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422-41 ORDINANCE AN E~,~ERGENCY 0EDINAifCE OF '~:iv.,.~ _ CiTY COUi. U]rL 0~ ~iTM~ ~ CiTY 3F ~RAY ~ P'~ ~LOR~i~.~, j!.z~,~ILO 0RD~?~'!CE 1'~0 382 El?CITeD "~ 0F ~';~m Ci~ 0F DELP~Y B.~.~H, FLORIDA, 2ROVIDING FOR C0I'~}TR~CT01'{S .did~..~.~,,.~:~°WiPT '<r~w"~'~v<~.~.~_.~ I}~ _~ ", C i{LI ~F DEL}U1.Y !3::i..-~.CH, FLORi.>A., ~-~.,~ ::,.~'~ _t f~_,D 71:{O'710i2,% o,:,';~" ~'~T-,,'-, O ~D ~'~.: ~'~ ~-~ ,:'.i<'.0 ~'~< ,) ":f: l: ZOi~ i~":3R '~'' TM 7'::-7 )i~ C ~ :' 7~i~T ~ ~'~'-' ~" ~',~'~"~":" '-' an emergency exists in th~ ity of [)elz-'av' Be,zch, Florida, due to the fact th.at Ordinance ~fo. 382 providing for a Contractor's Exa~ining Board, et cetera, has been Yound i~practical and to wo~'kin¢~ a hardsaip on the contractors of this city, and .,!~,~:~:.~.~:~, it zs necessary for tae inm~ediate oreserw~tion of public peace, property, ~ealth or safety of said city, or for the daily ooeration of a m~nici'0al aep~:r~ment that said ordinance be repea led, ~':~'~: ~' -~'~ Be it oraained by thc City Council of the City 0e~ra~. 3e~.~ci~, Florida, as follows: Section 1~ That certain ordinance of the Sity of Delray Ja.:.ch, Florida, being Ordinance iJo. 382 aaa 0eing entitled "~ orainance of the City of ~eiray Ba-:ach, Florida, providing for the iicei~siz~g of per:~ons, firz~ aha 'i ' ~ coz 3oro. t~ono ez~;':a~finc in tf~e 'business of contr~=ctors and superi~te~aen~ in the C'~- ' z~y of Delray .Be~cn, Florida, making it un!av~ful to engage in the business of contractor ~'~itho~t a license, providing for examinations to be passed by the contractor and superii~se~ldeat a:~d certificate to be o0tained before license sh~ll be iss~eo, aha proviaing-~enalties for the violation of this ordisance and provisions for the enforcement thereof', be and the ~same is hereby ~epealed. See~on 2. )~1 ordina~ces or parts of ordinances insofar ~s Vhe same ~re in conflict he~'ewiVh are ~ereby repealed. This is an emergency ordinance and shall take effect upon its passage upon first reading. ~.~o~ in special session on t~is the 3rd day of Nove~0er, A. D. 1911. President of Cit~y ~ounci~ ~t est: Approved: City Clerk ~ayor GAGING IN THE BUSII~ESS OF COI~CTO~ AI,~ S~PERIh'T~DENTS IN ~ CITY OF D~R~Y B~CH, ~OR~A, I~t~NG IT b~b~ T0 ENGAGE IN THE BUSIEEoo OF COI~Tt~CTOR ~[OUT A LICenSE, PRO- VIDING FOR ~,~I~ATIONS TO '~ B~ ~ASS~ BY T~ COi~.~CTOR S~ERIh'T~YDEI~ At~D CERTIFICATE TO BE OBTAII~ B~[~FO~ LICENSE "~ Ai~D i~ROViDI~G i~Ei~ALTIES FOR THE ~O~TION S~LL BE iooU~D, OF ~iIS O~INANCE AND PkOVISIONS FOR T~ BE IT 01tDAII~[ED By the City Council of the City of Delray Beach, Florida, as follows: SECTION 1. From and after the time this ordinance shall become effective, no person, firm or corporation shall contract for or supervise the construction, erection, alteration or repair of any building, house, or other structure in the City of Delray Beach, Florida, unless such person, firm, or corporation has obtained a Contractor's or Superir~tendent's Certificate as hereinafter provided. No contractor's license shall hereafter be issued by the City of Delray Beach unless the applicant for such license shall have successfully passed an examination given by the Contractors Examining Board herein- after created, and have been issued a Contractor's Certificate. SECTION 2. There is hereby created a Contractors Exa~?i~ing Board which shall consist of five members, one of whom shall be the building inspector of the City of Delray Beach, one the acti~ City Engineer, one the Chief of the Fire Department, and the other two shall be licensed contractors in the City of Delray Beach. The said members shall be appointed · by the City Council and appointments shall be for terms of two years, but any member may for cause be removed from office, or substituted for any length of time by the City CounCil. It shall be the duty of the Contractors Examining Board to hold meetings as provided herein upon call by the City Building Inspector to examine applicants for Contractor's and/ or Superintendent's Certificates, to grade the examination paper submitted by the applicant, and if in the opinion of said Board the applicant has shown a proper knowledge of construction and the ordinances of the City of Delray Be~ch applicable there- to, said Board shall issue to such applicant a Contractor's or Superintendent' s Certificate. The City Clerk is authorized to issue a contractor's license only to a holder of a Contractor's Certificate, and to issue such license upon the pay~ment of the amount set forth in the city license ordinance. Each applicant for examination shall make application in writing on prescribed for~s thirty (30) days before time of holding examinations and shall pay to the City of Delray Beach a fee of $25.00, which money shell be deposited in the General Fund of said city. Such sum shall not be refunded if applicant fails to pass examination. SECTION 3. The examination to be given the applicant shall be such as to test his knowledge of various types of to construction and also his knowledge as/the building code, zoning ordinance and other laws applicable to construction, and to deterr~ine the character and integrity and general qualifications and fitness of the applicant for ?erfor~aing general construction work and ability to interpret plans and specifications. Examinations shall be in writing and a complete record of every examination given shall be kept on file for a period of one year from the date of such examination. Examinations shall be given three times each year and shall be given during the months of February, June and September of each year. Members of Examining Board shall Formulate examination questions. Each member of Board shall sub- mit a set of not more than five (5) questions relating to five (5) separate parts of the examination, and shall give the same in person to the spplicant at the time and place of exaz.~ination. Three members of Examining Board must be present at all times during examination period. SECTION 4. All Certificates issued by the Contractor's Examining Board shall expire on September 30th following the date of their issue. The holder of a Contractor's or Superintendent's Certificate n~ay have the same renewed on or before said 30th day of September by n~king application therefor to the Examining Board, and being duly~approved thereby, and paying a fee of $5.00 for his Contractor's Certificate or ~3.00 for his Superintendent's Certificate. No Contractor's or Superintendent~ Certificates shall be renewed after September 30th following date of its issuance Unless the applicant shall succeEsfully pass the exami- nation provided for applicant for such certificate. SECTION 5. Any Contre. ctor's or Superinterident's Certificate issued by the Contractor's Examining Board may be suspended by four-fifth's vote of said Board by reason of the inco~oetence of the certificate holder, or the violation of F ' any statute of the State of lorlda, or ordinance, rule or regulation of the City of Delray Beach in reference to the building, erection, repair, alteration and construction of any building or other structure. SEC~ION 6. Any person, firm or corporation who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than $10.00, nor more than $100.00, for each offense, or by i~.prisonment in the city jail for not less than five days, nor more than thirty days, or .by both such fine · and imprisonment in the discretion of the court, and such con- viction shall have the effect of revoking any contractor's or superintendent's certificate and/or city contractor's license here- tofore issued to such person, firm or corporation. SECTION 7. The City Building Inspector is hereby desig- nated as the enforcement officer to see that the provisions of this ordinance are properly enforced. He shall also act as secretary of the Contractor's Examining Board and keep an accurate record of all meetings held and examinations given. SECTION 8. All persons, fii~us or corporations who at the time of the final passage of this ordir~ance are licensed as contractors of the City of Delray Beach shall be issued Co~- tractor's Certificates upon application therefor to the Con- tractor's Examining Board and upon approval of said Board, and upon the payment of the sum of $5.00. All Superintendents who are engaged in the supervision of work at the time of the final passage of this ordinance shall be issued Superintendent's Certificates upon application therefor to the Contractor's Examining Board, upon approval of their said application by said Board and upon payment of $3.00. Application for such certifi- cates must be ~de within thirty (30) days from the passage of this ordinance. SECTION 9. This ordinance shall not apply to the contracting and/or supervision of any electrical or plumbing work. This ordinance shall also not apply to any work per- formed by or for any owner on residential or accessory buildings, which work shell cost $~50.00 or less. SECTION 10. The word "contract" as used in Section 1 and other sections of this ordinance, shall mean the acceptance of an order on cost plus fixed fee, stated sum, percentage basis, or any con~bination thereof, or for compensation other then wages, for doing work on or in any building or structure, or paving or curbing any sidewalk, or street, whether on public or private property. The word "supervise", as used in Section 1 and other sections of this ordinance, shall mean the assembling, combining, raising, n~oving, altering or disposing of the elenents incorporated in any structure by ~ person who is directly responsible to the owner or ~uain contractor for the result obtained in such work, but who is not high,self a contr~ctor. SECTION ll. All ordinances, or parts of ordinances, insofar as the sa~ue are in conflict herewith, are hereby repealed. PASSED in regular session on this the ~7 .~., day of · anuary, A. D. 1941. Presid&nt,' City Council /' Attest: Approved: City Clerk ' ""~'~ TO TEE HONORABLE CITY COUNCIL, CITY OF DELRAY BEACH, FLORIDA We, the undersigned licensed building contractors doing business in the City of Delray Beach, Florida, respectfully request your honorable body to establish a Building ContraCtors Examining Board, as set forth in the following suggested form of ordinance: '!'.~ ~~/ .i~~,~· ~.Y) - , I ' ~ ~' .y ~~: ...........