§ 5-301. Definitions.

For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense shall include the future, words in the plural numbers shall include the singular number, words used in the singular number shall include the plural number, and words used in the masculine gender shall include the feminine gender. The word "shall" is always mandatory, and not merely directory.

Accessory building/structure or use shall mean a building, structure, or use on the same lot as the primary structure and of a nature customarily incidental and subordinate to the principal building or use.

Aluminum specialty mechanic shall mean an installer or mechanic for the installation (pursuant to subcontract with a properly licensed contractor) of aluminum railings, soffits, siding, gutters, screen enclosures, cabanas, carports, aluminum structures and buildings and installation work falling within the scope of work of an aluminum specialty structure contractor. Notwithstanding any other portion of this article, any properly licensed contractor (i.e., general, building, residential, or aluminum specialty structure contractor) may subcontract any aluminum specialty installation work within the scope of his license to an aluminum specialty mechanic. Such aluminum specialty mechanic (and his employees, if any) shall perform such subcontracted work under the direct supervision of the properly licensed contractor and shall be covered by worker's compensation insurance provided either by the aluminum specialty mechanic or the contractor, with the provider of such insurance being designated in this subcontract. Direct supervision shall mean the person qualified and certified by the board and shall be in direct communication with those under his supervision. Such aluminum specialty mechanic shall not be required to pass any examination to obtain such designation but shall be required to obtain an occupational license from Polk County.

Aluminum specialty structure contractor shall mean any person or firm qualified and certified by the board whose services are limited to the execution of contracts requiring the experience, knowledge, and skill necessary for the fabrication, assembling, handling, erection, installation, dismantling, adjustment, alteration, repair, servicing, and design work when not prohibited by law, in accordance with accepted engineering data and/or according to manufacturers specifications in the aluminum metal, vinyl and fiberglass screening, and allied materials construction trade for residential properties. The scope of such work shall include and be limited to residential-type construction including screened porches, screened enclosures, pool enclosures, preformed panel-post and beam roofs, mobile home panel roofovers, residential glass window and door enclosures, vinyl panel window enclosures, and single-story self-contained aluminum utility storage structures (not to exceed five hundred (500) square feet). The scope of such work shall include wood work incidental to the aluminum and allied materials construction work. It shall be limited to the construction of wood framing for the walls of uninhabitable utility storage structures or raised wood decks for enclosures and the repair and/or replacement of wood incidental to the installation of glass windows and doors. Such work shall comply with all plans, specifications, codes, laws and regulations as applicable. The scope of such work shall also include masonry concrete work and be limited to slabs and block knee walls incidental to the aluminum and allied materials construction work.

The aluminum specialty structure 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. Nothing contained herein shall require a licensed building contractor to subcontract to an aluminum specialty structure contractor on any construction that is properly permitted in order to install soffit, fascia, or other nonstructural aluminum on a building.

The aluminum specialty structure contractor shall subcontract, with a licensed qualified contractor in the field concerned, all other work incidental to that which is defined herein but which is the work of a trade other than that of such contractor.

Those who applied for licensure pursuant to this subsection shall not be limited to residential work providing they have tested and obtained a passing grade, which result was relayed to the county board of examiners between August 1, 1990 and August 1, 1991; have shown that they have obtained three (3) permits for the installation of aluminum on a commercial project within the past five (5) years; or have met the following conditions:

(1)

Have or obtain a current license that allows specialty structure construction work and

(2)

Have formerly held an aluminum specialty structure license with the county between 1973 and 1978.

Board shall mean the Polk County Contractors Licensing Board.

Board of examiners shall mean the Municipal Board of Examiners, Inc. of Polk County and municipalities or such other entity as the commission shall appoint.

Building contractor shall mean any person or firm who, in any capacity, undertakes, offers to undertake, or purports to have the capacity to undertake; accepts an order or contract on a fixed sum, cost plus a percentage, a fixed fee, any combination thereof, or for any other type of compensation; or submits a bid himself, or by or through any other person or firm, to construct, remodel, repair, or improve any building or other structure or to excavate or commence any project, development, or improvement, or do any part thereof including the erection of scaffolding or other structures or works in connection therewith for the incorporation of labor or materials therein; provided, however, that a building contractor shall subcontract all electrical, plumbing, heating, air conditioning, refrigeration, ventilation, roofing, swimming pool work, and solar water heating, for which an examination for a certificate of competency is required, unless such contractor holds a certificate of competency for the respective trade category. Anything herein to the contrary not withstanding, a building contractor shall be permitted to install preengineered, prefabricated metal structures or systems. Building contractors are not required to subcontract the installation of wood shakes or wood, asphalt, or fiberglass shingle roofing materials on a new building of their construction. All other types of roofing, (i.e. tile, built up, system, etc.) must be subcontracted by building contractors unless they hold licensure as roofing contractors. The term "building contractor" shall include general, building, and residential but not include "subcontractors."

Building contractor certificate of competency—Class B shall mean that instrument which, when duly issued by the board to a person or firm, authorizes said person or firm to act as a building contractor to perform the duties of a residential contractor and to engage in the construction, remodeling, repair, or improvement of any residential, business, storage, or industrial building not to exceed three (3) stories in height and any accessory use structures utilized in connection therewith; and the remodeling, repair, or improvement of any building, structure, or facility in any other building classification, provided, however, said services do not affect the structural members of said building.

Certificate of competency shall mean that instrument which, when duly issued by the board to a person or firm, authorizes said person or firm to perform the work of the contractor or journeyman classification for which the certificate is issued pursuant to the scope of said work as defined in this article.

Commission shall mean the Board of County Commissioners of Polk County, Florida.

Contractor shall mean any person or firm who in any capacity undertakes, offers to undertake, or purports to have the capacity to undertake; or accepts an order or contract on a fixed sum, cost plus a percentage, a fixed fee, or any other type of compensation; or submits a bid himself, or by or through any other person or firm, to perform any work authorized to be performed by any contractor classification defined and regulated by this article.

County shall mean all of the unincorporated areas of Polk County, Florida.

Demolition contractor shall mean any person or firm qualified and certified by the board to demolish and remove any category of structures including commercial buildings, residential structures, and any appurtenances or foundation in connection therewith. Such a contractor is precluded from using any type of explosive device, medium, or apparatus in connection with said demolition operations. All demolition operations shall be in strict compliance with all applicable laws, statutes, ordinance, rules, and regulations pertaining to demolition. Nothing contained herein shall interfere or limit the services of a building contractor as defined in this article.

Electrical contractor shall mean any person or firm who undertakes, offers to undertake, or purports to have the capacity to undertake; accepts an order or contract on a fixed sum, cost plus a percentage, a fixed fee, or any other type of compensation; or submits a bid himself, or by or through any other person or firm, to perform any work involving the installation, repair, alteration, extension, or design of any electrical wiring, fixture, appliance, apparatus, raceway, conduit, or any part thereof, which generates, transmits, transforms, or utilizes electrical energy in any form including the electrical installation and systems within plants, substations, commercial buildings, and residential structures.

Employee is defined as a person who receives compensation from and is under the supervision and control of an employer who regularly deducts the FICA and withholding tax and provides workers' compensation, all as required by law.

Firm shall mean any sole proprietorship, partnership, association, company, corporation, agency, or any other type of business organization.

Garage door installer contractor shall mean any person or firm qualified and certified by the board to perform any work to install garage doors. This work includes the work necessary to repair the substrate to accomplish proper installation including removal and repair of individual structural components but does not include removal of structural assemblies (i.e., door bucks may be repaired and/or replaced, but contractor would not be allowed to enlarge or modify wall assembly).

General contractor certificate of competency—Class A shall mean that instrument which, when duly issued by the board to a person or firm, authorizes said person or firm to act as a building contractor and to engage in the unlimited construction, remodeling, repair, or improvement of any classification of building or structure.

H.A.R.V. is an abbreviation for the general term heating, air conditioning, refrigeration, and ventilation.

H.A.R.V. Class A contractor shall mean any person or firm qualified and certified by the board to install, maintain, repair, fabricate, alter, expand, design, or service, when not otherwise prohibited by law, any system of refrigeration, central air conditioning, heating, or ventilation, unlimited in horsepower or tonnage, including duct work and boilers utilized in connection therewith only to the extent such duct work and boilers are necessary to make said system complete, together with all appurtenances, apparatus, or equipment used in connection therewith, including the installation of a condensate drain from any air conditioning unit to any existing safe waste or other approved disposal system, other than direct connection to a sanitary disposal system, all in such manner as to comply with all plans, specifications, codes, law, and regulations applicable thereto and to disconnect and/or reconnect power wiring on the load side of an existing electrical disconnect switch and low voltage heating, ventilating, and air conditioning control wiring. The scope of work of such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable waterlines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring, except as specified in this article.

H.A.R.V. Class B contractor shall mean any person or firm qualified and certified by the board to install, maintain, repair, fabricate, alter, expand, design, or service, when not otherwise prohibited by law, any system of refrigeration, central air conditioning, heating, or ventilating, up to and including a capacity of twenty-five (25) tons in any one system; including duct work and boilers utilized in connection with such complete system, only to the extent such duct work and boilers are necessary to make said system complete, together with all appurtenances, apparatus, or equipment used in connection therewith, including the installation of a condensate drain from any air conditioning unit to any existing safe waste or other approved disposal system, other than direct connection to a sanitary disposal system, all in such a manner as to comply with all plans, specifications, codes, laws, and regulations applicable thereto; and to disconnect and/or reconnect power wiring on the load side of an existing electrical disconnect switch and low voltage heating, ventilating, and air conditioning control wiring. The scope of work of such contractor shall also include any excavation work incidental thereto, but shall not include any work on ammonia refrigeration systems, liquefied petroleum or natural gas fuel lines within buildings, potable waterlines or connections thereto, sanitary sewers lines, swimming pool piping and filters, or electrical power wiring except as specified in this article.

H.A.R.V. contractor shall mean any person or firm who in any capacity undertakes, offers to undertake, or purports to have the capacity to undertake; accepts an order or contract on a fixed sum, cost plus percentage, a fixed fee, or any other type of compensation; or submits a bid himself, or by or through any other person or firm, to perform any work authorized to be performed by any of the following:

(1)

H.A.R.V. class A contractor;

(2)

H.A.R.V. class B contractor;

(3)

Mechanical contractor;

(4)

Sheet metal contractor;

excluding, however, the sales, service, and installation of all package heating or air conditioning units with a single power cord and no ducts or remote controls up to a maximum of three (3) tons, thirty-six thousand (36,000) Btu's in capacity.

Irrigation contractor shall mean any person or firm qualified and certified by the board who, in any capacity, undertakes, offers to undertake, or purports to have the capacity to undertake; accepts an order or contract on a fixed sum, cost plus a percentage, a fixed fee, any combination thereof, or for any other type of compensation; or submits a bid himself, or by or through any other person or firm, to perform any work involving the design, installation maintenances, repair, alteration, and extension of all piping, sprinkler heads, control system components, pumps, and chemical injectors used both for commercial landscaping and residential lawn irrigation systems. The scope of such work shall include electrical power wiring on the load side of an existing electrical disconnect switch. Such contractor may connect irrigation systems to potable water utilizing a code approved back flow prevention device. Connection may be made such that water may be drawn from legal water source or from an existing well head of a private well. The scope of work of said contractor shall also include any excavation work incidental thereto, but said contractor shall subcontract out work in a certifiable trade unless said contractor is holder of a certificate of competency in such certifiable trade.

Journeyman shall mean any person performing any work authorized to be performed by any journeyman classification defined and regulated by this article.

Journeyman electrician shall mean any person qualified and certified by the board to supervise or perform the skilled work of installing electrical fixtures or systems or any part thereof.

Journeyman plumber shall mean any person qualified and certified by the board to supervise or perform the skilled work of installing plumbing fixtures or systems or any part thereof.

Limited energy system specialty contractor (low voltage) shall mean any person or firm qualified and certified by the board to perform the installation, repair, fabrication, erection, alteration, addition to, or design of electrical wiring, fixtures, appliances, thermostats, apparatus, raceways, conduit and fiber optics (transmission of light over stranded glass) or any part thereof not to exceed 77 volts, when those items are for the purpose of transmitting data, proprietary video (satellite systems which are not part of a community antenna television, cable television or radio distribution system), radio frequency, central vacuum, or electric locks, data distribution networks, home theater systems, surround sound systems, public address systems or telephone systems.

Marine contractor shall mean any person or firm qualified and certified by the board to perform any work involving the construction, repair, alteration, extension and excavation for docks, seawalls, bulkheads, piers, wharfs, manual boatlifts and other marine structures, including pile driving, wood framing, and roofing in conjunction with the erection of structures being constructed consistent with the marine work that is being done. This marine structure is not to be used for habitation or office space and shall not have any enclosed walls. Contractor may do such concrete work as may be necessary and incidental to their work in compliance with the building code and other applicable codes and regulations. Any incidental work must be performed by the appropriate trade licensed contractor, i.e. electrical and plumbing.

Mechanical contractor shall mean any person or firm qualified and certified by the board to perform the work of H.A.R.V. unlimited contractor and, in addition thereto, to install, maintain, repair, fabricate, alter, expand, or design, when not otherwise prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, pneumatic control piping, gasoline tanks and pump installations and piping for same, fire suppression systems up to the detector check valve, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines, lift station equipment and piping, and natural gas fuel lines within buildings, and all appurtenances, apparatus, appliances, utilized in connection therewith, and such contractor may disconnect and/or reconnect electrical power wiring on the load side of an existing electrical disconnect switch and low voltage heating, ventilating, and air conditioning control wiring and install a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary sewer system. The scope of work for mechanical contractor shall also include any excavation incidental thereto but shall not include any work such as liquefied petroleum gas lines within buildings, potable waterlines or connection thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring except as specified in this article.

Natural gas contractor shall mean any person or firm who in any capacity undertakes, offer to undertake, or purports to have the capacity to undertake; accepts an order or contract on a fixed sum, cost plus a percentage, a fixed fee, any combination thereof, or for any other type of compensation; or submits a bid himself, or by or through any other person or firm, to perform any work involving the design, fabrication, installation, maintenance, repair, alteration, or extension of any gas piping, appliances, main lines, laterals, tanks, apparatus, devices, and any other appurtenances or equipment associated therewith. The scope of work of such contractor shall also include any excavation work incidental thereto but shall not include any electrical power wiring. Such contractor shall subcontract all work outside the prescribed scope of his license, and all such work in a certifiable trade category, as specified in this article, shall be subcontracted to a certified contractor. Prior to any person obtaining licensure as a natural gas contractor, he shall provide proof, satisfactory to the board, that he shall have had at least ten thousand (10,000) hours of supervised gas fitting experience prior to date of application.

Owner shall mean any person who owns property either individually, jointly, or by an estate. For the purpose of this article, ownership of the subject property shall be deemed to consist of fee simple ownership and nothing contained herein shall be interpreted or construed to require a mortgagee or other lienholder to join in any application required by the terms of this article.

Plumbing contractor shall mean any person or firm qualified and certified by the board who, in any capacity, undertakes, offers to undertake, or purports to have the capacity to undertake; accepts an order or contract on a fixed sum, cost plus a percentage, a fixed fee, any combination thereof, or for any other type of compensation; or submits a bid himself, or by or through any other person or firm, to perform any work involving the maintenance, extension, installation, repair, alteration, or service of any piping, fixtures, appliances, or appurtenances, apparatus, or equipment utilized in connection with any of the following: sanitary drainage or storm drainage facilities; the venting system and the public or private water supply systems within or adjacent to any building, structure, or conveyance; or any storm water or sewerage and water supply system of any premises to its connection with any point of public disposal or other acceptable terminal; and, in addition thereto, to install, maintain, repair, fabricate, alter, expand, or design, when not otherwise prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, pneumatic control piping, gasoline tanks and pump installations and piping for same, fire suppression systems up to the detector check valve, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines, lift station equipment and piping, natural gas fuel lines within buildings, and all appurtenances, apparatus, appliances, or equipment utilized in connection therewith, precluding however liquefied petroleum lines and connections thereto and electrical power wiring.

Residential contractor certificate of competency—Class C shall mean that instrument which, when duly issued by the board to a person or firm, authorizes said person or firm to act as a residential building contractor and to engage in the construction, remodeling, repair, or improvement of any one-, two-, and three-family unit residential structure not to exceed two (2) stories in height, and any accessory use structures utilized in connection therewith. This activity shall also include the installation of aluminum railings, soffit, siding, gutters, screen enclosures, prefabricated cabanas or carports, or other prefabricated aluminum structures or buildings not under an existing roof.

Roofing contractor shall mean any person or firm qualified and certified by the board who, in any capacity, undertakes, offers to undertake, or purports to have the capacity to undertake; accepts an order to contract on a fixed sum, cost plus a percentage, a fixed fee, any combination thereof, or for any other type of compensation; or submits a bid himself, or by or through any other person or firm, to install, maintain, repair, alter, extend, or design, when not otherwise prohibited by law, and use materials and items used in the installation, maintenance, extension, alteration, or repair of all types of roofing and waterproofing, including specialty roofs. All persons or firms engaged in the application, repair, or replacement of specialty roofs shall be factory certified applicators for each type of specialty roof to be applied. Further, any specialty roof system applied in the County shall have a Southern Building Code Congress International (SBCCI) compliance report prior to such application. Factory certified applicator and compliance report documentation shall be maintained in the contractor's file. The scope of work of the roofing contractor shall exclude, however, all roof penetrations required for installation, maintenance, or repair of electrical, plumbing, or H.A.R.V. fixtures or systems or any part thereof performed under the direct supervision and control of a journeyman, master, or contractor fully qualified and certified by the board in the applicable field.

Sheet metal contractor shall mean any person or firm qualified and certified by the board for unlimited service in the sheet metal trade for the manufacture, handling, installation, erection, maintenance, dismantling, conditioning, repair, fabrication, alteration, adjustment, expansion, or design, when not otherwise prohibited by law, of ferrous and nonferrous materials of US #10 gauge or its equivalent or lighter gauge and other similar materials used in lieu thereof, including air distribution, turning vanes, splitter or volume dampers, fire dampers, internal and exterior insulation, access doors, and other work incidental thereto for the purpose of moving, directing, and controlling air in the operation of heating, air conditioning, and ventilation equipment and all designed architectural sheet metal; excluding, however, the setting of equipment or installation of any air handling equipment or electrical resistance heaters. Nothing contained herein should be interpreted to mean that licensure is required for sheet metal work performed in a manufacturing environment.

Siding, window and door contractor shall mean any person or firm qualified and certified by the board to perform any work to install siding, windows and doors. This work includes vinyl, wood or aluminum siding, soffit, fascia, gutters and all types of windows and doors. This includes the work necessary to repair the substrate to accomplish proper installation including removal and repair of individual structural components but does not include removal of structural assemblies (i.e., window and door bucks may be repaired and/or replaced, but contractor would not be allowed to enlarge or modify wall assembly).

Solar water heating contractor shall mean any person or firm who, in any capacity, undertakes, offers to undertake, or purports to have the capacity to undertake; accepts an order or contract on a fixed sum, cost plus a percentage, a fixed fee, any combination thereof, or for any other type of compensation; or submits a bid himself, or by or through any other person or firm, to perform any work to size, install, alter, repair, maintain, relocate, or replace any and all solar hot water systems and solar swimming pool heaters.

Subcontractor shall mean any person or firm who contracts with a contractor to perform part or all of the latter's work.

Swimming pool/spa contractor shall mean any person or firm qualified and certified by the board who, in any capacity, undertakes, offers to undertake, or purposes to have the capacity to undertake; accepts an order or contract on a fixed sum, cost plus a percentage, a fixed fee, any combination thereof, or for any other type of compensation; or submits a bid himself, or by or through any other person or firm, to perform any work involving the construction, repair, water treatment, or servicing of any swimming pool or spa (public, private, or otherwise) used for therapy, swimming, or other use; excluding, however, manufacturing of prefabricated above-or below-ground pools. Said work shall include, but not be limited to, design, layout, excavation, operation of construction pumps for dewatering purposes, steel work, installation of tile and coping installation of all filter equipment, chemical feeders, and pool equipment of any type, including systems for the direct infusion of chlorine gas, plastering of the interior, pouring of decks, guniting, fiberglassing, construction of housing for pool equipment, and the installation of package pool heaters; provided, however, that the scope of the work of such contractor shall not include electrical power wiring, remote located solar heating devices, or direct connection to any sanitary sewer or potable water supply system. The term swimming pool contractor shall not include any person or firm engaged solely in the servicing, repair, water treatment, and maintenance of swimming pools, public or private.

Swimming pool/spa service contractor shall mean any person or firm qualified and certified by the board who, in any capacity, undertakes, offers to undertake, or purports to have the capacity to undertake; accepts an order or contract on a fixed sum, cost plus a percentage, a fixed fee, any combination thereof, or for any other type of compensation; or submits a bid himself, or by or through any other person or firm, to perform any work involving the servicing, repair, water treatment, including, but not limited to, the direct infusion of chlorine gas, and maintenance of any swimming pool or hot tub or spa, whether public or private. The scope of such work includes the repair and/or replacement of piping; the repair and/or replacement of existing pool equipment including filters, chemical feeders, and package pool heaters; and the installation of additional equipment as required as long as such installation does not upgrade or downgrade the design criteria of the original pool systems. The scope of such work shall also include the reinstallation of tile and coping, pool refinishing, pool replastering, and repouring of decks provided, however, that the scope of work of such persons and firms shall not include electrical power wiring, solar heating devices, or direct connection to any sanitary sewer or potable water supply systems.

Underground utilities contractor shall mean any person or firm qualified and certified by the board who, in any capacity, undertakes, offers to undertake, or purports to have the capacity to undertake; accepts an order or contract on a fixed sum, cost plus a percentage, a fixed fee, or any combination thereof; or submits a bid himself, or by or through any other person or firm, to perform any work involving the excavation, construction, installation, repair, replacement, removal, alteration, or continuation of utility lines. Said work shall not include installation of piping that constitutes the exclusive part of any fire protection/suppression system from the detector check valve, detector service valve, or engineer's designated point of connection. Such work shall not preclude limit or interfere with the specified duties of class I building contractors, mechanical contractors, plumbing contractors, or paving specialty contractors who utilize their own employees while engaged in underground utility activities for storm water collection systems in accordance with applicable federal, state, and county laws, rules, and regulations; provided, however, that such paving specialty contractor must subcontract other portions of utility work to duly licensed utilities contractors.

(Ord. No. 90-16, § 1, 7-3-90; Ord. No. 92-3, § 1, 2-11-92; Ord. No. 07-057, § 1(1), 9-25-07; Ord. No. 09-039, § 1(1), 7-8-09)