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.
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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
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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
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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.
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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.
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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.
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SECTION 14: This Ordinance shall become effective
sixty QW days after its final passage.
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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
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