Ord G-270(28-57) ORDINANCE NO. G-270
AN ORDINANCE OF THE CITY OF DELRAY BEACH A MUNICIPAL
CORPORATION OF FLORIDA, PROVIDING FOR THE APPOINTMENT
OF A ~OARD OF E~YAMINERS; PRESCRIBING THE RIGHTS.
POWERo, DUTIES, OBLIGATIONS AND FUNCTIONS OP SA%D
BOARD; PROVIDING FOR THE REGISTRATION OF CERTAIN CON-
TRACTORS, SPECULATIVE BUILDERS AND FEES THEREOF; PRO-
VIDING REGUIATIONS OF THE BUSINESS OP CONTRACTING AND
SPECULATIVE BUILDING WITHIN SAID CITY; PROVIDING
PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; RE-
PEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND
PRESCRIBING THE EFFECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OP THE CITY
OP DELRAY BEACH, FLORIDA:
Section 1. DEFINITIONS: Pot the purposes and construction
of this ordinance:
(a) General Contrac~gr: A general contractor is hereby de-
clared and defined to mean any person, firm or corporation who is
engaged in the business of accepting orders and/or contracts as a
General Contractor, with a person, firm or corporation as an owner,
for compensation other than wages, by doing work on or in any build-
ing or structure, on any private or public property, on any private
or public street or right of way, on any private or public water way
requiring the use of paint, stone, brick, mortar, cement, wood,
structural steel or iron, sheet iron, metallic pipe, tin, lead or
any other building materials; or to do any paving or curbing on
sidewalks or streets, or public or private property, using asphalt,
brick, stone, cement, wood, or any other material, or any combination
thereof; or to excavate for foundations, or any other purpose, or
to construct bridges, construct seawalls and bulkheads of any and
all descriptions, or who is in the business of building, remodeling,
repairing, razing and demolishing or moving any building or struc-
ture, who may do all the work himself or theirselves except as
otherwise prescribed by law or who sub-contracts with other sub-
contractors and acts as co-ordinator of any and all'work applying to
his or their contract.
(b) Sub-Contractor: A sub-contractor is hereby declared and
defined to mean any person, firm or corporation who is engaged in
the business of accepting orders and~or contracts as a sub-contractor
of a specific trade, type or unit of work using any type of material
whatsoever, with or for a General Contractor, a speculative builder
or an owner builder, as herein defined.
(c) ,,Speculative Builder: A speculative builder is hereby
declared and defined to mean any person, firm or corporation who is
engaged in the business of building homes for sale to the general
public, who is the sole owner of the property or land on which the
homes are to be constructed, provided said homes are completed
according to the approved plans and specifications and final in-
spection has been made by the city before buildings are sold.
(d) Owner-,,Bui!der: An owner builder is hereby declared and
defined to mean any person who shall build, alter, add to or repair
himself or herself a home, who is the sole owner of the property or
land on which the home is constructed, provided said home is used
as living quarters by the said owner.
(e) Board or Board of Examiners: As used in this ordinance
shall be construed and defined to mean the Board of Examiners of
Contractors herein provided for.
(f) City: As used in this Ordinance, shall be construed and
defined to mean the City of Delray Beach, in Palm Beach C°unty,
Florida, except where otherwise indicated by the context.
Section 2. APPOINTMENT, OF BOARD O,F EXAMINERS: The City
Commission shall appoint a Board of Examiners of Contractors, con-
sisting of five (5) members and five (5) alternate members, who
have been residents of said City for at least one (1) year next
preceeding the date of their appointment. Two (2) of the members
and alternate members of said Board shall be appointed for terms of
one (1) year; two of said members and alternate members for a term
of two (2) years; and one (1) member and alternate member for a term
of three (3) years. Thereafter, the term of office of each member
and alternate member of the Board shall be three (3) years; the
City Commission may remove any member of said Board for cause.
(1) member and alternate member of said Board shall have had prior
experience as a licensed General Contractor, one (1) as a licensed
engineer, one (1) as a licensed architect, one (1) as a licensed
lawyer, one (1) may be a licenxed sub-contractor. Members appointed
to fill vacancies caused by deaih ~, resignation, or removal shall
serve during the unexpired terms of their predecessors. Each member
of said Board shall serve without compensation.
Section 3. ORGANIZATION.~ Q.F 'BOARD. Each Board shall elect
a chairman and Vice Chairman for terms of one year each, or until
their successors are elected and qualified. The Secretary of said
Board shall be the City Building Official or his legally authorized
representative. Any four (4) members or alternate members of said
Board shall constitute a quorum.
Section 4. DUTIES OF SECRETARY. The Secretary shall keep
a record of all of the proceedinqs of the Board, together with the
necessary register showing all applicants for examination and li-
censes, showing ~hereon for each, the date of application, name
qualifications, place of business, place of residence, and whether
the application was granted or refused. Said Secretary shall pre-
pare a roster of all contractors who shall have obtained a certifi-
cate as hereinafter required, and who are entitled to a license for
said City, in acoordance with the provisions of this ordinance. A
copy of such roster, and amendments thereto shall be filed by said
Secretary wilh the Tax Collector, and it shall be the duty of the
Secretary ~o promptly notify said Tax Collector in the event of
revocation, or the renewal of any certificate. All publicity and
news shall be approved by the Board before publication.
Section 5. CERTIFICATION OF CONTRACTORS. It shall be unlaw-
ful for any person to engage in business in said City as a con-
tractor, sub-contractor or speculative builder as herein defined
without a certificate as a certified General Contractor, sub-con-
tractor or speculative builder issued pursuant to the provisions of
this ordinance.
I~ shall be unlawful for any firm or corporation to engaqe
in business within said city as a con~ractor, sub-contractor or
speculative builder as hereinabove defined unless the same shall a~
all times be under the direction, supervision and managemen~ of a
Certified General Contractor, sub-contractor or speculative builder.
Section 6o QUALIFICATIONS OF APPLICANT FOR CERTIFICATES OF
REG- ISTRATION. - .....
(a) Individuals. Any person shall be qualified to receive a
certificate to engage in business in said City as a General Con, fac-
tot, sub-contractor or speculative builder if:
(1) Said applicant has a good business and professional
reputation in the c~amunity in which he has been engaged
in business;
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(2) Said applicant has a practical.and working knowledge
of the business of contracting, sub-contracting or
speculative building, as the case may be in which he
seeks ko engage; and
(3) Said applicant has a practical and working knowledge
of the Statutes of the State of Florida and Ordinances
of said City applicable to the business in which he
seeks to engage, including, but not being limited to
the Zoning, Building, Electrical and Plumbing Codes of
the City.
(b) CORPORATIONS,,,. ETC. Any firm or corporation shall be
qualified to receive a certificate to engage in business in said
City as a contractor, sub-contractor or speculative builder, if:
(1) Said applicant has a good business and professional
reputation in ~he community in which ii has been engaged
in business; and
(2) The business of such firm or corporation in said City
shall at all times be under the direction, supervision
and managemen~ of a Certified General Contractor, sub-
contractor or speculative builder.
Section 7. APPLICATIONS FOR CONTRACTORS CERTIFICATES.
(a) INDIVIDUALS. Hereafter, any person desiring to be certi-
fied by said City as a general contractor, sub-contractor or specu-
lative builder shall make application to said Board for an examina-
tion and certificate. Said application shall be in writing and
verified by the oath of said applicant, and shall set forth:
(1) The name and address of the applicant;
(9.) The ci~ies or towns in which the applicant may have
been engaged in business during the period of five (5)
years next preceeding the filing of said application;
(3) The m~ames and addresses of at least five (5) persons,
firms or corporations having actual knowledge of the
business and professional conduct of said applicant;
said references shall include licensed, qualified General
contractors, architects and/or engineers.
(4) A brief statement of the educational training or experi-
ence o-~ said applicant in the business of 'contracting
or sub-contracting;
($) A statement by the applicant requesting an examination,
certificate or registration as a contractor, sub-contrac-
tor or speculative builder as the case may be-;. and
specifying the nature of the contraciing, sub-contracting
or speculative building business for which the applicant
desires a certificate and license.
(b) CORPORATIONS, E.TC. Any firm or corporation desiring to
be certified by said City shall make application to said Board for
a certificate, which application shall be in writing and verified
by the oath of a firm member or an officer, and which shall set
forth;
(1) The name and address of the applicant;
(2) The cities or towns in which the applicant may have
been engaged in business during the period of five (5)
years next preceeding the filing of said application;
(3) The names and addresses of at least five (5) persons,
firms or corporations having actual knowledge of the
business and professional conduct of said applicant;
said references shall include licensed, qualified general
contractors, architects and/or engineers.
(4) The name and address of the person certified in accordance
with the provisions of this ordinance under whom the
business of such firm or corporation is to be directed,
supervised and managed, together with a statement that
its business will at all times be under the direction,
supervision and management of a certified general con-
tractor, sub-con%fac%or or speculative builder as the
case may be;
(5) A statement by %he applicant requesting an examination
and certificate as a general contractor, sub-contractor,
or speculative builder, as the case may be, and specify-
lng the nature of the general contracting, sub-contrac-
ting or speculative building business for which the
applicant desires a certificate and license.
Said application shall be filed in the office of the Tax Collector
of said City. Each applicant shall also pay to said Tax Collector
a fee of Ten Dollars ($10.00) %0 cover said City's costs in in-
vestigating and examining %he applicant. Said Tax Collector shall
deliver such applications to the Secretary of said Board who shall
notify the Chairman of said Board upon %he receipt thereof.
Section 8. INVESTICATION' EXAMINATION AND CERTIFICATION OF A. PPLICANTS'. '
The chairman of said Board shall cause an investigation of
said applicant to be made, and, if said applicant be an individual,
an examination (orally or written or both) of said applicant %0 be
held by or under the supervision and direction of said Board within
not more than ~ixty (60) days next succeeding the receipt of said
application by said Tax Collector. If,upon such investigation and
examination, said Board, in the exercise of its reasonable discre-
tion, shall ascertain and de%ermine that said applicant is a
proper and qualified person to enqage in the business of general
contracting, sub-contracting or speculative building, as the case
may be, within said City, said Board shall cause certificate %o be
issued to said applicant; otherwise said application shall be denied.
A majority of four (4) votes shall be required for approval of any
or all certificates. Such certificates shall specify the type or
kind of contracting work which the applicant is qualified %0 perform
in said City, and shall show upon the face %hereof that they, and
the licenses issued pursuant thereto are subject to revocation or
suspens ion.
Each certificate shall remain in full force and effect un-
less and until the same is revoked or suspended, and it shall not
be necessary for the applicant to renew his certificate annually,
except with the discretion of the Board. If any application shall
be denied, the applicant may renew his or its application at the
expiration of six (6) months from the date it was denied and re-
fused. PROVIDED, HOWEVER, that said Board, for good cause shown,
may shorten such period.
Section 9. OCCUPATIONAL LICENSE FEES, Upon the presentation
of a certificate from the Board, together with the certificate of
insurance, as required under Section 10, the Tax Collector of said
City shall furnish the Contractor with a city license upon the
payment of the occupational license fee fixed in said City's Li-
cense Ordinance for the division in which said contractor is classi-
fied.
All licenses issued for the year beginning October 1, 1957
and ending September 80, 1958 shall be, and the same are hereby
revoked and cancelled as of the 9th Day of October, 1957 and new
licenses shall be obtained and issued pursuant to the terms of this
ordinance for the remaining portion of said fiscal year, PROVIDED,
HOWEVER, that the Tax Collector of said City shall give credit, in
the issuance of new licenses, for any fees therefore collected by
him.
Section 10. INSURANCE REQUIREMENTS. Every general contractor,
sub-contractor or speculative builder granted a license under the
terms of this ordinance, shall be required to maintain at all times,
in an Insurance Company authorized to do business in the State of
Florida, Employees Liability Insurance or Workman~s Compensation
Insurance, and Public Liability Insurance with minimum limits on
each of not less than Fifty Thousand ($50,000.00) Dollars for on~
person and One Hundred Thousand ($100,000.00) Dollars for more than
one person, in any one accident, and Public Property Damage Insur-
ance with a minimum of not less than Five Thousand ($5,000.00)
Dollars for any one accident.
At the time application is made for examination and before
a license can be issued, the general contractor, sub-contractor or
speculative builder shall file with the Tax Collector a certificate
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as prescribed and provided by the City, signed by a qualified agent
of the Insurance Company stating that a policy or policies has been
issued to the Licensee for: Employ~s Liability Insurance or Work-
man's Compensation Insurance, Public Liability Insurance, and Public
Property Damage Insurance, the minimum limits of each; the policy
number or numbers; the name of the company, the effective date of
such policies; the expiration date of such policies; together with
a statement and a copy of an endorsement place on suck policy or
poli'cies requiring thirty (30) days written notice by registered
mail to the Tax Collector if it becomes necessary to cancel the
policy or policies, for any reason.
In the event of a cancellation of a policy or policies, of
any contractor, sub-contractor, or speculative builder, the license
of such contractor, s~b-contractdr or speculative builder shall
automatically be revoked. License may be reinstated by the Tax
Collector, when the licensee has furnished certificate of insurance
in compliance with this Section.
Section 11. LICENSES AS ISSUED. The issuance of a license
under this ordinance shall be evidence that the person, firm or
corporation is entitled to all the rights and privileges of a con-
tractor or speculative builder in ~he division for which ~he certi-
ficate is issued, and while the license remains unrevoked or unex-
pired.
Sec%ion 12. PERMITS. Permits shall be procured from the
Building Inspector of said City by every general contractor, sub-
contractor or speculative builder before doing any work or con-
struction of any character.
Section 13. SUSPENSION AND REVOCATION OF CERTIFICATES
AND LICENSES. The"'~oa'rd shall have ~he power,
in addition to all other powers provided for in this ordinance, to
revoke or suspend the certificates and license of any contractor
approved and licensed hereunder, who shall be guilty of any one o-
more of the following acts or omissions, to wit:
(a) Fails to renew his occupational license within ~en days
from the date his curren~ license expires;
(b) Fraud or deceit in obtaining his or its certificate or
licsnse, or bo~h;
(c) Negligence, incompetency, or misconduct in the practice
of contracting within the meaning of ±his ordinance;
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(d) ~%bandonment of any contract without legal excuse;
(e) Diversion of property or funds received under express
agreement, for prosecution or-completion of a specific
contract under this ordinance, or for a specified purpose
in the prosecution or completion of any contract, or
application or use for any other contract, obligation
or purpose with intent to defraud or deceive creditors
or the owner;
(f) Fraudulent departure from, or disregard of, plans or
specifications in any material respect, without consent
of the owner or his duly authorized representative; or
the doing of any wilful, fraudulent act by the licensee
as a contractor in consequence of which another is sub-
stantially injured;
(g) Wilful and deliberate disregard and violation of the
ordinance of said city, including, but not being limited
to, the Building, Electrical, Plumbing, and Zoning
Ordinances of said City, or of the rules and regulations
of the State Hotel Co~muission;
(h) Wilfully and deliberately engaging in a type or class
of contracting for which said contractor is not licensed
or certified.
Anyone may prefer charges against the holder of a Contractors
Certificate and License issued pursuant to the provisions of this
ordinance, or against any other persons, firms or corporations who
may or should come within the provisions of this ordinance. Such
charges shall be made in writing and sworm to by the complainant
and submitted to the Secretary of said Board who shall immediately
notify the chairman of the record thereof, and mail a copy of said
charges to the accused within at least five (5) days from the re-
ceipt thereof, and to serve notice upon the accused and upon all
interested persons of the date fixed for a hearing of such charges
before the Board.
The accused shall have the right to appeal personally and
by counsel at any hearing and to produce witnesses and evidence in
his, its or their defense. If, after hearing the evidence for and
against the accused, the Board is of the opinion and shall determine
that said accused is guilty of the charges preferred against him,
it or them, the Board may suspend or cancel the Contractor's Certi-
ficate or License, or both. The Board may reissue a certificate or
a license to any contractor whose certificate or license has been
revoked, provided four (4) or more members of the Board vote in
favor of such reissuance. Any decision of the Board may be appealed
to the City Commission within five (5) days of the date of the
Board's decision, provided, however, that written notice of said
appeal shall be filed with the City Clerk within said period of
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time. Such appeal may be taken either by the complainant or by the
accused. The City Clerk shall notify all interested parties of
the date fixed for hearing the appeal, which date shall be not less
than ten (10) days next succeeding the filing of the notice of
appeal.
Section 14. EXEMPTIONS. This ordinance shall not apply:
(a) To an authorized representative or representatives of the
United States of America; the State of Florida, the
County of Palm Beach, or the City of Delray Beach,
Florida;
(b) To Electrical Contractors, and Plumbing Contractors who
are properly licensed in said city;
(c) To bona fide, actual and equitable Home Owners who own
their own land and/or property, who build or make repairs
thereon for their own use and benefit, (see definition
~or Owner Builder); any-subterfuge by any person in
claiming this exemption, or in helping others to claim
this exemption, shall be deemed a violation of this
ordinance, and such person or persons shall be subject
to the penalties herein. All persons applying for per-
mits as owners shall sign the application therefore in
person, or may apply through a bona fide agent who shall
file with the Building Inspector his Power of Attorney
or other written authority, signed by the owner, to act
for such owner, Both the owner and the agent shall be
responsible and liable for any violation of the Building,
Electrical, Plumbing, Zoning or any other applicable
ordinance of the City of Delray Beach, Florida.
Section 15. RECIPROCITY. Any person, firm or corporation
who has obtained a certificate by examination or as otherwise pro-
vided for by this ordinance, in any other city in Florida, kaving
similar requirements and is operating under the same ordinance
shall be granted a certificate for the classification requested by
reciprocity upon the payment of a certification fee of Five ~$.00)
Dollars and the occupational license fee for his, its or their
classification, and compliance with the provisions of Section 10,
"Insurance Requirements", of this ordinance.
Licenses issued through reciprocity shall be subject to
each and every of the other provisions contained in this ordinance.
Section 16. PENALTIES.
(a) Any person, firm, or corporation presenting or attempting
to file or use the license of another, or who shall give false or
forged evidence of any kind to the Board, or to any member thereof
in obtaining or maintaining a license, or who shall falsely im-
personate another or who shall use an expired or revoked license,
or shall violate any one or more of the provisions of this ordinance,
shall, upon conviction be punished by a fine not exceeding Five
Hundred ($500.00) Dollars, or by imprisonment for a period not
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exceeding sixty (60) days, or by both such fine and imprisonment,
in the discretion of the Judge of the Municipal Court for each
offense.
(b) Any person, firm or corporation who shall violate any
of the provisions of this ordinance shall not be issued a building
permit by the City of Delray Beach, so long as said violation re-
mains unrectified.
Section 17. REPEALING ORDINANCES IN CONFLICT HEREWITh..
Ail ordinances or parts of ordinances of the City of Delray Beach
in conflict with the provisions of this ordinance are hereby re-
pealed.
PASSED in Regular Session on second and final reading on
this the-9th day of September, A.D., 1957.
ATT~ES~:
First Reading _.August 26, 1957
Second Reading Sep. t. 9, 195Y
PASSED & ADOPTED. Sep.t. 9, 1957
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Affidavit of Publication
DELRAY BEACH NEWS
Published Weekly
Delray Beach, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the~under, signed ,authority Rersonally
who on oath says that____.~___is___. _~?___o.~___(~_~/j
............................................................. of the IYelray
Beach NEWS, a weekly newspaper published at
Delray Beach in Palm Beach County, Florida; that
the attached c~)py of advertisement, being a.'~l~__
in the matter of .........................................................
in the .................................................................... Court,
was published in said newspaper in the issue (s)
..... ....... ...............
Affiant further says that the said Delray
Beach NEWS is a newspaper published at Delray
Beach, in said Palm Beach County, Florida, and
that the said newspaper has heretofore been con-
tinuously published in said Palm Beach County,
Florida, each Thursday and has been entered as
second class mail matter at the post office in
Delray Beach, in said Palm Beach County, Flor-
ida, for a period of one year next preceding the
first publication of the attached copy of._3.dver.
tisement; and affiant further says that ......
has neither paid nor promised any person, firm
or corporation any discount, rebate, commission
or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to..~nd ~u~bscrib~d before me this_._?_~ ....
day of .... ~t~.~-~_~,~_./:L::: ......... A. D.
/
(SEAL) / ./Notary Public
Nota~ Pub~/S~a,'e ct Rodda at Large
My Comm.,s~ofl £xpzres Nov. 6. 1960