Sec. 22-161. - Title and citation.

This article shall be entitled and may be cited as the "Collier County Contractors' Licensing Board Ordinance."

(Ord. No. 90-105, § 6.1)

Sec. 22-162. - Definitions and contractor qualifications.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Business organization means any partnership, corporation, business trust, joint venture, or other legal entity which engages or offers to engage in the business of contracting or acts as a contractor as defined in this section.

Contracting means, except as exempted in this part, engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define types of contractors. The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. If the services offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted sale of these services requires the corresponding licensure. However, the term "contracting" shall not extend to an individual, partnership, corporation, trust, or other legal entity that offers to sell or sells completed residences on property on which the individual or business entity has any legal or equitable interest, if the services of a qualified contractor certified or registered pursuant to the requirements of this chapter have been or will be retained for the purpose of constructing such residences.

Contractor means the person who is qualified for and responsible for the entire project contracted for and, except for those herein exempted, the person who, for compensation, undertakes to, or submits a bid to, or does himself or by others, any or all of the following: construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others, or for resale to others, as hereinafter defined in this section.

(1)

General contractor requires 48 months experience with a passing grade on an approved test and a business and law test and means a contractor whose services are unlimited as to the type of work which he/she may do, except as provided in this article or in the Florida Statutes. (See also the definition of subcontractors.)

(2)

Building contractor requires 48 months experience with a passing grade on an approved test and a business and law test and means a contractor whose services are limited to construction of commercial buildings and single-dwelling or multiple-dwelling residential buildings, which commercial or residential buildings do not exceed three stories in height, and accessory use structures in connection therewith or a contractor whose services are limited to remodeling, repair, or improvement of any size building if the services do not affect the structural members of the building. (See also the definition of subcontractor.)

(3)

Residential contractor requires 48 months experience with a passing grade on an approved test and a business and law test and means a contractor whose services are limited to construction, remodeling, repair, or improvement of one-family, two-family, or three-family residences not exceeding two stories in height and accessory use structures in connection therewith. (See also the definition of subcontractor.)

(4)

Contractor qualifications for practice and restrictions include the following:

a.

A general, building, or residential contractor shall not be required to subcontract the installation, or repair made under warranty, of wood shingles, wood shakes, asphalt or fiberglass shingle roofing materials on a new building of his own construction. Further, a general contractor on new site development work, site redevelopment work, mobile home parks, and commercial properties shall not be required to subcontract the construction of the main sanitary sewer collection system, the stormwater collection system, and the water distribution system, not including the continuation of utility lines from the mains to the buildings. Further, as to mobile home parks, the general contractor shall not be required to subcontract the continuation of utility lines from the mains, and the continuations are to be considered a part of the main sewer collection and main water distribution systems. However, no general, building or residential contractor state certified after 1973 shall act as, hold himself out to be, or advertise himself to be a roofing contractor unless he is certified or registered as a roofing contractor.

b.

A general, building, or residential contractor, except as otherwise provided in this part, shall be responsible for any construction or alteration of a structural component of a building or structure, and any certified general contractor or certified underground utility and excavation contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in the state. Any certified building contractor or certified residential contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in this state, limited to the lot on which any specific building is located.

c.

A general contractor shall not be required to subcontract structural swimming pool work.

Contractor licensing supervisor means the individual who oversees contractor licensing and its investigations or presents complaints regarding licensed contractors in Collier County, Florida. This individual holds office in the Building Review and Permitting Department of the Community Development and Environmental Services Division of Collier County Government.

Employee means any person who works for and is under the supervision and control of a licensee, provided that said employee does not hold himself out for hire or engage in contracting except as an employee. For the purposes of this article, indicia of an employment relationship shall include the employer's regular payment of wages and compensation, F.I.C.A. deductions, tax withholding and provision of Workers' Compensation to the employee by the employer, all as prescribed by law.

Person means a human being or a legal business organization.

Primary qualifying agent means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility, to supervise, direct, manage, and control the contracting activities of the business organization 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 building permit and for financial matters, both for the organization and in general and for each specific job; and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department.

Secondary qualifying agent means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility to supervise, direct, manage, and control construction activities on a job for which he has obtained a permit, and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department.

Specialty contractor means any person who assumes responsible charge and direction in the performance of construction work requiring special skills, and whose principle contracting business involves the use of specialized building trades and crafts usually a minor part of a complete structure. Available categories of specialty contractors and their requirements are:

(1)

Acoustical contractor requires 24 months experience with a passing grade on a business and law test and means any person who is qualified to install, maintain, repair, and alter acoustical materials. The scope of work permitted under this classification shall include, but not be limited to, the installation of grid work used to support acoustical panels, including luminous ceiling panels.

(2)

Aluminum contractor, including concrete, requires 24 months experience with a passing grade on an approved test and a passing grade on a business and law test and means those who are qualified to fabricate, install, maintain, repair, alter, or extend accessories such as metal and vinyl siding, awnings, security shutters, gutters, soffits and prefabricated rooms and portable metal or vinyl partitions. These contractors may form, place on grade reinforcing steel and miscellaneous steel, and pour, place, and finish nonstructural concrete on grade only, incidental to an aluminum accessory structure and/or screen enclosures.

(3)

Aluminum contractor requires 24 months experience with a passing grade on an approved test and a passing grade on a business and law test and means those who are qualified to fabricate, install, maintain, repair, alter, or extend accessories such as metal and vinyl siding, awnings, security shutters, gutters, soffits and prefabricated rooms, screen enclosures, and portable metal or vinyl partitions.

(4)

Alarm system contractor requires 24 months experience with a passing grade on an approved test and a passing grade on a business and law test and means a person whose business includes the execution of contracts requiring the ability, experience, science, knowledge, and skill to lay out, fabricate, install, maintain, alter, repair, monitor, inspect, replace, or service alarm systems for compensation.

a.

Alarm system contractor I means an alarm system contractor whose business includes all types of alarm systems for all purposes.

b.

Alarm system contractor II means an alarm system contractor whose business includes all types of alarm systems other than fire, for all purposes.

c.

Alarm system means any electrical device, signaling device, or combination of electrical devices used to signal or detect a burglary, fire, robbery, or medical emergency.

d.

Burglar alarm contractor means an alarm system contractor whose business is limited to the installation of burglar alarms in single-family homes and two-family homes, mobile homes, and small commercial buildings having a square footage of not more than 5,000 square feet.

(5)

Cabinet installation contractor requires 24 months experience with passing grade on a business and law test and means any person who is qualified to manufacture, assemble, install, dismantle, maintain, adjust, alter, extend, and design cabinets and millwork. The scope of permitted work shall include, but not be limited to, kitchen cabinets, bathroom vanities, accessory cabinets, counter tops, office furniture, and millwork items which have been manufactured for installation on job site locations.

(6)

Carpentry contractor requires 36 months experience with a passing grade on an approved test and a passing grade on a business and law test and means those who have the knowledge and skill to install any wood and metal products including, but not limited to, rough framing, wood structural, wood and metal nonstructural trusses, sheathing, paneling, trim, metal framing and cabinetry. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section.

(7)

Garage door installation contractor requires 12 months experience with a passing grade on a business and law test and means any person who is qualified to install, repair, adjust or extend garage doors.

(8)

Commercial cooking equipment exhaust hood installation contractor means any person who possesses a valid license as an air conditioning contractor, class A or B; a sheet metal contractor; or a mechanical contractor; and who is qualified to install exhaust hoods, duct work, replacement air, exhaust fans, and grease filters. If any hood which is to be installed includes a fire suppression system, the contractor shall be certified by the Florida State Fire Marshal's office.

(9)

Concrete forming and placing contractor requires 36 months experience with a passing grade on an approved test and a passing grade on a business and law test and means those who are qualified to batch and mix aggregates, cement, and water to agreed specifications, to construct forms and framework for the casting and shaping of concrete to place miscellaneous embedded steel and to pour, place, and finish concrete. This category does not include the plastering of the interior of a pool.

(10)

Concrete placing and finishing contractor requires 36 months experience with a passing grade on an approved test and a passing grade on a business and law test and means those who are qualified to pour place and finish concrete flat work (floors, slab on grade, sidewalks, etc.) including placement of mesh reinforcement, plastic vapor barriers and edge forms incidental thereto. This category does not include the plastering of the interior of a pool.

(11)

Concrete contractor (restricted to pneumatically placed concrete) requires 24 months experience with a passing grade on an approved test and a passing grade on a business and law test and means those who are qualified to use and maintain pressure equipment, mix material and apply according to building codes.

(12)

Decorative metal contractor requires 24 months experience with a passing grade on a business and law test and means those who are qualified to fabricate and install decorative metal fixtures; such work should be decorative in nature and nonstructural in function; the materials used in the manufacturing and installation of said products may be of ferrous or nonferrous materials.

(13)

Demolition or wrecking contractor requires 36 months experience with a passing grade on an approved test and a passing grade on a business and law test and means those who are qualified to demolish structures such as dwellings, commercial buildings, and foundations and to remove debris. The use of blasting and explosives is not permitted under this category.

(14)

Dredging contractor requires 36 months experience with a passing grade on an approved test and a passing grade on a business and law test and means any person who is qualified to operate hydraulic dredging equipment which digs and removes material by pump and which deposits the pumped material at a fill location in one operation.

(15)

Drywall contractor requires 36 months experience with a passing grade on an approved test and a passing grade on a business and law test and means those who are qualified to install gypsum drywall products to wood and metal studs, wood and steel joists, and metal runners in buildings of unlimited area and height. The scope of work shall include the preparation of the surface over which the drywall product is to be applied, including the placing of metal studs and runners and all necessary drywall preparation trim and shall include the placement of fire safing and fire stopping materials as part of the overall drywall contract.

(16)

Hurricane shutter/awning contractor requires 24 months experience with a passing grade on an approved hurricane shutter installer test and a passing grade on a business and law test, and means, those who are qualified to install, maintain, repair or replace shutters and awnings that are designed to protect residential and commercial buildings from hurricane and storm force winds and windborne debris all in accordance with Collier County amendments to the Applicable Building Code, as amended from time to time. Any electrical work connected with the installation of the shutters or awnings must be done by a licensed electrical contractor. Only nonstructural adjustments to existing openings may be performed as part of the work. Contractors who hold current Collier County Aluminum Contractor Including Concrete or Aluminum license on the effective date of this amendment are not required to pass this test, but must apply for this Certificate not later than one year from the effective date of this amendment.

(17)

Epoxy stone contractor requires 24 months experience with a passing grade on a business and law test and means those who are qualified to batch and mix aggregates, epoxy, hardener, and gravel to specifications, or to construct forms and framework for the casting and shaping of epoxy and aggregate, or to pour, place and finish over concrete base.

(18)

Excavation contractor requires 36 months experience and a passing grade on an approved test and a passing grade on a business and law test and means any person who is qualified to excavate to obtain or remove materials such as rock, gravel and sand; to construct or excavate canals, lakes and levees, including the cleaning of land of surface debris and vegetation as well as the grubbing of roots; and to remove debris and level surface land incidental and necessary thereto in compliance with all environmental laws, the building code, and other applicable codes and regulations. Minor excavations, such as footings, backfill without compaction, and similar activities are exempt hereunder. The use of explosives is not included in this category.

(19)

Fence erection contractor requires 24 months experience and a passing grade on a business and law test and means any person who is qualified to install, maintain or repair fencing or decorative prefabricated walls on grade.

(20)

Floor coverings installation contractor requires 24 months experience installing the specific product and a passing grade on an approved business and law test and means any person who is qualified to install carpet, sheet vinyl and/or all types of wood flooring. This category does not include, tile, marble, or terrazzo.

(21)

Gasoline tank and pump contractor requires 48 months experience and a passing grade on an approved test and a passing grade on a business and law test and means those who are qualified to install, maintain, repair, alter, or extend any aboveground system used for the storing and dispensing of gasoline, kerosene, diesel oils and similar liquid hydrocarbon fuels or mixtures (not to include pollutant storage).

(22)

Glass and glazing contractor requires 24 months experience, a passing grade on an approved test and a passing grade on a business and law test, and means those who are qualified to select, cut, assemble, and install all makes and kinds of glass and glass work, and execute the glazing frames, panels, sash and door and holding metal frames, ornamental decorations, mirrors, tub, shower enclosures, and portable partitions. The scope of work shall include the installation of hurricane shutters or devices that are integral with the window system.

(23)

Insulation contractor:

a.

All types except buildings - requires 36 months experience, a passing grade on an approved test and a passing grade on a business and law test, and means those who are qualified to install, maintain, repair, alter, or extend any insulation primarily installed to prevent loss or gain of heat, from internal or external sources on pipes, vessels, ducts, fire stopping materials, sprayed-on fire resistive materials, or built-up refrigerated boxes or rooms, and acoustical materials.

b.

Buildings - requires 24 months experience, a passing grade on an approved test and a passing grade on a business and law test, and means those who are qualified to install, maintain, repair, alter, or extend any insulation primarily installed to prevent loss or gain of heat from rooms or buildings.

(24)

Irrigation sprinkler contractor requires 24 months experience and a passing grade on an approved test and a passing grade on a business and law test and means any person who is qualified to install, maintain, repair, alter or extend all piping and sprinkler heads used for irrigation, including any required connections to a water pump; however, such work does not include direct connection to potable water lines.

(25)

Landscaping contractor requires 12 months experience and a passing grade on a business and law test and means any person who is qualified to install and/or remove trees, shrubs, sod, decorative stone and/or rocks, timber and plant materials, and concrete paving units for sidewalks, patios and decks only, whether or not incidental to landscaping, prepackaged fountains, or waterfalls, provided same does not include connection to a sanitary sewer system, portable water line, or to any electrical installation, which tasks must be performed by tradesmen licensed in the relevant trade. Landscape contractors may contract for only removal and/or trimming of trees and/or other combination of the authorized services.

All new applicants applying for landscaping license are required to obtain a passing grade on an approved exam pertaining to pruning and safety, in addition to the business and law exam.

(26)

Liquefied petroleum gas installation contractor means any person qualified and licensed pursuant to F.S. ch. 527 to install apparatus, piping and tubing, and appliances and equipment necessary for storing and converting liquefied petroleum gas into flame for light, heat, and power. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section.

(27)

Marine, seawall, and dock construction contractor requires 36 months experience, a passing grade on an approved test and a passing grade on a business and law test, and means those who are qualified to build and install bulkheads, revetments, docks, piers, wharves, groins, boathouses, lifts and davits, and to do pile driving. Electrical service and wiring must be provided by a licensed electrical contractor.

(28)

Masonry contractor requires 36 months experience, a passing grade on an approved test and a passing grade on a business and law test and means those who are qualified to select, cut, and lay brick and concrete block or any other unit masonry products, lay other baked clay products, rough cut and dress stone, artificial stone and precast blocks, glass brick or block, but who shall not pour or finish concrete.

(29)

Paving blocks contractor requires 24 months experience in the respective construction plus a passing grade on an approved test and a passing grade on a business and law test, and means those persons who are qualified to construct driveways, sidewalks, patios and decks, using concrete paving units.

(30)

Painting contractor requires 24 months experience, a passing grade on an approved test and a passing grade on a business and law test and means those who are qualified to use spraying equipment as well as hand tools to finish both exterior and interior work. A painting contractor may do paperhanging, sandblasting, waterproofing, and may clean and paint roofs.

(31)

Paving contractor (commercial or unlimited) requires 36 months experience, a passing grade on an approved test and a passing grade on a business and law test, and means those who are qualified with the experience and skill to construct roads, airport runways and aprons, parking lots, sidewalks, curbs and gutters, storm drainage facilities, and to perform the excavating, clearing, and grading incidental thereto.

(32)

Plastering and stucco contractor requires 36 months experience, a passing grade on an approved test and a passing grade on a business and law test, and means those who are qualified to coat surfaces, including lathing and drywall, with a mixture of sand or other aggregate gypsum plaster, Portland cement or quicklime and water, or any combination of such materials such as to create a permanent surface coating. This category does not include the plastering of the interior of a pool.

(33)

Pollutant storage contractor means a contractor who installs a pollutant storage tank. Said contractor must have a state pollutant storage license. A county certificate of competency is not available for this category.

(34)

Reinforced steel contractor requires 36 months experience, a passing grade on an approved test and a passing grade on a business and law test, and means those who are qualified to fabricate, place, and tie steel reinforcing bars (rods) of any profile, perimeter, or cross-section, that are or may be used to reinforce concrete buildings and structures in such a manner that, under all agreed specifications, steel reinforcing bars (rods) for concrete buildings and structures can be fabricated, placed, and tied.

(35)

Roof coating, roof painting, and roof cleaning contractor requires 24 months experience, a passing grade on a business and law test, and means any person who is qualified to clean, paint or coat a roof by means of pressure-operated equipment, hand application or otherwise. This category does not include roof repair.

(36)

Sandblasting contractor requires 24 months experience, a passing grade on a business and law test, and means any person who is qualified to operate a sandblasting machine.

(37)

Satellite dish installation contractor requires 24 months experience, a passing grade on a business and law test and means any person who is qualified to erect, install, maintain, repair, alter or design, where not prohibited by law, any satellite dish provided all work is performed in accordance with applicable Collier County or city ordinances. If installation includes a concrete base, the base shall be limited in size to two cubic yards of concrete.

(38)

Sealing and striping contractor requires 24 months experience, a passing grade on a business and law test, and means those who are qualified with the experience and skill to seal or stripe driveways, parking lots, sidewalks, and patios. The scope of work shall include asphalt patching incidental to sealing up to 20 square feet per patch in a manner that does not use a mechanical spreader or paver.

(39)

Exterior covering by artificial stucco system contractor, applicable to exterior insulation and finish systems (EIFS), exterior one coat stucco systems, and exterior dry stock block wall systems whenever the specific system requires its own certification (approval) of the installer. EIFS includes, but is not limited to, the following registered trademarks/tradenames: SUREWALL, DRYVIT, PAREX EIFS, Vitricon energix, Senergy systems, TEC Ful-O-Mite systems, Pleko systems, Thoro's EIFS systems, and USG EIFS. The applicant must prove then current approval from an authorized representative of the specific system and must have a passing grade on a business and law exam.

(40)

Nonelectrical sign contractor requires 24 months experience, a passing grade on a business and law test, and means any person who is qualified to erect, install, repair, alter, extend or change any nonelectrical sign, provided all work is performed in accordance with applicable Collier County and city ordinances. This category does not include the construction of freestanding structural signs.

(41)

Electrical sign contractor requires 24 months experience, a passing grade on an approved test and a passing grade on a business and law test, and means any person who is qualified to install, repair, alter, manufacture, add to, or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs and is qualified to erect signs. Such contractor may contract for, and take out building permits for the erection of signs. The electrical service and wiring from the electrical service to the sign disconnect must be supplied by a licensed electrical contractor.

(42)

Solar heater installation contractor requires 24 months experience, a passing grade on an approved test and a passing grade on a business and law test, and means those who have the knowledge to install, alter, repair, or replace any solar hot water heating system for residences or for residential swimming pools, including collectors, storage and expansion tanks, heat exchangers, piping, valves, pumps, sensors and low voltage controls which connect to existing plumbing stub-outs and electrical disconnects.

(43)

Structural steel erection contractor requires 36 months experience, a passing grade on an approved test and a passing grade on a business and law test, and means those who are qualified to erect structural steel shapes and plates, including such minor field fabrication as may be necessary, of any profile, perimeter or cross-section, that are or may be used as structural members for buildings and structures, and the erection of communication towers, including riveting, welding and rigging, only in connection therewith.

(44)

Structure moving contractor means persons who are required to be general, building or residential contractors, and who are qualified to lift and secure structures and transport said structures from one site to another, whether or not such transport is across public roads, including the proper placement of structures at a new location.

(45)

Tile and marble installation contractor requires 24 months experience, a passing grade on an approved test and a passing grade on a business and law test, and means those persons who are qualified to set tile, marble and stone.

(46)

Tile, marble and terrazzo installation contractor requires 24 months experience, a passing grade on an approved test and a passing grade on a business and law test, and means those persons who are qualified to mix, prepare, and finish terrazzo, prepare the base, and set tile, marble and stone.

(47)

Underground utility and excavation contractor requires 48 months experience, a passing grade on an approved test and a passing grade on a business and law test, and means contractors whose services are limited to the construction, installation, repair, on public or private property, whether accomplished through open excavation or other means, including, but not limited to, directional drilling, auger boring, jacking and boring, trenchless technologies, wet and dry taps, routing, and slip lining of main sanitary sewer collection systems, main water distribution systems, and storm sewer collection systems, and the continuation of utility lines from the main systems to a point of termination up to and including the meter location for the individual occupancy, sewer collection systems at property line on residential or single-occupancy commercial properties, or on multi-occupancy properties at manhole or "wye" lateral extended to an invert elevation as engineered to accommodate future building sewers, water distribution systems, or storm sewer collection systems at storm sewer structures. These contractors may install empty underground conduits in rights-of-way, easements, platted rights-of-way in new site development, and sleeves for parking lot crossings no smaller than two inches in diameter, provided the conduit system is designed by a licensed professional engineer or by an authorized employee of a municipality, county, or public utility, and installation of such conduit shall not include installation of any conductor wiring or any connection to any energized electrical system. An underground utility contractor shall not install any piping that is an integral part of a fire protection system, as defined in F.S. § 633.021(7), beginning at the point where the piping is used exclusively for such system.

(48)

Tree removal and trimming contractor requires 12 months experience with a passing grade on a business and law test and means those who are qualified to trim and remove trees and stumps.

All new applicants applying for tree service license are required to obtain a passing grade on an approved exam pertained to tree pruning and safety, in addition to the business and law exam.

Subcontracting; subcontractors. A contractor shall subcontract the electrical, mechanical, plumbing, roofing, sheet metal, swimming pool, and air conditioning work for which a local examination for a certificate of competency or a license is required, unless such contractor holds a certificate of competency or license of the respective trade category, as required by the appropriate local authority.

(1)

Sheet metal contractor requires 24 months experience and a passing grade on an approved test and a passing grade on a business and law test and means any person 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, alteration, repair, servicing, or design, when not prohibited by law, of ferrous or nonferrous metal work of U.S. No. 10 gauge 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 and any duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system. This definition and qualifications does not include roofing. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section.

(2)

Roofing contractor requires 36 months experience, a passing grade on an approved test and a passing grade on a business and law test and means any person 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 and roof waterproofing and coating, except when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life of the roof.

(3)

Mechanical contractor requires 48 months experience as a licensed journeyman or equivalent, a passing grade on an approved test and a passing grade on a business and law test and means any person 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; and any duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system; and 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 disconnect or reconnect power and low voltage heating, ventilating, and air conditioning control wiring on the load side of an existing electrical disconnect switch; 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. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section.

(4)

Class A Air Conditioning Contractor requires 36 months experience as a licensed journeyman or equivalent with a passing grade on an approved test and a passing grade on a business and law test and means any person 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 and all appurtenances, apparatus, or equipment used in connection therewith; and any duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system; 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, and pneumatic control piping; to disconnect or reconnect power wiring and low voltage heating, ventilating, and air conditioning control wiring on the load side of an existing electrical disconnect switch; 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 or natural gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring on the line side of the disconnect switch. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section.

(5)

Class B Air Conditioning Contractor requires 36 months experience as a licensed journeyman or equivalent with a passing grade on an approved test and a passing grade on a business and law test and means any person whose services are limited to 25 tons of cooling and 500,000 BTU of heating in any one system 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 being installed under this classification; and any duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping and insulation of pipes, vessels, and ducts; to disconnect or reconnect power wiring and low voltage heating, ventilating, and air conditioning control wiring on the load side of an existing electrical disconnect switch; 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 or natural gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring on the line side of the disconnect switch. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section.

(6)

Class C Air Conditioning Contractor requires 24 months experience as a licensed Journeyman or equivalent with a passing grade on an approved test and a passing grade on a business and law test and means any person whose business is limited to the servicing of air conditioning, heating, or refrigeration systems, including duct alterations in connection with those systems he/she is servicing, which may include duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section.

(7)

Journeyman air conditioning license holder requires four years as apprentice, a passing grade on an approved test, and means those qualified to perform work in the air conditioning trade while employed or supervised by an air conditioning or mechanical contractor. This provision does not apply to any individual who then holds a valid, active journeyman's license in the mechanical trade and that license was issued by any Florida County or Florida Municipality when that licensee complied with all reciprocity criteria of F.S. § 489.1455.

(8)

Commercial pool/spa contractor requires 36 months experience with a passing grade on an approved test and a passing grade on a business and law test and means a contractor whose scope of work involves, but is not limited to, the construction, repair, and servicing of any swimming pool, or hot tub or spa, whether public, private, or otherwise, regardless of use. The scope of work includes the installation, repair, or replacement of existing equipment, any cleaning or equipment sanitizing which requires at least a partial disassembling, excluding filter changes, and the installation of new pool/spa equipment, interior finishes, the installation of package pool heaters, the installation of all perimeter piping and filter piping, and the construction of equipment rooms or housing for pool/spa equipment, and also includes the scope of work of a swimming pool/spa servicing contractor. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines. The installation, construction, modification, or replacement of equipment permanently attached to and associated with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires licensure; however, the usage of such equipment for the purposes of water treatment or cleaning shall not require licensure unless the usage involves construction, modification, or replacement of such equipment. Water treatment that does not require such equipment does not require a license. In addition, a license shall not be required for the cleaning of the pool or spa in any way that does not affect the structural integrity of the pool or spa or its associated equipment.

(9)

Residential pool/spa contractor requires 24 months experience with a passing grade on an approved test and a passing grade on a business and law test and means a contractor whose scope of work involves, but is not limited to, the construction, repair, and servicing of any residential swimming pool, or hot tub or spa, regardless of use. The scope of work includes the installation, repair, or replacement of existing equipment, any cleaning or equipment sanitizing which requires at least a partial disassembling, excluding filter changes, and the installation of new pool/spa equipment, interior finishes, the installation of package pool heaters, the installation of all perimeter piping and filter piping, and the construction of equipment rooms or housing for pool/spa equipment, and also includes the scope of work of a swimming pool/spa servicing contractor. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines. The installation, construction, modification, or replacement of equipment permanently attached to and associated with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires licensure; however, the usage of such equipment for the purposes of water treatment or cleaning shall not require licensure unless the usage involves construction, modification, or replacement of such equipment. Water treatment that does not require such equipment does not require a license. In addition, a license shall not be required for the cleaning of the pool or spa in any way that does not affect the structural integrity of the pool or spa or its associated equipment.

(9.1)

Nonrecreational pond waterfall fountain contractor requires 24 months experience with a passing grade on a business and law test and means any person whose scope of work is limited to the construction of nonrecreational ponds, waterfalls and/or fountains. However, the scope of such work does not include direct connections to a sanitary sewer system, potable water lines, or to any electrical installation.

(10)

Swimming pool/spa servicing/repair contractor requires 24 months experience with a passing grade on an approved test and a passing grade on a business and law test and means a contractor whose scope of work involves, but is not limited to, the repair and servicing of any swimming pool, or hot tub or spa, whether public or private, or otherwise, regardless of use. The scope of work includes the repair or replacement of existing equipment, any cleaning or equipment sanitizing which requires at least a partial disassembling, excluding filter changes, and the installation of new pool/spa equipment, interior refinishing, the reinstallation or addition of pool heaters, the repair or replacement of all perimeter piping and filter piping, the repair of equipment rooms or housing for pool/spa equipment, and the substantial or complete draining of a swimming pool, or hot tub or spa, for the purpose of any repair or renovation. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines. The installation, construction, modification, substantial or complete disassembly, or replacement of equipment permanently attached to and associated with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires licensure; however, the usage of such equipment for the purposes of water treatment or cleaning shall not require licensure unless the usage involves construction, modification, substantial or complete disassembly, or replacement of such equipment. Water treatment that does not require such equipment does not require a license. In addition, a license shall not be required for the cleaning of the pool or spa in any way that does not affect the structural integrity of the pool or spa or its associated equipment.

(10.1)

Swimming pool/spa servicing contractor requires 24 months experience with a passing grade on a business and law test and means any person whose scope of work includes servicing or water treatment of any public or private swimming pool, hot tub or spa, and, subject to F.S. § 487.0437, may include direct infusion of chlorine gas. These contractors may disassemble equipment permanently attached to or associated with the respective pool or spa for the purpose of water treatment or cleaning the pool or spa.

(11)

Journeyman plumber license holder requires four years as apprentice, a passing grade on an approved test, and means those qualified to perform work in the plumbing trades while employed or supervised by a plumbing contractor. This provision does not apply to any individual who then holds a valid, active journeyman's license in the plumbing trade and that license was issued by any Florida County or Florida Municipality when that licensee complied with all reciprocity criteria of F.S. § 489.1455.

(12)

Plumbing contractor requires 24 months experience as a licensed journeyman or equivalent with a passing grade on an approved test and a passing grade on a business and law test and means any person whose contracting business consists of the execution of contracts requiring the experience, financial means, knowledge, and skill to install, maintain, repair, alter, extend, or when not prohibited by law, design plumbing. A plumbing contractor may install, maintain, repair, alter, extend, or, when not prohibited by law, design the following without obtaining any additional local regulatory license, certificate, or registration: sanitary drainage or storm drainage facilities; venting systems; public or private water supply systems; septic tanks; drainage and supply wells; swimming pool piping; irrigation systems; or solar heating water systems and all appurtenances, apparatus, or equipment used in connection therewith, including boilers and pressure process piping and including the installation of water, natural gas and storm and sanitary sewer lines; and water and sewer plants and substations. The scope of work of the plumbing contractor also includes the design, when not prohibited by law, and installation, maintenance, repair, alteration, or extensions of air-piping, vacuum line piping, oxygen line piping, nitrous oxide piping, and all related medical gas systems; fire line standpipes and fire sprinklers to the extent authorized by applicable law; ink and chemical lines; fuel oil and gasoline piping, except bulk storage plants; and pneumatic control piping systems, all in such a manner as to comply with all plans, specifications, codes, laws, and regulations applicable. The scope of work of the plumbing contractor shall apply to private property and public property, shall include any excavation work incidental thereto, and shall include the work of the specialty plumbing contractor. Such contractor shall subcontract, with a qualified contractor in the field concerned, all other work incidental to the work but which is specified herein as being the work of a trade other than that of a plumbing contractor. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section.

(13)

Journeyman electrician requires four years as an apprentice, a passing grade on an approved test, and means those persons qualified to perform work in the electrical trades while employed or supervised by an electrical contractor. This provision does not apply to any individual who then holds a valid, active journeyman's license in the electrical trade and that license was issued by any Florida County or Florida Municipality when that licensee complied with all reciprocity criteria of F.S. § 489.5335.

(14)

Electrical contractor requires 24 months experience as a licensed Journeyman or equivalent with a passing grade on an approved test and a passing grade on a business and law test and means a person who conducts business in the electrical trade field and who has the experience, knowledge, and skill to install, repair, alter, add to, or design, in compliance with law, electrical wiring, fixtures, appliances, apparatus, raceways (including alarm system raceways if the contractor is then registered with the state), conduit, or any part thereof, which generates, transmits, transforms, or utilizes electrical energy in any form, including the electrical installations and systems within plants and substations, all in compliance with applicable plans, specifications, codes, laws, and regulations. The term means any person, firm, or corporation that engages in the business of electrical contracting under an express or implied contract; or that undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to engage in the business of electrical contracting; or that does itself or by or through others engage in the business of electrical contracting. The term electrical contractor does not qualify any person, firm or corporation for the installation of fire alarms which requires a separate state license. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section.

(Ord. No. 90-105, § 1.6; Ord. No. 92-61, § 1; Ord. No. 94-34, § 1; Ord. No. 97-68, § 1, 10-28-97; Ord. No. 99-45, § 1.6—1.6.11, 6-8-99; Ord. No. 02-21, § 1(6.1), 5-14-02)

State law reference— State definitions of and classifications for contractors, F.S. §§ 489.105, 489.505, 489.551.

Sec. 22-163. - Scope of county responsibility.

(a)

The county will provide active field supervision within the city of licensed and unlicensed activity through its investigation and citation authority.

(b)

The county shall be responsible for issuing licenses in accordance with this article to authorize contractors to work within the geographic boundaries of county and the city. The county shall collect the fees for those contractors licensed to work within the county and city.

(Ord. No. 90-105, § 2.12; Ord. No. 92-61, § 2; Ord. No. 99-45, § 2.12—2.12.1, 6-8-99)

Sec. 22-164. - Penalties for violation.

(a)

Any person who violates this article or fails to comply with any of its requirements shall be punished as provided by F.S. § 125.69. Each day such violation continues shall be considered a separate offense.

(b)

The board of county commissioners may take any lawful action, including but not limited to resort to equitable action, as is necessary to prevent or to remedy any violation of this article.

(Ord. No. 90-105, § 6.3)

Sec. 22-165. - The contractors' licensing board.

(a)

Composition.

(1)

The contractors' licensing board, being Collier County's "Local Construction Licensing Board", is composed of nine members who shall be appointed by the board of county commissioners. A minimum of two of these members shall reside within corporate city limits or shall be recommended to the board of county commissioners by the city council. The board of county commissioners may also appoint alternate members as it deems appropriate. Three members of the CLB shall be consumer representative members. No such member shall be, or shall have ever been, a member or practitioner of any profession regulated by the CLB or any profession closely related to any such profession regulated by the CLB. The members of the CLB who are not consumer representative members should be either a licensed architect, a licensed general contractor, a licensed engineer, a licensed electrical contractor, a licensed plumbing contractor, a licensed mechanical contractor, a licensed roofing contractor, a licensed residential, or a licensed building contractor. Except for consumer representative members, this provision is merely directory and failure to have members appointed from these trades shall not be grounds for voiding or otherwise affecting any action of the Board.

(2)

Collier County Ordinance No. 86-41, as now or hereafter amended (or any ordinance that is a successor in function thereto) shall be applicable to every member appointed or reappointed to the CLB after the effective date of this article, except the following: each initial full-term appointments of a member to the CLB shall be for a term of three years.

(b)

Internal operating procedures.

(1)

The contractors' licensing board shall elect a chairperson and vice-chairperson from its membership.

(2)

Meetings.

a.

The contractors' licensing board shall hold at least four meetings per year.

b.

Upon the request of the contractor licensing supervisor, or his designee, or at such other times as may be necessary, the chairperson of the contractors' licensing board (and, in his absence, the vice-chairperson or, in the vice-chairperson's absence, the temporary chairperson elected by majority vote of the members of the contractors' licensing board) may call hearings of the contractors' licensing board. Hearings may also be called by written notice signed by at least three members of the contractors' licensing board. At any hearing, the contractors' licensing board may set a future hearing date. Minutes shall be kept of all meetings and hearings and all meetings and proceedings shall be open to the public.

c.

Five members shall constitute a quorum for any meeting, and a majority vote of those present shall be required to make any decision.

d.

The Collier County Board of County Commissioners shall provide such clerical and administrative personnel and legal services as may be reasonably required by the contractors' licensing board for the proper performance of its duties.

e.

The county attorney, or his designee, shall either be counsel for the contractors' licensing board or shall represent the county by presenting cases before the contractors' licensing board, but in no case shall the county attorney or his designee serve in both capacities for the same case or at the same time.

(c)

Duties and powers of the contractors' licensing board.

(1)

Upon reference by the contractor licensing supervisor or petition by an applicant, the board shall have the power to determine the qualifications of applicants for the various categories of contractors' certificates of competency as measured by standards stated in this article.

(2)

The board shall have the power to hold hearings to determine if a contractor or a journeyman possessing a Collier County or city certificate of competency, or a state certified contractor doing business in Collier County, should be disciplined pursuant to division 3 of this article. It shall be the duty of the contractor licensing supervisor to initiate disciplinary proceedings. No member of the contractors' licensing board shall have the power to initiate disciplinary proceedings in his/her capacity as a member of the contractors' licensing board.

(3)

The contractors' licensing board shall have the power to adopt such policies, rules and regulations as it deems necessary to carry out the duties of the board in accordance with the provisions and intent of this article. Said policies, rules and regulations, when and if reduced to writing, shall be filed with the clerk to the board of the Collier County Board of County Commissioners.

(4)

The contractors' licensing board shall further have the power to:

a.

Hold hearings;

b.

Take testimony under oath;

c.

Adopt rules and regulations for the conduct of its hearings;

d.

Discipline contractors or journeymen holding Collier County/City Certificates of Competency or state certified contractors doing business in Collier County or the city pursuant to division 3 of this article;

e.

Issue decisions, findings of fact, conclusions of law, impose disciplinary sanctions, and issue orders to carry out the provisions of this article.

(5)

The contractors' licensing board shall also have all other powers granted to said board or otherwise by Florida law.

(6)

The contractor's licensing board shall have the power to make recommendations to the board of county commissioners regarding amendments to this article and shall review amendments to the article proposed by county staff.

(Ord. No. 90-105, § 3; Ord. No. 92-61, § 3; Ord. No. 94-34, § 3; Ord. No. 95-11, § 2, 2-28-95; Ord. No. 97-68, § 1, 10-28-97; Ord. No. 99-45, § 3.1—3.3.6, 6-8-99; Ord. No. 02-21, § 1(3.3.4), 5-14-02)

Cross reference— Boards, commissions, committees and authorities, § 2-816 et seq.

Sec. 22-166. - Stop work orders.

If it should become known to the contractor licensing supervisor that a construction project and/or contracting in the Collier County or the city is being undertaken by uncertified or nonexempt persons, the contractor licensing supervisor, or his/her designee, shall place a stop work order on the relevant portion of said project until such time as a certified contractor assumes supervision of the construction project. Any uncertified and nonexempt person resuming construction prior to the removal of the stop work order by the contractor licensing supervisor shall be in violation of this article.

(Ord. No. 90-105, § 1.7; Ord. No. 92-61, § 1; Ord. No. 99-45, § 1.7, 6-8-99)

Sec. 22-167. - Contractors' identification required on all advertising mediums.

All contractors licensed under the provisions of this article shall be required to firmly affix and/or to display the qualifier's certificate of competency number and the "Doing Business As" name on all advertising mediums used by the contractor, including but not limited to, contracts, brochures, business cards and vehicles used in their trade or business. The minimum height of each number or letter affixed to and displayed on vehicles shall be two inches.

(Ord. No. 90-105, § 1.5; Ord. No. 92-61, § 1.5; Ord. No. 94-34, § 1)

Sec. 22-168. - Business and financial records.

All contractors who operate in Collier County shall maintain complete financial and business records for the immediately preceding three years at their licensed place of business. The business and financial records to be maintained shall include minutes of corporate meetings, business contacts, telephone records, insurance policies, letters of complaint, notices received from government entities, bank statements, canceled checks, records or accounts receivable and payable, financial statements, loan documents, tax returns, employee records and all other business and financial records the contractor maintains in the course of business. The contractor shall allow the contracting licensing supervisor, or his designee, access to all documents referenced in this section upon demand and during normal business hours. Copies of any documents requested by the contractor licensing supervisor, or his designee shall be provided by the contractor upon payment of reasonable reproduction costs, which shall not exceed the contractor's actual reproduction costs, by the contractor licensing supervisor or his designee.

(Ord. No. 94-34, § 2; Ord. No. 99-45, § 2.13, 6-8-99)

Secs. 22-169—22-180. - Reserved.