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Pasco Countymeeting record

CAO-21-0806

Published agenda

Heard once, at the Board of County Commissioners on Jun 22, 2021.

OutcomeAdopted by the Board of County Commissioners on Jun 22, 2021
Approved to adopt by a roll call vote.

Official title

An Ordinance By The Board Of County Commissioners Of Pasco County, Florida, Amending Chapter 18 (Buildings And Building Regulations) To Eliminate Local Requirements That Conflict With HB 735 (2021 Legislative Session); Amending Definition Of “Contractor” To Remove Requirements For Local Licensing In Various Trades And Adding Language As Necessary To Clarify Scopes Of Various Licensing Categories; Providing For Applicability; Providing For Repealer; Providing For Severability; Providing For Inclusion In The Code; Providing An Effective Date.

Every appearance1 of 1 are in a recording

TranscriptWhat was said at each appearance is below it. Machine transcription, with speaker names inferred from voice matching. 59% of 66 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.

  1. 1
    Board of County CommissionersP44Public hearingAdopted
    Approved minutes

    Approved to adopt by a roll call vote.

    Open this item →
    9m
    Unidentified speakerVoice A

    Mr. Chairman, uh item P forty-four is an ordinance by the Board of County Commissioners of Pasco County, Florida, amending Chapter 18 building and building regulations to eliminate local requirements that conflict with House Bill. 735 of the 2021 legislative session, amending the definition of contractor to remove the requirements for local licensing in various trades, and adding language as necessary to clarify scope. of various

    license categories, providing for applicability, providing for repealer, providing for severability, and providing for inclusion in the code and providing for an effective date. Um as the board is aware uh the House and Senate passed House Bill 35. which uh preempted uh local governments from regulating to for having certain local licenses. Um the ordinance before you is an attempt

    to ad to remove those licenses which are now prohibited under state law or under under the House bill. Um

    and uh to make us compliant if if that bill uh is signed by the governor, as you heard from your lobbyist today, the While this bill has not yet been signed, Um it has an effective date of July first if it is signed. And so this was your last meeting to bring something forward to get you into compliance. It has an effective date of either when the governor signs it Or July first, whichever Yeah.

    Um but the but the changes to chapter eighteen are merely to bring Uh your ordinance in compliance with what we believe to be state law. Okay. Thank you.

    Ron OakleyChair

    Mr. Mariano?

    Unidentified speakerVoice A

    Yeah,

    Mike Moore

    Jack Mariano. Thank

    you.

    These mics aren't on by the way.

    Yeah, this is

    Ron OakleyChair

    They're very low up there on.

    Jack Mariano

    Uh Mr. Mr. County Attorney, I guess my question would be We have a rule with commercial permitting that goes on. that if you're gonna do any work on your commercial property, you have to have a contractor do it. Um When I look at these trades that are in there listed in this list Should we be adjusting our code or considering adjusting our code where these do not become part of that uh commercial investment? That has to be done.

    Unidentified speakerVoice A

    Commercial investment that has to be done.

    Jack Mariano

    So someone someone wants to go do Decorative stone. uh marble, granite, terrazzo, plastering. uh interior remodeling cabinetry. And the state legislature says you don't need a permit for it. I mean a

    Unidentified speakerVoice A

    The state law says you don't have a don't have to have a licensed contractor doing, not that you don't have to have a permit.

    Jack Mariano

    But our ordinance that we have in place, I think, makes us have a

    Mm-hmm. for a remodel of a commercial building.

    Unidentified speakerVoice A

    Well, But the remodel of a commerci The remodel of a commercial building is not covered by this House bill. So

    I mean

    This ordinance is designed merely to cover what the legislature is preempting you. If you want to change So I would argue that if you're working on a commercial structure You're gonna need a either a general contractor A licensed general contractor Um or be under the supervision of a licensed general contractor. I mean that that's Four eighty nine has not changed

    uh changed with this. That's not a local licensure issue.

    Jack Mariano

    Someone doing all these Type of works. Without being a contractor, should I look at my commercial policy in my permitting code to say that I have to have a licensed contractor doing work that the state says you don't even need someone to have a license for it?

    Unidentified speakerVoice A

    If they are doing the work which is not d doesn't require a license, then they they can do it without being a licensed contractor. I mean i if you if you look at the If

    If you look at the way the sections have been amended, they have added on

    to aluminum contractor, to masonry contractor, to concrete contractor. an exception for The things that they that they don't need a local license for anymore. Drywall contractor. So

    I don't believe that It. It sounds like the the what you're asking for is something that is Not covered by Seven thirty five.

    Jack Mariano

    Not covered by it, but it seems as a contradiction as far as If you don't need a license for it But I'm doing work on commercial building. Obviously residential doesn't matter. that I wouldn't need to go I don't I can't

    Unidentified speakerVoice A

    the same rules apply to residential as a commercial. So

    Jack Mariano

    Well I think we we have it. If you're a commercial owner, you can't do the work yourself. You've got to hire somebody to go do it.

    Unidentified speakerVoice A

    Correct. You get well. You have your residence,

    Jack Mariano

    I

    don't

    have to hire anybody. I can do more work myself or hire it

    Unidentified speakerVoice A

    either Either way. You're talking about pulling an owner permit. Which you can do if you're the owner of the property. That's that is an ex that is an exception. You can you can be your own general contractor by pulling an owner permit.

    Jack Mariano

    As a commercial?

    Unidentified speakerVoice A

    Or just a residential. In almost every instance the commercial property is owned by a corporation and so it would not qualify. Uh I I haven't gone back to look at look recently at whether or not it that that exemption is just for residential. But If you're if it if the property is owned by an LLC, you can't pull an L an owner permit.

    Jack Mariano

    Okay.

    Can I just do do the work without even pulling a permit if I use one of those trades.

    Unidentified speakerVoice A

    if you would not otherwise need a permit And you're only doing those things Yes. I mean I it yeah It's all I need now. I mean. Mm-hmm. If But what I don't I don't want you to come away with is that's an issue of whether or not They were it was r a required local licensure, not whether they needed a general contractor to

    do the job.

    Jack Mariano

    If I could have someone doing the work. and they don't need a license for it, why would there be any extra qualifications needed?

    Unidentified speakerVoice A

    But if the work they're doing requires licensure, Other than uh state law licenger. They still need state law licensure. Okay. All right, I got you now. We just can't do it locally. That's right. This is th all we're doing is taking away the local requirement.

    Jack Mariano

    Okay. Okay. Yep. Thank you. That that helps tremendously.

    Ron OakleyChair

    All right, this is a uh public hearing. Is anyone on a WebEx?

    Kathryn StarkeyVice Chair

    So no sir, we don't have anyone on the web ex as of right now.

    Ron OakleyChair

    Is there anyone here to speak to this item?

    Kathryn StarkeyVice Chair

    No one is here to speak on this item, sir.

    Unidentified speakerVoice A

    Second.

    Ron OakleyChair

    Got a motion and a second. All those in favor?

    Unidentified speakerVoice A

    Roll

    Ron OakleyChair

    call

    Unidentified speakerVoice A

    vote because it's an ordinance.

    Ron OakleyChair

    Okay. Roll call vote.

    Kathryn StarkeyVice Chair

    Um Did we ask any if anyone in the audience wanted to speak to this member? Yes,

    Mike Moore

    they did. I you did. Okay. I I just said

    Unidentified speakerVoice A

    signed up, but it's they would be silent. Is there anybody in the audience that was here for this item? Just to be in an abundance. Or wants to speak to the audience.

    Kathryn StarkeyVice Chair

    Right? Okay. All right, roll call vote. District two, Commissioner Moore. District three, Commissioner Starkey. Aye. District four, Commissioner Fitzpatrick. Aye. District five, Commissioner Mariano.

    Ron OakleyChair

    Aye.

    Kathryn StarkeyVice Chair

    District one, Chairman Oakley.

    Ron OakleyChair

    Aye. Motion passes unanimously. Move on to P forty-five.

    Kathryn StarkeyVice Chair

    Um, sir, I'm sorry. Um item P forty-four, I was not able to provide proof prior to the

    Ron OakleyChair

    reading if I could

    Kathryn StarkeyVice Chair

    do it now.

    Ron OakleyChair

    Item

    Kathryn StarkeyVice Chair

    P forty-four was published in the Tampa Bay Times on June 9, 2021.