Chapter 342 - CONSTRUCTION TRADES REGULATIONS

Subtitle E - CONSTRUCTION TRADES REGULATIONS Subtitle F - GAS CODE Chapter 342 - CONSTRUCTION TRADES REGULATIONS[1]

Footnotes: --- (1) ---

Cross reference— Construction trades qualifying board, Ch. 62.

State Law reference— Examinations exempted from public inspection, F.S. § 119.07(3)(a); construction contracting, F.S. Ch. 489; reports of certified and registered contractors to local licensing boards, F.S. § 489.123.

State rule references—Organization and purpose [Construction Industry Licensing Board], F.A.C. Ch. 21E-12; rulemaking, declaratory statements, and procedures for presentation of arguments or evidence [Construction Industry Licensing Board], F.A.C. Ch. 21E-13; meetings and workshops [Construction Industry Licensing Board], F.A.C. Ch. 21E-14; certification and registration [Construction Industry Licensing Board], F.A.C. Ch. 21E-15; examinations [Construction Industry Licensing Board], F.A.C. Ch. 21E-16; organization, purpose, meetings, probable cause panel, procedures [Electrical Contractors' Licensing Board], F.A.C. Ch. 21GG-4; application for certification [Electrical Contractors' Licensing Board], F.A.C. Ch. 21GG-5; examinations [Electrical Contractors' Licensing Board], F.A.C. Ch. 21GG-6; specialty electrical contractors [Electrical Contractors' Licensing Board], F.A.C. Ch. 21GG-7; fees [Electrical Contractors' Licensing Board], F.A.C. Ch. 21G-8; continuing education [Electrical Contractors' Licensing Board], F.A.C. Ch. 21GG-9.

Sec. 342.101. - Purpose of Chapter and area of enforcement.

(a)

In order to protect the public health, safety and welfare, it is declared necessary to establish regulations to assure that persons engaged in the contracting for and performance of certain trades, construction, equipping and installations of, in, and around buildings, structures and property, are competent to perform their work and possess the experience, education, skill and financial capability to adequately produce construction, equipment and installations which are safe to persons and property.

(b)

The Council is acting herein and in Chapter 62 (Construction Trades Qualifying Board) hereof as the governing body for Duval County, Florida, and this Part and Chapter 62 (Construction Trades Qualifying Board) hereof shall be effective within the boundaries of Duval County, Florida, except where in conflict with an ordinance of a municipality within Duval County.

(Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 13; Ord. 90-780-332, § 1; Ord. 94-194-123, § 1)

Note— Former § 950.101.

Sec. 342.102. - Scope.

This Chapter includes the work of craftsmen and contractors as provided in Section 342.110 on private and public property, except:

(a)

Contractors in work on bridges, roads, streets, highways, or railroads, and services incidental thereto.

(b)

Any employee of a certificateholder or registrant who is acting within the scope of the license held by that certificateholder or registrant and with the knowledge and permission of the licenseholder. However:

(1)

If the employer is not a certificateholder or registrant in that type of contracting, and the employee performs any of the following, the employee is not exempt:

(i)

Holds himself or herself or his or her employer out to be licensed or qualified by a licensee;

(ii)

Leads the consumer to believe that the employee has an ownership or management interest in the company; or

(iii)

Performs any of the acts which constitute contracting.

(2)

The legislative intent of this subsection is to place equal responsibility on the unlicensed business and its employees for the protection of the consumers in contracting transactions.

For the purpose of this Chapter, "employee" is defined as a person who receives compensation from and is under the supervision and control of an employer who regularly deducts the F.I.C.A. and withholding tax and provides workers' compensation, all as prescribed by law.

(c)

An authorized employee of the United States, this State, or any municipality, County, irrigation district, reclamation district, or any other municipal or political subdivision, except school boards, the Board of Regents, and community colleges, unless for the purpose of performing routine maintenance or repair or construction not exceeding $200,000 to existing installations, if the employee does not hold himself or herself out for hire or otherwise engage in contracting except in accordance with his or her employment.

(d)

An officer appointed by a court when he or she is acting within the scope of his or her office as defined by law or court order. When construction projects which were not underway at the time of appointment of the officer are undertaken, the officer shall employ or contract with a licensee.

(e)

Public utilities, including special gas districts as defined in F.S. Ch. 189, telecommunications companies as defined in F.S. § 364.02(12), and natural gas transmission companies as defined in F.S. § 368.103(4), on construction, maintenance, and development work performed by their employees, which work, including, but not limited to, work on bridges, roads, streets, highways, or railroads, is incidental to their business.

(f)

The sale or installation of any finished products, materials, or articles of merchandise that are not fabricated into and do not become a permanent fixed part of the structure, such as awnings. However, this subsection does not exempt in-ground spas and swimming pools that involve excavation, plumbing, chemicals, or wiring of any appliance without a factory-installed electrical cord and plug. This subsection does not limit the exemptions provided in subsection (g) of this Section.

(g)

Owners of property when acting as their own contractor and providing direct, onsite supervision themselves of all work not performed by licensed contractors, when building or improving farm outbuildings or one-family or two-family residences on such property for the occupancy or use of such owners and not offered for sale or lease, or building or improving commercial buildings, at a cost not to exceed $25,000, on such property for the occupancy or use of such owners and not offered for sale or lease. In an action brought under this Chapter, proof of the sale or lease, or offering for sale or lease, of any such structure by the owner-builder within one year after completion of same creates a presumption that the construction was undertaken for purposes of sale or lease. This subsection does not exempt any person who is employed by or has a contract with such owner and who acts in the capacity of a contractor. The owner may not delegate the owner's responsibility to directly supervise all work to any other person unless that person is registered or certified under this Chapter and the work being performed is within the scope of that person's license. For the purposes of this subsection, the term "owners of property" includes the owner of a mobile home situated on a leased lot. To qualify for exemption under this subsection, an owner must personally appear and sign the building permit application.

(h)

Any construction, alteration, improvement, or repair carried on within the limits of any site the title to which is in the United States or with respect to which federal law supersedes this Chapter.

(i)

Any work or operation of a casual, minor, or inconsequential nature in which the aggregate contract price for labor, materials, and all other items is less than $1,000, but this exemption does not apply:

(1)

If the construction, repair, remodeling, or improvement is a part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made in contracts of amounts less than $1,000 for the purpose of evading this Chapter or otherwise.

(2)

To a person who advertises that he or she is a contractor or otherwise represents that he or she is qualified to engage in contracting.

(j)

Any construction or operation incidental to the construction or repair of irrigation and drainage ditches; regularly constituted irrigation districts or reclamation districts; or clearing or other work on the land in rural districts for fire prevention purposes or otherwise except when performed by a licensee.

(k)

A registered architect or engineer acting within the scope of his or her practice or any person exempted by the law regulating architects and engineers, including persons doing design work as specified in F.S. § 481.229(1)(b); provided, however, that an architect or engineer shall not act as a contractor unless properly licensed under this Chapter.

(l)

Any person who only furnishes materials or supplies without fabricating them into, or consuming them in the performance of, the work of the contractor.

(m)

Any person who is licensed pursuant to F.S. Ch. 527 when such person is performing the work authorized by such license.

(n)

Any person who sells, services, or installs heating or air-conditioning units which have a capacity no greater than three tons or 36,000 Btu, which have no ducts, and which have a factory-installed electrical cord and plug.

(o)

The installation and maintenance of water conditioning units for domestic, commercial, or industrial purposes by operators of water conditioning services.

(p)

An architect or landscape architect licensed pursuant to F.S. Ch. 481 or an engineer licensed pursuant to F.S. Ch. 471 who offers or renders design-build services which may require the services of a contractor certified or registered pursuant to the provisions of this Chapter, as long as the contractor services to be performed under the terms of the design-build contract are offered and rendered by a certified or registered general contractor in accordance with this Chapter.

(q)

Contracting for repair, maintenance, remodeling, or improvement by any person licensed under F.S. Ch. 475, Pt. I while acting as the owner's agent pursuant to that license, where all work requiring a contractor is performed by a contractor who has a current, valid certificate or registration issued under this Part to perform such work, and where the aggregate contract for labor, materials, and all other items is less than $5,000; however, this exemption does not apply:

(1)

If the maintenance, repair, remodeling, or improvement is a part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made in contracts of amounts less than $5,000 for the purpose of evading this Part or otherwise.

(2)

To a person who advertises that he or she is qualified to engage in contracting.

(r)

Any one-family, two-family, or three-family residence constructed by Habitat for Humanity International, Inc., or its local affiliates. Habitat for Humanity International, Inc., or its local affiliates, must:

(1)

Obtain all necessary building permits.

(2)

Obtain all required building inspections.

(3)

Provide for supervision of all work by an individual with construction experience.

(s)

The sale, delivery, assembly, or tie-down of prefabricated portable sheds that are not more than 250 square feet in interior size and are not intended for use as a residence or as living quarters. This exemption may not be construed to interfere with local building codes, local licensure requirements, or other local ordinance provisions.

(t)

Work performed by contractors in the various construction trades who do not hold a contractor certificate issued by the Board and who are certified or registered as provided by F.S. Ch. 489, Pts. I or II, except as provided in Sections 342.109 and 342.121.

(Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 75-413-270, § 1; Ord. 80-745-395, § 1; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 13; Ord. 86-775-424, § 1)

Note— Former § 950.102.

Sec. 342.103. - Definitions.

In this Chapter:

(a)

Apprentice or helper means a person employed in a trade or craft specified in Section 342.110 for the purpose of learning that trade or craft through practical experience under the direction and supervision of certified master or journeyman craftsmen, or other such forms of proven practical experience as approved by the Board.

(b)

Board means the Construction Trades Qualifying Board.

(c)

Contractor means a person who engages in business, under express or implied contract, in the performance of those construction trades specifically included in Section 342.110, who undertakes, offers to undertake or purports to have the capacity to undertake or who submits a bid to or does, himself or by or through others, engage in the business of doing the construction trade. Neither a person who only furnishes material, supplies or equipment without consuming them in the performance of the work of a contractor nor a person who engages in the activities herein regulated as an employee with wages as his sole compensation is a contractor.

(d)

Contractor certificate means a certificate of competency issued by the Board which certifies that its holder has met this Chapter's and the Board's requirement to engage in business as a contractor in the category indicated on the certificate. A contractor certificate is not an occupational license.

(e)

Craftsman certificate means a certificate of competency issued by the Board which certifies that its holder has met this Chapter's and the Board's requirements and is competent to perform the trade or craft indicated on the certificate. A craftsman certificate does not qualify the holder to engage in business as a contractor.

(f)

Journeyman craftsman means a person who has been examined by the Board and found to have the required skill, knowledge and experience to do the work in the performance of a particular trade or craft and who holds a current valid journeyman craftsman certificate issued by the Board.

(g)

Maintenance craftsman means a person holding a valid certificate as a journeyman or master craftsman who is employed full time for the purpose of maintaining and making minor repairs to systems, apparatus and equipment, provided the work is limited to the premises at one location or one address owned or occupied by his employer. Premise is defined a single building, or a cluster of buildings such as a facility or complex within a defined geographical area. One address is defined as the address of a single building or the rental or business office address of a cluster of buildings within a defined geographical area. For the purpose of this Section, maintenance and minor repairs shall mean maintaining or replacing existing apparatus, equipment, electrical components or wiring; but shall not include adding any additional apparatus, equipment, electrical component or wiring.

(h)

Master craftsman means a person who has been examined by the Board and found to have the required skill, knowledge and experience to plan, lay out, supervise and do the work of a particular trade or craft and who holds a current valid master craftsman certificate issued by the Board.

(i)

Qualifying agent means a person who holds a current master craftsman certificate issued by the Board and possesses the requisite skill, knowledge and experience, and has the responsibility, to supervise, direct, manage and control the contracting activities of the business entity for whom he is a qualifying agent with which he is connected; who has the responsibility to supervise, direct, manage and control construction activities on a job for which he has obtained the permit; and whose technical and personal qualifications have been determined by investigation and examination as provided in this Chapter, as attested by the Board. However, an applicant for a contractor's certificate of competency as a general, building or residential contractor, a commercial, residential or swimming pool/spa servicing contractor, a pool specialty subcontractor, a roofing contractor, a sheet metal contractor, carpentry subcontractor, or irrigation contractor, need not hold a master certificate of competency in those categories, but will be considered as the qualifying agent for the respective contracting entity and is subject to all the rules and regulations applicable to all qualifying agents, unless specifically exempted.

(j)

Trade and craft means occupations in the construction field which require skill, knowledge, manual ability and experience to perform and include only those specific occupations provided in Section 342.110.

(k)

Servicemen craftsman means a person who has been examined by the Board and found to have the required skill, knowledge and experience to do the work in the performance of a particular trade or craft and who holds a current valid serviceman certificate issued by the Board.

(l)

Installer craftsman means a person who has been examined by the Board and found to have the required skill, knowledge and experience to do the work in the performance of a particular trade or craft and who holds a current valid installer certificate issued by the Board.

(m)

Specialty subcontractor means a person who specializes in one of the specialty trades specifically included in Section 342.110, and whose scope of work is so limited under that certificate of competency as issued by the Board and who undertakes, offers to undertake or purports to have the capacity to undertake or who submits a bid to or does, himself or by or through others, engages in the business of doing the specialty subcontracting and who engages in business under express or implied contract. Such specialty subcontractors shall only subcontract with a qualified contractor or other permit holder.

(n)

Specialty contractor means a person not registered with the State, who specializes in one of the specialty trades specifically included in Section 342.110, and whose scope of work is so limited under that certificate of competency as issued by the Board and who undertakes, offers to undertake or purports to have the capacity to undertake or who submits a bid to or does, himself or by or through others, engages in the business of doing the specialty contracting and who engages in business under express or implied contract. Such specialty contractors must comply with all permitting requirements.

(o)

Certificate of registration means a certificate issued by the Board which certifies that its holder has met the State of Florida's, this Chapter's and the Board's requirements, and has registered with the Board their active and valid journeyman Certificate of Competency which was issued by another jurisdiction. A Certificate of Registration is not a Certificate of Competency, as competency has already been established by the issuing jurisdiction, but a registering of such certificate. A Certificate of Registration is valid in Duval County only as long as the Certificate of Competency remains active and valid in the originating jurisdiction and all renewal fees are paid.

(p)

Minor maintenance means those repairs done at no additional cost by a lawn care entity, while performing other additional tasks.

(q)

Misconduct which constitutes grounds for revocation, suspension or discipline of a license or certificate of competency subject to this Chapter 342 is a satisfactory showing that a licensee subject to this Chapter 342 has had a license/certificate or other authorization to practice in a construction related field denied, canceled, revoked, suspended, or disciplined in another jurisdiction within ten years from the date of any disciplinary action or licensure pursuant to this Chapter.

(r)

Property maintenance craftsman means a person holding a valid certificate and who is employed full time by a single employer, owner or the owner's agent having the proper license under F.S. Ch. 475, for the purposes of performing limited work as defined in subsections (r)(1), (r)(2) and (r)(3) hereof. The scope of work of the property maintenance craftsman shall be limited to the following:

(1)

Electrical work limited to the repair or replacement of the following existing residential items: switches, receptacles, dishwashers, garbage disposals, range hoods, ceiling fans, exhaust fans, washing machines, electric clothes dryers, trash compactors, microwaves, (new wiring or the extension of an existing circuit is prohibited and no work is allowed to be done inside an electrical panel, specifically changing breakers), low voltage wiring under 77 volts, and repair only of the following items: electric ranges, electric wall ovens and electric wall heaters, all contained and used upon the premises of multifamily property owned by the person, firm, corporation or other business entity which employs the property maintenance craftsman, or multifamily rental property owned by the property maintenance craftsman.

(2)

Plumbing work limited to the replacement and repairs of the following existing items: electric water heater elements (no more than two per unit per job) (work on gas water heaters is prohibited), sinks and faucets up to the stops, excluding tub or shower valves, shut off valves and fixture stops no greater than ½ inch, toilets and all associated interior components and flush valves, leaks on interior lines, (can use a repair clamp, but cannot cut into water lines) dishwashers, garbage disposals, clearing of stoppages to the exterior clean out, all contained and used upon the multifamily rental property owned, occupied or otherwise controlled by the person, firm, corporation or other business entity which employs the property maintenance craftsman, or the premises of a multifamily rental property owned by the property maintenance craftsman.

(3)

HVAC work limited to the repair or replacement of the following existing items: air conditioning drain lines, thermostats, fan motors range hoods, filters, cleaning of coils and the charging of refrigerant lines all contained upon the premises of the multifamily property owned, occupied or otherwise controlled by the person, firm, corporation or other entity which employs the property maintenance craftsman or the multifamily rental property owned by the property maintenance craftsman. All property maintenance craftsmen must pass the air conditioning component on the PMC exam before they are permitted to charge a refrigerant line.

(Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 74-275-118, § 1; Ord. 81-98-403, § 1; Ord. 83-591-400, § 1; Ord. 84-1240-655, § 1; Ord. 85-1201-663, § 13; Ord. 87-352-168, § 1; Ord. 90-1159-567, § 1; Ord. 91-1153-467, § 1; Ord. 93-723-755, § 1; Ord. 93-1691-1043, § 1; Ord. 94-194-123, § 2; Ord. 96-507-287, § 1; Ord. 97-809-E, § 1; Ord. 1999-10-E, § 1; Ord. 2000-54-E, § 1; Ord. 2001-35-E, § 1; Ord. 2001-732-E, § 1; Ord. 2002-1040-E, § 1)

Note— Former § 950.103.

Sec. 342.104. - Contractor certificate required to engage in business.

(a)

It is unlawful for a person to engage within the City in the business or act in the capacity of a contractor as provided in Section 342.110 or F.S. Ch. 489, without a valid contractor certificate as provided in this Chapter or F.S. Ch. 489.

(b)

A person who bids or proffers a bid to the City on a public works project within the scope of this Chapter shall, at the time the bid or proffer of bid is made, hold a valid contractor certificate issued by the Board qualifying him to perform the work proposed by the bid and contract documents.

(Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 13; Ord. 96-575-332, § 6)

Note— Former § 950.104.

Sec. 342.105. - Contractor certificate.

A contractor certificate may be obtained in the following manner:

(a)

The applicant shall apply on a form prescribed by the Board. The Board shall retain the application and supporting papers as a permanent record as long as the certificate issued thereon is valid and then in accordance with the records retention requirements of Part 2, Chapter 124.

(b)

The application shall include:

(1)

The name, address and master craftsman certificate number of the qualifying agent together with a notarized statement that the qualifying agent is legally qualified to act for the business organization in all matters connected with its contracting business and that he has authority to supervise work undertaken by the business organization.

(2)

If the applicant is:

(i)

A corporation, the name and address of the officers of the corporation and a certified copy of the certificate of incorporation.

(ii)

A sole proprietorship or partnership, the name and address of the proprietor or partners.

(3)

Information showing the financial responsibility, credit and business reputation of the applicant as required by the State Department of Business and Professional Regulation including disclosure of the participation of a qualifying agent, principals, partners, officers or directors in a bankruptcy proceeding; a comprehensive financial statement; and a credit report on the applicant and the qualifying agent.

(4)

A receipt from the Tax Collector evidencing payment of an application fee (which is not refundable) as found in www.coj.net/fees.

(5)

If true, a sworn statement that neither the applicant nor any of its members, if a partnership, or any of its officers and directors, if a corporation, nor a qualifying agent:

(i)

Has been convicted of a felony during the past five years.

(ii)

Is, at the time of the application, charged with committing a felony.

(6)

If the statement required in subsection (b)(5) of this Section cannot be made, a full statement of the facts and circumstances of the conviction or charges which prevent the applicant from making the statement.

(7)

Evidence of compliance with insurance requirements established by the State Department of Business and Professional Regulation for the trade or craft in which the certificate holder will engage.

(8)

A summary of the education, training and experience in the construction trades of each principal and qualifying agent, including the identification and status of other construction licenses or certificates held by the applicant.

(9)

Evidence that the qualifying agent has demonstrated a working knowledge of laws and regulations applicable to the operation of a construction business by passing an examination given by the Board or some other governmental agency in the State, except a master craftsmen previously serving as a qualifying agent may within 12 months after ceasing to be a qualifying agent, qualify a new company without taking an examination.

(10)

The name and address of a person authorized to accept service of process for the applicant in the State.

(11)

Such additional information as the Board may reasonably require.

(c)

The Board may deny the issuance of a contractor certificate if the applicant fails to provide the financial information required by this Chapter or if the Board is reasonably satisfied that the applicant does not have the ability to insure that the public will not sustain financial loss resulting from the contractor's inability to pay his lawful obligations. The financial responsibility grounds on which the Board may refuse to issue a contractor certificate shall include:

(1)

The inadequacy of the capitalization of the applicant.

(2)

The existence of an undischarged, unsatisfied court judgment rendered against the applicant based upon the failure of the applicant to pay just obligations to parties with whom the applicant conducted business.

(3)

The existence of a lien of record by the United States Internal Revenue Service or the State Corporate Tax Division against the applicant or any of its corporate officers.

(4)

An unfavorable credit report or history of the applicant based upon established, objective criteria.

(d)

A contractor certificate, when issued, will be in the name of the business organization and will have the name of the qualifying agent and the certificate number noted thereon. The assigned certificate number will thereafter be used in conjunction with the company name on advertising, bids, contracts and applications for permits.

(Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-751-351, § 1; Ord. 77-287-115, § 4; Ord. 81-98-403, § 2; Ord. 83-591-400, § 1; Ord. 84-1240-655, § 2; Ord. 85-1201-663, § 13; Ord. 90-593-268, § 1; Ord. 90-1043-562, § 1; Ord. 93-1311-756, § 2; Ord. 2017-665-E, § 20)

Note— Former § 950.105.

Sec. 342.106. - Reserved.

Editor's note— The provisions of former § 342.106, relative to bond requirements, were deleted as part of the Super Supplement to the Code. Former § 342.106 derived from Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 73-170-47; Ord. 81-98-403, § 3; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 13; Ord. 87-353-169, § 1; Ord. 90-1043-562, § 2; Ord. 93-1311-756, § 3.

Note— Former § 950.106.

Sec. 342.107. - Qualifications for obtaining permits.

(a)

Except as otherwise provided by law, an application for a permit to perform work within the scope of this Chapter will be accepted only from a contractor holding a current contractor certificate and occupational licenses required by law, against whom no revocation or suspension of any of the required certificates or licenses is pending. An application for a permit shall be signed by the qualifying agent of the contractor where required.

(b)

A person designated and licensed as a maintenance craftsman by the Board under other provisions of this Chapter, and holding a valid master or journeyman certificate of competency issued by the Board, shall be allowed to pull permits under the requirements of Section 320.402(d)(4)(i).

(c)

Under no circumstances shall a property maintenance craftsman be allowed to obtain a building permit.

(Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 13; Ord. 90-1043-562, § 3; Ord. 2001-732-E, § 1; Ord. 2002-1040-E, § 1)

Note— Former § 950.107.

Sec. 342.108. - Persons without certificates representing themselves as contractors.

(a)

It is unlawful for a person required to possess, but not possessing, a current contractor certificate:

(1)

To advertise to the public in a newspaper, airwave transmission or telephone directory or by issuance of a card or otherwise that he or she is a contractor or is qualified to engage in business as a contractor.

(2)

To hold him or herself out as a contractor as plaintiff or defendant in a court of this State.

(3)

To claim to be licensed in any offer of services, business proposal, bid, contract, or advertisement, but to not possess a valid competency-based license issued by a local government in Florida to perform the specified construction services.

(4)

To claim to be insured in any offer of services, business proposal, bid, contract, or advertisement, but whose performance of the subject work is not covered by a general liability or workers' compensation insurance policy.

(b)

An individual found guilty of a violation of subsection (a) above, or found guilty of a violation of any provisions of F.S. § 489.127(1)—(5), F.S. § 489.132(1), or F.S. § 489.531, may be assessed a civil fine by the Board of up to $1,000 for each occurrence as provided by F.S. § 489.127, and F.S. § 489.531 and ordered to pay restitution to an injured party.

(c)

An individual whom the Board has found guilty of a second offense of subsection (a) above, or being guilty of a second offense of conducting business without a current contractor certificate, State certification or State registration, when such certificate is required, may be disqualified from applying or testing for a contractor certificate for a period of two years from the date of the Board's final order.

(d)

Criminal violations. Any person who commits an act prohibited under Section 342.108(a) or (b), may be charged with a first degree misdemeanor in accordance with F.S. §§ 489.127 and 489.531 and may be punished accordingly. In accordance with F.S. §§ 489.127 and 489.531, any unlicensed person who commits a violation of Section 342.108(a) or (b) of this Chapter, after having been found previously guilty of such violation, may be guilty of a felony of the third degree. In accordance with F.S. §§ 489.127 or 489.531, any person who refuses to accept a citation commits a second degree misdemeanor. Any unlicensed person who commits a violation of Section 342.108(a) or (b) during the existence of a state of emergency by executive order of the Governor may be charged with a felony of the third degree, in accordance with F.S. § 489.127.

(Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 13; Ord. 1999-899-E, § 2, 10-18-99; Ord. 2005-1146-E, § 2; Ord. 2009-925-E, § 1)

Note— Former § 950.108.

Sec. 342.109. - Contractor identification.

(a)

Every contractor doing business in the City shall identify all trucks and vans used in connection with his business by placing thereon, in a permanent manner, his identification, by name or symbol, and his State certification or registration number, each in at least two locations in at least two-inch letters.

(b)

Every contractor doing business in the City shall include his State certification or registration number in advertising to the public in a newspaper, airwave transmission, telephone directory or by issuance of a card or otherwise.

(c)

A specialty contractor who is not required to register with a State licensing board shall use his locally assigned certificate number to comply with the identification requirements established in subsections (a) and (b) of this Section.

(Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 74-275-118, § 2; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 13; Ord. 86-775-424, § 2)

Note— Former § 950.109.

Sec. 342.110. - Trades, crafts, contractors and subcontractors.

(a)

Generally. Except as otherwise provided by law, it is unlawful for a person to engage in a trade or craft specified in this Section without a Certificate of Registration or a craftsman certificate issued by the Board for the particular trade or craft engaged in. A current craftsman certificate or Certificate of Registration issued in a wallet size format, shall be required to be in the personal possession of the craftsman at all time while working and upon request of any interested party, must be displayed to such interested party. A worker, helper or apprentice who is not so certified or registered may work at the trade or craft if he is employed by a contractor qualified in the trade or craft and he is working under the direct supervision of a certified craftsman on the job site as provided in Section 342.111(b). It is the employing contractor's responsibility to provide certified or registered craftsmen on each job site and failure to do so is a violation of this Chapter. It is a violation of this Chapter for a person not possessing a valid craftsman certificate or Certificate of Registration issued by the Board to represent himself as holding one or to do work requiring one except under the direct supervision of a certified or registered craftsman. This Chapter applies only to the trades, crafts and contractors specifically provided in this Section.

(b)

Electrical construction.

(1)

For purposes of this Chapter, electrical construction means the practice, materials and equipment used in the installation, maintenance, extension and alterations of a system of electrical wiring for light, heat or power, appurtenances thereto and apparatus and equipment used in connection therewith within or adjacent to a building or structure, excluding:

(i)

A wiring and electrical system in an elevator installation located beyond the elevator disconnect switch.

(ii)

Wiring and equipment in a signaling, public address or communications system operating at 50 volts or less.

(iii)

Low-voltage control wiring operating at 50 volts or less.

(iv)

An electrical system within air conditioning, heating and similar equipment, which wiring or system constituted the original equipment installed by the manufacturer.

(2)

It is unlawful for a person required by subsection (a) of this Section to have a craftsman certificate or Certificate of Registration to engage in the trade of electrician or to do electrical construction for others unless he holds a valid craftsman certificate issued by the Board as a master or journeyman electrician or a Certificate of Registration as a journeyman electrician. It is unlawful for a person to engage in the business of electrical contractor unless he holds a valid contractor certificate in that category issued by the Board or by the State.

(c)

Plumbing.

(1)

For purposes of this Chapter, plumbing means the practice, materials and equipment used in the installation, repair, maintenance, extension and alteration of piping, fixtures, appliances and appurtenances in connection with a sanitary or storm drainage facility, venting of a sewerage system, a liquid waste and a sewage disposal system and a water supply system within or adjacent to a building or structure, excluding:

(i)

The extension or installation of collector and distribution lines (not including lateral lines or lines serving only individual building or structures) of a sanitary or storm drainage system and a water supply system.

(ii)

Piping and water circulation equipment in a swimming pool, exclusive of the connections to a public water supply or sewerage system.

(iii)

The installation of water treatment equipment as provided in subsection (f) of this Section.

(iv)

Fire sprinkler piping, fire hose cabinets and standpipes for fire protection purposes only.

(v)

The cleaning, unstopping or rodding out of drains and sewers if the work is done through established cleanout plugs or vents and does not involve breaking into pipes, removal of fixtures or other disturbance to the drainage piping and system.

(vi)

The installation of irrigation systems as provided in subsection (m) of this Section.

(2)

It is unlawful for a person required by subsection (a) of this Section to have a craftsman certificate or Certificate of Registration to engage in the trade of plumber or to do plumbing work for others unless he holds a valid craftsman certificate issued by the Board as a master or journeyman plumber or a Certificate of Registration as a journeyman plumber. It is unlawful for a person to engage in the business of plumbing contractor who does not hold a valid contractor certificate in that category issued by the Board or by the State.

(3)

Notwithstanding other provisions of this Section, the Board may:

(i)

Establish a certificate of competency classification to be known as plumbing serviceman and certify persons in this classification as qualified to perform the work required for the repair or replacement of existing defective or inoperable plumbing fixtures (including domestic hot water heaters but not boilers or other pressure vessels) or in the cleaning or repair of existing plumbing drainage and water supply systems if the work is for maintenance purposes only and does not involve remodeling or relocation of existing fixtures.

(ii)

Adopt rules to regulate the issuance, suspension and revocation of plumbing servicemen certificates of competency, including the requirement for an examination, the payment of reasonable fees not to exceed those applicable to journeyman craftsmen, and other regulations found necessary by the Board to administer this paragraph.

(d)

Heating, air conditioning and refrigeration.

(1)

For purposes of this Chapter, heating, air conditioning and refrigeration, to be noted herein as HAR, means the practice, materials and equipment used in the installation, repair, maintenance, extension and alteration of appliances and appurtenances in connection with a heating, air conditioning or refrigeration system within or adjacent to a building or structure, excluding:

(i)

Factory-built appliances such as window air conditioners, domestic refrigerators, kitchen ranges, space heaters, portable fans and other apparatus which is not normally included in the permanent construction of a dwelling.

(ii)

Electrical radiant heating systems, electrical household appliances and electrical construction beyond the point of connection of HAR machinery to the electrical branch circuit.

(iii)

A part of a plumbing system beyond the point of connection of HAR machinery to a water supply outlet or the discharge of HAR machinery drainage into an indirect waste.

(iv)

A water heater, unless the water heater and hot water or steam lines connected thereto are a part of the heating system and not for domestic use.

(v)

Fire sprinkler and piping of a fire protection system.

(vi)

Gas piping not within a HAR system.

(vii)

Construction or installations included within the scope of an electrical contractor or plumbing contractor as provided in subsections (b) and (c) of this Section.

(viii)

HAR equipment when being set in a permanent location to allow the installation of ductwork, if a proper mechanical permit has been obtained.

(ix)

Preventative maintenance defined as charging of refrigerant lines, changing filters and cleaning of dust and debris of HAR equipment only when work is done by an employee of a qualified HAR contractor or when the HAR equipment is within a multifamily facility and the work is done by an employee of the multifamily facility who has been designated as a maintenance craftsman by the Board.

(x)

Installation of refrigerant lines and drain lines on residential construction for a one to five ton capacity system, if a licensed installer verifies that the work is satisfactory before the job is completed and if a proper mechanical permit has been obtained.

(2)

The following classifications of HAR are established:

(i)

Class A indicates those craftsmen and contractors whose services are unlimited in the execution of work in the HAR trade.

(ii)

Class B indicates those craftsmen and contractors whose services are unlimited in the execution of work in the HAR trade at or below a rating of 25 tons (direct expansion units only) for a single cooling system and 500,000 Btu for a single heating system.

(iii)

Class C indicates those craftsmen and contractors whose services are limited to the execution of work on fired-pressure vessels and all appurtenances, apparatus or equipment used in connection therewith.

(iv)

Class D indicates those craftsmen and contractors whose services are limited to the execution of work on low-temperature equipment, commonly known as refrigeration, and all appurtenances, apparatus and equipment used in connection therewith.

(3)

It is unlawful for a person required by subsection (a) of this Section to have a craftsman certificate or Certificate of Registration to engage in the trade of a HAR mechanic or to do HAR work for others unless he holds a valid craftsman certificate issued by the Board as a master, journeyman or installer HAR mechanic or a Certificate of Registration as a journeyman HAR mechanic in the appropriate classification. It is unlawful for a person to engage in the business of a HAR contractor who does not hold a valid contractor certificate in that category and classification issued by the Board or by the State.

(4)

Notwithstanding other provisions of this Section, the Board shall:

(i)

Establish a certificate of competency classification to be known as a mechanical installer and certify persons in this classification as qualified to perform the work in the HAR trade at or below five tons (direct expansion units only) for a single cooling system, electric heat or heat pump system.

(ii)

Adopt rules to regulate the issuance, supervision and revocation of mechanical installer certificates of competency, including the requirement for an examination, the payment of reasonable fees not to exceed those applicable to journeyman craftsman, the issuance of temporary certificates and other regulations found necessary by the Board to administer this paragraph.

(iii)

Issue temporary certificates of competency for mechanical installer, if applications for the certificates are endorsed by the qualifying agent of a certified mechanical contractor (who shall be responsible for work done under the temporary certificate) and the person to whom the certificate is issued has applied for the next regular examination for mechanical installer. Temporary certificates of competency for mechanical installer shall only be valid while the holder is in the employ of the sponsoring mechanical contractor and until the next examination in the category except that temporary certificates issued by the Board prior to the first examination offered in this category shall be valid until the second examination for those applicants who fail to attain a passing grade on the first examination.

(e)

Structural welding.

(1)

For the purposes of this Chapter, structural welding means the practice, materials and equipment used in the assembly of structural elements of a building or structure by an approved welding method.

(2)

It is unlawful for a person to engage in the craft or trade of structural welding unless he holds a valid craftsman certificate issued by the Board as a journeyman structural welder. The certificate may be obtained upon application therefor presented to the Board, accompanied by a fee as found in www.coj.net/fees, and a welder qualification test report from an approved engineering testing laboratory or an agency of the United States or the State, certifying that the welder has been tested and found competent in accordance with the requirements of the American Welding Society Structural Welding Code (AWS D1-72). A craftsman certificate as a journeyman structural welder shall be valid permanently unless revoked by the Board as provided in Section 342.116.

(f)

Water treatment equipment.

(1)

For the purposes of this Chapter, installation of water treatment equipment means the practice, materials and equipment used in the installation, maintenance and repair of machinery, tanks or devices which are designed and operate to treat water, including water-softening and water-conditioning equipment, water-distributing piping required for the installation of the equipment and the isolation from the treated water system of existing exterior hose bibbs by extending exterior piping thereto.

(2)

It shall be unlawful for a person to engage in the business of water treatment installation contractor who does not hold a valid contractor certificate issued by the Board in that category or in the category of plumbing contractor.

(g)

Carpentry subcontractor.

(1)

It shall be unlawful for a person to engage in the business of a carpentry subcontractor who does not hold a valid subcontractor certificate of competency issued by the Board in that category.

(2)

Notwithstanding other provisions of this Section, the Board may:

(i)

Establish a certificate of competency classification of specialty subcontractor to be known as a carpentry subcontractor and certify persons in this classification as qualified to have the knowledge and skill to install any wood products in a structure or building including, but not limited to, rough framing, including metal studs, structural and nonstructural walls, trusses, sheathing and wood siding, excluding:

(A)

interior and exterior trim including soffit and facia providing such subcontractor does not install sheathing or wood siding or other structural components. Such contractor, however, is not exempt from occupational license tax requirements.

(ii)

Adopt rules to regulate the issuance, supervision and revocation of carpentry subcontractor certificates of competency, including the requirement for an examination, the payment of reasonable fees not to exceed those applicable to master craftsman, the issuance of temporary certificates and other regulations found necessary by the Board to administer this paragraph.

(iii)

Issue temporary certificates of competency for carpentry subcontractor upon completion of an application for examination, verification of payment of an occupational licenses tax for the preceding two years and proof of an additional two years of practical experience. Temporary certificates of competency for carpentry subcontractors shall only be valid until the next examination given in that category except that temporary certificates issued by the Board prior to the first examination offered in this category shall be valid until the second examination for those applicants who failed to attain a passing grade on the first examination.

(h)

General, building and residential contractor.

(1)

For the purpose of this Chapter, general contractor means a contractor whose services are unlimited in the construction, repair, alteration, remodeling, addition to, subtraction from, improvement and demolition of any building or structure regardless of the height, area and complexity of that building, structure or related real property improvement.

(2)

For the purpose of this Chapter, building contractor means a contractor whose services are limited to construction, remodeling, demolition, repair, or improvements of commercial buildings and single or multiple dwelling residential buildings, neither to exceed three stories or 36 feet in height, and accessory use structures in connection therewith, or those contractors whose services are limited to remodeling, repair or improvements of any size building if the services do not affect the structural members of the building.

(3)

For the purpose of this Chapter, residential contractor means a contractor whose services are limited to construction, remodeling, demolition, repair or improvements of one-, two- or three-family unit residences not exceeding two stories in height, and accessory use structures in connection therewith.

(4)

General, building or residential contractors shall not be required to subcontract the framing, or concrete work, nor the installation of wood shingles or shakes, or asphalt or fiberglass shingle roofing materials on a new building of their own construction, and are permitted to do minor roof repair at the facia, eaves, and rakes of the roof, provided the minor repair is a direct result of facia or eave construction repair, and the appropriate permit has been issued for such work. This is not to be construed to allow a general, building or residential contractor to do the work of a roofing contractor. A general, building or residential contractor may do the work of an aluminum (including vinyl siding) contractor, provided the appropriate permit has been issued.

(5)

General, building or residential contractors shall subcontract to a qualified contractor all work which is the exclusive work of a plumbing, electrical or heating, air conditioning and refrigeration (HAR) contractor, unless such contractor also holds a certificate of competency in the respective trade category.

(6)

It is unlawful for a person to engage in the business of a general contractor, building contractor or residential contractor who does not hold a valid contractor certificate of competency issued by the Board or by the State in that specific category.

(7)

Notwithstanding other provisions of this Section, the Board may:

(i)

Establish contractor certificates of competency classifications to be known as general contractor, building contractor and residential contractor, and certify persons in these classifications as qualified to have the knowledge and skill to perform the work within the scope of each classification.

(ii)

Adopt rules to regulate the issuance, suspension and revocation of general, building or residential contractor certificates of competency, including the requirement for the payment of reasonable fees not to exceed those of masters qualifying other trades within the scope of this Chapter, and other regulations found necessary by the Board to administer this paragraph.

(iii)

Issue certificates of competency for general contractors, building contractors or residential contractors who were registered with the State of Florida prior to September 17, 1973, or under a file number lower than RG0015500. Such contractors shall not be allowed to pull permits with the Building Inspection Division after October 1, 1993, unless such contractor has filed an application for contractor certificate of competency with the Board, along with all supporting documents, proof of an active and valid registration with the State of Florida, proof of payment of a current occupational license tax, proof of liability insurance and bond, and appear before the Board for confirmation. General, building or residential contractors registered with the State after September 17, 1973, or with a file number greater than RG0015500 are not eligible for a certificate of competency issued by the Board without examination.

(i)

Commercial pool, residential pool, swimming pool/spa servicing contractor or pool specialty subcontractor.

(1)

For the purpose of this Chapter, commercial pool/spa contractor means a contractor whose scope of work involves, but is not limited to, the construction, repair, water treatment, and servicing of any swimming pool, or hot tub or spa, whether public, private, or otherwise, regardless of use. The scope of such work includes layout, excavation, operation of construction pumps for dewatering purposes, steel work, installation of light niches, construction of floors, guniting, fiber glassing, installation of tile and coping, installation of all perimeter and filter piping, installation of all filter equipment and chemical feeders of any type, plastering of the interior, construction of decks, construction of equipment rooms or housing for pool equipment, and installation of package pool heaters. However, the scope of such work does not include direct connections to a sanitary sewer system, potable water line or electrical supply.

(2)

For the purposes of this Chapter, residential pool/spa contractor means a contractor whose scope of work involves, but is not limited to, the construction, repair, water treatment, and servicing of any residential swimming pool or hot tub or spa, regardless of use. The scope of such work includes layout, excavation, operation of construction pumps for dewatering purposes, steel work, installation of light niches, construction of floors, guniting, fiber glassing, installation of tile and coping, installation of all perimeter and filter piping, installation of all filter equipment and chemical feeders of any type, plastering of the interior, construction of decks, installation of housing for pool equipment, and installation of package pool heaters. However, the scope of such work does not include direct connections to a sanitary sewer system, potable water line or electrical supply.

(3)

For the purpose of this Chapter, swimming pool servicing/spa contractor means a contractor whose scope of work involves the servicing, repair, water treatment, including, but not limited to, the direct infusion of chlorine gas, and maintenance of any swimming pool or hot tub or spa, whether public or private. The scope of such work may include any necessary piping and repairs, replacement and repair of existing equipment, or installation of new additional equipment as necessary. The scope of such work includes the reinstallation of tile and coping, repair and replacement of all piping, filter equipment, and chemical feeders of any type, replastering, reconstruction of decks, and reinstallation or addition of pool heaters. However, the scope of such work does not include any electrical installation, repair or replacement.

(4)

Commercial, residential or swimming pool servicing/spa contractors shall subcontract to a qualified contractor all work which is the exclusive work of a plumbing or electrical contractor, unless such contractor also holds a certificate of competency in the respective trade category.

(5)

It is unlawful for a person to engage in the business of commercial, residential or swimming pool servicing/spa contractor, or pool specialty subcontractor who does not hold a valid contractor certificate of competency issued by the Board or by the State in that specific category.

(6)

Notwithstanding other provisions of this Section, the Board may:

(i)

Establish contractor certificates of competency classifications to be known as commercial pool/spa contractor, residential pool/spa contractor and swimming pool servicing/spa contractor and certify persons in these classifications as qualified to have the knowledge and skill to perform the work within the scope of each classification.

(ii)

Adopt rules to regulate the issuance, suspension and revocation of commercial, residential or swimming pool servicing/spa contractor certificates of competency, including the requirement for the payment of reasonable fees not to exceed those of masters qualifying other trades within the scope of this Chapter, and other regulations found necessary by the Board to administer this paragraph.

(iii)

Issue certificates of competency for commercial pool/spa contractors, residential pool/spa contractors and swimming pool/spa servicing contractors who were registered with the State of Florida prior to April 15, 1985, or under a file number of RP0048460. Such contractors shall not be allowed to pull permits with the Building Inspection Division after October 1, 1993, unless such contractor has filed an application for contractor certificate of competency with the Board, along with all supporting documents, proof of an active and valid registration with the State of Florida, proof of payment of a current occupational license tax, proof of liability insurance, and appear before the Board for confirmation. Commercial, residential or swimming pool servicing/spa contractors registered with the State after April 15, 1985, or with a file number greater than RP0048460, are not eligible for a certificate of competency issued by the Board without examination, but may qualify without examination for up to two pool specialty subcontractor classifications by verification of proof of an active State registration, in one of the categories listed above and payment of an occupational license tax for three previous years for each classification desired. A registered contractor however, who cannot verify having taken a contractor/administration examination must do so before applying for a pool specialty subcontractor certificate of competency.

(7)

Notwithstanding other provisions of this Section, the Board may:

(i)

Establish a pool specialty subcontractor certificate of competency in each of the following areas and certify persons in these classifications as qualified to have the knowledge and skill to perform the work within the scope of each classification:

(A)

Pool excavation subcontractor. The scope of work of a pool excavation subcontractor shall be limited to the clearing of land of surface debris and vegetation; general leveling and grading of surface land; the excavation and removal of materials such as rock, gravel, sand, dirt, debris or vegetation; the shaping and contouring of dirt or similar material, all for the purpose of forming the outer wall of a commercial or residential swimming pool, spa or hot tub to receive gunite, shotcrete or concrete.

(B)

Pool steel subcontractor. The scope of work of a pool steel subcontractor shall be limited to the fabrication, placing and tying of steel reinforcing bars (rods) of any profile, perimeter, or cross-section which is used, intended or designed to be used to reinforce concrete, gunite, shotcrete or similar material in a pool, in accordance with the plans and specifications thereof; operating of construction pumps for dewatering purposes.

(C)

Pool piping subcontractor. The scope of work of a pool piping subcontractor shall be limited to the layout and installation of all perimeter and filter piping, filter equipment, chemical feeders of any type and piping up to a package pool heater or equipment room; the connecting to a pump, filter or cleaner; the operation of construction pumps for dewatering purposes. However, the scope of such work does not include direct connections to a sanitary sewer system, potable water line or electrical supply, or the installation of package pool heaters.

(D)

Pool shell subcontractor. The scope of work of a pool shell subcontractor shall be limited to the shaping and shooting of gunite, shotcrete, concrete or similar product mix over the existing structural steel cage of a commercial or residential swimming pool, spa or hot tub, according to applicable building codes.

(E)

Pool finishing subcontractor. The scope of work of a pool finishing subcontractor shall be limited to the coating or plastering of the interior surfaces of a commercial or residential swimming pool, spa or hot tub with materials such as marcite, water type plaster, fiberglass or other similar use products designed to create a permanent surface coating and which is usually applied with a plasterer's trowel or by pneumatic pressure to a surface which offers an existing mechanical key for the support of such coatings or to which such coating will adhere by suction. Such subcontractor may also re-plaster existing swimming pools, spas or hot tubs, perform minor surface coating repairs, and prepare the surface to be coated for such material as listed above.

(F)

Pool decking subcontractor. The scope of work of a pool decking subcontractor shall be limited to design, layout, pouring, finishing, replacement or repair of concrete decks and patios around a commercial or residential swimming pool, spa or hot tub according to applicable building codes. Such subcontractor may also apply all types of decorative concrete or brick coatings or veneers, including river rock, brick, dressed or artificial stone, pre-cast concrete blocks, kool deck or other similar material Such subcontractor however, may not install wooden decks.

(G)

Pool tile subcontractor. The scope of work of pool tile sub contractor shall be limited to installing repairing, maintaining or replacing terrazzo, marble and all types of tile which are applied to the existing walls, floor or decking of a commercial or residential swimming pool, spa or hot tub.

(ii)

Adopt rules to regulate the issuance, supervision and revocation of each pool specialty subcontractor certificate of competency classification, including the requirement for an examination, the payment of reasonable fees not to exceed those of masters qualifying other trades within the scope of this Chapter. The issuance of temporary and "grandfathered" certificates of competency for each classification of pool specialty subcontractor, and other regulations found necessary by the Board to administer this paragraph.

(iii)

Issue "grandfathered" certificates of competency for each classification of pool specialty subcontractor upon completion of an application of examination marked "waived" and completion of an application for contractor certificate of competency, verification of payment of an occupational license tax for three preceding years and proof of three years of practical experience in the classification applied for, which must include a minimum of three affidavits of experience signed and attested to by three separate certified or registered commercial or residential pool contractors. Those requesting multiple classifications must document a minimum of three years of experience for each classification requested. Verifying that the major portion or a minimum of 55 percent of their practical experience was in that classification, as attested to by three separate certified or registered commercial or residential swimming pool contractors.

Temporary certificates of competency will be issued for those who are within 12 months of meeting the "Grandfather" qualifications based on meeting the criteria above. After meeting that criteria, they will be issued a permanent certificate of competency in the appropriate classification.

"Grandfathered" certificates of competency will be issued up to (one year from the date of the adoption of this ordinance), thereafter, applicants are required to pass a contractor/administration examination based on the requirements of Section 342.112(i).

(j)

Roofing contractor.

(1)

For the purposes of this Chapter, roofing contractor means a contractor whose services are unlimited in the roofing trade and who has the experience, knowledge and skill to install, maintain, repair, alter, extend, or design, when not prohibited by law, and use materials and items used in the installation, maintenance, extension, and alteration of all kinds of roofing, waterproofing, and coating, except where the coating is not represented to protect, repair, waterproof, stop leaks, or extend the life of the roof, all in such manner as to comply with all plans, specifications, codes, laws, and regulations applicable thereto. In addition, the roofing contractor will be allowed to replace or repair deteriorated wood at the facia, eaves, and rakes of the roof, including roof sheathing, provided the wood repair or replacement is part of a roof repair contract and is nonstructural and the appropriate permit has been issued for such work. For the purposes of this Section, rafters, joist, beams, and trusses are considered to be structural.

(2)

It is unlawful for a person to engage in the business of a roofing contractor who does not hold a valid roofing contractor certificate of competency issued by the Board or by the State.

(3)

Notwithstanding other provisions of this Section, the Board may:

(i)

Establish a contractor certificate of competency classification to be known as roofing contractor, and certify persons in that classification as qualified to have the knowledge and skill to perform the work within that classification.

(ii)

Adopt rules to regulate the issuance, suspension and revocation of roofing contractor certificates of competency, including the requirement for the payment of reasonable fees not to exceed those of masters qualifying other trades within the scope of this Chapter, and other regulations found necessary by the Board to administer this paragraph.

(iii)

Issue certificates of competency for roofing contractors who were registered with the State of Florida prior to August 4, 1987, or under a file number lower than RC0055210. Such contractors shall not be allowed to pull permits with the Building Inspection Division after October 1, 1993, unless such contractor has filed an application for contractor certificate of competency with the Board, along with all supporting documents, proof of an active and valid registration with the State of Florida, proof of payment of a current occupational license tax, proof of liability insurance and bond, and appear before the Board for confirmation. Roofing contractors registered with the State after August 4, 1987, or with a file number greater than RC0055210, are not eligible for a certificate of competency issued by the Board without examination.

(k)

Sheet metal contractor.

(1)

For the purpose of this Chapter, sheet metal contractor means a contractor whose services are unlimited in the sheet metal trade and who has the experience, knowledge, and skill necessary for the manufacture, fabrication, assembling, handling, erection, installation, dismantling, conditioning, adjustment, insulation, alterations, repair, servicing, or design, when not prohibited by law, of ferrous or nonferrous metal work of U.S. No. 10 gauges or its equivalent or lighter gauge and of other materials, including, but not limited to, fiberglass, used in lieu thereof and of air-handling systems, including the setting of air-handling equipment and reinforcement of same and including the balancing of air-handling systems.

(2)

It is unlawful for a person to engage in the business of a sheet metal contractor who does not hold a valid sheet metal contractor certificate of competency issued by the Board or by the State.

(3)

Notwithstanding other provisions of this Section, the Board may:

(i)

Establish a certificate of competency classification to be known as sheet metal contractor, and certify persons in that classification as qualified to have the knowledge and skill to perform the work within that classification.

(ii)

Adopt rules to regulate the issuance, suspension and revocation of sheet metal contractor certificates of competency, including the requirement for payment of reasonable fees not to exceed those of masters qualifying other trades within the scope of this Chapter, and other regulations found necessary by the Board to administer this paragraph.

(iii)

Issue certificates of competency for sheet metal contractors who were registered with the State of Florida prior to July 1, 1993, or under a file number lower than RS0066450. Such contractors shall not be allowed to pull permits with the Building Inspection Division after October 1, 1993, unless such contractor has filed an application for contractor certificate of competency with the Board, along with all supporting documents, proof of an active and valid registration with the State of Florida, proof of payment of a current occupational license tax, proof of liability insurance and bond, and appear before the Board for confirmation. Sheet metal contractors registered with the State after July 1, 1993, or with a file number greater than RS0066450, are not eligible for a certificate of competency issued by the Board without examination.

(l)

Mechanical contractor.

(1)

For the purpose of this Chapter, mechanical contractor means a contractor whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air-distribution system, boiler and unfired pressure vessel systems, lift station equipment and piping, and all appurtenances, apparatus, or equipment used in connection therewith; to install, maintain, repair, fabricate, alter, extend or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, pneumatic control piping, gasoline tanks and pump installations and piping for same, standpipes, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines, and natural gas fuel lines within buildings, to replace, disconnect or reconnect power wiring on the load side of the dedicated existing electrical disconnect switch; to install, disconnect, and reconnect low voltage heating, ventilating, and air conditioning control wiring; and to install a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring.

(2)

It is unlawful for a person to engage in the business of a mechanical contractor who does not hold a valid contractor certificate of competency issued by the Board or by the State in that specific category.

(3)

Notwithstanding other provisions of this Section, the Board may:

(i)

Establish a contractor certificate of competency classification to be known as mechanical contractor, and certify persons in that classification as qualified to have the knowledge and skill to perform the work within the scope of that classification.

(ii)

Adopt rules to regulate the issuance, suspension and revocation of a mechanical contractor certificate of competency, including the requirement for the payment of reasonable fees the same as a Master HAR qualifying as an HAR contractor, and other regulations found necessary by the Board to administer this paragraph.

(iii)

Re-issue mechanical contractor certificates of competency to HAR contractors who also hold a Master HAR certificate of competency and who were registered with the State of Florida as a mechanical contractor prior to January 23, 1985, or under a file number lower than RM0047513. Master HARs holding a certificate of competency as a mechanical contractor registered with the State after January 23, 1985, or with a file number greater than RM0047513 are not eligible for a mechanical contractor certificate of competency issued by the Board without examination in that category.

(m)

Irrigation installations.

(1)

For the purposes of this Chapter, irrigation installations means the practice, materials and equipment used in the design, layout, installation, maintenance, repair, alteration or extension of all piping, sprinkler heads, chemical injectors, pressure regulators, backflow prevention devices, and automatic or manual control systems including mechanical, hydraulic, and low voltage electrical, (including wiring and appurtenances of 50 volts or less), and includes the connection to a water pump or other potable water source, which connection is made either by a certified employee of certified or registered plumbing contractor or the qualifying agent for an irrigation contractor, and is inspected and approved by the plumbing inspector.

(2)

It shall be unlawful for a person to engage in the business of an irrigation contractor who does not hold a valid contractor certificate issued by the Board or the State in that category or in the category of plumbing contractor.

(3)

Notwithstanding other provisions of this Section, the Board may:

(i)

Establish a certificate of competency classification of specialty contractor to be known as an irrigation contractor and certify persons in that classification as qualified to have the knowledge and skill to perform the work within that classification.

(ii)

Adopt rules to regulate the issuance, supervision and revocation of an irrigation contractor certificate of competency, including the requirement for an examination, the payment of reasonable fees not to exceed those of masters qualifying other trades within the scope of this Chapter, the issuance of temporary certificates and other regulations found necessary by the Board to administer this paragraph.

(iii)

Issue temporary certificates of competency for an irrigation contractor upon completion of an application of examination, verification of payment of an occupational license tax for the preceding two years and proof of an additional two years of practical experience. Temporary certificates of competency for irrigation contractor shall only be valid until the next examination given in that category except that temporary certificates issued by the Board prior to the first examination offered in this category shall be valid until the second examination for those applicants who failed to attain a passing grade on the first examination.

(4)

The provisions of this Part shall not apply to minor maintenance by persons, firms, or corporations upon their own property or property of others.

(n)

Natural gas specialty contractor.

(1)

For the purposes of this Chapter, natural gas specialty contractor means a contractor whose practice and scope of work are limited to natural gas systems, and has the knowledge, experience and skill to install, maintain, repair, alter or extend natural gas piping, appliances, gas mains, laterals, tanks and other appurtenances in connection therewith.

(2)

After December 30, 1999, it shall be unlawful for a person to engage in the business of a natural gas specialty contractor who does not hold a valid contractor certificate issued by the Board or the State in that category or in the category of a mechanical or plumbing contractor.

(3)

Notwithstanding other provisions of this Section, the Board may:

(i)

Establish a certificate of competency classification of specialty contractor known as a natural gas specialty contractor and certify persons in that classification as qualified to have the knowledge and skill to perform the work within that classification.

(ii)

Adopt rules to regulate the issuance, supervision and revocation of a natural gas specialty contractor certificate of competency, including the requirement for the appropriate examination as defined by (iii) below, proof of at least two years' practical experience, one of which shall be in a supervisory capacity, the payment of reasonable fees not to exceed those of masters qualifying other trades within the scope of this Chapter, the issuance of temporary certificates and other regulations found necessary by the Board to administer this paragraph.

(iii)

Issue temporary certificates for a natural gas specialty contractor upon completion of both an approved application for examination and application for Contractor Administration Examination and proof of at least two years' practical experience, one of which shall be in a supervisory capacity. Temporary certificates of competency shall be valid until the applicant successfully passes the appropriate certification examination with a grade of 75 or above, or no later than September 30, 1999. Contractors holding a valid, active State certification shall not be required to take the contractor administration examination.

(o)

Nonelectrical sign contractor.

(1)

For the purposes of this Chapter, nonelectrical sign contractor means a contractor whose practice and scope of work are limited to installing, repairing, adding or changing exterior nonelectrical signs according to the building code and Chapter 320, Ordinance Code. Notwithstanding other provisions of this Section, signs meeting the following criteria are exempt from licensure under this Section, but shall be required to meet the permitting requirements of Chapter 320, Ordinance Code, Chapter 656, Part 13, and Chapter 326, Ordinance Code:

(i)

Signs less than 32 square feet in size; and

(ii)

No higher than eight feet to the top of the sign.

(2)

After October 1, 2001, it shall be unlawful for a person to engage in the business of a nonelectrical sign contractor who does not hold a valid contractor certificate of competency issued by the Board in that category or in an appropriate State category.

(3)

Notwithstanding other provisions of this Section, the Board may:

(i)

Establish a certificate of competency classification of specialty contractor known as a nonelectrical sign contractor and certify persons in that classification as qualified to have the knowledge and skill to perform the work within that classification.

(ii)

Adopt rules to regulate the issuance, supervision and revocation of a nonelectrical sign contractor certificate of competency, including the requirement for the appropriate examination as defined by (iii) below, proof of at least three years practical experience, one of which shall be in a supervisory capacity, the payment of reasonable fees not to exceed those of masters qualifying other trades within the scope of this Chapter, the issuance of "temporary" certificates and other regulations found necessary to administer this paragraph.

(iii)

Issue certificates of competency for a nonelectrical sign contractor upon successful completion of both the nonelectrical sign contractor examination and the contractor administration examination with a grade of 75 or above.

(iv)

Issue temporary certificates of competency for a nonelectrical sign contractor upon completion of an application for nonelectrical sign contractor and an application for contractor administration examination with payment of the appropriate fees, verification of payment of an temporary nonelectrical sign contractor certificate of competency shall be valid until the applicant successfully passes the appropriate examinations with a grade of 75 percent or above, or no later than October 1, 2001. Thereafter, all applicants shall be required to pass the nonelectrical sign contractor and contractor Administration examinations as defined in (iii) above.

(p)

Property maintenance craftsman.

(1)

For the purposes of this Chapter, property maintenance craftsman means a person who is qualified and certified by the Board. After January 31, 2002, it shall be unlawful for a person to engage in the trade of a property maintenance craftsman who does not hold a valid certificate of competency issued by the Board, or in the appropriate State category.

(2)

Notwithstanding other provisions of this Section, the Board may:

(i)

Establish a certificate of competency classification to be known as a property maintenance craftsman and certify persons in that classification as qualified to have the knowledge and skill to perform the work within the scope of the classification.

(ii)

Adopt rules to regulate the issuance, suspension and revocation of the property maintenance craftsman certificate, including the requirement for the appropriate examination as defined by (iii) below, verification of at least one year practical experience in performing the work of a property maintenance craftsman, payment of reasonable fees not to exceed those a journeyman within the scope of this Chapter, issuance of "temporary" certificates of competency and other regulations found necessary to administer this Chapter.

(iii)

Issue certificates of competency for a property maintenance craftsman upon successful completion of the appropriate examination with a grade of 75 or above completion of the proper application and payment of appropriate fees.

(iv)

Issue "temporary" certificates of competency for the property maintenance craftsman upon completion of an application for examination, verification of three years practical experience in performing multifamily property maintenance and payment of the appropriate fees. The "temporary' certificate of competency shall be issued without examination and shall be valid until the applicant successfully passes the property maintenance craftsman certification examination with a grade of 75 or above or no later than the deadline set forth in (vi) below. Thereafter, all applicants shall be required to successfully pass the appropriate examination as defined in (iii) above.

(v)

Upon payment of the fee and completion of an application, provided it can be verified by the Board that the individual has at least five years of experience in performing multifamily rental property maintenance at the time of the enactment of this Chapter, the Board shall issue a property maintenance craftsman certificate of competency. No examination will be required if the Board can verify multifamily rental property maintenance experience of a person for not less than five years at the time of the enactment of this Chapter. Application for this grandfather provision must be made to the Board no later than January 31, 2003. Notwithstanding the provisions of this subsection, the continuing education requirements of Section 342.110(p)(3) shall apply to all persons who hold a property maintenance craftsman certificate of competency.

(vi)

The property maintenance craftsman certification examination shall be developed by the Board and available to applicants no later than March 1, 2003. Temporary certificates of competency issued pursuant to 342.110(p)(2)(iv) shall not be valid after development and availability of the examination to applicants.

(3)

All individuals who have been issued a property maintenance craftsman certificate of competency shall complete seven hours of continuing education prior to being eligible to obtain a renewal of the property maintenance craftsman certificate under Section 342.118, Ordinance Code.

(q)

Nonstructural Siding Contractor.

(1)

For the purpose of this Chapter, "Nonstructural Siding Contractor" means a contractor whose practice and scope of work are limited to performing all work related to the installation of vinyl siding and wood or metal windows and doors. This work includes the work necessary to repair the substrate to accomplish proper installation, including removal and repair of individual structural components but does not include removal of structural assemblies.

(2)

After August 1, 2002, it shall be unlawful for a person to engage in the business of a Nonstructural Siding Contractor who does not hold a valid contractor certificate of competency issued by the Board in that category or in an appropriate State category.

(3)

Notwithstanding other provisions of this Section, the Board may:

(i)

Establish a certificate of competency classification of specialty contractor known as Nonstructural Siding Contractor and certify persons in that classification as qualified to have the knowledge and skill to perform the work within that classification.

(ii)

Adopt rules to regulate the issuance, supervision and revocation of a Nonstructural Siding Contractor Certificate of Competency, including the requirement for the appropriate examination as defined by (iii) below, proof of at least one year practical experience, the payment of reasonable fees not to exceed those of masters qualifying other trades within the scope of this Chapter, the issuance of "temporary" certificates and other regulations found necessary to administer this paragraph.

(iii)

Issue Certificates of Competency for a Nonstructural Siding Contractor upon successful completion of both the Nonstructural Siding Contractor Examination and the Contractor Administration Examination with a grade of 75 percent or above.

(iv)

Issue "temporary" Certificates of Competency for a Nonstructural Siding Contractor upon completion of an Application for Nonstructural Siding Contractor Examination and an Application for Contractor Administration Examination with payment of the appropriate fees, verification of payment of an occupational license tax for one preceding year and proof of one year of practical experience. The "temporary" Nonstructural Siding Contractor Certificate of Competency shall be valid until the applicant successfully passes the appropriate examinations with a grade of 75 percent or above, or no later than December 31, 2002. Thereafter, all applicants shall be required to pass the Nonstructural Siding Contractor and Contractor Administration Examinations as defined in (iii) above.

(r)

Above Ground Pool Contractor.

(1)

For the purposes of this Chapter, Above Ground Pool Contractor means a contractor whose practice and scope of work are limited to performing all work related to the installation of above ground pools, including site preparation and ground leveling up to four to six inches on flat ground, on sloped yards greater than 12 inches, to be sloped away from the pool wall of three feet at the top of the slope and deep end bottoms with or without center drains, installation of patio blocks for the pool uprights, treatment of the site with herbicides, assembly of the pool kit and base, installation of the pool liner, filter pack and connect hoses.

(2)

After June 1, 2003, it shall be unlawful for a person to engage in the business of an Above Ground Pool Contractor who does not hold a valid contractor certificate of competency issued by the Board in that category or in an appropriate State category as defined under F.S. § 489.105(3)(j)(k)or(l).

(3)

Notwithstanding other provisions of this Section, the Board may:

(i)

Establish a certificate of competency classification of specialty contractor known as an Above Ground Pool Contractor and certify persons in that classification as qualified to have the knowledge and skill to perform the work within that classification.

(ii)

Adopt rules to regulate the issuance, supervision and revocation of an Above Ground Pool Contractor Certificate of Competency, including the requirement for the appropriate examination as defined by (iii) below, proof of at least two years practical experience, the payment of reasonable fees not to exceed those of masters qualifying other trades within the scope of this Chapter, the issuance of "temporary" certificates and other regulations found necessary to administer this paragraph.

(iii)

Issue certificates of competency for an Above Ground Pool Contractor upon proof of two years practical experience in the trade and the successful completion of the Contractor Administration examination with a grade of 75 or above.

(iv)

Issue "temporary" certificates of competency for an Above Ground Pool Contractor upon completion of an Application for the Contractor Administration Examination with payment of the appropriate fees, verification of payment of an occupational license tax for two preceding years or proof of two years of practical experience in the trade. The "Temporary " Above Ground Pool Contractor Certificate of Competency shall be valid until the applicant successfully passes the Contractor Administration examination with a grade of 75 percent or above, or no later than August 1, 2003. Thereafter, all applicants shall be required to show proof of the required two years of experience and pass the Contractor Administration examinations as defined in (iii) above.

(s)

Garage Door Contractors.

(1)

For the purposes of this Chapter, Garage Door Contractor means a contractor whose practice and scope of work is limited to the installation of overhead garage door systems.

(2)

After December 1, 2008, it shall be unlawful for a person to engage in the business of a Garage Door Contractor who does not hold a valid contractor certificate issued by the Board in that category, or in the category of a general, building, residential or non-structural siding contractor.

(3)

Notwithstanding other provisions of this Section, the Board may:

(i)

Establish a certificate of competency classification of specialty contractor known as a Garage Door Contractor and certify persons in that classification as qualified to have the knowledge and skill to perform the work within that classification.

(ii)

Adopt rules to regulate the issuance, supervision and revocation of a Garage Door Contractor certificate of competency, including the requirement for an appropriate examination, proof of at least two years practical experience, the payment of reasonable fees not to exceed those of masters qualifying other trades within the scope of this Chapter, the issuance of temporary certificates and other regulations found necessary by the Board to administer this paragraph.

(iii)

Upon payment of the fee and completion of an approved Application for Contractor Certificate, provided it can be verified by the Board that the individual has at least two years of experience in performing garage door installation as of December 1, 2007, the Board shall issue a Garage Door Contractor Certificate of Competency. No examination will be required if the Board can verify garage door installation experience of a person for not less than two (2) years as of December 1, 2007. Application for this "grandfather" provision must be made to the Board no later than December 1, 2008."

(t)

Low Voltage Contractor.

(1)

For the purposes of this Chapter, "Low Voltage Contractor" means a contractor whose practice and scope of work are limited to the installation, repair, fabrication, erection, alteration, addition to or design of electrical wiring, fixtures, appliances, thermostats, apparatus, raceways, conduit and fiber optics (transmission of light over stranded glass) or any part thereof not to exceed 98 volts, when those items are for the purpose of transmitting data, proprietary video (satellite systems which are not part of a community antenna television or radio distribution system) central vacuum, electric locks, data distribution, networks, home theater systems, surround sound systems, public address systems or telephone systems.

(2)

After December 31, 2010, it shall be unlawful for a person to engage in the business of a Low Voltage Contractor who does not hold a valid contractor certificate issued by the Board in that category, or in the category of a certified or registered electrical contractor or a certified or registered specialty electrical contractor.

(3)

Notwithstanding other provisions of this Section, the Board may:

(i)

Establish a certificate of competency classification of specialty contractor known as a Low Voltage Contractor and certify persons in that classification as qualified to have the knowledge and skill to perform the work within that classification.

(ii)

Adopt rules to regulate the issuance, supervision and revocation of a Low Voltage Contractor certificate of competency, including the requirement for the appropriate examination as defined by (iii) below, proof of at least three (3) years of practical experience, the payment of reasonable fees not to exceed those of masters qualifying for other trades within the scope of this Chapter, the issuance of temporary certificates, and other regulations found necessary by the Board to administer this paragraph.

(iii)

Issue temporary certificates for a Low Voltage Contractor upon completion of both an approved Application for Examination and Application for Contractor Administration Examination, and proof of at least three years of practical experience. Temporary certificates of competency shall be valid until the applicant successfully passes the appropriate certification examination with a grade of 75 or above, or no later than December 31, 2010.

(u)

Awning Specialty Contractor.

(1)

For the purposes of this Chapter, Awning Specialty Contractor means a contractor whose practice and scope of work are limited to the execution of contracts requiring the experience, knowledge and skill necessary to fabricate, erect and install, repair, maintain, replace, alter or extend awnings.

(2)

The scope of such work shall include the fabrication, erection and installation of awnings of detachable cloth/synthetic cover material over a rigid metal frame, including other materials incidental thereto, in or on buildings or other structures, and which may be, in whole or part, supported from a building wall erected and provided by others, or may be self-supporting, including footings or slabs on grade in connection therewith. The scope of such work shall comply with all plans, specifications and applicable codes, laws and regulations.

(3)

The Awning Specialty Contractor shall not contract for any other work of another trade that is included within the scope of any other licensed contractor; however, electrical wiring required for the purpose of lighting the awning may be included in the contract for work but must be subcontracted to a certified or registered electrical contractor. Nothing in this definition shall be construed to limit or infringe upon the scope of work of any other specialty contractor or contractor licensed by the City of Jacksonville's Construction Trades Qualifying Board.

(4)

After December 31, 2010, it shall be unlawful for a person to engage in the business of an Awning Specialty Contractor who does not hold a valid contractor certificate issued by the Board in that category, or in the category of a certified or registered General, Building or Residential Contractor, Specialty Sign Contractor (both illuminated and non-illuminated) or a Non-Structural Siding Contractor.

(5)

Notwithstanding other provisions of this Section, the Board may:

(i)

Establish a certificate of competency classification of specialty contractor known as an Awning Specialty Contractor and certify persons in that classification as qualified to have the knowledge and skill to perform the work within that classification.

(ii)

Adopt rules to regulate the issuance, supervision and revocation of an Awning Specialty Contractor certificate of competency, including the requirement for the appropriate examination as defined by (iii) below, proof of at least two years practical experience, the payment of reasonable fees not to exceed those of masters qualifying other trades within the scope of this Chapter, the issuance of grandfathered certificates and other regulations found necessary by the Board to administer this paragraph.

(iii)

Issue a certificate of competency upon the applicant's passing successfully both the trade and contractor administration examinations with a score of 75 or above.

(iv)

Issue grandfathered certificates for an Awning Specialty Contractor upon completion of both an approved Application for Examination and Application for Contractor Administration Examination, payment of the appropriate fees, and proof of at least two years practical experience. Grandfathered certificates of competency shall not be issued after December 31, 2010.

(v)

Windows and Doors Specialty Contractor.

(1)

For the purposes of this Chapter, Windows and Doors Specialty Contractor means a contractor whose practice and scope of work are limited to the installation, repair, fabrication, erection, alteration, addition to or design of exterior doors, windows, shutters and associated accessories.

(2)

It shall be unlawful for a person to engage in the business of a Windows and Doors Specialty Contractor who does not hold a valid contractor certificate issued by the Board in that category, or in the category of a certified or registered general, building, residential or non-structural siding contractor.

(3)

Notwithstanding other provisions of this Section, the Board may:

(i)

Establish a certificate of competency classification of specialty contractor known as a Windows and Doors Specialty Contractor and certify persons in that classification as qualified to have the knowledge and skill to perform the work within that classification.

(ii)

Adopt rules to regulate the issuance, supervision and revocation of a Windows and Doors Specialty Contractor certificate of competency, including the requirement for the appropriate examination as defined by (iii) below, proof of at least two years practical experience, the payment of reasonable fees not to exceed those of masters qualifying other trades within the scope of this Chapter and other regulations found necessary by the Board to administer this paragraph.

(iii)

Issue a certificate of competency for a Windows and Doors Specialty Contractor upon the applicant's passing successfully both the trade and contractor administration examinations with a grade of 75 or above.

(iv)

Upon payment of the appropriate fee and completion of an approved Application for Contractor Certificate, provided it can be verified by the Board that the individual has at least two (2) years of experience in performing windows and doors work as of June 1, 2011, the Board shall issue a Windows and Doors Specialty Contractor Certificate of Competency without examination. Application for this "grandfather" provision must be made to the Board no later than June 1, 2012.

(w)

Plastering and Stucco Specialty Contractor.

(1)

For the purposes of this Chapter, Plastering and Stucco Specialty Contractor means a contractor whose practice and scope of work are limited to the application of the sand or other aggregate, plaster, gypsum, Portland cement, quick lime, and water, or any combination of these materials, to create a surface which offers a mechanical key support of such coatings or to which such coatings will adhere by suction, and to provide key or suction basis necessary and incidental to the support of such coatings.

(2)

It shall be unlawful for a person to engage in the business of a Plastering and Stucco Specialty Contractor who does not hold a valid contractor certificate issued by the Board in that category, or in the category of a certified or registered general, building, or residential contractor.

(3)

Notwithstanding other provisions of this Section, the Board may:

(i)

Establish a certificate of competency classification of specialty contractor known as a Plastering and Stucco Specialty Contractor and certify persons in that classification as qualified to have the knowledge and skill to perform the work within that classification.

(ii)

Adopt rules to regulate the issuance, supervision and revocation of a Plastering and Stucco Specialty Contractor certificate of competency, including the requirement for the appropriate examination as defined by (iii) below, proof of at least two years practical experience, the payment of reasonable fees not to exceed those of masters qualifying other trades within the scope of this Chapter and other regulations found necessary by the Board to administer this paragraph.

(iii)

Issue a certificate of competency for a Plastering and Stucco Specialty Contractor upon the applicant's passing with a grade of 75 or above both the trade examination and Contractor Administration Examination.

(iv)

Upon payment of the appropriate fee and completion of an approved Application for Contractor Certificate, provided it can be verified by the Board that the individual has at least two (2) years of experience in performing plastering and stucco work as of June 1, 2011, the Board shall issue a Plastering and Stucco Specialty Contractor Certificate of Competency without examination. Application for this "grandfather" provision must be made to the Board no later than June 1, 2012.

(x)

Marine Specialty Contractor.

(1)

For the purposes of this Chapter, Marine Specialty Contractor means a contractor whose practice and scope of work involve one or more aspects of marine contracting, including, but not limited to, the installation, alteration, extension, construction, repair, maintenance, relocation and replacement of supporting members of piers, fixed and floating docks, wharfs, piles, pilings, columns, posts, stanchions, boathouses, all mooring devices, seawalls, bulkheads, boatlifts, boat ramps, revetments, cofferdams and all other marine structures and other associated work. The scope of work shall include all construction below, above or beyond the mean low water line for the sole purpose of erecting or dismantling piers, docks and seawalls. Nothing in this subsection shall be deemed to restrict or limit in any manner the scope of work authorized by law or other contractor classifications.

(2)

Marine Specialty Contractors must maintain applicable workers' compensation and general liability insurance as required by State and federal law, including, but not limited to, the provisions of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq., and Title 46 U.S.C.

(3)

It shall be unlawful for a person to engage in the business of a Marine Contractor who does not hold a valid contractor certificate issued by the Board in that category, or in the category of a certified or registered general, building or residential contractor.

(4)

Notwithstanding other provisions of this Section, the Board may:

(i)

Establish a certificate of competency classification of specialty contractor known as a Marine Specialty Contractor and certify persons in that classification as qualified to have the knowledge and skill to perform the work within that classification.

(ii)

Adopt rules to regulate the issuance, supervision and revocation of a Marine Specialty Contractor certificate of competency, including the requirement for the appropriate examination as defined by (iii) below, proof of at least four years practical experience, the payment of reasonable fees not to exceed those of masters qualifying other trades within the scope of this Chapter and other regulations found necessary by the Board to administer this paragraph.

(iii)

Issue a certificate of competency for a Marine Specialty Contractor upon the applicant's passing with a grade of 75 or above both the trade examination and Contractor Administration Examination.

(iv)

Upon payment of the appropriate fee and completion of an approved Application for Contractor Certificate, provided it can be verified by the Board that the individual has at least four (4) years of experience in marine contracting as of September 30, 2012, the Board shall issue a Marine Specialty Contractor Certificate of Competency without examination. Application for this "grandfather" provision must be made to the Board no later than June 30, 2012.

(y)

Demolition Specialty Contractor.

(1)

For the purposes of this Chapter, Demolition Specialty Contractor means a contractor whose practice and scope of work is limited to the demolition of buildings, residences and structures not exceeding three stories or 50 feet in height. Partial structural demolition shall not be included in this scope of work.

(2)

After December 1, 2012, it shall be unlawful for a person to engage in the business of a Demolition Specialty Contractor who does not hold a valid contractor certificate issued by the Board in that category, a certified or registered Chapter 489, Part I, Division I license, or a local specialty contractor license.

(3)

Notwithstanding other provisions of this Section, the Board may:

(i)

Establish a certificate of competency classification of specialty contractor known as a Demolition Specialty Contractor and certify persons in that classification as qualified to have the knowledge and skill to perform the work within that classification.

(ii)

Adopt rules to regulate the issuance, supervision and revocation of a Demolition Specialty Contractor certificate of competency, including the requirement for the appropriate examination as defined by (iii) below, proof of at least two years of practical experience, one of which shall be in a supervisory capacity, the payment of reasonable fees not to exceed those of masters qualifying other trades within the scope of this Chapter, the issuance of grandfathered certificates, and other regulations found necessary by the Board to administer this paragraph.

(iii)

Issue a certificate for a Demolition Specialty Contractor upon applicant's completion of both an approved Application for Examination and Application for Contractor Administration Examination, proof of at least two years of practical experience, one of which shall be in a supervisory capacity, and the applicant's successfully passing the appropriate certification examination with a grade of 75 or above.

(iv)

Issue a Demolition Specialty Contractor Certificate of Competency without examination upon payment of the appropriate examination fee and completion of an approved Application for Contractor Certificate, provided it can be verified by the Board that the individual has at least two years of experience in performing demolition work as of June 1, 2013. Application for this grandfathered provision must be made to the Board no later than June 1, 2013.

(Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-259-261, § 1; Ord. 72-445-373, § 1; Ord. 73-1103-584, § 2; Ord. 74-141-56, § 1; Ord. 74-145-247, § 4; Ord. 74-275-118, § 3; Ord. 74-276-213, § 1; Ord. 74-699-474, § 1; Ord. 81-202-98, § 1; Ord. 81-98-403, § 4; Ord. 83-591-400, § 1; Ord. 83-516-386, § 1; Ord. 85-1201-663, § 13; Ord. 89-597-280, § 1; Ord. 90-614-282, § 1; Ord. 90-1043-562, § 4; Ord. 90-1159-567, § 2; Ord. 91-521-310, § 1; Ord. 91-831-599, § 1; Ord. 93-723-755, § 2; Ord. 93-1691-1043, § 2; Ord. 94-193-92, § 1; Ord. 94-194-123, § 3; Ord. 95-1-5, § 1; Ord. 96-507-287, § 2; Ord. 97-809-E, § 2; Ord. 1999-155-E, § 1; Ord. 2000-54-E, § 2; Ord. 2000-849-E, § 1; Ord. 2001-732-E, § 1; Ord. 2001-1277-E, § 1; Ord. 2002-280-E, §§ 1, 2; Ord. 2002-606-E, § 1; Ord. 2002-1040-E, § 1; Ord. 2003-202-E, § 1; Ord. 2007-1039-E, § 2; Ord. 2010-67-E, § 1; Ord. 2010-147-E, § 1; Ord. No. 2010-714-E, § 1; Ord. 2011-444-E, §§ 1, 2; Ord. 2012-86-E, § 1; Ord. 2012-630-E, § 1; Ord. 2017-665-E, § 20)

Sec. 342.111. - Responsibilities of certified craftsmen.

(a)

It is unlawful for a qualifying agent to allow his name to be used to obtain permits for work:

(1)

Which is to be done by anyone who is not a bona fide employee of the contracting business entity certified by the Board or by the State.

(2)

Which is not done under the supervision, direction and control of the qualifying agent.

(b)

It is the responsibility of the qualifying agent or maintenance craftsman obtaining a permit under his name to ensure that:

(1)

Work done under the permit complies with the laws and regulations related to the work.

(2)

The work is done by craftsmen holding valid certificates where required. For this purpose, a certified or registered craftsman is deemed to do the work if he is in direct charge of the work, is continuously present on the site where the work is being done and is assisted by no more than four helpers.

(c)

It is unlawful for a qualifying agent, master, journeyman, serviceman, installer craftsman or property maintenance craftsman:

(1)

To do or assist in work for which a permit has been issued to an owner.

(2)

To do work for which no permit has been issued where a permit is required.

(d)

Each qualifying agent shall register with the Board the name and address of his employer. Each craftsman employed as a maintenance craftsman or property maintenance craftsman shall register with the Board by application as stated in Section 342.112(e) the name and address of his employer and the address of the location where the maintenance craftsman or property maintenance craftsman will perform maintenance or minor repair work. No craftsman shall be employed as a maintenance craftsman or property maintenance craftsman by more than one employer at a time or for more than two employers in a 30-day period. No property maintenance craftsman shall serve as a qualifying agent. No certificate holder shall serve as a qualifying agent for more than one business entity at a time or for more than two business entities in a 12-month period.

(e)

Each qualifying agent and each maintenance craftsman shall promptly notify the Executive Director of the Board of a change in employment. If a contractor has obtained a permit for work to be done under the supervision of a master craftsman serving as a qualifying agent who later leaves the contractor's employ, work authorized by the permit may be done by qualified journeyman craftsmen notwithstanding the lack of supervision by a master craftsman, but only as provided in Section 342.115(c). If a contractor has obtained a permit for work to be done under the supervision of a qualifying agent not holding a master certificate, who later leaves the contracting entity's employ, work authorized by the permit may be completed under the supervision of the business entity's proprietors, partners, or directors as regulated by Section 342.120.

(f)

Where a master craftsman or applicant has notified the Board, by endorsement of an application for a contractor's certificate or otherwise, that he is serving as qualifying agent for a contracting business entity, the qualifying agent shall be held responsible for assuring that work done by the contractor is in compliance with all provisions of this Code applicable thereto and the laws of the State applicable to the regulation of contractors in the construction trades. A qualifying agent is required to carry out the responsibilities delineated by law and, if a qualifying agent allows his certificate to be used by a company without having an active participation in the operations, management or control of that company, this act constitutes prima facie evidence of an intent to evade the law. It is the express intent of these regulations that a qualifying agent will be physically capable of carrying out his responsibilities at all times while serving in that capacity.

(g)

A craftsman who holds a certificate of competency with the Board as a maintenance craftsman shall be held responsible for assuring that all maintenance and minor repair work done by him or under his supervision is in compliance with all applicable provisions of this Code. A maintenance craftsman is responsible for obtaining a permit where required. The Board shall ensure that each craftsman employed as a maintenance craftsman is fully aware of his responsibilities before such craftsman is approved to obtain permits.

(h)

Any governmental agency or multifamily rental property owner desiring to qualify maintenance craftsman for the sole purpose of maintaining and making minor repairs to their own systems, apparatus and equipment may do so regardless of the number of addresses, provided they meet the qualifications outlined in this Chapter.

(i)

Each property maintenance craftsman shall promptly notify the Executive Director of the Board of a change in employment.

(j)

A craftsman who holds a certificate of competency with the Board as a property maintenance craftsman shall be held responsible for assuring that all maintenance and minor repair work is in compliance with the applicable provisions of this code.

(Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-218-140, § 7; Ord. 74-275-118, § 4; Ord. 81-98-403, § 5; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 13; Ord. 87-352-168, § 2; Ord. 88-39-36, § 1; Ord. 90-1043-562, § 5; Ord. 90-1159-567, § 3 ; Ord. No. 91-1153-467, § 2; Ord. 93-1691-1043, § 3; Ord. 97-809-E, § 3; Ord. 2001-732-E, § 1; Ord. 2002-1040-E, § 1)

Sec. 342.112. - Craftsman certificates for installers, servicemen, journeymen, master maintenance craftsmen, property maintenance craftsmen, specialty contractors and subcontractors.

A craftsman certificate for an installer, serviceman, journeyman, master, property maintenance craftsman, specialty contractor or subcontractor may be obtained in the following manner:

(a)

The applicant shall apply on a form prescribed by the Board. The Board shall retain the application and supporting papers as a permanent record as long as the certificate issued thereon is valid and then in accordance with the records retention requirements of Part 2, Chapter 124.

(b)

To be eligible for a journeyman certificate, the applicant shall have and shall include in his application evidence of at least four years of practical experience as an apprentice or helper in the trade or craft concerned, or such other relevant experience or training hours as may be approved by the Board.

(c)

To be eligible for a master electrician certificate, the applicant shall have and shall include in his application evidence of at least four years of practical experience as a journeyman in the electrical trade or craft under a valid craftsman or contractor certificate issued by an agency acceptable by the Board. To be eligible for a master plumber or master HAR certificate, the applicant shall have and shall include in his application evidence of at least two years of practical experience as a journeyman in the trade or craft concerned under a valid craftsman or contractor certificate issued by an agency acceptable by the Board. Practical experience for master plumber and master HAR must include a minimum total of six years in the trade or craft concerned. The Board may accept one of the following in lieu of journeyman experience if it is in a field which would qualify the applicant in the trade or craft concerned:

(1)

A bachelor or equivalent degree in engineering from an accredited college or university and two years of proven experience in the trade requested.

(2)

Registration by the State as a professional engineer and two years of proven experience in the trade requested.

(3)

The demonstration of six years of acceptable experience as determined by the Board for a master plumber or HAR certificate. The demonstration of at least eight years of acceptable experience for a master electrician as determined by the Board.

(4)

Not less than one year of experience in the installation of water treatment equipment the supervision of a master water treatment installer, or other acceptable experience as approved by the Board, which may be acceptable only in that category.

(d)

Each applicant shall successfully pass an examination as provided in Section 342.113.

(e)

To be eligible for a maintenance craftsman certificate, the applicant shall have and shall include in his application, evidence of holding a valid certificate of competency as a master or journeyman craftsman or a Certificate of Registration as a journeyman issued by the Board and must include the name of his employer, his place of employment, and written confirmation from the property owner or his agent that the craftsman has been employed for that purpose as stated in Section 342.103(g) and must appear before the Board for a determination that the craftsman is fully aware of his responsibilities.

(f)

To be eligible for a installer or serviceman certificate the applicant shall have and shall include in his application evidence of at least two years of practical experience as an apprentice or helper in the trade or craft concerned.

(g)

To be eligible for a certificate of competency as a carpentry subcontractor, the applicant shall have and shall include in his application, evidence of at least four years of practical experience in the trade and no less than two years of which must be in a supervisory or managerial position. In lieu of the practical experience, up to two years can be substituted for an equal time spent in a trade or vocational school.

(h)

To be eligible for a certificate of competency as an irrigation contractor, the applicant shall have and shall include in his application, evidence of at least four years of practical experience in the trade with no less that two of these years being either in a supervisory position, managerial position or under an irrigation contractor.

(i)

To be eligible for any classification of pool specialty subcontractor, the applicant shall have and shall include in his application, evidence of at least three years of practical experience in the trade classification for which they have applied with no less than one of these years being either in a supervisory or managerial position under a certified pool contractor or pool specialty subcontractor.

(j)

To be eligible for a certificate of competency as a property maintenance craftsman, the applicant shall have and shall include in the application verifiable evidence of at least one year practical experience in performing minor repairs to systems, apparatus and equipment as the owner or as a regular employee of a multifamily property owner, business, governmental agency or other business requiring maintenance and minor repairs to such systems, apparatus and equipment.

(Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-751-351, § 2; Ord. 72-218-140, § 1; Ord. 73-1286-647, § 1; Ord. 74-699-474, § 3; Ord. 77-287-115, § 5; Ord. 80-139-110, § 1; Ord. 83-591-400, § 1; Ord. 84-1240-655, § 3; Ord. 85-1201-663, § 13; Ord. 90-1043-562, § 6; Ord. 90-1159-567, § 4; Ord. 91-521-310, § 1; Ord. 93-723-755, § 3; Ord. 93-1980-1115, § 1; Ord. 94-194-123, § 4; Ord. 96-507-287, § 3; Ord. 97-809-E, § 4; Ord. 1999-10-E, § 2; Ord. 2000-674-E, § 1; Ord. 2001-732-E, § 1; Ord. 2007-193-E, § 1; Ord. No. 2010-714-E, § 1)

Sec. 342.113. - Examination of masters, journeymen, servicemen, and installers.

(a)

In each category where a contractor or craftsman certificate is required by Section 342.110, the Board shall offer examinations for contractors, master craftsmen, journeymen, serviceman, and installer craftsmen at times and places designated by the Board approved examination vendors. The Board shall adopt a schedule for examinations in all required categories at its first meeting each fiscal year. The schedule shall be publicly posted in the office of the Building Inspection Division. The schedule for each type of examination in each category shall be evenly distributed throughout the year. No examination shall be given at a time other than as adopted in the posted schedule, except that the Board may authorize a special contractor examination if an applicant demonstrates that he will suffer an undue hardship if required to await the scheduled examination.

(b)

To be eligible for a scheduled examination, an applicant must file his application with the Board at least 30 days before the date of the examination.

(c)

Each application for examination certificate and renewal shall include a receipt from the Tax Collector showing payment of a nonrefundable fee. The following application fees are found at the following City of Jacksonville webpage: www.coj.net/fees:

(i)

Contractor/administration examination

(ii)

Special contractor examination

(iii)

Master craftsman examination

(iv)

Journeyman craftsman examination

(v)

Serviceman examination

(vi)

Installer examination

(d)

The Board shall employ consultants or professional testing agencies experienced in the administration of similar examinations to prepare, conduct and grade examinations. Prior to administration of a craftsman examination, the level of competency and type of examination shall be approved by a committee appointed by the Board of not less than two craftsmen who are certified in the category to be examined. Prior to administration of a contractor examination, other than a special contractor examination, the contents of the examination shall be approved by a committee appointed by the Board of not less than two contractors certified by the Board.

(e)

Each applicant shall be examined by an objective examination. An examination candidate having either a documented disability or a lack of reading skill may petition the Board to take an oral examination administered by the examination vendor under approved psychometric and/or Americans with Disabilities Act guidelines.

(f)

The passing grade for every examination is at least 75 percent.

(g)

Examinations shall test the applicant's knowledge of the portions of the Building Code and other laws, rules and principles as are relevant to the trade or craft concerned. Journeymen, serviceman and installer examinations shall be practical and elementary but sufficiently strict to test the applicant's ability to install, erect and perform the work necessary to make a safe, complete and adequate installation of the type of construction or installation done by the trade or craft concerned and may include mathematical problems as well as technical questions. Master examinations shall be comprehensive and shall test the applicant's ability to plan, lay out, supervise and do the work of the trade or craft concerned and may include mathematical problems as well as technical questions. Contractor examinations shall test the applicant's knowledge of those laws and regulations which are determined by the Board to be applicable to the operation of a construction business in the State of Florida including, but not limited to, employer's tax laws, unemployment compensation, workmen's compensation, lien laws, general business and construction safety.

(h)

The examination shall be of a multiple-choice, fill-in or true-false character or may include or consist of diagrams, plans or sketches upon or in connection with which the applicant is required to demonstrate his/her knowledge of circuits, installation or the like. No question on an examination shall be of a discussion or essay type. If the open book testing technique is used, questions may provide for multiple-choice, true-false, matching, completion or mathematical responses or may require the completion of plans, sketches or diagrams.

(i)

Each examination answer sheet shall identify the applicant only by a number assigned by the Board or the examination vendor. The Board or examination vendor shall ensure that the grader has no knowledge of a applicant's identity.

(j)

Each applicant who passes an examination will be issued a certificate of competency in the trade and category for which the examination was given, for those who pass the examination in August or September of the first biennial year a renewal fee as found in www.coj.net/fees shall be charged for the first biennial certificate. Applicants applying for reciprocity shall pay the required reciprocity fees found in Chapter 489, Florida Statutes, plus the required renewal fees.

(k)

The Board has the right at its discretion, based on careful review of extenuating circumstances or Board error beyond the applicant's control, to refund the application fee.

(l)

For purposes of a certificate of competency, a passing grade shall be valid only for a period of one year from the date the list of successful candidates is approved by the Board.

(m)

Failure of a successful candidate to place the certificate of competency either on active or inactive status within one year from the date the Board approved the successful candidate shall render the passing grade null and void requiring the candidate to take the examination again.

(Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-218-140, §§ 2—5; Ord. 73-330-239, §§ 1, 2; Ord. 74-275-118, § 5; Ord. 83-591-400, § 1; Ord. 84-1240-655, § 4; Ord. 85-1201-663, § 13; Ord. 90-593-268, § 2; Ord. 90-1043-562, § 7; Ord. 90-1159-567, § 5; Ord. 93-1266-450, § 1; Ord. 98-673-E, § 11; Ord. 98-720-E, § 2; Ord. 1999-899-E, § 1; Ord. 2000-54-E, § 3; Ord. 2017-665-E, § 20; Ord. 2018-347-E, § 3)

Note— Former § 950.113.

Sec. 342.114. - Correction of errors in certificate-issuing process.

(a)

If the Board determines that a contractor or craftsman certificate has been issued or is outstanding because of error of law or of fact or because of administrative error, the Board may revoke or correct the certificate after written notice to the certificate holder and a reasonable opportunity for him to be heard, but without charges, findings or other formal requirements. Failure to return a revoked certificate or to deliver a certificate for correction to the Board upon demand is an offense.

(b)

The Board may correct an error of law or fact or an administrative error which resulted in the denial of an application for a contractor or craftsman certificate.

(Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 13)

Note— Former § 950.114.

Sec. 342.115. - Contractor certificate holders maintaining qualifications; revocation or suspension upon failure to maintain.

(a)

Except as provided in subsections (b) and (c) of this Section, whenever the holder of a contractor certificate fails to maintain one or more of the qualifications required for the issuance of a certificate, he shall, within five days, report his lack of qualifications to the Board. His certificate is automatically suspended from the date on which he first failed to maintain all of the required qualifications until he reestablishes his qualifications. In lieu of suspension and on request of the holder, the Board may declare the certificate inactive for a stated period of time, otherwise inactive and suspended certificates under this Section become invalid after six months and shall not thereafter be renewed.

(b)

Except for placing a certificate on inactive in lieu of suspension as stated under subsection (a) of this Section, a contractor may at any time place his certificate on voluntary inactive status for an undetermined number of renewal periods by paying one-half of the annual renewal fee as set for an active contractor certificate, but will not be required to carry any insurance. At the time of placing oneself on voluntary inactive status, the contractor shall relinquish his current contractor certificate and be issued a new certificate marked "Inactive." To return to an active status from a voluntary inactive status, a contractor must complete a new application and all supporting documents, including current insurance and documentation of a current "Inactive" license and appear before a hearing of the Board. Upon approval by the Board, the contractor shall relinquish his "Inactive" license and shall be issued a current active license and shall pay the current renewal fee.

(c)

If a contractor fails to have a required qualifying agent for a period of 60 consecutive days, his contractor's certificate is automatically suspended. During the 60-day period, the contractor may complete all work for which any permits have been issued prior to the loss of the agent but he may not obtain a new permit or contract for new work. Upon suspension, the contractor shall cease all work. Until a suspended certificate becomes invalid under subsection (a) of this Section, but not thereafter, suspension automatically terminates when the Board approves a new qualifying agent.

(d)

If the insurance required by Section 342.105(b)(7) has expired or has been terminated for any reason, the contractor certificate is suspended as of the effective date of the expiration or the termination of the insurance. For purposes of suspension, a copy of the valid certificate of insurance shall have been sent to the Board office by midnight of the effective date of expiration or termination of the certificate of insurance. The contractor shall cease all work upon suspension. The suspension automatically terminates when the contractor again files evidence of a sufficient certificate of insurance with the Board, submits the proper reinstatement form and pays a fee as found in www.coj.net/fees.

(Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 74-275-118, § 6; Ord. 81-98-403, § 5; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 13; Ord. 90-593-268, § 3; Ord. 93-1311-756, §§ 1, 4; Ord. 2000-553-E, § 1, 7-5-00; Ord. 2017-665-E, § 20)

Note— Former § 950.115.

Sec. 342.116. - Revocation or suspension of certificate of competency; denial of examination application.

(a)

The Board may suspend or revoke a certificate of competency of a contractor or craftsman or a Certificate of Registration of a journeyman who is found guilty by the Board of any of the following:

(1)

Violation of a provision of F.S. Ch. 455, F.S. Ch. 489, F.S. Ch. 553 or any other State statute pertaining to building regulations (or restrictions) or the construction trades.

(2)

Attempting to procure a certificate to practice contracting or one of the trades governed by this Section by bribery or fraudulent misrepresentations.

(3)

Being convicted or found guilty, regardless of adjudication, in any jurisdiction of a crime which directly relates to the practices herein regulated.

(4)

Signing a statement with respect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for all subcontracted work, labor and materials which results in a financial loss to the owner, purchaser or contractor; or falsely indicating that workers' compensation and public liability insurance are provided.

(5)

Commission of an act which constitutes deceit, negligence, incompetency or misconduct in the practice regulated.

(6)

Practicing on a revoked, suspended or inactive certificate.

(7)

Willfully or deliberately disregarding and violating the applicable building codes or laws of the State or City.

(8)

Performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificate holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered.

(9)

Knowingly combining or conspiring with an uncertified or unregistered person by allowing his certificate or registration to be used by the uncertified or unregistered person with the intent to evade the provisions of this Chapter. When a licensee allows his license to be used by one or more business organizations without having any active participation in the operations, management or control of such business organizations, such act constitutes prima facie evidence of an intent to evade the provisions of this Chapter.

(10)

Acting in the capacity of a contractor under a license issued hereunder except in the name of the licensee as set forth on the issued certificate, or in accordance with the personnel of the licensee as set forth in the application for the certificate or registration, or as later changed as provided in this Section.

(11)

Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when:

(i)

Valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 30 days after the date of such liens;

(ii)

The contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned;

(iii)

The contractor's job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, or was otherwise permitted by the terms of the contract between the contractor and the customer.

(12)

Acts or omissions by a licensee governed by this Chapter 342 which results in the denial, cancellation, revocation, suspension, or other discipline of a license's certificate of competency or other authorization to practice in a construction related field in another jurisdiction within ten years from the date of any disciplinary action or licensure pursuant to this Chapter will support the issuance of a formal complaint pursuant to this Chapter 342 and the commencement of disciplinary proceedings in this jurisdiction or, the denial of licensure, provided that the disciplinary action in the other jurisdiction is based upon grounds that would constitute misconduct in this jurisdiction. Proof of such acts or omissions may be shown by a copy of the transcript of record of the disciplinary proceedings in another jurisdiction or a copy of the final order, consent order, or similar order stating the basis for the action taken. Upon the filing of an initial complaint alleging the licensee has been disciplined in another jurisdiction, the licensee must produce for the Board copies of all transcripts, documents and orders used, relied upon, or issued in the other jurisdiction. Failure to produce such items within 90 days of the Board's request for them shall automatically result in the immediate, temporary suspension of the individual's license in this jurisdiction until such time as the items have been provided.

(13)

Failing in a material respect to comply with the provisions of this Chapter.

(14)

Abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project is to be considered abandoned after 90 days if the contractor terminates the project without notification to the prospective owner and without cause.

(15)

Proceeding on any job without obtaining applicable local building department permits and inspection.

(16)

Falsifying a letter of qualification of any craftsman applying for an examination or a Certificate of Registration given by the Board or fraudulent misrepresentation of craftsman experience or years in service.

(17)

Commission of an act or acts which constitutes gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property.

(b)

An interested party may file with the Board written charges against a certificate holder alleging a ground for disciplinary action listed in subsection (a) of this Section. If the charges state a proper basis for inquiry, the Board shall hold a public hearing to inquire into the facts upon which the charges are based. The public hearing shall be held only after at least ten days' written notice of the time and place of the hearing is given to the certificate holder against whom the charges are made and to the person filing the charges. Notice to the certificate holder shall be given by regular and certified mail to his last address of record known to the Board and shall include a brief description of the charges.

(c)

The administrative hearing of charges shall be open to the public. The Board shall keep a record of those testifying but need not record the testimony given. Proceedings and testimony at the hearing may be recorded by a party at his own expense.

(d)

The hearing need not be conducted according to technical rules relating to evidence and witnesses. Relevant evidence shall be admitted if the Board finds it competent and reliable, regardless of the existence of a common law or statutory rule which might make improper the admission of the evidence. Hearsay evidence may be used for the purpose of supplementing or explaining a direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible in a civil action. The rules of privilege shall be effective to the same extent that they are then recognized in civil actions. Irrelevant and unduly repetitious evidence shall be excluded.

(e)

Each party shall have the right:

(1)

To call and examine witnesses.

(2)

To introduce exhibits.

(3)

To cross-examine opposing witnesses on a matter relevant to the issues even though that matter was not covered in the direct examination.

(4)

To impeach a witness regardless of which party first called him to testify.

(5)

To rebut the evidence against him.

(f)

The Board shall render a decision during an open hearing and shall, within 15 days after the close of the hearing, provide a written decision to the certificate holder and the party filing the charges. The decision may be:

(1)

Not guilty.

(2)

Guilty and:

(A)

Suspension of the certificate, stating conditions prescribed for lifting of the suspension or a date of expiration of suspension. The decision to suspend a master craftsman certificate shall include a decision whether to issue a journeyman craftsman certificate to replace the revoked or suspended certificate; or

(B)

Revocation of the certificate, stating the effective date. The decision to revoke a master craftsman certificate shall include a decision whether to issue a journeyman craftsman certificate to replace the revoked or suspended certificate; or

(C)

An official letter of reprimand, to become a part of the certificate holder's permanent file; or

(D)

Inclusion of a probationary period, wherein future offenses will be grounds for increasing the punishment for the present violation; or

(E)

May require restitution, or

(F)

A fine not to exceed $5,000, or

(G)

A combination of (A), (B), (C), (D), (E) and (F) above.

(H)

Assess reasonable investigative and legal cost for the prosecution of the violation against the violator.

(I)

Shall issue a recommended penalty to either the Florida Construction Industry Licensing Board or the Florida Electrical Contractors Licensing Board. The recommended penalty may include a recommendation for no further action, or a recommendation for suspension, revocation, or restriction of the registration, or a fine to be levied by the appropriate Board, or a combination thereof.

(J)

The Board shall inform the disciplined qualifying agent (contractor) and the complainant of the penalty imposed, the Board's penalty recommendation, and the defendant's rights to appeal, and the consequences should he decide not to appeal.

(K)

Upon having reached adjudication of having accepted a plea of nolo contendere, shall within 15 days notify the appropriate State board of its action and the Board's recommended penalty.

(g)

Failure to return a revoked or suspended certificate to the Board upon demand is an offense.

(h)

In order to reactivate a suspended contractor or craftsman certificate of competence under Section 342.116, the certificate holder will have to file a new application and pay a reinstating fee as found in www.coj.net/fees for the following:

Contractor

Master

Journeyman

Serviceman

Installer

(i)

The Board may deny an application for any examination or Certificate of Registration given by the Board based on any of the following:

(1)

Applicant does not meet the qualifications of Section 342.112 or Section 342.122;

(2)

Application contains incomplete, incorrect, unverified, or fraudulent information;

(3)

Applicant was caught cheating or assisting others to cheat on previous examination, including allowing the examination to be stolen or taken from test site;

(4)

Attempting to, or forging a certificate of competency;

(5)

Attempting to procure a certificate to practice one of the trades governed by this Section by bribery or fraudulent misrepresentation; and

(6)

Being convicted or found guilty, regardless of adjudication, in any jurisdiction of a crime which directly relates to the practices herein regulated.

(j)

Applicants who are excluded by subsection (i) of this Section from taking any examinations offered by the Board, may after five years appeal to the Board for reconsideration, except those applicants whose applications contained incomplete, incorrect, or unverified information, or who did not meet the eligibility requirements may reapply at any time upon meeting the requirements.

(k)

A disciplined contractor or the complainant may challenge the Board's recommended penalty for action by the appropriate State board to the Construction Industry Licensing Board. A challenge shall be filed within 30 days of the issuance of the recommended penalty to the appropriate State board.

(l)

Failure of the disciplined contractor or the complainant to challenge the Board's recommended penalty within the time period set forth in this subsection shall constitute a waiver of a right to a hearing before the appropriate State board. A waiver of the right to a hearing before the appropriate State board shall be deemed an admission of the violation and the recommended penalty shall become a final order.

(m)

Fines collected pursuant to this subsection shall be set aside and divided equally in a specific fund to support future enforcement activities against licensed and unlicensed contractors by the Building Inspection Division, and the Construction Trades Qualifying Board.

(n)

Legal and investigative cost collected pursuant to this subsection shall be set aside in a specific fund and distributed between the Building Inspection Division, the Construction Trades Qualifying Board and the Clerk of the Circuit Court, to cover their respective expenses.

(o)

The Board may assess interest payments on all fines imposed under this subsection against any person or business organization which has not paid the imposed fine by the due date established by Board rule or final order. Interest rates to be imposed shall be established by Board rule and shall not be usurious.

(p)

The Board shall not issue or renew a certificate of competency or Certificate of Registration to any person who has been assessed a fine, interest payments, or costs associated with investigation and prosecution, until such fine, interest payments, or costs associated with investigation and prosecution are paid in full.

(Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 74-275-118, § 7; Ord. 81-98-403, § 7; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 13; Ord. 86-499-300, § 1; Ord. 89-342-142, § 1; Ord. 90-593-268, § 4; Ord. 90-1159-567, § 6; Ord. 91-521-310, § 1; Ord. 92-1656-1122, § 1; Ord. 93-1981-1116, § 1; Ord. 97-809-E, § 5; Ord. 1999-10-E, § 4; Ord. 2001-35-E, § 2; Ord. 2017-665-E, § 20)

Note— Former § 950.116.

Sec. 342.117. - Enforcement, interpretation, appeals and judicial review.

(a)

It shall be the duty of the Chief of Building Inspection to interpret and enforce the provisions of this Chapter as related to the activities of contractors and craftsmen regulated herein.

(b)

Where it is alleged there is error in an order, requirement, decision or determination made by the Chief of Building Inspection in the interpretation or enforcement of this Chapter, an appeal may be made to the Board, which shall conduct a hearing into the matter in the same manner as provided in Section 342.116 for other hearings. Following the hearing, the Board shall notify the applicant and the Chief of its decision.

(c)

Judicial review shall be as provided by law.

(Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-218-140, § 6; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 13; Ord. 98-673-E, § 11)

Note— Former § 950.117.

Sec. 342.118. - Certificates nontransferable; renewal.

(a)

Beginning with the 1999 renewal year, each contractor certificate or craftsman certificate shall be renewed every two years. The Board shall be responsible for the mailing of the application for renewal. Contractor certificates and craftsman certificates are nontransferable and shall expire on the last day of September of the current licensure cycle. The Board shall renew these certificates biennially upon request and payment of the renewal fee; except the fee may be waived by the Board on a craftsman certificate that has been valid for 50 years or more if such certificate is not being used to qualify a company. The Renewal fees listed below can be found electronically on the following City of Jacksonville webpage: www.coj.net/fees.

(1)

Contractor certificate

(2)

Master craftsman certificate

(3)

Journeyman craftsman certificate

(4)

Serviceman certificate

(5)

Maintenance craftsman or property maintenance craftsman certificate

(6)

Installer certificate

(7)

Registered alarm contractor

(8)

Specialty subcontractor EXPAND (9) Inactive (contractors and specialty subcontractors) ½ of biennial renewal (10) Late fee Double fee for each late renewal cycle plus the appropriate application fee

The payment of a certificate renewal fee is required in addition to and is wholly unrelated to an occupational license fee required by any other law.

(b)

Failure of a certificate holder to renew the certificate of competency prior to the expiration of the renewal cycle shall cause the certificate to become delinquent. The holder of a delinquent certificate of competency shall pay a fee equal to double the renewal fee when renewing the certificate of competency prior to the expiration of the current licensure cycle, plus the appropriate application fee. A holder of a delinquent or invalid certificate, as defined in Section (c), shall not be allowed to engage in contracting, including pulling permits. The use of a delinquent or invalid certificate of competency to engage in contracting is a violation of this Section, and may be punishable by the Board with an administrative fine of up to $2,000 for each occurrence.

(c)

Failure of the holder of the delinquent certificate of competency to renew prior to the expiration of the current licensure cycle renders the certificate of competency invalid. The holder of the invalid certificate of competency must reapply in the same manner, including examination and all applicable fees. However, the Board may waive the examination requirements for good cause shown.

(d)

If the contractor fails to renew his certificate and fails to apply for a new certificate within six months after expiration of the original certificate, his certificate shall become invalid.

(e)

Lost certificates of competency or a structural welder's certificate will be replaced for a fee as found in www.coj.net/fees and a written request including an explanation by the certificate holder.

(f)

Contractors who are certified by either the Florida Construction Industry Licensing Board or the Florida Electrical Contractors Licensing Board and whose license is active and valid, and who previously held a journeyman or master certificate of competency issued by the Construction Trades Qualifying Board, and who let such certificate lapse upon becoming certified with the State, may be reinstated as a journeyman in that trade without examination, upon providing proof of such certification, completion of an application for certificate of competency, payment of a reinstatement fee as found in www.coj.net/fees, and approval of the Board.

(g)

Renewal fees for trades not requiring a master certificate of competency to qualify for a contractor certificate of competency shall pay a combined fee equal to the renewal fee of a master and contractor certificate of competency.

(Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-751-351, § 2; Ord. 81-489-215, § 1; Ord. 82-416-197, § 1; Ord. 83-591-400, § 1; Ord. 84-351-196, § 1; Ord. 85-1201-663, § 13; Ord. 86-148-81, § 1; Ord. 90-593-268, § 5; Ord. 90-1159-567, § 7; Ord. 92-1974-1442, § 1; Ord. 93-1691-1043, § 4; Ord. 1999-412-E, § 4; Ord. 2000-674-E, § 2; Ord. 2001-732-E, § 1; Ord. 2010-680-E, § 1; Ord. 2017-665-E, § 20)

Note— Former § 950.118.

Sec. 342.119. - Existing craftsman certificates continued.

(a)

A person who, on January 1, 1971, holds a valid certificate of competency issued by the City as a neon serviceman shall be issued, on request by the holder, a limited journeyman craftsman's certificate which authorizes him to continue to do electrical work on neon signs only. The Board shall continue to renew a limited certificate for a holder entitled thereto under this Section but shall not issue to any other person a new certificate as a neon serviceman.

(b)

The work previously required to be performed by supervisors of elevator electricians and elevator electricians is not included in this Chapter as a craft requiring certified craftsmen. The names of persons holding certificates of competency in these categories on January 1, 1971 shall be filed in the records of the Board. A future regulation which establishes requirements for this craft shall recognize these certificates and provide for continuation of or exchange for a new certificate required without further examination of the holder.

(c)

A person who, on March 15, 1973, held a valid certificate of competency (not including a temporary certificate of competency) or a business license or an occupational license issued by the administrative authority of the Second, Third, Fourth or Fifth Urban Services District as a master electrician, journeyman electrician, master plumber or journeyman plumber, the certificate of competency having been issued after completion of at least four years of practical experience and the person having passed a written examination administered by the issuing agency which is determined by the Board to have been equivalent to examinations given by the Second Urban Services District for that craft, shall be issued, on the request of the holder, a craftsman certificate by the Board in the same classification without further examination or evidence of competency and without payment of a fee within a reasonable time after submitting evidence to the Board of the examination and certification.

(d)

Current HAR certificates as contractor, master and journeyman in effect on September 30, 1974 shall be renewed as provided in Section 342.118 in the class A classification and shall be renewable thereafter in this classification unless the holder requests assignment of another designated classification established by Section 342.110(d)(2).

(e)

Current HAR Class B certificates as contractor, master and journeymen in effect as of March 1, 1991 shall be renewed as provided in Section 342.118 in the class A classification and shall be renewable thereafter in this classification. After March 1, 1991 certificates of competency for HAR Class B as contractor, master and journeyman will be issued based on the new qualifications as stated in Section 342.110(d)(2)(ii) and shall be renewable thereafter in this classification.

(f)

A person who, on September 30, 1991, holds a valid certificate of competency issued by the City as a Class C HAR contractor, master, or journeyman shall be issued on request by the holder, a limited contractor, master or journeyman craftsman certificate which authorizes him to continue to do work on fired-pressure vessels and all appurtenances, apparatus or equipment used connection therewith. The Board shall continue to renew a limited certificate for a holder entitled thereto under this Section but shall not test anyone in this classification nor issue to any other person a new certificate as a Class C HAR contractor, master or journeyman.

(g)

A person who, on September 30, 1991, holds a valid certificate of competency issued by the City as a Class D HAR contractor, master, or journeyman shall be issued on request by the holder, a limited contractor, master or journeyman craftsman certificate which authorizes him to continue to do work on low temperature equipment, commonly known as refrigeration, and all appurtenances, apparatus and equipment used in connection therewith. The Board shall continue to renew a limited certificate for a holder entitled thereto under this Section but shall not test anyone in this classification nor issue to any other person a new certificate as a Class D HAR contractor, master or journeyman.

(h)

A person who, on September 30, 1991, holds a valid journeyman or master certificate of competency, and who has been registered with the Board as a maintenance craftsman, shall re-register, completing an application and all supporting documents without further examination but must pay an application fee as found in www.coj.net/fees, and the current yearly renewal fee, within 90 days. After December 29, 1991, their right to draw any permits will be withheld until such time as they have completed the new application and all supporting documents. Thereafter, they shall be issued a certificate of competency as a maintenance craftsman stating their classification and place of employment, which shall be renewable thereafter in this classification unless the holder requests assignment as agent for another employer or property location, at which time this certificate would become void and a new application and all supporting documents would have to be filed. Anyone after September 30,1991, desiring to be registered with the Board as a maintenance craftsman who is not currently registered, must file an application and all supporting documents, pay an application fee as found in www.coj.net/fees, and the current yearly renewal fee which shall be renewable thereafter in this classification unless the holder requested an assignment as agent for another employer or property location or ceases to work as a maintenance craftsman, at which time this certificate becomes void. He must also appear at a hearing of the Board for approval in this classification. This certificate as a maintenance craftsman shall be in addition to any other master or journeyman certificate of competency.

(Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-259-261, § 2; Ord. 72-1194-627, § 1; Ord. 74-434-177, § 1; Ord. 74-276-213, § 2; Ord. 74-699-474, § 2; Ord. 75-872-409, § 1; Ord. 81-98-403, § 8; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 13; Ord. 90-1043-562, § 8; Ord. 2017-665-E, § 20)

Note— Former § 950.119.

Sec. 342.120. - Penalties.

(a)

It is unlawful for a person to violate a provision of this Chapter or fail to comply therewith. The proprietor, all partners and all directors of a firm or corporation are responsible for the acts of their respective agents and employees and it shall be a violation for a proprietor, partner or director to cause or to knowingly suffer or permit his agent or employee to violate a provision of this Chapter or fail to comply therewith or failed to take reasonable corrective action if he knew or should have known of the violation. Violations of this Chapter are civil infractions and are subject to a citation in the amount of $1,000. For repeat violations the fine will be increased by $250 for each additional violation up to a maximum of $2,000 per violation.

(b)

The City may institute proceedings in a court of competent jurisdiction against any person or business entity the Board has determined is guilty of violating this Chapter, either to enjoin further violations or to compel payment of civil penalties.

(c)

The Board may fine a person or business entity up to $2,500 per occurrence for each violation of this Chapter, file an appropriate lien to enforce payment, and/or revoke or suspend the business entity's pulling privileges upon a finding of a pattern of violations or a willful violation of Chapter 342, Ordinance Code. Each day a violation occurs at any location shall constitute a separate occurrence.

(d)

An owner shall be liable to the City for any property maintenance craftsman's violation of any part of this Chapter.

(Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 13; Ord. 90-1043-562, § 9; Ord. 92-1656-1122, § 2; Ord. 93-1691-1043, § 5; Ord. 2001-732-E, § 1; Ord. 2002-1040-E, § 1; Ord. 2005-1146-E, § 2; Ord. 2015-508-E, § 1)

Note— Former § 950.120.

Sec. 342.121. - Public hearings involving contractors certified or registered by State.

(a)

On its own motion or the verified written complaint of a person, the Board may hold a public hearing as described in Section 342.116 to inquire into facts related to charges filed against a contractor certified or registered under F.S. Ch. 489, Pt. I or Pt. II. The Board may take appropriate disciplinary action if the contractor is found to be guilty of wilful or deliberate disregard and violation of the applicable building codes of the State, the City or the Urban Services Districts or of committing an unlawful act enumerated in F.S. Ch. 489, Pt. I or Pt. II.

(b)

The Board shall report any disciplinary action taken against a contractor to the appropriate State licensing board within 15 days after the final action. In addition, the Board shall transmit monthly to the Florida Construction Industry Licensing Board a report of any disciplinary action taken against locally certified contractors who are required to register with the State Board by F.S. Ch. 489, Pt. I.

(c)

The Board is authorized to suspend the contractor's privilege of obtaining construction permits in Duval County for a stated period of time or until compliance with conditions prescribed by the Board.

(Ord. 75-413-270, § 2; Ord. 80-745-395, §§ 2, 3; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 13; Ord. 89-342-142, § 2)

Note— Former § 950.121.

Sec. 342.122. - Reciprocity/registration.

(a)

Reciprocity may be granted for the written portion of any examination given by the Board to any applicant who has met the following requirements:

(1)

Furnishes an original letter of reciprocity from the licensing official in the jurisdiction where the examination was administered stating the examination type and class, examination grade, years of experience prior to and after acquiring their Certificate of Competency, name of testing agency who prepared, proctored and graded the examination, the listing any disciplinary actions taken against applicant.

(2)

The municipality or County, upon whose certification, applicant is basing his request for certification pursuant to this Section, extends the same certification privileges to persons certified by the Board.

(3)

Obtained a minimum score of 75 percent on an examination prepared, proctored and graded by National Assessment Institute or Block and Associates, which examination is equivalent or similar to an examination offered by the Board.

(4)

Applicant meets the eligibility requirements established in Section 342.110. Category of certificate issued by Board will correspond to practical experience requirements defined in this subsection.

(5)

Applicant will be required to take, and score a minimum of 75 percent on, a practical examination given by this Board in those categories which required a practical examination in addition to the written examination.

(6)

Applicants for a Contractor Certificate of Competency must meet the qualifications of Section 342.105 for the class and category for which he/she is seeking certification.

(b)

Reciprocity will not be granted to anyone who has disciplinary charges or actions pending against them by the State, another licensing authority, municipality or County. Anyone with past disciplinary actions taken against them by the State, or other licensing authority, municipality or County, may petition the Board for reciprocity which may be denied under Section 342.116(a)(3).

(c)

Applicants for reciprocity of a Craftsman Certificate of Competency will file an Application for Registration/Reciprocity in the category requested, pay the fees as required in Section 342.113(c) and (j), however, the examination will be waived upon meeting all other qualifications.

(d)

Applicants for reciprocity as a Contractor will fill an Application for Registration/Reciprocity, pay the fees as required in Section 342.113(c), however, the examinations will be waived upon meeting all other qualifications, and an Application for Contractor Certificate of Competency with all supporting documents, and pay the fees as required in Section 342.104(4).

(e)

The Board may issue Letters of Reciprocity to any County or municipality which extends the same privileges to Duval County or Letters of Certification of Experience to those bodies not reciprocating, for a fee as found in www.coj.net/fees, to the applicant.

(f)

A Certificate of Registration may be granted to any journeyman desiring reciprocity from another County who has met the following requirements:

(1)

Furnishes an original letter of reciprocity from the licensing official in the jurisdiction where the examination was administered stating the examination type and class, examination grade, years of experience prior to and after acquiring their Certificate of Competency/License, name of the testing agency who prepared, proctored and graded the examination, and listing any disciplinary actions taken against applicant; and

(2)

Furnishes an active and valid journeyman Certificate of Competency/License issued by the County or municipality in which the examination was taken and passed; and

(3)

Has scored at least 70 percent, or after October 1, 1997, at least 75 percent, on a proctored National Assessment Institute or Block and Associates journeyman examination or other proctored examination approved by the Board for the trade in which he or she is licensed; and

(4)

Has completed an apprenticeship program registered with the Department of Labor and Employment Security and demonstrates four years of verifiable practical experience in the trade for which he or she is certified/licensed, or demonstrates six years of verifiable practical experience in the trade for which he or she is certified/licensed; and

(5)

Has not had a Certificate of Competency/License suspended or revoked within the last five years; and

(6)

Completes an Application for Registration/Reciprocity, provides the required documentation including a current, active journeyman Certificate of Competency from the reciprocating jurisdiction, and pays a registration fee as found in www.coj.net/fees.

(g)

Registrations are only valid for the current biennial licensure cycle, expiring on the last day of September of the current licensure cycle. The Board shall renew these certificates of registration biennially upon request and payment of the renewal fee and proof of an active journeyman certificate of competency from the reciprocating jurisdiction.

(h)

Failure of a registrant to renew the certificate of registration prior to the expiration of the renewal cycle, shall cause the certificate of registration to become delinquent. The holder of the delinquent certificate of registration shall pay a fee equal to double the fee for initial licensure when renewing the registration/reciprocity prior to the expiration of the current licensure cycle plus the appropriate application fee.

(i)

Failure of the holder of the delinquent Certificate of Registration to renew prior to the expiration of the current licensure cycle renders the Certificate of Registration invalid. The holder of the invalid Certificate of Registration must reapply for registration/reciprocity in the same manner, including fees, as an applicant for initial registration/reciprocity and pay any additional licensure fees necessary to equal those imposed during the missed delinquent/invalid renewal period.

(j)

The holder of a delinquent or invalid Certificate of Registration shall not engage in work of the trade without first renewing the delinquent or invalid Certificate of Registration and paying the appropriate fees.

(k)

A lost Certificate of Registration will be replaced for a fee as found in www.coj.net/fees, and a written request including an explanation by the certificate holder.

(Ord. 95-2-6, § 1; Ord. 96-813-472, § 1; Ord. 97-809-E, § 6; Ord. 98-720-E, § 3; Ord. 1999-412-E, § 5; Ord. 2017-665-E, § 20)

Sec. 342.123. - Notification of change of address and phone number of record.

(a)

Each holder of a certificate of competency shall be solely responsible for notifying the Board in writing, within ten days, of any change in the certificate holder's current mailing address of record and phone number. If the mailing address is not the certificate holder's physical address, the certificate holder shall also supply the physical address.

(1)

A certificate holder's failure to notify the Board of a change of an address and phone number of record shall result in the imposition of a change of address of record or phone number fees as found in www.coj.net/fees. Any such outstanding fee shall be paid prior to the renewal of any certificate of competency.

(2)

The certificate holder shall be responsible for retaining proof that the certificate holder has notified the Board of the certificate holder's current address and phone number of record.

(3)

Notwithstanding any other provision of law, service by regular and certified mail to a certificate holder's last known address of record, shall constitute adequate and sufficient notice to the certificate holder by the Board.

(Ord. 1999-10-E, § 3; Ord. 2017-665-E, § 20)

Sec. 342.124. - Alarm contractors.

(a)

To be registered as an alarm system contractor I, an alarm system contractor II, or a residential alarm system contractor as defined in F.S. § 489.505(21), (22) and (23), the applicant shall apply for a registration in the appropriate alarm system category with the Florida Electrical Contractors' Licensing Board. As a prerequisite for acceptance of this registration by the Board, the Board required payment of an initial registration fee as found in www.coj.net/fees, completion of the Contractor/Administration application, verification from the Florida Electrical Contractor's Board the applicant scored at least 75 percent on an examination approved by the Florida Electrical Contractors' Licensing Board, proof of at least three years technical experience in the trade as verified by the Florida Electrical Contractors' Licensing Board, and holding a valid occupational license.

(b)

The renewal of this registration shall be governed by the procedures as outlined under Section 342.118, Ordinance Code, as well as F.S. Ch. 489, Part II.

(c)

The biennial renewal fee shall be as found in www.coj.net/fees.

(d)

The requirement of this Section shall not apply to persons making application prior to the effective date of this act.

(Ord. 1999-412-E, § 6; Ord. 2001-35-E, § 3; Ord. 2017-665-E, § 20)

Subtitle E - CONSTRUCTION TRADES REGULATIONS Subtitle F - GAS CODE