(A) Issuance. The appropriate contractors' qualifying board shall not issue a certificate of competency unless, by a majority vote of the board present, they find as follows:
(1) Where an examination for general contractor, building contractor and subbuilding contractor is combined so that all three categories are given essentially the same examination, the passing grade for general contractors shall be 75%, the passing grade for building contractors shall be 70% and the passing grade for subcontractors shall be 65%. Otherwise the passing grade for all examinations shall be 70%.
(2) The applicant, or if applicant is a firm, then the qualified representative, has made a passing grade of 70% or higher on the written or verbal examination set out in § 151.027(B).
(3) The credit report or financial statement of the applicant shows that the applicant is financially able to engage in the contracting business for which a local business tax receipt is requested so that the public will be protected.
(4) The applicant and each member of the firm possesses a reputation for honesty, integrity, good character and has not been convicted of a misdemeanor 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 other statements submitted to or obtained by such board or its investigators. The lack of honesty, integrity or good character may be established by a finding of the Board as follows:
(a) A reasonable ground to believe that the applicant has committed an act within three years last past which, if permitted or done by a licensed contractor, would be grounds for suspension or revocation of a contractor's license.
(b) A reasonable ground to believe that the applicant has committed an act within three years last past involving dishonesty, fraud, deceit or lack of integrity whereby the applicant has been benefited or whereby some injury has been sustained by another.
(c) That the applicant has, in the past five years, unreasonably disputed his obligation to pay any valid bills involving at least five different persons or firms or incidents.
(d) That the applicant has been convicted of a misdemeanor or felony during the past five years.
(5) The various contractors’ qualifying boards are directed in lieu of written or practical examination required in § 151.027(B) above to accept the certificate from any board which is in a jurisdiction which has adopted the Florida Building Code, in effect in Broward County, Florida, as revised from time to time, and having a reciprocity clause such as this, that the applicant has taken and passed satisfactorily a written examination before such board for the contracting business for which he is making application to this area of jurisdiction.
(6) The various contractors’ qualifying boards shall, upon application, issue certificates of competency, without the necessity of examination, to contractors having a local business tax receipt to do business in annexed areas who have either maintained offices or homes in, or were doing business in, annexed areas within one year prior to annexation. In such cases the appropriate qualifying board shall determine the category of certificate of competency to which the applicant is entitled, based upon evidence presented by the applicant that he/she qualifies for waiver of examination in such category under the provisions of this division. Provided, however, that all persons eligible for certificates of competency under this division must make application therefor within 90 days of the effective date of annexation. This division is only applicable to the examination requirements of the city and shall not be construed to waive any other requirements for fees, taxes, credit reports, and the like, of the city. Any and all prior actions of qualifying boards, officers or employees of the city consistent with either the prior motion of the city commission on this subject or with this division are hereby ratified and confirmed. The highest category for which a certificate of competency may be issued to an applicant under this subsection shall be for the highest category or construction actually performed by the applicant in such annexed area within such one-year period prior to annexation.
(7) The various contractors’ qualifying boards shall, upon application within the then current local business tax year, issue limited certificates of competency without the necessity of examination to contractors having a local business tax receipt to do business in such annexed areas who have either maintained offices or homes in or were doing business in, such annexed areas within one year prior to such annexation. Such limited certificates of competency shall be valid only in the particular annexed area in which the applicant was doing business within the prescribed time prior to annexation thereof. In such cases the appropriate qualifying board shall determine the category of certificate of competency to which the applicant is entitled, based upon the procedure, evidence and standards set forth in division (A)(6) herein.
(8) Painters, roof painters, roof cleaners and roof coaters shall be examined upon their knowledge of removal of fungus, preparation of subsurface, priming, waterproofing, color and competent mixing and erection and use of scaffolding. The test shall be prepared so that applicants may demonstrate a fundamental knowledge of the adhering and bending qualities of paints, varnishes and coatings to each other and to the various types of surfaces to which they may be applied, so that they provide protection from the elements to wood, metal and other surfaces against rot, rust, fungus and other dangers. No technical questions in the field of chemistry shall be propounded to the applicants and questions shall be limited to those material to the practice of the particular trade for which a license is requested.
(9) Should the appropriate examining board determine that there is nothing in the Building Code or this chapter upon which the applicant may be examined, the certificate of competency shall be issued without examination where the Board finds that the applicant has met the other requirements and qualifications of §§ 151.026 through 151.027. Nothing herein shall authorize a contractors' qualifying board to waive examination requirements in an arbitrary, capricious or discriminatory manner. Any waiver of examination must apply uniformly to all applicants in the particular specialty or trade, unless and until the building code is amended to provide material upon which such trade or specialty applicants may be examined.
(10) (a) The Building Official shall annually mail to each person holding a certificate of competency in the city a renewal of such certificate of competency (except plumbing and gas and electrical journeymen, who shall obtain their journeyman cards at the Building Department office in city hall). Such renewal certificate shall be filled out, signed and returned to the Building Official not later than the last date for timely renewal of local business tax receipt, together with the applicable local business tax, as follows:
Certificate | Fee |
Building contractors | $ 30 |
Mechanical contractors | 30 |
Electrical contractors | 30 |
Electrical journeymen | 30 |
Plumbing contractors and journeymen | 30 |
Gas contractors and journeymen | 30 |
(b) Failure to timely file such application and local business tax may be excused by the appropriate qualifying board for good cause shown, at any time within the local business tax year. Such application for renewal shall be mailed by the Building Official to the last address shown on the records of the Building Department for the certificate holder and mailing shall be completed at least 30 days prior to the end of each local business tax year. If the certificate of competency has been allowed to lapse, the applicant may be reinstated by paying the taxes accumulated from the date his/her certificate expired to the date of renewal, in addition to his/her annual renewal tax, or he/she may file a new application for certificate of competency and pay the full local business tax for processing thereof.
(‘72 Code, § 10-32)
(B) Execution; disposition. The certificate of competency shall be executed by the Chairperson and certified by the Secretary, which certification shall be in triplicate, one copy to be retained by the Board, one to be delivered to the applicant and one to be delivered to the Director of Financial Services.
(‘72 Code, § 10-33)
(Ord. O-66-22, passed - - ; Am. Ord. O-67-35, passed - - ; Am. Ord. O-70-43, passed 4-15-70; Am. Ord. O-81-49, passed 9-16-81; Am. Ord. O-2005-02, passed 3-2-05; Am. Ord. O-2007-07, passed 4-18-07)