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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1975-022This Ordinance .introduced By: Temp. 228 CITY OF TAMARAC, FLORIDA ORDINANCE NO. IR AN ORDINANCE AMENDING ORDINANCE NO. 74--30; AMENDING ARTICLE III, SECTIONS 7-12 THROUGH 7-19, INCLUSIVE, OF CHAPTER 7 OF THE TAMARAC CITY CODE; REQUIRING THE OBTAINING OF A CERTIFICATE OF COMPETENCY, AND THE FURNISHING OF A STATEMENT IN REGARD TO THE FINANCIAL ABILITY OF CONTRACTORS AND SUB- CONTRACTORS DOING CONSTRUCTION WORK IN THE CITY OF TAMARAC; REQUIRING THE OBTAINING OF A CERTIFICATE OF COMPETENCY BY JOURNEYMEN ELECTRICIANS, AND JOURNEYMEN PLUMBERS; CRE- ATING A NEW CLASSIFICATION FOR JOURNEYMEN ELECTRICIAN'S HELPERS AND JOURNEYMEN PLUMBER'S HELPERS; PROVIDING FOR THE REGIS- TRATION OF AND IDENTIFICATION OF JOURNEYMEN FLECTRICIAN'S HELPERS AND JOURNEYMEN PLUMBER'S HELPERS;PROVIDING A FEE SCHEDULE; PROVIDING FOR SUPERVISION OF JOURNEYMEN ELECTRICIAN'S HELPERS AND JOURNEYMEN PLUMBER'S HELPERS; PROVIDING A SAVINGS CLAUSE; REPEALING ALL LAWS IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tamarac, Florida, upon investigation and inquiry, and after due consider- ation considers it within the best interest of the safety, health and general welfare of the citizenry of the City of Tamarac to require a Certificate of Competency to be issued to contractors, subcontractors, journeymen electricians and journeymen plumbers doing business in the City of Tamarac, and WHEREAS, the City Council of the City of Tamarac, Florida, upon investigation and inquiry, and after due consider- ation considers it within the best interest of the citizenry of the City of Tamarac to require that contractors and subcontractors furnish a statement with regard to the financial ability and solvency of contractors and subcontractors doing construction work in the City of Tamarac, and WHEREAS, the City Council of the City of Tamarac, Florida, upon investigation and inquiry, and after due consider- ation believes it is in the best interest of the citizenry of the City of Tamarac to require the registration of journeymen electrician's helpers and journeymen plumber's helpers doing construction work in the City of Tamarac, and to provide for the issuance of an identification card to said helpers, and WHEREAS, the City Council of the City of Tamarac, Florida, upon investigation and inquiry, and after due consider- ation has determined that it is within the best interest of the citizenry of the City of Tamarac to require close supervision of the work being performed by journeymen electrician's helpers and journeymen plumber's helpers, and WHEREAS, the City Council of the City of Tamarac, Florida, believes that the proper enforcement of such require- ments is a fair and reasonable exercise of its police powers, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: Ordinance No. 74-30 of the City of Tamarac, as codified by the City of Tamarac as Article III, Sections 7-12 through 7-19, inclusive, thereof, of Chapter 7 of the Tamarac City Code, is hereby repealed. SECTION 2: Certificate of Competency Required. No person, firm or corporation engaged in the business of contracting or subcontracting, including, but not limited to, plumbing and electrical work, and no person, firm or corporation engaged in the business of contracting for plumbing and electrical work as a journeyman electrician and/or journeyman plumber, shall engage in the business of construction, alteration or other similar work, including plumbing and electrical work, in the territorial limits of the City of Tamarac, unless said person, firm or corporation is specifically excluded from the requirements hereof, without first obtaining an appropriate Certificate of Competency to perform such woriK as hereinafter provided. SECTION 3: Contractors/Sub-Contractors Certificate of Competency Application. A. All applicants for certificate of competency as a contractor or sub -contractor shall submit the following infor- mation, upon application to the Chief Building Official of the City of Tamarac: 1. A statement of applicant's proposed contract- ing business. 2. Name, residence and business address of applicant. 3. A financial statement of the applicant or a credit report showing applicant is financially able to engage in the proposed business. 4. A sworn list of all businesses owned, operated or managed by applicant or in which applicant has had an interest of any kind during the past five (5) years and the addresses of these businesses. 5. Three (3) letters of recommendation from reputable business or professional men, not related by blood or marriage to the applicant, of this county or the county of applicant's last business venture, vouching for the applicant's reputation as to honesty, integrity, and good character. 6. A sworn statement, stating under oath that the applicant has not been convicted of a misdemeanor or felony in the past five (5) years, and that he is not presently charged with committing a felony or misdemeanor. If this is not the case, applicant shall specify the details of conviction or charges. 7. Evidence of a current certificate of competency, issued to the applicant by the City of Hollywood, Fort Lauderdale, Pompano Beach, or from a Broward County examining board, or central or state certificates. 8. MINIMUM INSURANCE LIMITS Bodily Injury Liability. . . . . $50,000. One Person $100,000. For more than one person, in any one accident. Property Damage Liability. . . .$5,000. For any one accident, in- cluding any damage to the public rights - of -way or shrubbery. B. Same - Granting. If the applicant is shown to be reputable as to honesty, integrity and good character, and that the applicant is financially reputable and if the aforesaid information and evidence of certificate of competency is included the said application, then the said Chief Building Official shall grant a City of Tamarac Certificate of Competency to such contractor or sub -contractor. MIC C. Same - Denial; Appeal; Hearing. If the application for a certificate of compe- tency as aforesaid is not accepted and no certi- ficate of competency is issued, then the applicant may appeal to the City Council in writing within ten (10) days from the date of refusal of the issuance of a certificate of Competency. The said City Council shall, within ten (10) days from receipt of said written request for appeal, set a time when the applicant shall be heard and the application considered by the said City Council. and the said applicant shall be notified of said date. The City Council shall consider the applica- tion and the applicant and, after due consideration affirm the decision of the Chief Building Official or order the same certificate of competency to be issued. D. Same - Revocation of Certificates of Competency. The Chief Building Official shall have the authority to revoke a certificate of competency for any mis-use of said certificate, such as building, electrical of plumbing workmanship, quality and compliance with the South Florida Building Code. The applicant may appeal to the City Council in writing within ten (10) days from the date of revocation of said certificate. The said City Council shall within ten (10) days from the receipt of said written request for appeal, set a time when the applicant shall be heard and the application considered by the said City Council, and the said applicant shall be notified of said date. The City Council shall consider the application and the applicant and, after due consideration affirm the decision of the Chief Building Official or order the same certificate of competency to be issued. SECTION 4: Journe men Electricians and Journe men Plumbers Certificate of Competency Application. A. All applicants for a Certificate of Competency as a journeyman electrician and/or journeyman plumber shall submit the following information, upon application, to the Chief Building Official of the City of Tamarac: 1. Name, residence address and business address of applicant. 2. The nature of the work for which the application for certificate of competency is requested. 3. Three (3) letters of recommendation from reputable business or professional men, not related by blood or marriage to the applicant, residing in this county or the county of the applicant's last place -4- of residency which letter shall vouch for the applicant's reputation as to honesty, integrity and good character. 4. A sworn statement, stating under oath that the applicant has not been convicted of a misdemeanor and/or felony in the past five (5) years and that he is not presently charged with the commission of a misdemeanor and/or felony. In the event the applicant shall have been con- victed of a misdemeanor and/or felony or shall be under indictment and/or prosecution for the commisssion of a misdemeanor or felony, then and in that event the applicant shall specify the details of the conviction, prosecution and/or charges. 5. The submission of evidence of a current certificate of competency, issued to the applicant concerning the nature of the business for which the applicant is making application, which certificate of compe- tency shall have been issued by the City of Hollywood, City of Fort Lauderdale, City of Pompano Beach or by a Broward County Examining Board having jurisdic- tion over said certificates of competency. B. Same - Granting. If the applicant is shown to be reputable as to honesty, integrity and good character, and if the aforesaid information and evidence of certificate of competency with regard to the nature of work for which the application is made is included in said application, then and in that event the said Chief Building Official of the City of Tamarac shall grant a City of Tamarac Certificate of Competency to such journeyman electrician and/or journeyman plumber. C. Same - Denial; Appeal; Hearing. If the application for a certificate of competency as aforesaid is not accepted and no certificate of competency is issued, then and in that event, the applicant may appeal to the City Council of the City of Tamarac, in writing, within ten (10) days from the date of the final refusal of the issuance of a certificate of competency. The said City Council shall, within ten (10) days from the receipt of said written request for appeal, set a time, date and place when the applicant shall be heard and the application considered by the said City Council, and the said applicant shall be notified of same. The City Council shall consider the application and the applicant and, after due consideration, affirm the decision.of the Chief Building Official or order the certificate of competency to be issued. D. Same - Revocation of Certificate of Competency. The Chief Building Official of the City of Tamarac shall have the authority to revoke and nullify a certificate of competency for any misuse of said certificate, such as poor workmanship as to quality -5- and compliance with the terms and conditions of the South Florida Building Code, Broward Edition 2. The applicant may appeal to the City Council in writing within ten (10) days from the date of said revocation. The said City Council shall within ten (10) days from the receipt of said written request for appeal, set a time, date and place when the applicant shall be heard and the application considered by the said City Council, and the said applicant shall be notified of same. The City Council shall consider the application and the applicant and, after due consideration, shall affirm the decision of the Chief Building Official or order the certificate of competency to be issued. SECTION 5: Liability of Corporate Officers. It shall be the duty of all officers, directors and agents of any corporation engaged in the business of construction within the territorial limits of the City of Tamarac to see that such corporation complies with the provisions of the ordinance; and all officers, directors and/or agents of any corporation re- quired by this ordinance to be a holder of a certificate of com- petency, which shall do business without having paid the fees enclosed hereby and without having procured such certificate of competency as required hereunder, shall be subject to the penalties imposed by this ordinance upon persons, members of firms and corporations violating this ordinance. SECTION 6: Re istration of Journe men Electrician's Helpers and Journeymen Plumber's Helpers; Issuance of Identification Cards. A. In addition to those persons, firms or corporations required hereby to obtain certificates of competency pursuant to the terms and conditions of the previous sections of this ordinance, all persons engaged in employment as Electrician's Helpers and/or Plumber's Helpers shall register as such with the Chief Building Official of the City of Tamarac and shall obtain an identification card, indentifying the individual as an Electrician's Helper and/or Plumber's Helper, whichever is applicable. The registration re- quired hereby shall be made upon applications provided by the Building Department of the City of Tamarac and shall reflect the following information. 0 Me 1 1 1 1. Name and residence address of applicant. 2. Name and business address of the person, firm or corporation by whom the applicant is employed with respect to the nature of work for which the application is made. B. Same - Fee Required; Pro -ration. The application for registration and the issuance of such identification card shall require a fee to be paid to the City of Tamarac in the amount of $3.00, which fee shall be paid annually, and must be renew- ed within thirty (30) days after expiration. Otherwise the individual shall not be per- mitted to be employed within the City limits of the City of Tamarac as an Electrician's Helper and/or Plumber's Helper. C. Definition. The terms "Electrician's Helper" and "Plumber's Helper" shall mean and refer to any person working on the job in the capacity of a learner, apprentice, helper or improver who does not possess a Certificate of Competency with respect to the nature of the work being performed by said person, but who can work at the trade on a job for which a permit is required only when a licensed Journeyman Electrician and/or licensed Journeyman Plumber, whichever is applicable, or a licensed master electrician or a master plumber, whichever is applicable, is present in a super- visory role and is actually supervising all of the work performed by the Electrician's Helper and/or Plumber's Helper, whichever is applicable at the particular job site concerned. SECTION 7: Supervision of Electricians' Helpers and Plumbers' Helpers. Any and all Electricians' Helpers and Plumbers' Helpers, as hereinabove defined, working as such within the territorial limits of the City of Tamarac shall be directly supervised by an individual holding a Certificate of Competency with respect to the nature of work being performed by said Electrician's Helper and/or Plumber's Helper, whichever is applicable, and there shall be at least one certified Journeyman Electrician or Master Electrician present in a supervisory role for every five (5) electrician's helpers working at the job site and there shall be at least one certified Journeyman Plumber or Master Plumber present in a supervisory role for every five (5) plumber's helpers working at the job site. -7- 1 SECTION 8: Liability of Employer of Electrician's Helpers and Plumber's Helpers. It shall be the duty of the employer of each elec- trician's helper and/or plumber's helper, whichever is applicable, whether said employer be a person, firm or corporation, to see that such electrician's helper and/or plumber's helper, whichever is applicable, complies with the provisions of this Ordinance, and in the event said employer does allow said electrician's helper and plumber's helper, whichever is applicable, to do work within the territorial limits of the City of Tamarac without said electrician's helper and/or plumber's helper being register- ed with the City of Tamarac as hereinabove required, said employer shall be in violation of this Ordinance to the same extent as said electrician's helper and/or plumber's helper, whichever is applicable, is in violation of same. SECTION 9: Schedule of Fees. The fees established for the Certificate of Competency and/or applications for registration and identification as hereinabove required shall be in accordance with the follow- ing schedule and such fees shall be payable without proration and renewed annually: A. Plumbing Contractor and/or Sub -Contractor. . $50.00 1. Journeyman . . . . . . . . . . . . . . . . $10. 0 0 2. Renewal if made within 30 days from annual expiration of Certificate, thereafter full fee -Contractor . . . . . $15.00 Journeyman . . . . . . . . . . . . . . . . $ 3.00 3. Journeyman's Helper . . . . . . . . . . . $ 3.00 Renewal . . . . . . . . . . . . . . . . . $ 1.00 B. Electrical Contractor and/or Sub -Contractor $50.00 1. Journeyman . . . . . . . . . . . . . . . . $10 . 0 0 2. Renewal if made within 30 days from annual expiration of Certificate, thereafter full fee -Contractor. . . . . . $15.00 Journeyman. . . . . . . . . . . . . . . . $ 3.00 3. Journeyman's Helper . . . . . . . . . . . $ 3.00 Renewal . . . . . . . . . . . . . . . . . $ 1.00 C. General Contractor and/or Sub -Contractor. . .$50.00 Renewal if made within 30 days from annual expiration of Certificate, thereafter full fee$15.00 D. All other Categories and Specialties includ- ing air conditioning . . . . . . . . . . . . .$50.00 Renewal if made within 30 days from annual expiration of Certificate, thereafter full fee . . . . . . . . . . . . . . . . . . $15. 00 SECTION 10: Non -A licability to Contractors Certified Under Florida Statute, Chapter 468. No person, firm and/or corporation possessing a Certif- icate of Competency issued by the Florida Construction Industry Licensing Board, pursuant to the provisions of Florida Statute, Chapter 468, Bart II thereof, or no person, firm and/or corporation possessing a Certificate of Competency issued by the Florida Electrical Contractors Licensing Board under the provisions of Florida Statute, Chapter 468, Fart VII, thereof, shall be required to make application for a Certificate of Competency under the terms and provisions hereof; provided, however, that said person, firm and/or corporation holding such Certificate of Competency shall be required to present to the Chief Building Official of the City of Tamarac current evidence of a Certificate of Competency issued by said Florida Construction Industry Licensing Board and/or Florida Electrical Contractors Licensing Board, whichever is applicable, prior to commencing any construction work within the territorial area of the City of Tamarac. SECTION 11: Penalties. Any person, firm and/or corporation, found in violation of any provision of this Ordinance shall be fined in an amount not to exceed Two Hundred and Fifty Dollars ($250.00), or imprisonment for a term not exceeding thirty (30) days, or by both such fine and imprisonment. Each violation of any provision of this Ordinance shall be a separate offense. SECTION 12: Should any Section or provision of this Ordinance or any portion hereof, or any paragraphs, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof, other than the part declared to be invalid. SECTION 13: All ordinances or parts of ordinances in conflict herewith, are hereby repealed to the extent of such conflict. I� -1 SECTION 14: This Ordinance shall become effective sixty QW days after its final passage. 60 PASSED FIRST READING 29 rP A day of , 1975. PASSED SECOND READING CPT+G day of , 1975. PASSED THIRD READING ATTEST: CLERK I HEREBY CERTIFY that I have approved the form and correctness of this Ordinance. D 0r COUNCIL VOTE ta�!�YOr� D.10VMi O .e =91M