§ 10-3. Certificate of competency required to do business.
(a)
It shall be unlawful for any person, firm, joint venture, or corporation to engage in the business or act in the capacity of contractor or subcontractor, or for any person to act in the capacity of master, qualifying agent, journeyman, maintenance personnel, installer or any other similar tradesman defined and set forth above, within the incorporated or unincorporated areas of the County, without having made application for and there having been issued a current valid certificate of competency or eligibility for the type of work done by said person, firm, joint venture or corporation from either:
(1)
The State's Florida Construction Industry Licensing Board;
(2)
The State's Florida Electrical Contractor's Licensing Board; or
(3)
The County's Construction Trades Qualifying Board. Holders of County certificates must also be registered with the State in accordance with Section 489.115 or Section 489.513, Florida Statutes.
Provided, however, that for those projects specified in Section 489.103, Florida Statutes, a contractor must be certified by the County's Construction Trades Qualifying Board and registered with the State unless exempted by Chapter 10 of this Code. Nothing herein shall be construed to mean that there cannot be workers in a trade who are not qualified or certified within the definitions herein set forth if such workers are employed by and under the supervision of a contractor qualified in the trade concerned and working with a master or journeyman on the job site, if the grade concerned requires masters and journeymen. Workers not qualified and certified within the definitions herein set forth may work as day laborers for an owner-builder in any trade not requiring masters, journeymen or installers.
(b)
No person or entity shall submit a bid, nor shall any contract be awarded, on any County or municipal public works project in Miami-Dade County unless such person or firm has complied with subsection (a) of Section 10-3 above. Any bid not in compliance with this section shall be null and void. Any person or entity who fails to maintain his certification as a contractor before the completion of work on any County or municipal project in Miami-Dade County where certification is necessary under this Code shall be in default under the contract except as provided for under Section 10-16(b).
(c)
The only construction-related activities that persons holding certificates of competency or eligibility as contractors as a result of action by an agency other than the Board or the State of Florida as specified above may perform as contractors is disaster repair work in Miami-Dade County. Those persons are required to register with the Board in order to contract to perform disaster repair work in Miami-Dade County. Disaster repair work is nonstructural work required to repair structures and systems destroyed by natural causes, provided the area is declared a National Disaster Area and the repair costs do not exceed more than fifty (50) percent of the value of the structure or system which was damaged. Applicants for such registration shall pass an examination of the Florida Building Code. Other than payment of the processing fee provided herein and meeting the competency standards administratively imposed by the Director of the Department of Regulatory and Economic Resources, including the designation of a resident agent for service of process and proof of Florida Workers Compensation insurance there shall be no additional prerequisites for an applicant taking such examination. An applicant shall only be entitled to sit for one (1) examination. Failure to pass such examination shall result in denial of the registration. The registration shall be valid for six (6) months from the date the area is declared a National Disaster Area. The Department of Regulatory and Economic Resources shall collect a fee as established by separate administrative order to cover the cost of processing the application for registration as well as documentation from the agency from which the person received certification.
(d)
Notwithstanding the provisions of Section 10-3(c) above, a voluntary relief builder shall be entitled to perform construction, repair and reconstruction work, including structural and all other trades identified in this chapter, subject to the terms and conditions of this section. For purposes of this section, a voluntary relief builder is any person that represents or is a member, employee or agent of a non-profit corporation, fund or foundation that is organized and existing exclusively for religious, charitable or educational purposes; and who will render services free of any remuneration or consideration, other than reimbursement for actual expenses for materials incurred by the builder in conjunction with the work to be accomplished under the terms of this section; and who otherwise complies with the proficiency, registration and documentation requirements set forth in this section.
Voluntary relief builders shall be required to register with the Department of Regulatory and Economic Resources, and/or a designated non-profit corporation that is determined by the Board as qualified to make and certify compliance herewith. The voluntary relief builder shall demonstrate to the Department of Regulatory and Economic Resources, or its above-noted designee, that he/she is registered, licensed or certified to conduct construction, reconstruction or repairs, including such trades as are regulated under the provisions of this chapter, under the provisions of any other state, county, or municipal construction trades licensing program or legislative system. The Department of Regulatory and Economic Resources, or through its designee, may require such reasonable documentation as may be required to determine the current licensing status of the voluntary relief builder, either prior to or during the course of any permit application sought by the voluntary relief builder and permitted under the terms of this ordinance. A voluntary relief builder who has worked in a jurisdiction which does not require a license to engage in the construction trades may register with the Department of Regulatory and Economic Resources upon presenting such reasonable documentation as required by the Director to demonstrate at least one (1) year of experience in the building trades or pass the oral examination that is given to owner-builder permit applicants.
As a condition of obtaining a building permit, a voluntary relief builder shall furnish an affidavit, reasonably satisfactory to the Building Official of the jurisdiction, and executed by the voluntary relief builder and the owner of the structure or property to be constructed, reconstructed or repaired, which identifies the structure and property; the organization represented by the voluntary relief builder; and, which states that the services are being performed without remuneration, as set forth herein.
A voluntary relief builder may only receive a permit which is sought solely for the construction, reconstruction or repair of a single-family or duplex residence where the owner of the property certifies that said residence is to be used and occupied by the owner executing the affidavit required by this section, and that said residence is not intended for sale or resale at the time of application for said permit. The Building Official of the jurisdiction will expedite interim and final inspections for any permits issued under the terms of this section.
A voluntary relief builder who files an application for a permit for the construction, reconstruction or repair of any church, medical clinic, child or adult daycare facility or adult congregate living facility, shall be subject to approval by the Building Official of the jurisdiction demonstrating his/her competency by passing a written examination to be administered for this purpose by the Building Official of the jurisdiction.
Registration under this section shall be effective for one (1) year from the date of occurrence of a natural disaster and is subject to renewal for successive one (1) year periods upon approval of the County Commission.
(Ord. No. 59-41, 11-3-59; Ord. No. 67-82, § 1, 10-17-67; Ord. No. 78-91, § 1, 12-12-78; Ord. No. 87-71, § 1, 10-20-87; Ord. No. 91-116, § 1, 10-1-91; Ord. No. 92-91, § 1, 9-10-92; Ord. No. 92-157, § 2, 12-15-92; Ord. No. 93-18, § 1, 3-2-93; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 6, 9-3-98; Ord. No. 13-08, § 1, 2-5-13)
Annotation— CAO's 77-55, 78-39.