§ 18-70. Requirements to apply for and/or obtain a certificate of competency from Pasco County.

(1)

Application. All applicants for a certificate of competency must provide a completed notarized application, in a form to be determined by the building official, with the required application fee which is set by the board of county commissioners by resolution. The application form will include, but is not limited to:

(a)

Proof of experience in the trade or category for which an applicant seeks to perform contracting. The experience must be equivalent in quantity to four years' active, full-time undertaking in the trade or category, and must be capable of independent verification by the building official. Proof of education or classroom experience can be used to verify up to one-quarter (25 percent) of the requisite experience.

(b)

Proof of good moral character. Pasco County will require an applicant to provide information on his or her history of arrest, if any, and to pay a fee and sign consent forms for a criminal background history. Good moral character refers to personal history of honesty, fairness and respect for the rights of others and the laws of the county and state. The building official may refuse to issue a certificate if competency for failure to satisfy the requirement of good moral character only if:

1.

There is a substantial connection between the lack of an applicant's good moral character and the contractor's professional responsibilities;

2.

The building official finds the lack of good moral character is supported by clear and convincing evidence. If an applicant is denied a certificate of competency based upon the lack of good moral character, the building official must furnish the applicant with a statement containing the building official's findings, a copy of the determining evidence and notice of the right to appeal.

(c)

Proof of financial stability. Pasco County will require a financial statement and will require the applicant to pay a fee and sign consent forms for a credit report from a nationally recognized credit agency that (a) obtains credit information both within and outside the State of Florida, (b) validates, updates, and maintains the accuracy of credit information obtained, and (c) obtains credit reports from at least two credit bureaus. Any applicant who has a history of bankruptcy may be required to provide a creditor matrix and proof of final discharge or judgment. Any applicant who has had a lien or a court judgment against him or her may be required to provide a copy of the petition, judgment, lien, and proof of satisfaction or current repayment plan. Financial stability refers to the ability to safeguard the public from economic loss resulting from a contractor's inability to pay his lawful obligations under the contract. The grounds upon which the building official may deny a certificate of competency for lack of proof as to financial stability include the following:

1.

Failure to submit the required credit reports, creditor matrix, judgments, lien information, or other information requested by the building official.

2.

Failure to answer the application questions truthfully and completely.

3.

Evidence that the applicant has filed voluntary or involuntary bankruptcy within the five years preceding the application resulting in a loss to consumers or creditors with whom the applicant conducted business as a contractor.

4.

The existence, within the ten years preceding the application, of an unsatisfied court judgment rendered against the applicant based upon the applicant's failure to pay just obligations to parties with whom the applicant conducted business as a contractor.

5.

An unfavorable credit report or history as indicated by any of the documents submitted.

6.

A determination by the building official that the applicant lacks the financial stability necessary to assure compliance with the standard set forth in this section. As guidelines for the determination of financial responsibility the building official will consider the applicant's response to the questions set forth in the application.

7.

Failure to demonstrate a minimum net worth of $20,000.00, except that the following contractors must demonstrate a minimum net worth of $10,000.00: concrete contractor, masonry contractor, carpentry contractor; sign contractor, nonelectrical; irrigation sprinkler contractor; tile and marble contractor; finish carpentry contractor; aluminum specialty contractor; plastering and stucco contractor; glass and glazing contractor; hurricane protection contractor; garage door contractor; and painting contractor.

(2)

Exam. Any applicant for a certificate of competency whose application has been approved by the building official must take and pass an appropriate exam in the category for which an applicant seeks to perform contracting. If a question arises as to which exam is appropriate, the building official will make the final determination, which determination may be appealed to the Pasco County Licensing Board. A passing exam grade is 70 percent or better. Exam administration and procedure, and the agency chosen to devise, administer, and grade the exam within the sole discretion of the building official. In lieu of an exam, Pasco County will accept a score of 70 percent or better on an appropriate exam in the category for which the applicant seek to perform contracting, which was previously administered in another jurisdiction. If a question arises as to whether an exam from another county is appropriate, the building official will make the final determination, which determination may be appealed to the Pasco County Licensing Board. The building official may waive the requirements of an examination under the following circumstances:

(a)

The certificate of competency is for one of the following categories: concrete contractor; masonry contractor; carpentry contractor; sign contractor, nonelectrical; irrigation sprinkler contractor; tile and marble contractor; finish carpentry contractor; aluminum specialty contractor; plastering and stucco contractor; glass and glazing contractor; hurricane protection contractor; garage door contractor; marine contractor; painting contractor.

(b)

The building official determines that an examination is not necessary to determine the applicant's competency to perform contracting in the category for which licensure is sought, due to the applicant's longevity in the trade, demonstrated knowledge, ability to answer oral queries concerning the requirement of the trade, or demonstrated proficiency in the appropriate category.

The refusal of the building official to waive the examination requirements may be appealed to the Pasco County Construction Board.

(3)

Provision of proof of required insurance, bond. All applicants must provide a current certificate of insurance covering the applicant's business, showing the applicant as the license holder, and showing Pasco County as the certificate holder. All applicants must show proof of compliance with the State of Florida's workers' compensation requirements. Acceptable proof of insurance consists of a certificate from the insuring company indicating:

(a)

The name, address and phone number of the insuring company and the insurance agent.

(b)

The name and address of the insured. All insurance policies must reflect the exact name of the entity qualified by the applicant.

(c)

The insurance policy number.

(d)

The effective dates of the insurance policy. All contractors holding an active certificate of competency must maintain current insurance.

(e)

The coverage amount is at least $50,000.00 per person/$100,000.00 per incident for liability and $5,000.00 per incident for property damage.

(f)

Pasco County, as certificate holder, will receive a written notice 30 days prior to cancellation.

(g)

The certificate must be prepared by a bona fide insurance agent.

Acceptable proof of workers' compensation insurance consists of a certificate from the division of employment and workers' compensation indicating compliance with F.S. ch. 440. Workers' compensation insurance or an appropriate exemption must be in effect at all times the contractor maintains an active certificate of competency.

(4)

Payment of fees. All applicants must pay the fee set by the board of county commissioners for issuance of a certificate of competency.

(5)

Provision of proof of state registration where required. All applicants must provide proof of state registration of the Pasco County certificate of competency when required.

(Ord. No. 07-20, § 1, 9-11-07)