§ 9-9. Contractors.

Any person desiring to engage in the business or act in the capacity of a general contractor, builder, or any form of building contractor regulated by this chapter within the county shall first obtain either the appropriate state or county certificate of competency pursuant to the requirements of this section 9-9. The following provisions shall govern issuance of certificates of competency in the county:

(a)

In accordance with F.S. ch. 489, the BCC may provide for the examination of general contractors, builders, owner-builders, specialty contractors, electrical contractors, plumbing contractors, mechanical contractors, and practitioners of other trades regulated by this article desiring to secure a certificate of competency to perform the work embraced in any codes adopted by the board of county commissioners.

(b)

Standardized examinations, administered and proctored by Orange County or by a county-approved agency, shall be recognized as evidence of eligibility for issuance of a certificate of competency by the county; further, the examinations shall be evidence of eligibility for reciprocity with any municipality or county within the state that also recognizes such examinations.

(c)

The applicant shall specify in the application the class of contractor for which s/he seeks a certificate of competency and shall comply with the experience and education requirements of F.S. ch. 489. Each certificate of competency shall show the class of contracts for which the holder is certified.

(d)

To qualify for certification, -an applicant must obtain a minimum score of seventy-five percent (75%) on the appropriate examination.

(e)

Any person who is licensed by the county in a particular classification regulated by this article at the time of the effective date of this article shall be issued a certificate of competency at the time for regular renewal of the same without the requirement of an examination.

(f)

No person shall be issued a certificate of competency to engage in the business of, or act in the capacity of, a contractor until such person has:

(1)

Paid the prescribed license fee as provided herein; and

(2)

Filed with the county licensing authority a duly executed third party bond in accordance with section 9-10 of this chapter.

(g)

The following provisions apply to business organizations and qualifying agents therefor:

(1)

If an individual proposes to engage in contracting in his/her own name, a registration or certification may be issued only to that individual.

(2)

If the applicant proposes to engage in contracting as a partnership, corporation, business trust, or other legal entity, the applicant shall apply through a qualifying agent; the application shall state the name of the partnership and of its partners, the name of the corporation and of its officers and directors, the name of the business trust and its trustees, or the name of such other legal entity and its members; and the applicant shall furnish evidence of statutory compliance if a fictitious name is used. Such application shall also show that the qualifying agent is legally qualified to act for the business organization in all matters connected with its contracting business and that s/he has authority to supervise construction undertaken by such business organization. The registration or certification, when issued upon application of a business organization, shall be in the name of the qualifying agent, and the name of the business organization shall be noted thereon. If there is a change in any information that is required to be stated on the application, the business organization shall, within ten (10) days after such change occurs, mail the correct information to the department.

(3)

The qualifying agent shall be certified or registered under this article in order for the business organization to be certified or registered in the category of the business conducted for which the qualifying agent is certified or registered. If any qualifying agent ceases to be affiliated with such business organization, s/he shall so inform the department. In addition, if such qualifying agent is the only certified or registered individual affiliated with the business organization, the business organization shall notify the department of the termination of the qualifying agent and shall have a minimum of sixty (60) days from the termination of the qualifying agent's affiliation with the business organization in which to employ another qualifying agent. The business organization may not engage in contracting until a qualifying agent is employed.

(4)

The qualifying agent shall inform the department in writing when s/he proposes to engage in contracting in his/her own name or in affiliation with another business organization, and s/he or such new business organization shall supply the same information to the department as required of applicants under this article.

(h)

Nothing in this article nor the regulations adopted pursuant to this article, shall prohibit any owner from performing their own work upon their own residence, provided such owner first obtains the necessary building permits and does such work in a manner which complies with all applicable regulations adopted hereunder.

(i)

Any person or entity who is locally registered and does not currently desire to perform any work as a contractor, but desires to preserve their certificate of competency during a period while not engaged as a contractor, may apply for and receive a certificate as an inactive contractor. The fee for such certificate shall be fixed by the BCC and shall be paid upon application. All other certificates shall be deemed active. Anyone applying for and receiving a certificate as an inactive contractor shall not be required to provide a bond as specified above. Inactive contractor certificates shall become void five (5) years after issuance thereof. Thereafter the holder thereof shall be required to meet existing qualifications and apply for a new certificate of competency in accordance with the provisions of this article and any successor provisions. In lieu of the examination provision in section 9-9(a), a holder of an expired inactive contractor certificate may provide proof to the building official of satisfactory completion of at least seven (7) hours of continuing education credits for each year that the holder was inactive. The building official shall review the information for sufficiency, and may grant a waiver of the examination requirement for reinstatement of the certificate of competency as an inactive contractor.

(j)

Certificates of competency shall be valid for two (2) years. The fee for renewal shall be as set forth in the county fee schedule on file with the division of building safety.

(Code 1965, § 6-10; Laws of Fla. ch. 67-1828, § 10; Ord. No. 87-25, § 9, 7-21-87; Ord. No. 91-2, § 9, 1-15-91; Ord. No. 92-36, § 10(c), 11-10-92; Ord. No. 93-02, § 8(c), 1-19-93; Ord. No. 2001-26, § 1.(A., G.(1)), 12-18-01; Ord. No. 2005-13 , § 1(E), 10-4-05; Ord. No. 2009-12 , § 1, 4-28-09; Ord. No. 2015-06 , § 1, 2(A), 6-16-15)

Editor's note

Ord. No. 2015-06 , § 1, 2(A), adopted June 16, 2015, amended § 9-9, and in so doing changed the title of said section from "Certificates of competency; examination" to "Contractors," as set out herein.