§ 5-302. Certificates of competency.

(a)

Any person or firm engaged in or desiring to engage in business as a contractor, or any person desiring to work as a journeyman as required by applicable building regulations in the unincorporated areas of the county, shall be the holder of a certificate of competency issued by the board, by the state construction industry licensing board, or the state electrical contractors licensing board prior to engaging in business or working as a journeyman. A firm may hold a certificate of competency by and through a qualifying agent. Such qualifying agent shall be certified by the board, by the state construction industry licensing board, or by the state electrical contractors licensing board in order for said firm to be certified in the category of business for which the qualifying agent is certified. The certificate of competency, when issued to a firm, shall be in the name of the qualifying agent, and the name of the firm shall also be noted thereon. If any qualifying agent who has been issued a certificate of competency by the board ceases to be affiliated with such firm by reason of death, termination, or otherwise, said qualifying agent or firm shall so inform the board within seven (7) calendar days of cessation of his affiliation with the firm he qualifies. If such qualifying agent is the only certified individual affiliated with the firm, the firm shall have a period not to exceed thirty (30) calendar days from the date of cessation of the qualifying agent's affiliation with the firm in which to employ another qualifying agent. During said thirty-day period, no new permits for construction shall be issued to said firm. Nothing herein shall be interpreted or construed to prohibit such firm from completing any existing contract then incomplete. In no event shall any person qualify more than one firm in any given trade category.

(b)

Any person or firm desiring to engage in business as a contractor, or any person desiring to work as a journeyman as required by applicable building regulations in the unincorporated areas of the county, who does not hold or is not qualified by the board, by the state construction industry licensing board, or by the state electrical contractors licensing board, shall make application for certification by the board on a form prescribed by the board which shall be available at the county building division. All applications must be accompanied by an application fee in order to be considered by the board. Application fees shall be established by resolution of the commission.

(1)

All applicants for a certificate of competency as a contractor must successfully complete an examination prescribed by the board in order to show his degree of experience in the field for which he is seeking certification; his knowledge of all applicable local, state, and federal laws, including but not limited to all applicable building codes, safety, health, and lien laws of the county, state, and federal governments; and his knowledge of rudimentary administrative principles of the contracting business for which application is being made.

(2)

Examinations prescribed by the board shall be administered by the board of examiners. The board of examiners shall certify all test results to the board.

(3)

Notice of the next regular examination shall be given in writing by the board of examiners to all who make application to take said examination.

(4)

The board of examiners may administer oral examinations. The board has the right, in its sole discretion, to refuse to accept the results of an oral examination and require the applicant to take a written examination instead.

(5)

The board of examiners shall notify each applicant of his/her score and shall immediately present the results of said examination to the board for its consideration. All applicants, whether a contractor or journeyman, must achieve a minimum passing grade of seventy-five (75) per cent to be considered eligible for certification by the board.

(c)

No application for a certificate of competency as a contractor shall be considered unless the applicant supplies the following:

(1)

Type of certificate of competency sought;

(2)

The applicant's name, residence, and business address;

(3)

If the applicant is a firm, the name and business address of the firm; the names and residences of all directors and officers of the firm together with the amount or percentage of their interest therein; and the name and address of the resident agent for said firm. If the applicant is a corporation, a certificate of incorporation and a letter from the secretary of state confirming that such corporation is current with the secretary of state, and further confirming the name and address of the resident agent authorized to receive service of process on behalf of said firm;

(4)

A sworn list of all businesses owned, operated, or managed by the applicant within the past five (5) years and the addresses of such businesses;

(5)

A sworn statement that the applicant and all other members of the firm have not been convicted within the past five (5) years, of a misdemeanor or felony involving dishonesty, fraud, or moral turpitude. If this is not the case, the applicant shall provide to the board a list of the charges, sentence, and name and address of the court hearing said case;

(6)

A credit report by a credit bureau satisfactory to the board;

(7)

List of actual work experience and education in the category for which application is being made.

(d)

All applications for a contractor's certificate of competency shall include the following documents in addition to all documents required by subsection (c) above:

(1)

A check or money order for the applicable fee;

(2)

Letter from a licensed insurance agent or agency showing the applicant's insurability for the following policies of insurance, all insurance policies shall be updated annually:

a.

Appropriate workers' compensation insurance.

b.

Public liability insurance in at least the policy limits commonly known as $100,000/$300,000 or $300,000 CSL.

c.

Property damage insurance in the amount of twenty-five thousand dollars ($25,000.00).

(3)

Letters of recommendation from three (3) different building materials suppliers, all of whom have supplied materials to the applicant within the six (6) months immediately preceding the date of application.

(4)

Letters of recommendation from three (3) subcontractors, all of whom have been subcontractors on projects for the applicant within the six (6) months immediately preceding the date of application, or, if applicable, letters of recommendation from three (3) contractors, for whom the applicant has worked as a subcontractor within the six (6) months immediately preceding the date of application.

(5)

In the event the applicant is unable to furnish the letters required by subsections (3) and (4) because he has not carried on any contracting or subcontracting business within the six (6) months immediately preceding the date of application, the applicant shall submit three (3) letters of recommendation from reputable business or professional persons, not related by blood or marriage to the applicant, residing in the county, or in the county of the applicant's last business venture or residence, vouching for the applicant's reputation as to honesty, integrity, and good character.

(6)

A sworn statement that the applicant or the applicant's qualifier has worked in the contractual field in which the applicant is seeking certification for at least four (4) years; provided, however, that the board may reduce said requirement to two (2) years for individuals who show proof of formal education satisfactory to the board.

(7)

Any other documents or information requested by the board.

(e)

The board shall not issue a certificate of competency to any contractor except upon a finding by the board:

(1)

That the applicant, or if the applicant is a firm that the qualified representative thereof, has made a passing grade on the prescribed examination and has the necessary experience for the type of certificate for which he has applied.

(2)

That the credit report and financial statement of the applicant show that the applicant is financially responsible and able to engage in the contracting field for which certification is requested.

(3)

That the applicant and each member of the firm possess a reputation for honesty and are of good character and have not been convicted in the past five (5) years of any misdemeanor or felony involving dishonesty, fraud, or moral turpitude. Honesty, integrity, or good character may be established by legally sufficient evidence that:

a.

Applicant has not committed an act within the past three (3) years which, if committed by a licensed contractor, would be grounds for suspension or revocation of a certificate of competency.

b.

Applicant has not committed an act within the past three (3) years involving dishonesty, fraud, deceit, or lack of integrity whereby the applicant has benefitted or whereby some injury has been sustained by another.

c.

Applicant has not in the past five (5) years refused to pay valid bills of at least five (5) different persons or firms supplying materials or services to said applicant as evidenced by unsatisfied judgments entered in a court of competent jurisdiction.

(4)

That the applicant is insured by a responsible insurance company for:

a.

Workers' compensation insurance.

b.

Public liability insurance in at least the policy limits commonly known as $100,000/$300,000 or $300,000 CSL.

c.

Property damage insurance in the amount of twenty-five thousand dollars ($25,000.00).

(5)

That the applicant has filed with the board a bond in the sum of five thousand dollars ($5,000.00) payable to the county, conditioned upon the applicant complying with all building codes, ordinances, laws, rules, regulations, policies, or procedures adopted by the commission and shall protect, save harmless, and indemnify the county, and the commission against all injury and damage to persons or property which the commission or any other person sustains as a result of work performed by the contractor, his agents, or employees. Said bond shall be in a form prescribed by the commission, which document shall be available at the county building division.

(6)

The contractor, applicant or qualifier possesses the required skill, knowledge, and experience in the category for which application is made as evidenced by four (4) years' proven experience in the trade; provided, however, that the board may reduce said requirement to two (2) years for individuals who show proof of formal education satisfactory to the board.

(f)

All applications for a certificate of competency as a journeyman shall include a check or money order for the applicable fee and shall provide evidence satisfactory to the board that the applicant has two (2) years' experience in the field for which he wishes to be qualified; provided, however, that the board may reduce said requirement to one year for individuals who show proof of formal education satisfactory to the board.

(g)

The board shall not issue a certificate of competency to any journeyman unless the applicant has passed the required examination and has satisfied all designated experience requirements except those certificates of competency which are issued as a result of grandfather certification procedures.

(h)

Any person desiring to engage in business as a contractor in his own name or with a firm other than the one with which he has previously qualified shall make application for transfer in writing to the board on a form adopted by the board, which form shall be available at the county building division. Said application for transfer shall be accompanied by a transfer fee and shall include all information required by this article for new applicants. After investigation of the financial responsibility and the credit and business reputation of said person or firm and posting of bonds, insurance and other documents, the board, upon a favorable determination, shall forthwith issue a new certificate of competency in the person's name, or in the name of the new firm; provided, however, that in no event shall any person qualify more than one person or firm in any given trade category.

(Ord. No. 90-16, § 6, 7-3-90; Ord. No. 92-3, § 6, 2-11-92)