- BUILDING CODE
Any person, firm, corporation or agent who shall violate a provision of this or the technical codes, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing systems, or has erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical or plumbing systems, in violation of a detailed statement or drawing submitted and permitted there under, shall be guilty of a misdemeanor or a felony, pursuant to F.S. § 489.127. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of code is committed or continued, and upon conviction of any such violation such person shall be punished within the limits and as provided by state law.
(Ord. No. 05-06-05)
The provisions of the following paragraphs shall constitute and be known and be cited as "The Standard Administrative Code for Highlands County, Florida," hereinafter known and referred to as the "administrative code."
(Ord. No. 05-06-05)
All building, structures, electrical, gas, mechanical and plumbing systems, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by any applicable codes when constructed, altered, or repaired shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings, structures, electrical, gas, mechanical, and plumbing systems.
(Ord. No. 05-06-05)
There is hereby established a department to be called the "building department" and the person in charge shall be known as the "building official."
(Ord. No. 05-06-05)
The building official shall have at least ten years experience or equivalent, as an architect, engineer, inspector, contractor, or superintendent of construction, or any combination of these, five years of which shall have been in responsible charge of work. The building official should be certified as a building official through a recognized certification program. The building official shall be appointed or hired pursuant to the Highlands County Personnel Rules and Regulations Manual.
(Ord. No. 05-06-05)
The building official is hereby authorized and directed to enforce the provisions of this and the technical codes. The building official is further authorized to render interpretations of these codes, which are consistent with their spirit and purpose.
(Ord. No. 05-06-05)
Whenever necessary to make an inspection to enforce any of the provisions of this or the technical codes, or whenever the building official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this Code, provided that if such building or premises is occupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such an entry request. If entry is refused, the building official shall have recourse to every remedy provided by law to secure entry. When the building official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official for the purpose of inspection and examination pursuant to the code.
(Ord. No. 05-06-05)
Upon notice from the building official or his designee, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of this building code or the technical codes or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the building official shall not be required to give written notice prior to stopping the work.
(Ord. No. 05-06-05)
A.
Misrepresentation of application. The building official may revoke a permit or approval issued under the provisions of this or the technical codes, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.
B.
Violation of code provisions. The building official may revoke a permit upon determination by the building official that the construction, erection, alteration, repair, moving, demolition, installation or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with the provisions of this or the technical codes.
(Ord. No. 05-06-05)
The building official, pursuant to the Highlands County Personnel Rules and Regulations Manual may designate chief inspectors to administer the provisions of the building, electrical, gas, mechanical and plumbing codes. They shall have at least ten years' experience or equivalent, as an architect, engineer, inspector, contractor, or superintendent of construction, or any combination of these, five years of which shall have been in responsible charge of the work. They should be certified through a recognized certification program for the appropriate trade. Removal from office shall be pursuant to the Highlands County Personnel Rules and Regulations Manual.
(Ord. No. 05-06-05)
The building official, pursuant to the Highlands County Personnel Rules and Regulations Manual, may appoint or hire a number of officers, inspectors, assistants and other employees as shall be authorized from time to time. A person shall not be appointed or hired as inspector of construction who has not had at least five years experience as a building inspector, engineer, architect, or as a superintendent, foreman or competent mechanic in charge of construction. The inspector should be certified, through a recognized certification program for the appropriate trade.
(Ord. No. 05-06-05)
The building official may designate as his deputy an employee in the department who shall, during the absence or disability of the building official, exercise all the powers of the building official. The deputy building official should have the same qualifications as listed in section 12.16.201 of this division.
(Ord. No. 05-06-05)
An officer or employee connected with the department, except one whose only connection is a member of the board established by this Building code, shall not be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, structure, service, system, or in the making of plans or of specifications thereof, unless he is the owner of such. This officer or employee shall not engage in any other work which is inconsistent with his duties or in conflict with interests of the department.
(Ord. No. 05-06-05)
The building official shall keep, or cause to be kept, a record of the business of the department. The records of the department shall be open to public inspection.
(Ord. No. 05-06-05)
Any officer or employee, or member of the construction licensing enforcement and appeals board charged with the enforcement of this or the technical codes, acting for the BCC in the discharge of his duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee or member because of such act performed by him in the enforcement of any provision of this or the technical codes shall be defended by the county until the final termination of the proceedings.
(Ord. No. 05-06-05)
The building official shall submit, annually a report covering the work of the building department during the preceding year. The building official may incorporate in said report a summary of the decisions of the construction licensing, enforcement and appeals board during said year.
(Ord. No. 05-06-05)
All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the Standard Unsafe Building Abatement Code or by the Highlands County Standard Housing Code.
(Ord. No. 05-06-05)
Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing systems, or for the public safety, health and general welfare, not specifically covered by this or the technical codes, shall be determined by the building official.
(Ord. No. 05-06-05)
A.
Prior to issuance of permits for development as defined by this Code, there shall first be on file approved by official county action, a final development order pertaining to a plat, site plan, or improvement plan pursuant to the requirements of article 4 of this chapter for the project, unless the project qualifies for an exemption. In addition, the contractor must obtain a residential driveway permit from the county engineer's office, unless exempt pursuant to section 12.09.112.B. of this Code.
B.
Each application for a permit shall contain a general description of the proposed work and a boundary survey prepared by a Florida Professional Surveyor or Mapper on a new residential or new commercial building. A boundary survey is also required for accessory structures such as sheds, carports, detached garages, etc. when being placed on concrete. The following are exempted from the requirement for a boundary survey:
1.
Parcels over one acre;
2.
All mobile home parks that are owned by one person;
3.
All mobile home parks in the M-2 zoning district;
4.
All CG-1, CG-2, CG-3, and RV-FUD campgrounds or parks; and
5.
All signs, sheds or other buildings on skids, above-ground pools that are accessory structures, and fences, but not pool decks or pool cages.
C.
Building permits applications for single-family residential, duplex, and manufactured home are pursuant to the requirements of section 12.08.107, dwelling building permit requirements for single-family, manufactured home and duplex dwellings.
D.
A signed and sealed boundary and topographic survey, and a batter board survey shall be provided as required pursuant to Section 12.09.114 of this Code.
E.
Drawings and specifications. When required by the building official, three or more copies of specifications, and drawings drawn to scale with sufficient clarity and detail to indicate the nature and character of the work, shall accompany the application for a permit. Such drawings and specifications shall be in conformance with the Florida Building Code and Florida Fire Prevention Code. The building official may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the building official to be prepared by an architect or engineer shall be affixed with their official seal.
(Ord. No. 05-06-05; Ord. No. 05-06-30, § 85; Ord. No. 06-07-29, § 4; Ord. No. 06-07-37, § 9; Ord. No. 13-14-02, § 38; Ord. No. 16-17-17, § 286; Ord. No. 24-25-05, § 3)
A permit shall not be given by the building official for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public land, or for the placing on any lot or premises, unless the applicant has made application at the office of the county engineer for the lines of the public street on which he proposes to build, erect or locate said building; and it shall be the duty of the building official to see that the street lines are not encroached upon except as provided for in Chapter 32 of the Florida Building Code.
(Ord. No. 05-06-05)
It shall be the duty of every contractor who shall make contracts for the installation or repairs of building, structure, electrical, gas, mechanical or plumbing systems for which a permit is required to comply with state or local rules and regulations concerning licensing, which the BCC may have adopted.
(Ord. No. 05-06-05)
If in the opinion of the building official, the valuation of building, alteration, structure, electrical, gas, mechanical, or plumbing systems appears to be underestimated on the application, permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Permit valuations shall include total cost, such as electrical, gas, mechanical, plumbing equipment and other systems, including materials and labor.
(Ord. No. 05-06-05)
When requested by an applicant for an affordable housing project, as defined by F.S. Ch. 420, Pt. VI, and the application is determined to be complete, the county shall grant first priority in review and processing to expedite the issuance of all building permit applications, preliminary and a final development orders, and all applicable development permits. To affect the successful issuance of a development order and/or permit, the county shall continually monitor the progress of the application. The project, however shall comply with all requirements of these regulations not elsewhere exempted.
(Ord. No. 05-06-05; Ord. No. 05-06-30, § 86)
Before issuing a permit the building official may examine or cause to be examined any building, electrical, gas, mechanical or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. The building official shall inspect all buildings, structures, electrical, gas, mechanical and plumbing systems from time to time, during and upon completion of the work for which a permit was issued. The building official shall make a record of every such examination and inspection and of all violations of the technical codes.
(Ord. No. 05-06-05)
When deemed necessary the building official shall make, or cause to be made, an inspection of material or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes.
(Ord. No. 05-06-05)
The building official may make, or cause to be made, the inspections required by this division. The building official may accept reports of inspectors of recognized inspection services if satisfied as to their qualifications and reliability. A certificate called for by any provision of the technical codes shall not be based on such reports unless the same are in writing and certified by a responsible officer of such service.
(Ord. No. 05-06-05)
A.
A form board survey shall be required when proposed principal structures exceed the minimum required zoning setbacks by less than five feet or are closer than five feet to existing easements.
B.
A form board survey shall be required when accessory structures or additions to an existing principal structure exceed the minimum required zoning setbacks by less than 18 inches or are closer than 18 inches to existing easements.
C.
Any contractor or owner-builder who has received a variance on a zoning setback from the BOA after commencement of a permitted building or structure, shall be subject to the following:
1.
First offense: The contractor or owner-builder shall be required to submit a form board survey on subsequently permitted buildings and structures prior to completion of the initial building inspection for a period of one year from the date the variance is granted;
2.
Second offense: The contractor or owner-builder shall be required to submit a form board survey on subsequently permitted buildings and structures prior to completion of the initial building inspection for a period of three years from the date the variance is granted;
3.
Third offense or more: The contractor or owner-builder shall be required to submit a form board survey on all subsequently permitted buildings and structures prior to completion of the initial building inspection.
D.
Any contractor or owner-builder who, after January 1, 2009, receives a vacation of a portion or all of a drainage and/or utility easement from the board of county commissioners after commencement of a permitted building or structure shall be subject to the following:
1.
First offense: The contractor or owner-builder shall be required to submit a form board survey on subsequently permitted buildings and structures prior to completion of the initial building inspection for a period of one year from the date the vacation is granted;
2.
Second offense: The contractor or owner-builder shall be required to submit a form board survey on subsequently permitted building and structures prior to completion of the initial building inspection for a period of three years from the date the vacation is granted; and
3.
Third offense or more: The contractor or owner-builder shall be required to submit a form board survey on all subsequently permitted building and structures prior to completion of the initial building inspection.
E.
The form board survey shall be performed by a registered land surveyor and shall show all zoning setbacks, all easements, and the location of the building form boards relative to the property lines. The county building official and the development services director shall maintain a record of anyone who must comply with this requirement.
F.
Exempt from this provision are:
1.
All signs, sheds or other buildings on skids, above-ground pools that are accessory structures, and fences, but not pool decks or pool cages;
2.
All structures in a mobile home park owned by one person; this exemption does not apply to permanent structures located within 18 inches of the adjacent perimeter setback of the mobile home park;
3.
All structures in mobile home parks in the M-2 zoning district; this exemption does not apply to permanent structures located within 18 inches of the adjacent perimeter setback of the mobile home park;
4.
All structures in CG-1, CG-2, CG-3 and RV-FUD campgrounds; this exemption does not apply to permanent structures located within 18 inches of the adjacent perimeter setback of the campground;
5.
If the building exceeds the minimum setback requirement of that district by an additional 25 feet or more.
(Ord. No. 05-06-05; Ord. No. 06-07-29, § 5; Ord. No. 06-07-37, § 10; Ord. No. 08-09-63, § 4; Ord. No. 16-17-17, § 287; Ord. No. 19-20-09, § 110; Ord. No. 21-22-11, § 2)
A location survey by a Florida professional surveyor or mapper indicating legal setbacks must be submitted prior to the issuance of certificate of occupancy. Parcels over one acre, all mobile home parks that are owned by one person, all mobile home parks in the M-2 zoning district, and all uses in CG-1, CG-2, CG-3 and RV-FUD are exempted from the requirement of a location survey.
(Ord. No. 05-06-05)
A certificate of occupancy for any existing building may be obtained by applying to the building official and supplying the information and data necessary to determine compliance with the technical codes for the occupancy intended. Where necessary, in the opinion of the building official, two sets of detailed drawings or a general inspection, or both, may be required. When upon examination and inspection, it is found that the building conforms to the provisions of the technical codes and other applicable laws and ordinances for such occupancy, a certificate of occupancy shall be issued.
(Ord. No. 05-06-05)
The building official may require tests or test reports as proof of compliance. Required tests are to be made at the expense of the owner or his agent by an approved testing laboratory or other approved agency.
(Ord. No. 05-06-05)
All contractors, specialty contractors and handypersons shall register with the Highlands County Building Department prior to contracting work to be performed in Highlands County, Florida.
(Ord. No. 05-06-05)
For purposes of this Code, contractors are designated as defined in F.S. Ch. 489.
(Ord. No. 05-06-05)
For the purposes of this Code, specialty contractors are designated in the following categories, to the extent that the following categories are not regulated by the State of Florida Construction Licensing Board and F.S. ch. 489, specialty contractors are also designated to include any other categories that are not regulated by and F.S. ch. 489, or any other rule, regulation or other provision of Florida law, as it may be amended:
A.
Aluminum contractor. Those who are qualified to fabricate, install, repair, alter or extend aluminum structures, including screen rooms, with solid or screen roofs, metal siding, soffits, gutters and awnings.
B.
Aluminum/concrete contractor. The scope of work of an aluminum contractor shall include and be limited to the fabrication, assembling, handling, erection, installation dismantling, adjustment, alteration, repair, servicing and design work, when not prohibited by law, of aluminum metal, vinyl and fiberglass screening material. The scope of work shall include and be limited to screened porches, screen enclosures, pool enclosures, pre-formed panel-post and beam roofs, mobile home panel roof-overs residential glass window enclosures, vinyl panel window enclosures, single story self contained aluminum utility storage structures (not to exceed 500 square feet), siding, soffit, fascia, gutters and awnings. The scope of work shall include masonry concrete work and be limited foundations, slabs and block knee walls not to exceed four feet incidental to the aluminum and allied materials construction work. This category includes, but is not limited to, metal, canvas and other storm shutters. This contractor shall not perform any work that alters the structural integrity of the building, including, but not limited to, roof trusses, lintels, load bearing walls and foundations.
C.
Carpentry/framing contractor. Those who have the knowledge and skill to install any wood products in a building including, but not limited to, rough framing, structural and nonstructural, trusses, sheathing, and metal framing; and the work of the finish carpentry contractor.
D.
Concrete forming and placing contractor. Those who are qualified to construct forms and form work for the casting and shaping of concrete, including, but not limited to columns, beams, decks, and window frames; to place and erect concrete reinforcement to batch and mix aggregate cement and water to specification incidental to placing concrete; and to pour, place and finish concrete.
E.
Concrete placing and finishing contractor. Those who are qualified to pour, place, and finish concrete flatwork (supported slabs, slab on grade, sidewalks, etc.) including placement of concrete reinforcement, plastic vapor barriers, and edge forms incidental thereto.
F.
Cultured marble installer. Those who are qualified to set cultured marble.
G.
Finish carpentry contractor. Those who have the knowledge and skill to install finish wood products including paneling, trim cabinetry, doors, windows (including metal), stair treads and handrails and all hardware incidental thereto.
H.
Demolition contractor. Those who are qualified to demolish and remove structures, such as dwellings, commercial buildings and foundations.
I.
Drywall/stucco/plaster/lath contractor. Those who are qualified to install gypsum drywall and plaster products to wood and metal studs, wood and steel joists, and metal runners in buildings of unlimited area and height. The scope of the 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 trim. Those who are qualified to coat surfaces with a mixture of sand or other aggregate gypsum plaster, portland cement or quick lime and water, or any combination of such material as to create a permanent surface coating.
J.
Fence installer. Those who are qualified to install, replace or repair fencing including, but not limited to, wood, metal, chain link or masonry fences.
K.
Garage door installer. A contractor under this classification is authorized to bid and contract for such work as selecting, cutting, surfacing, joining, sticking, gluing wood and other products and materials including metal, but not including ornamental iron, in such a manner, that under agreed specifications, acceptable doors may be installed in building and structures, such installation to include the necessary hardware as is necessary to connecting, closing, and locking such doors in their fabricated and installed framework.
L.
Glass and glazing installer. Those who are qualified to select, cut assemble, and install all makes and kinds of glass and glasswork and execute the glazing frames, panels, sash and door and holding metal frames, ornamental decorations, mirrors, tub and shower enclosures.
M.
Insulation contractor. 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.
N.
Irrigation sprinkler contractor. Those who are qualified to install, maintain, repair, alter, or extend all piping and sprinkler heads for the irrigation of lawns, including the connection to a water pump.
O.
Electrical contractor (low voltage - 50 volts or less). Those who are qualified to install, maintain, repair, alter or extend any low voltage electrical construction less than 50 volts or equivalent rms.
P.
Marine contractor. Those who are qualified with the experience and skill to construct sea walls, bulkheads, docks, piers, wharfs, and other marine structures, including pile driving.
Q.
Masonry/block contractor. Those who are qualified to select, cut and lay brick and concrete block or any other unit masonry products, lay brick and other baked clay products, rough cut and dress stone, artificial stone, and pre-cast block, structural glass brick or block and insulated concrete wall units. This work includes placement of reinforcing steel and concrete forming and placing incorporated into the masonry work.
R.
Masonry/concrete contractor. Those who are qualified to do the work of a masonry contractor and to pour, place, and finish concrete flatwork (floors, sidewalks, etc.) including placement of mesh reinforcement, vapor barriers, and edge forms incidental thereto.
S.
Mobile home installer. Florida Administrative Code, Rule 15C-2.0073(1), Installer Licensing Procedures and Requirements *This rule states "No person may perform manufactured/mobile home installation unless licensed by the department pursuant to F.S. § 320.8249, regardless of whether that person holds a local installer's license or any other local or state license".
T.
Painting contractor. 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 coat roofs.
U.
Sign contractor. Those who are qualified to erect signs. Such contractor may contract for, and take out permits for the erection of signs.
V.
Solar heater installer. Those who have the knowledge to install, alter, repair or replace any solar hot water heating system of residences or for swimming pools, including collectors, storage and expansion tanks, heat exchangers, piping valves, pumps, sensors, and low voltage controls which connect to existing plumbing and electrical stub-outs.
W.
Structural steel contractor. 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, including metal decking, siding, joists, riveting, welding, and rigging, only in connection therewith.
X.
Tile and marble contractor. Those who are qualified to set tile and marble.
(Ord. No. 05-06-05; Ord. No. 18-19-20, § 1)
For purposes of this building code, a handyperson may perform work of a casual, minor or inconsequential nature in the categories of work described in F.S. Ch. 489, Pt. I (other than the categories of general contractor, Class A air-conditioning contractor, Class B air-conditioning contractor, commercial pool/spa contractor, residential pool/spa contractor, underground utility and excavation contractor, and pollutant storage systems contractor) for which a building permit is not required, in which the aggregate price for labor, materials, and all other items is less than $1,000.00 and the construction, repair, remodeling, or improvement is not 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 $1,000.00 for the purpose of evading this limitation or F.S. Ch. 489, Pt. I.
Except as allowed by this section 12.16.403, a handyperson shall not perform any work in the categories listed in section 12.16.401 and section 12.16.402 of this article. A person performing work as a handyperson pursuant to the exemption provided in F.S. § 489.103(9), and this section shall not advertise that he or she is a "contractor" or otherwise represent that he or she is qualified to engage in "contracting" as those terms are defined in F.S. § 489.105. After September 30, 2000, no person shall perform work for compensation in the categories of work described in F.S. Ch. 489, Pt. I, except as an employee to the extent allowed by F.S. Ch. 489, unless issued a handyperson registration certificate by the county or a state contractor's license or certificate of competency issued by the county for the category of work performed.
(Ord. No. 05-06-05; Ord. No. 05-06-30, § 87)
All persons desiring to engage in the business or act in the capacity of any type of contractor or subcontractor, shall have a state-issued or county-issued certificate of competency and be registered with the State of Florida, in accordance with F.S. Ch. 489. Specialty contractors shall also have a certificate of competency issued by the county. However, the county may give reciprocity upon the existence of the following conditions: 1) a contractor or specialty contractor provides evidence of possession of a current local license in good standing issued by another Florida municipality, political subdivision, or other government agency; and 2) the county determines that the requirements of that issuing Florida municipality, political subdivision, or other government agency are substantially similar and acceptable to the county.
(Ord. No. 05-06-05; Ord. No. 18-19-20, § 2)
To obtain a county certificate of competency as a contractor, an individual must:
A.
Provide proof of qualifications and experiences as stated in F.S. Ch. 489, or other proof of competency acceptable to the construction licensing, enforcement and appeals board which shall be approved on a case by case basis.
B.
Provide such other information and documentation as is required by the county building division and the construction licensing, enforcement and appeals board, including, but not limited to, a summary of qualifications, experience, history of employment, record of law violations, credit rating, outstanding judgments, and photograph of the applicant.
C.
Receive final approval after review of all pertinent information by the construction licensing, enforcement and appeals board.
D.
Pass a competency examination as required by the construction, licensing, enforcement and appeals board.
E.
Upon submission of an application for a county certificate of competency, provide a certificate of insurance coverage required by statute, regulation, ordinance, or resolution, whichever is greater, and proof of worker's compensation insurance or evidence of entitlement to an exemption from the requirement to maintain worker's compensation insurance, pursuant to statutory authority. Proof of insurance coverage and worker's compensation insurance as required by this paragraph shall be provided to the county on a biannual basis.
(Ord. No. 05-06-05; Ord. No. 18-19-20, § 3)
To obtain a certificate of competency as a county specialty contractor, an individual must:
A.
Provide proof of qualifications and experience in his specialty by means of a signed affidavit attesting to at least one year of experience in the specialty field the individual is requesting or other proof of competency acceptable to the construction licensing, enforcement and appeals board approved on a case by case basis.
B.
Provide such other information and documentation as is required by the county building division and the construction licensing, enforcement and appeals board, including, but not limited to, a summary of qualifications, experience, history of employment, record of law violations, credit rating, outstanding judgments, and photograph of the applicant.
C.
Receive final approval after review of all pertinent information by the construction licensing, enforcement and appeals board. However, during the interim period following an applicant's submission of the information and documentation required in subsection B. of this section, and the granting of final approval by the construction licensing, enforcement and appeals board, the county building division may grant a 60-day provisional county certificate of competency to a county specialty contractor following the building official's review of that information and documentation and determination that competency has been demonstrated. The 60-day provisional county certificate of competency is subject to extension or termination by the construction licensing, enforcement and appeals board.
D.
Upon submission of an application for a county certificate of competency, provide a certificate of insurance coverage required by statute, regulation, ordinance, or resolution, whichever is greater, and proof of worker's compensation insurance or evidence of entitlement to an exemption from the requirement to maintain worker's compensation insurance, pursuant to statutory authority. Proof of insurance coverage and worker's compensation insurance as required by this paragraph shall be provided to the county on a biannual basis.
E.
Exemption. Any person who is not required to obtain registration or certification pursuant to F.S. § 489.105(3)(d)—(o), may perform contracting services for the construction, remodeling, repair, or improvement of single-family residences, including a townhouse as defined in the Florida Building Code, without obtaining a local license if such person is under the supervision of a certified or registered general, building, or residential contractor, as provided by Florida law.
(Ord. No. 05-06-05; Ord. No. 18-19-20, § 4)
A.
In order to obtain a handyperson registration certificate, an individual must:
1.
Provide proof of qualifications and experience by means of a signed affidavit attesting to experience in five or more of the categories of work described in F.S. Ch. 489, Pt. I, including at least one year of experience in at least one of those categories and other proof of competency acceptable to the construction licensing, enforcement and appeals board. Provide proof of experience in five categories.
2.
Provide such other information and documentation as is required by the county building department and the construction licensing, enforcement and appeals board, including, but not limited to, a summary of qualifications, experience, history of employment, record of law violations, credit rating, outstanding judgments, and photograph of the applicant.
3.
Receive final approval after review of all pertinent information by the construction licensing, enforcement and appeals board.
4.
Provide certificate of insurance for the coverage required by statute, regulation, ordinance, or resolution, whichever is greater.
B.
In order to obtain a county registration for a state certified contractor the licensee must:
1.
Provide proof of state certification.
2.
Provide certificate of insurance for the coverage required by statute, regulation, ordinance, or resolution, whichever is greater.
(Ord. No. 05-06-05)
A.
It shall be unlawful for any person, firm, or corporation that does not have a valid certificate of competency to engage in or represent himself, herself, itself or themselves, as a contractor or to use words in any advertising, sign, or business card which would imply the advertiser to be a contractor or specialty contractor. Telephone or advertisement listing may not appear under categories above the limits of the license holder's qualification to perform said work as set forth in F.S. § 489.105. Example: a class "B" building contractor may not advertise under a "general contractor" heading, but may advertise under "building contractor" or "residential contractor" headings.
B.
It shall be unlawful for any contractor to enter into any written contract unless the State of Florida certification or registration number is displayed on said contract. Specialty contractors shall display their county registration number.
C.
It shall be unlawful for any person to advertise as a contractor in any newspaper, telephone directory, billboard, sign, business card, or any other form of solicitation unless the State of Florida certification or registration number is included in such advertising or solicitation. Specialty contractors shall display their county registration number.
D.
Any person, firm or corporation in legal possession of a valid certificate of competency and engaged in the business of contracting in the county shall display a permanent sign on the place of business and all work vehicles. Such signs shall state the name of the firm or corporation, individual holding said certificate of competency (if substantially different from the firm's name), and State of Florida issued certification or registration number.
E.
It shall be unlawful for any contractor to enter into any written contract unless the state certification number or state registration number is displayed on said contract. Specialty contractors shall display their county registration number.
(Ord. No. 05-06-05)
The county building department shall require all persons applying for an "owner builder permit" to sign a statement that they will abide by all laws including the hiring of only licensed contractors. The statement will clarify the fact that the home is intended for occupancy by the owner builder for a minimum period of one year from issuance of the certificate of occupancy.
(Ord. No. 05-06-05)
Pursuant to this section it is the board of county commissioner's intention to enforce the provisions of F.S. § 489.127(1), and F.S. § 489.132(1), against persons who engage in activity for which a county or municipal certificate of competency or license or state certification or registration is required as allowed by F.S. § 489.127(5).
A.
Highlands county designates the Highlands County Building Official and all Highlands County Building Inspectors and any building code enforcement officers who are designated by the building official to enforce, as set out in F.S. § 489.127(5), the provisions of F.S. § 489.127(1), and F.S. § 489.132(1), against persons who engage in activity for which a county or municipal certificate of competency or license or state certification or registration is required.
B.
The citation issued by the Highlands County Building Official or any Highlands County Building Inspector or any building code enforcement officers who are designated by the building official pursuant to F.S. § 489.127(5), shall be in a form prescribed by resolution of the Highlands County Board of County Commissioners having, at a minimum, the content required by F.S. § 489.127(5).
C.
The Highlands County CLEAB shall be responsible for the administration of the citation program and training of the Highlands County Building Official and the Highlands County Building Inspectors and any building code enforcement officers who are designated by the building official issuing citations pursuant to F.S. § 489.127(5). In any appeal arising out the issuance of a citation by the Highlands County Building Official or a Highlands County Building Inspector or any building code enforcement officers who are designated by the building official pursuant to F.S. § 489.127(5), any administrative hearing held pursuant to F.S. § 489.127(5), shall be held by the Highlands County CLEAB.
D.
Any unlicensed person who violates any of the provisions of F.S. 489.127(1), or F.S. § 489.132(1), commits a noncriminal infraction punishable by a civil penalty in the amount of $500.00 for each violation which shall be assessed by the citation issued by the Highlands County Building Official or Highlands County Building Inspector and any building code enforcement officers who are designated by the building official pursuant to F.S. § 489.127(5).
E.
Monies collected pursuant to F.S. § 489.127(5), shall be deposited into the general revenue account of the Highlands County Board of County Commissioners.
(Ord. No. 05-06-05)
- BUILDING CODE
Any person, firm, corporation or agent who shall violate a provision of this or the technical codes, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing systems, or has erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical or plumbing systems, in violation of a detailed statement or drawing submitted and permitted there under, shall be guilty of a misdemeanor or a felony, pursuant to F.S. § 489.127. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of code is committed or continued, and upon conviction of any such violation such person shall be punished within the limits and as provided by state law.
(Ord. No. 05-06-05)
The provisions of the following paragraphs shall constitute and be known and be cited as "The Standard Administrative Code for Highlands County, Florida," hereinafter known and referred to as the "administrative code."
(Ord. No. 05-06-05)
All building, structures, electrical, gas, mechanical and plumbing systems, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by any applicable codes when constructed, altered, or repaired shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings, structures, electrical, gas, mechanical, and plumbing systems.
(Ord. No. 05-06-05)
There is hereby established a department to be called the "building department" and the person in charge shall be known as the "building official."
(Ord. No. 05-06-05)
The building official shall have at least ten years experience or equivalent, as an architect, engineer, inspector, contractor, or superintendent of construction, or any combination of these, five years of which shall have been in responsible charge of work. The building official should be certified as a building official through a recognized certification program. The building official shall be appointed or hired pursuant to the Highlands County Personnel Rules and Regulations Manual.
(Ord. No. 05-06-05)
The building official is hereby authorized and directed to enforce the provisions of this and the technical codes. The building official is further authorized to render interpretations of these codes, which are consistent with their spirit and purpose.
(Ord. No. 05-06-05)
Whenever necessary to make an inspection to enforce any of the provisions of this or the technical codes, or whenever the building official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this Code, provided that if such building or premises is occupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such an entry request. If entry is refused, the building official shall have recourse to every remedy provided by law to secure entry. When the building official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official for the purpose of inspection and examination pursuant to the code.
(Ord. No. 05-06-05)
Upon notice from the building official or his designee, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of this building code or the technical codes or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the building official shall not be required to give written notice prior to stopping the work.
(Ord. No. 05-06-05)
A.
Misrepresentation of application. The building official may revoke a permit or approval issued under the provisions of this or the technical codes, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.
B.
Violation of code provisions. The building official may revoke a permit upon determination by the building official that the construction, erection, alteration, repair, moving, demolition, installation or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with the provisions of this or the technical codes.
(Ord. No. 05-06-05)
The building official, pursuant to the Highlands County Personnel Rules and Regulations Manual may designate chief inspectors to administer the provisions of the building, electrical, gas, mechanical and plumbing codes. They shall have at least ten years' experience or equivalent, as an architect, engineer, inspector, contractor, or superintendent of construction, or any combination of these, five years of which shall have been in responsible charge of the work. They should be certified through a recognized certification program for the appropriate trade. Removal from office shall be pursuant to the Highlands County Personnel Rules and Regulations Manual.
(Ord. No. 05-06-05)
The building official, pursuant to the Highlands County Personnel Rules and Regulations Manual, may appoint or hire a number of officers, inspectors, assistants and other employees as shall be authorized from time to time. A person shall not be appointed or hired as inspector of construction who has not had at least five years experience as a building inspector, engineer, architect, or as a superintendent, foreman or competent mechanic in charge of construction. The inspector should be certified, through a recognized certification program for the appropriate trade.
(Ord. No. 05-06-05)
The building official may designate as his deputy an employee in the department who shall, during the absence or disability of the building official, exercise all the powers of the building official. The deputy building official should have the same qualifications as listed in section 12.16.201 of this division.
(Ord. No. 05-06-05)
An officer or employee connected with the department, except one whose only connection is a member of the board established by this Building code, shall not be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, structure, service, system, or in the making of plans or of specifications thereof, unless he is the owner of such. This officer or employee shall not engage in any other work which is inconsistent with his duties or in conflict with interests of the department.
(Ord. No. 05-06-05)
The building official shall keep, or cause to be kept, a record of the business of the department. The records of the department shall be open to public inspection.
(Ord. No. 05-06-05)
Any officer or employee, or member of the construction licensing enforcement and appeals board charged with the enforcement of this or the technical codes, acting for the BCC in the discharge of his duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee or member because of such act performed by him in the enforcement of any provision of this or the technical codes shall be defended by the county until the final termination of the proceedings.
(Ord. No. 05-06-05)
The building official shall submit, annually a report covering the work of the building department during the preceding year. The building official may incorporate in said report a summary of the decisions of the construction licensing, enforcement and appeals board during said year.
(Ord. No. 05-06-05)
All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the Standard Unsafe Building Abatement Code or by the Highlands County Standard Housing Code.
(Ord. No. 05-06-05)
Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing systems, or for the public safety, health and general welfare, not specifically covered by this or the technical codes, shall be determined by the building official.
(Ord. No. 05-06-05)
A.
Prior to issuance of permits for development as defined by this Code, there shall first be on file approved by official county action, a final development order pertaining to a plat, site plan, or improvement plan pursuant to the requirements of article 4 of this chapter for the project, unless the project qualifies for an exemption. In addition, the contractor must obtain a residential driveway permit from the county engineer's office, unless exempt pursuant to section 12.09.112.B. of this Code.
B.
Each application for a permit shall contain a general description of the proposed work and a boundary survey prepared by a Florida Professional Surveyor or Mapper on a new residential or new commercial building. A boundary survey is also required for accessory structures such as sheds, carports, detached garages, etc. when being placed on concrete. The following are exempted from the requirement for a boundary survey:
1.
Parcels over one acre;
2.
All mobile home parks that are owned by one person;
3.
All mobile home parks in the M-2 zoning district;
4.
All CG-1, CG-2, CG-3, and RV-FUD campgrounds or parks; and
5.
All signs, sheds or other buildings on skids, above-ground pools that are accessory structures, and fences, but not pool decks or pool cages.
C.
Building permits applications for single-family residential, duplex, and manufactured home are pursuant to the requirements of section 12.08.107, dwelling building permit requirements for single-family, manufactured home and duplex dwellings.
D.
A signed and sealed boundary and topographic survey, and a batter board survey shall be provided as required pursuant to Section 12.09.114 of this Code.
E.
Drawings and specifications. When required by the building official, three or more copies of specifications, and drawings drawn to scale with sufficient clarity and detail to indicate the nature and character of the work, shall accompany the application for a permit. Such drawings and specifications shall be in conformance with the Florida Building Code and Florida Fire Prevention Code. The building official may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the building official to be prepared by an architect or engineer shall be affixed with their official seal.
(Ord. No. 05-06-05; Ord. No. 05-06-30, § 85; Ord. No. 06-07-29, § 4; Ord. No. 06-07-37, § 9; Ord. No. 13-14-02, § 38; Ord. No. 16-17-17, § 286; Ord. No. 24-25-05, § 3)
A permit shall not be given by the building official for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public land, or for the placing on any lot or premises, unless the applicant has made application at the office of the county engineer for the lines of the public street on which he proposes to build, erect or locate said building; and it shall be the duty of the building official to see that the street lines are not encroached upon except as provided for in Chapter 32 of the Florida Building Code.
(Ord. No. 05-06-05)
It shall be the duty of every contractor who shall make contracts for the installation or repairs of building, structure, electrical, gas, mechanical or plumbing systems for which a permit is required to comply with state or local rules and regulations concerning licensing, which the BCC may have adopted.
(Ord. No. 05-06-05)
If in the opinion of the building official, the valuation of building, alteration, structure, electrical, gas, mechanical, or plumbing systems appears to be underestimated on the application, permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Permit valuations shall include total cost, such as electrical, gas, mechanical, plumbing equipment and other systems, including materials and labor.
(Ord. No. 05-06-05)
When requested by an applicant for an affordable housing project, as defined by F.S. Ch. 420, Pt. VI, and the application is determined to be complete, the county shall grant first priority in review and processing to expedite the issuance of all building permit applications, preliminary and a final development orders, and all applicable development permits. To affect the successful issuance of a development order and/or permit, the county shall continually monitor the progress of the application. The project, however shall comply with all requirements of these regulations not elsewhere exempted.
(Ord. No. 05-06-05; Ord. No. 05-06-30, § 86)
Before issuing a permit the building official may examine or cause to be examined any building, electrical, gas, mechanical or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. The building official shall inspect all buildings, structures, electrical, gas, mechanical and plumbing systems from time to time, during and upon completion of the work for which a permit was issued. The building official shall make a record of every such examination and inspection and of all violations of the technical codes.
(Ord. No. 05-06-05)
When deemed necessary the building official shall make, or cause to be made, an inspection of material or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes.
(Ord. No. 05-06-05)
The building official may make, or cause to be made, the inspections required by this division. The building official may accept reports of inspectors of recognized inspection services if satisfied as to their qualifications and reliability. A certificate called for by any provision of the technical codes shall not be based on such reports unless the same are in writing and certified by a responsible officer of such service.
(Ord. No. 05-06-05)
A.
A form board survey shall be required when proposed principal structures exceed the minimum required zoning setbacks by less than five feet or are closer than five feet to existing easements.
B.
A form board survey shall be required when accessory structures or additions to an existing principal structure exceed the minimum required zoning setbacks by less than 18 inches or are closer than 18 inches to existing easements.
C.
Any contractor or owner-builder who has received a variance on a zoning setback from the BOA after commencement of a permitted building or structure, shall be subject to the following:
1.
First offense: The contractor or owner-builder shall be required to submit a form board survey on subsequently permitted buildings and structures prior to completion of the initial building inspection for a period of one year from the date the variance is granted;
2.
Second offense: The contractor or owner-builder shall be required to submit a form board survey on subsequently permitted buildings and structures prior to completion of the initial building inspection for a period of three years from the date the variance is granted;
3.
Third offense or more: The contractor or owner-builder shall be required to submit a form board survey on all subsequently permitted buildings and structures prior to completion of the initial building inspection.
D.
Any contractor or owner-builder who, after January 1, 2009, receives a vacation of a portion or all of a drainage and/or utility easement from the board of county commissioners after commencement of a permitted building or structure shall be subject to the following:
1.
First offense: The contractor or owner-builder shall be required to submit a form board survey on subsequently permitted buildings and structures prior to completion of the initial building inspection for a period of one year from the date the vacation is granted;
2.
Second offense: The contractor or owner-builder shall be required to submit a form board survey on subsequently permitted building and structures prior to completion of the initial building inspection for a period of three years from the date the vacation is granted; and
3.
Third offense or more: The contractor or owner-builder shall be required to submit a form board survey on all subsequently permitted building and structures prior to completion of the initial building inspection.
E.
The form board survey shall be performed by a registered land surveyor and shall show all zoning setbacks, all easements, and the location of the building form boards relative to the property lines. The county building official and the development services director shall maintain a record of anyone who must comply with this requirement.
F.
Exempt from this provision are:
1.
All signs, sheds or other buildings on skids, above-ground pools that are accessory structures, and fences, but not pool decks or pool cages;
2.
All structures in a mobile home park owned by one person; this exemption does not apply to permanent structures located within 18 inches of the adjacent perimeter setback of the mobile home park;
3.
All structures in mobile home parks in the M-2 zoning district; this exemption does not apply to permanent structures located within 18 inches of the adjacent perimeter setback of the mobile home park;
4.
All structures in CG-1, CG-2, CG-3 and RV-FUD campgrounds; this exemption does not apply to permanent structures located within 18 inches of the adjacent perimeter setback of the campground;
5.
If the building exceeds the minimum setback requirement of that district by an additional 25 feet or more.
(Ord. No. 05-06-05; Ord. No. 06-07-29, § 5; Ord. No. 06-07-37, § 10; Ord. No. 08-09-63, § 4; Ord. No. 16-17-17, § 287; Ord. No. 19-20-09, § 110; Ord. No. 21-22-11, § 2)
A location survey by a Florida professional surveyor or mapper indicating legal setbacks must be submitted prior to the issuance of certificate of occupancy. Parcels over one acre, all mobile home parks that are owned by one person, all mobile home parks in the M-2 zoning district, and all uses in CG-1, CG-2, CG-3 and RV-FUD are exempted from the requirement of a location survey.
(Ord. No. 05-06-05)
A certificate of occupancy for any existing building may be obtained by applying to the building official and supplying the information and data necessary to determine compliance with the technical codes for the occupancy intended. Where necessary, in the opinion of the building official, two sets of detailed drawings or a general inspection, or both, may be required. When upon examination and inspection, it is found that the building conforms to the provisions of the technical codes and other applicable laws and ordinances for such occupancy, a certificate of occupancy shall be issued.
(Ord. No. 05-06-05)
The building official may require tests or test reports as proof of compliance. Required tests are to be made at the expense of the owner or his agent by an approved testing laboratory or other approved agency.
(Ord. No. 05-06-05)
All contractors, specialty contractors and handypersons shall register with the Highlands County Building Department prior to contracting work to be performed in Highlands County, Florida.
(Ord. No. 05-06-05)
For purposes of this Code, contractors are designated as defined in F.S. Ch. 489.
(Ord. No. 05-06-05)
For the purposes of this Code, specialty contractors are designated in the following categories, to the extent that the following categories are not regulated by the State of Florida Construction Licensing Board and F.S. ch. 489, specialty contractors are also designated to include any other categories that are not regulated by and F.S. ch. 489, or any other rule, regulation or other provision of Florida law, as it may be amended:
A.
Aluminum contractor. Those who are qualified to fabricate, install, repair, alter or extend aluminum structures, including screen rooms, with solid or screen roofs, metal siding, soffits, gutters and awnings.
B.
Aluminum/concrete contractor. The scope of work of an aluminum contractor shall include and be limited to the fabrication, assembling, handling, erection, installation dismantling, adjustment, alteration, repair, servicing and design work, when not prohibited by law, of aluminum metal, vinyl and fiberglass screening material. The scope of work shall include and be limited to screened porches, screen enclosures, pool enclosures, pre-formed panel-post and beam roofs, mobile home panel roof-overs residential glass window enclosures, vinyl panel window enclosures, single story self contained aluminum utility storage structures (not to exceed 500 square feet), siding, soffit, fascia, gutters and awnings. The scope of work shall include masonry concrete work and be limited foundations, slabs and block knee walls not to exceed four feet incidental to the aluminum and allied materials construction work. This category includes, but is not limited to, metal, canvas and other storm shutters. This contractor shall not perform any work that alters the structural integrity of the building, including, but not limited to, roof trusses, lintels, load bearing walls and foundations.
C.
Carpentry/framing contractor. Those who have the knowledge and skill to install any wood products in a building including, but not limited to, rough framing, structural and nonstructural, trusses, sheathing, and metal framing; and the work of the finish carpentry contractor.
D.
Concrete forming and placing contractor. Those who are qualified to construct forms and form work for the casting and shaping of concrete, including, but not limited to columns, beams, decks, and window frames; to place and erect concrete reinforcement to batch and mix aggregate cement and water to specification incidental to placing concrete; and to pour, place and finish concrete.
E.
Concrete placing and finishing contractor. Those who are qualified to pour, place, and finish concrete flatwork (supported slabs, slab on grade, sidewalks, etc.) including placement of concrete reinforcement, plastic vapor barriers, and edge forms incidental thereto.
F.
Cultured marble installer. Those who are qualified to set cultured marble.
G.
Finish carpentry contractor. Those who have the knowledge and skill to install finish wood products including paneling, trim cabinetry, doors, windows (including metal), stair treads and handrails and all hardware incidental thereto.
H.
Demolition contractor. Those who are qualified to demolish and remove structures, such as dwellings, commercial buildings and foundations.
I.
Drywall/stucco/plaster/lath contractor. Those who are qualified to install gypsum drywall and plaster products to wood and metal studs, wood and steel joists, and metal runners in buildings of unlimited area and height. The scope of the 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 trim. Those who are qualified to coat surfaces with a mixture of sand or other aggregate gypsum plaster, portland cement or quick lime and water, or any combination of such material as to create a permanent surface coating.
J.
Fence installer. Those who are qualified to install, replace or repair fencing including, but not limited to, wood, metal, chain link or masonry fences.
K.
Garage door installer. A contractor under this classification is authorized to bid and contract for such work as selecting, cutting, surfacing, joining, sticking, gluing wood and other products and materials including metal, but not including ornamental iron, in such a manner, that under agreed specifications, acceptable doors may be installed in building and structures, such installation to include the necessary hardware as is necessary to connecting, closing, and locking such doors in their fabricated and installed framework.
L.
Glass and glazing installer. Those who are qualified to select, cut assemble, and install all makes and kinds of glass and glasswork and execute the glazing frames, panels, sash and door and holding metal frames, ornamental decorations, mirrors, tub and shower enclosures.
M.
Insulation contractor. 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.
N.
Irrigation sprinkler contractor. Those who are qualified to install, maintain, repair, alter, or extend all piping and sprinkler heads for the irrigation of lawns, including the connection to a water pump.
O.
Electrical contractor (low voltage - 50 volts or less). Those who are qualified to install, maintain, repair, alter or extend any low voltage electrical construction less than 50 volts or equivalent rms.
P.
Marine contractor. Those who are qualified with the experience and skill to construct sea walls, bulkheads, docks, piers, wharfs, and other marine structures, including pile driving.
Q.
Masonry/block contractor. Those who are qualified to select, cut and lay brick and concrete block or any other unit masonry products, lay brick and other baked clay products, rough cut and dress stone, artificial stone, and pre-cast block, structural glass brick or block and insulated concrete wall units. This work includes placement of reinforcing steel and concrete forming and placing incorporated into the masonry work.
R.
Masonry/concrete contractor. Those who are qualified to do the work of a masonry contractor and to pour, place, and finish concrete flatwork (floors, sidewalks, etc.) including placement of mesh reinforcement, vapor barriers, and edge forms incidental thereto.
S.
Mobile home installer. Florida Administrative Code, Rule 15C-2.0073(1), Installer Licensing Procedures and Requirements *This rule states "No person may perform manufactured/mobile home installation unless licensed by the department pursuant to F.S. § 320.8249, regardless of whether that person holds a local installer's license or any other local or state license".
T.
Painting contractor. 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 coat roofs.
U.
Sign contractor. Those who are qualified to erect signs. Such contractor may contract for, and take out permits for the erection of signs.
V.
Solar heater installer. Those who have the knowledge to install, alter, repair or replace any solar hot water heating system of residences or for swimming pools, including collectors, storage and expansion tanks, heat exchangers, piping valves, pumps, sensors, and low voltage controls which connect to existing plumbing and electrical stub-outs.
W.
Structural steel contractor. 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, including metal decking, siding, joists, riveting, welding, and rigging, only in connection therewith.
X.
Tile and marble contractor. Those who are qualified to set tile and marble.
(Ord. No. 05-06-05; Ord. No. 18-19-20, § 1)
For purposes of this building code, a handyperson may perform work of a casual, minor or inconsequential nature in the categories of work described in F.S. Ch. 489, Pt. I (other than the categories of general contractor, Class A air-conditioning contractor, Class B air-conditioning contractor, commercial pool/spa contractor, residential pool/spa contractor, underground utility and excavation contractor, and pollutant storage systems contractor) for which a building permit is not required, in which the aggregate price for labor, materials, and all other items is less than $1,000.00 and the construction, repair, remodeling, or improvement is not 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 $1,000.00 for the purpose of evading this limitation or F.S. Ch. 489, Pt. I.
Except as allowed by this section 12.16.403, a handyperson shall not perform any work in the categories listed in section 12.16.401 and section 12.16.402 of this article. A person performing work as a handyperson pursuant to the exemption provided in F.S. § 489.103(9), and this section shall not advertise that he or she is a "contractor" or otherwise represent that he or she is qualified to engage in "contracting" as those terms are defined in F.S. § 489.105. After September 30, 2000, no person shall perform work for compensation in the categories of work described in F.S. Ch. 489, Pt. I, except as an employee to the extent allowed by F.S. Ch. 489, unless issued a handyperson registration certificate by the county or a state contractor's license or certificate of competency issued by the county for the category of work performed.
(Ord. No. 05-06-05; Ord. No. 05-06-30, § 87)
All persons desiring to engage in the business or act in the capacity of any type of contractor or subcontractor, shall have a state-issued or county-issued certificate of competency and be registered with the State of Florida, in accordance with F.S. Ch. 489. Specialty contractors shall also have a certificate of competency issued by the county. However, the county may give reciprocity upon the existence of the following conditions: 1) a contractor or specialty contractor provides evidence of possession of a current local license in good standing issued by another Florida municipality, political subdivision, or other government agency; and 2) the county determines that the requirements of that issuing Florida municipality, political subdivision, or other government agency are substantially similar and acceptable to the county.
(Ord. No. 05-06-05; Ord. No. 18-19-20, § 2)
To obtain a county certificate of competency as a contractor, an individual must:
A.
Provide proof of qualifications and experiences as stated in F.S. Ch. 489, or other proof of competency acceptable to the construction licensing, enforcement and appeals board which shall be approved on a case by case basis.
B.
Provide such other information and documentation as is required by the county building division and the construction licensing, enforcement and appeals board, including, but not limited to, a summary of qualifications, experience, history of employment, record of law violations, credit rating, outstanding judgments, and photograph of the applicant.
C.
Receive final approval after review of all pertinent information by the construction licensing, enforcement and appeals board.
D.
Pass a competency examination as required by the construction, licensing, enforcement and appeals board.
E.
Upon submission of an application for a county certificate of competency, provide a certificate of insurance coverage required by statute, regulation, ordinance, or resolution, whichever is greater, and proof of worker's compensation insurance or evidence of entitlement to an exemption from the requirement to maintain worker's compensation insurance, pursuant to statutory authority. Proof of insurance coverage and worker's compensation insurance as required by this paragraph shall be provided to the county on a biannual basis.
(Ord. No. 05-06-05; Ord. No. 18-19-20, § 3)
To obtain a certificate of competency as a county specialty contractor, an individual must:
A.
Provide proof of qualifications and experience in his specialty by means of a signed affidavit attesting to at least one year of experience in the specialty field the individual is requesting or other proof of competency acceptable to the construction licensing, enforcement and appeals board approved on a case by case basis.
B.
Provide such other information and documentation as is required by the county building division and the construction licensing, enforcement and appeals board, including, but not limited to, a summary of qualifications, experience, history of employment, record of law violations, credit rating, outstanding judgments, and photograph of the applicant.
C.
Receive final approval after review of all pertinent information by the construction licensing, enforcement and appeals board. However, during the interim period following an applicant's submission of the information and documentation required in subsection B. of this section, and the granting of final approval by the construction licensing, enforcement and appeals board, the county building division may grant a 60-day provisional county certificate of competency to a county specialty contractor following the building official's review of that information and documentation and determination that competency has been demonstrated. The 60-day provisional county certificate of competency is subject to extension or termination by the construction licensing, enforcement and appeals board.
D.
Upon submission of an application for a county certificate of competency, provide a certificate of insurance coverage required by statute, regulation, ordinance, or resolution, whichever is greater, and proof of worker's compensation insurance or evidence of entitlement to an exemption from the requirement to maintain worker's compensation insurance, pursuant to statutory authority. Proof of insurance coverage and worker's compensation insurance as required by this paragraph shall be provided to the county on a biannual basis.
E.
Exemption. Any person who is not required to obtain registration or certification pursuant to F.S. § 489.105(3)(d)—(o), may perform contracting services for the construction, remodeling, repair, or improvement of single-family residences, including a townhouse as defined in the Florida Building Code, without obtaining a local license if such person is under the supervision of a certified or registered general, building, or residential contractor, as provided by Florida law.
(Ord. No. 05-06-05; Ord. No. 18-19-20, § 4)
A.
In order to obtain a handyperson registration certificate, an individual must:
1.
Provide proof of qualifications and experience by means of a signed affidavit attesting to experience in five or more of the categories of work described in F.S. Ch. 489, Pt. I, including at least one year of experience in at least one of those categories and other proof of competency acceptable to the construction licensing, enforcement and appeals board. Provide proof of experience in five categories.
2.
Provide such other information and documentation as is required by the county building department and the construction licensing, enforcement and appeals board, including, but not limited to, a summary of qualifications, experience, history of employment, record of law violations, credit rating, outstanding judgments, and photograph of the applicant.
3.
Receive final approval after review of all pertinent information by the construction licensing, enforcement and appeals board.
4.
Provide certificate of insurance for the coverage required by statute, regulation, ordinance, or resolution, whichever is greater.
B.
In order to obtain a county registration for a state certified contractor the licensee must:
1.
Provide proof of state certification.
2.
Provide certificate of insurance for the coverage required by statute, regulation, ordinance, or resolution, whichever is greater.
(Ord. No. 05-06-05)
A.
It shall be unlawful for any person, firm, or corporation that does not have a valid certificate of competency to engage in or represent himself, herself, itself or themselves, as a contractor or to use words in any advertising, sign, or business card which would imply the advertiser to be a contractor or specialty contractor. Telephone or advertisement listing may not appear under categories above the limits of the license holder's qualification to perform said work as set forth in F.S. § 489.105. Example: a class "B" building contractor may not advertise under a "general contractor" heading, but may advertise under "building contractor" or "residential contractor" headings.
B.
It shall be unlawful for any contractor to enter into any written contract unless the State of Florida certification or registration number is displayed on said contract. Specialty contractors shall display their county registration number.
C.
It shall be unlawful for any person to advertise as a contractor in any newspaper, telephone directory, billboard, sign, business card, or any other form of solicitation unless the State of Florida certification or registration number is included in such advertising or solicitation. Specialty contractors shall display their county registration number.
D.
Any person, firm or corporation in legal possession of a valid certificate of competency and engaged in the business of contracting in the county shall display a permanent sign on the place of business and all work vehicles. Such signs shall state the name of the firm or corporation, individual holding said certificate of competency (if substantially different from the firm's name), and State of Florida issued certification or registration number.
E.
It shall be unlawful for any contractor to enter into any written contract unless the state certification number or state registration number is displayed on said contract. Specialty contractors shall display their county registration number.
(Ord. No. 05-06-05)
The county building department shall require all persons applying for an "owner builder permit" to sign a statement that they will abide by all laws including the hiring of only licensed contractors. The statement will clarify the fact that the home is intended for occupancy by the owner builder for a minimum period of one year from issuance of the certificate of occupancy.
(Ord. No. 05-06-05)
Pursuant to this section it is the board of county commissioner's intention to enforce the provisions of F.S. § 489.127(1), and F.S. § 489.132(1), against persons who engage in activity for which a county or municipal certificate of competency or license or state certification or registration is required as allowed by F.S. § 489.127(5).
A.
Highlands county designates the Highlands County Building Official and all Highlands County Building Inspectors and any building code enforcement officers who are designated by the building official to enforce, as set out in F.S. § 489.127(5), the provisions of F.S. § 489.127(1), and F.S. § 489.132(1), against persons who engage in activity for which a county or municipal certificate of competency or license or state certification or registration is required.
B.
The citation issued by the Highlands County Building Official or any Highlands County Building Inspector or any building code enforcement officers who are designated by the building official pursuant to F.S. § 489.127(5), shall be in a form prescribed by resolution of the Highlands County Board of County Commissioners having, at a minimum, the content required by F.S. § 489.127(5).
C.
The Highlands County CLEAB shall be responsible for the administration of the citation program and training of the Highlands County Building Official and the Highlands County Building Inspectors and any building code enforcement officers who are designated by the building official issuing citations pursuant to F.S. § 489.127(5). In any appeal arising out the issuance of a citation by the Highlands County Building Official or a Highlands County Building Inspector or any building code enforcement officers who are designated by the building official pursuant to F.S. § 489.127(5), any administrative hearing held pursuant to F.S. § 489.127(5), shall be held by the Highlands County CLEAB.
D.
Any unlicensed person who violates any of the provisions of F.S. 489.127(1), or F.S. § 489.132(1), commits a noncriminal infraction punishable by a civil penalty in the amount of $500.00 for each violation which shall be assessed by the citation issued by the Highlands County Building Official or Highlands County Building Inspector and any building code enforcement officers who are designated by the building official pursuant to F.S. § 489.127(5).
E.
Monies collected pursuant to F.S. § 489.127(5), shall be deposited into the general revenue account of the Highlands County Board of County Commissioners.
(Ord. No. 05-06-05)