrical wiring, apparatus or equipment for light, heat or power in residential dwellings under three (3) stories in height with no more than four (4) dwelling units, under the supervision of a licensed master electrician.

(2)

Examination and certification. Certificates of competency for a journeyman plumber, residential journeyman plumber, journeyman electrician or residential journeyman electrician shall be issued to any person who has:

a.

Taken and passed an examination administered by a testing agency approved by the county. A score of seventy-five (75) percent is the minimum passing grade; and

b.

Submitted satisfactory evidence that they have had a minimum of four (4) years experience in the field for which certification is being sought. Four (4) years' experience shall be experience gained through working as an apprentice or helper in the appropriate trade for four (4) years; or three (3) years of education in a recognized accredited college or vocational school plus one year of manual experience in the applicable trade. Applicants for residential journeyman plumber or residential journeyman electrician shall submit satisfactory evidence that they have had a minimum of two (2) years' experience or education. Two (2) years' experience shall be experience gained through working as an apprentice or helper in that trade for two (2) years, or one year of education in a recognized accredited college or vocational school plus one year of manual experience in the trade.

1.

Examination for master electrician and master plumber may be taken only by a journeyman electrician or journeyman plumber who can provide satisfactory evidence that he has successfully passed an examination for journeyman electrician or journeyman plumber and has worked in the trade as a licensed journeyman for a minimum of two (2) years.

2.

In the absence of a licensed contractor, a journeyman in the appropriate trade shall be present at all times while work is being performed.

3.

The board of county commissioners may establish, by resolution, fees for application, issuance and renewal of certificates of competency.

(Ord. No. 75-2, §§ 1, 2, 3-4-75; Ord. No. 75-7, § 1, 11-4-75; Ord. No. 77-1, § 1, 1-25-77; Ord. No. 78-6, § 1, 1-24-78; Ord. No. 87-18, §§ 1—5, 6-23-87; Ord. No. 87-34, §§ 2—4, 10-13-87; Ord. No. 88-11, § 1, 3-8-88; Ord. No. 89-5, § 1, 2-14-89; Ord. No. 89-16, §§ 1, 2, 5-23-89; Ord. No. 89-25, § 1, 8-30-89; Ord. No. 92-20, § 1, 6-9-92; Ord. No. 92-28, §§ 1—13, 7-21-92; Ord. No. 93-39, § 1, 11-2-93; Ord. No. 94-13, §§ 1—3, 4-19-94)

Editor's note

Formerly, provisions pertaining to contractors; registration, certification and related regulations had been set out as § 10-18, and as such were inadvertently deleted. Such provisions, as amended, have been restored and redesignated as § 10-26 for purposes of classification.