STATEMENT OF ISSUE
In 1994, the City Commission approved Ordinance No. 94-O-0020, which established the City’s Construction Industry Review Committee (CIRC) to exercise disciplinary control and oversight over local contractors who received certificates of competency from the City in plumbing, electrical, mechanical, and natural gas. On July 9, 2003, the City Commission approved an ordinance that took the City to a single tier contractor licensing system in line with the State’s processes. Upon approval of Ordinance 03-O-44, the City no longer issued contractor competency cards for plumbing, electrical, mechanical and natural gas contractors. The CIRC continues to handle disciplinary issues for contractors, but the level of work for the CIRC has decreased, and the CIRC requests that the City Commission amend the Land Development Code to revise its duties and meeting schedule. The City Attorney’s Office has drafted an ordinance amending the Land Development Code to allow the CIRC to meet on an as-needed basis for disciplining contractors. Other duties of the CIRC will be shifted to the Building Official. Ordinance No. 09-O-07 is before the City Commission for introduction and to set the public hearing. (Attachment 1)
Mayor Marks and Commissioner Lightsey of the Long Range Planning Target Issue committee are sponsors of this ordinance.
RECOMMENDED ACTION
1. Introduce Ordinance No. 09-O-07 and set the public hearing for Wednesday, January 28, 2009, at 6:00 PM in City Hall, Commission Chambers, 2nd Floor, 300 South Adams St., Tallahassee, FL.
FISCAL IMPACT
None expected.
James R. English, City Attorney
For Information, please contact: Linda Hudson, Assistant City Attorney, Ext. 8554
SUPPLEMENTAL MATERIAL/ISSUE ANALYSIS
HISTORY/FACTS & ISSUES
In 1994, the City Commission approved Ordinance No. 94-O-0020, which included the establishment of the City’s Construction Industry Review Committee (CIRC). The City was required to have such a committee by Florida Statutes to exercise disciplinary control and oversight over contractors who received certificates of competency from the City in plumbing, electrical, mechanical, and natural gas. The CIRC also approves applicants to take examinations to be qualified as Master plumbers, electricians, mechanical, and natural gas fitters. If the applicant passes his/her examination, the CIRC certifies him/her as plumbing, electrical, mechanical and natural gas contractors.
On July 9, 2003, the City Commission approved Ordinance 03-O-44 that took the City to a single tier contractor licensing system in line with the State’s processes. Upon approval of Ordinance 03-O-44, the City no longer issued contractor competency cards for plumbing, electrical, mechanical and natural gas contractors. The CIRC no longer has duties related to those competency cards, but continues to handle disciplinary issues for contractors and to approve applicants for issuance of journeyman certification in plumbing, electrical, and gas fitting.
The level of work for the CIRC has decreased since 2003, and the CIRC requests that the City Commission amend the Land Development Code to revise its duties to shift the approval of applicants for issuance of journeyman certification to the Building Official and to revise its meeting schedule to allow it to meet at least once a year, but only as needed for disciplinary matters.
Recognizing the change in its role and aware of the decreasing need for regular meetings, the CIRC members asked staff to prepare options for its future. City staff proposed several options, including complete transfer of CIRC duties to the County construction industry review board, merger of the CIRC and the County board, and revising the CIRC’s duties to limit it to disciplinary matters and have it meet on an as-needed basis to address those matters. With City staff’s full support, the CIRC chose the third option (revising its duties and meeting on an as-needed basis). The CIRC has reviewed and recommends approval of the attached ordinance. (Attachment 1) The CIRC also reviewed and approved the recommended changes to its bylaws to incorporate the changes. The revised CIRC bylaws will be presented to the City Commission for approval if the ordinance is approved on January 28.
City staff met with the Long Range Planning Target Issue committee on November 19, 2008, to explain the reasons for the CIRC’s request and the options it reviewed. The Long Range Planning commissioners agreed to sponsor the ordinance accomplishing the changes requested by the CIRC.
Under the proposed ordinance, the Land Development Code (and the CIRC bylaws) would be amended (Attachments 1) to shift responsibility for approving journeymen applicants for examinations from the CIRC to the Building Official; and to revise the CIRC’s meetings to an as-needed basis. The CIRC will meet only when a complaint against a contractor is brought to it, but will meet at least once a year for the purpose of handling administrative matters and electing officers. It is anticipated that the CIRC will meet only 2-3 times a year. The Building Official or his designee will handle review of qualifications and approval of journeymen applicants to take the examinations. Staff has historically performed the reviews and made recommendations to the CIRC; the only change in the process will be that the recommendations will now be made to the Building Official.
The CIRC and its independent counsel (Knowles and Randolph) have reviewed and approved the proposed changes to the Land Development Code and the CIRC bylaws.
The City Attorney’s Office has drafted Ordinance 09-O-07 amending the Land Development Code to allow the CIRC to meet on an as-needed basis for disciplining contractors and shift other duties to the Building Official. Ordinance No. 09-O-07 is before the City Commission for introduction and to set the public hearing. (Attachment 1)
OPTIONS
1. Introduce Ordinance No. 09-O-07 and set the public hearing for Wednesday, January 28, 2009, at 6:00 PM in City Hall, Commission Chambers, 2nd Floor, 300 South Adams St., Tallahassee, FL.
2. Introduce Ordinance No. 09-O-07, as revised by the City Commission, and set the public hearing for Wednesday, January 28, 2009, at 6:00 PM in City Hall, Commission Chambers, 2nd Floor, 300 South Adams St., Tallahassee, FL.
3. Do not introduce Ordinance No. 09-O-07 and provide directions to staff.
ATTACHMENTS/REFERENCES