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Home My WebLink About22-026 ORDINANCE NO. 22-026 AN ORDINANCE AMENDING CHAPTER 10 (BUILDINGS AND BUILDING REGULATIONS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS; BY AMENDING SECTION 10-22 (EXAMINING BOARDS) TO REVISE THE REQUIREMENTS FOR APPOINTMENTS TO THE BOARD; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS,the Board of County Commissioners of St. Lucie County, Florida has made the following determinations: 1. The State of Florida has determined that construction and home improvement industries may pose significant harm to the public when incompetent or dishonest contractors provide unsafe, unstable, or short-lived products or services, and further, that it is necessary in the interest of the public health, safety, and welfare to regulate the construction and home improvement industries; and 2. The State of Florida regulates construction and home improvement industries by providing for certification or registration of competent, qualified contractors, pursuant to Chapter 489, Florida Statutes. St. Lucie County regulates these industries by providing for certification through certificates of competency issued to competent, qualified contractors, pursuant to Laws of Florida, Chapter 67-2000, codified as Chapter 10, St. Lucie County Code of Ordinances and Compiled Laws; and 3. Section 489.1054G4 12 , Florida Statutes envisions country regulation of the construction and home improvement industries; and 4. On April 7, 1992, this Board approved Ordinance 92-04 amending the County's Regulations regarding the Licensing and Certification of Contractors in the unincorporated areas of St. Lucie County; and MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5095137 09/09/2022 09:00:17 AM OR BOOK 4886 PAGE 1328-1332 Doc Type:ORDN RECORDING: $44.00 1 S/ATTY/Ordinances/2022/Contractors Examining Board 5. On May 11, 1993, this Board approved Ordinance 93-10 amending the County's Regulations regarding the Licensing and Certification of Contractors in the unincorporated areas of St. Lucie County; and 6. On May 28, 1996, this Board approved Ordinance 96-013 further clarifying the procedures forthe review of disciplinary procedures before the Contractor Examining Board; and 7. On March 2, 2021, this Board approved Ordinance 21-005 further clarifying the procedures forthe review of disciplinary procedures before the Contractor Examining Board; and 8. Through the implementation of Chapter 10 of the Code of Ordinances for St. Lucie County, it has become evident St. Lucie County Contractor's Licensing Board has been unable to fulfill the position of licensed Architect for over ten years; and 9. The position of licensed Engineer is empty, and the St. Lucie County Contractor's Licensing Board has been unable to fill the position; and 10. Section 61G4-20.001 Florida Administrative Code states, " The membership of such local government body having the authority to discipline state registered contractors shall, whenever practical, include at a minimum an architect, a business person, an engineer, and at least one contractor who is registered or certified under Sections 489.105(3)(a)-(c), F.S., and one contractor who is registered or certified under Sections 489.105(3)(d)-(o), F.S. ( emphasis added). 11. The proposed amendments to Chapter 10 of the Code of Ordinances for St. Lucie County, are consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida; and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. AMENDMENT OF CHAPTER 10, ARTICLE I. BUILDINGS AND BUILDING REGULATIONS. 2 S/ATTY/Ordinances/2022/Contractors Examining Board Article I, Chapter 10, Buildings and Building Regulations, of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida is hereby amended as follows: ARTICLE H. IN GENERAL CONSTRUCTION INDUSTRY LICENSING AND EXAMINATION OF CONSTRUCTION CONTRACTORS. DIVISION 1. GENERALLY. SECTION 10-22. EXAMINING BOARDS. (a) The board of county commissioners shall establish a contractor's examining board and such other examining boards as it deems necessary for the proper administration of this article. The contractors examining board shall consist of ten members who have been residents of the county for at least two years prior to the date of their appointment. Each county commissioner shall appoint one member to the contractors examining board. The remaining five members shall be appointed at large by the entire board. Appointments to the contractors examining board may include one member from each of the following fields: (1) An architect licensed to do business in the state or an individual with a bachelor's degree in the field of architecture. (2) An engineer licensed to do business in the state or an individual with a bachelor's degree in the field of engineering. (3) A swimming pool, roofing, or other specialty contractor. (4) A general, residential, or building contractor. (5) An electrical contractor. (6) A plumbing contractor. (7) A mechanical or air conditioning contractor. Appointments to the contractors examining board shall also include three members from the following interest areas consistent with the requirements of F.S. § 489.131(10): 3 S/ATTY/Ordinances/2022/Contractors Examining Board (-1a) Consumer representatives. The term of office of each member of the contractors examining board shall be for four years, but the board of county commissioners may remove any member of the contractors examining board at any time. Members appointed to fill vacancies caused by death, resignation, or removal shall serve the remainder of the unexpired term of their predecessors. The members of the contractors examining board shall serve without compensation. The term of office of each consumer representative to the contractors examining board shall be for four years. The board of county commissioners may remove any member of the contractors examining board at any time. Paragraphs (b) through (g) — No Changes PART B. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, St. Lucie County ordinances, County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to file with the Florida Department of State via electronic transmission. PART F. EFFECTIVE DATE. 4 S/ATTY/Ordinances/2022/Contractors Examining Board This ordinance shall take effect upon adoption. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Sean Mitchell AYE Vice Chair Frannie Hutchinson AYE Commissioner Chris Dzadovsky AYE Commissioner Linda Bartz AYE Commissioner Cathy Townsend AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions; provided, however, that parts B through H shall not be codified. PASSED AND DULY ADOPTED by the Board of County Commissioners of St. Lucie County this 6th day of September, 2022. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LU CQUNTY, F/LLOORRIIRA BY: DEPUTY CLERK oJ�t`( COIN CHAIR s m APPROVED AS TO FORM AND CORRECTNESS: F c°°Nrr, FLoa�O' BY: /L/Z� AsS •COUNTY ATTORNEY S S/ATTY/Ordinances/2022/Contractors Examining Board RON DESANTIS CORD BYRD Governor Secretary of State September 7, 2022 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: Vera Smith Dear Michelle Miller: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 22-026, which was filed in this office on September 7, 2022. Sincerely, Anya Owens Program Administrator ACO/wlh R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270