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.

1:55Mr. 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

2:26license 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

2:56to ad to remove those licenses which are now prohibited under state law or under under the House bill. Um

3:08and 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.

3:39Um 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.

3:53Mr. Mariano?

3:54Yeah,

3:55Jack Mariano. Thank

3:55you.

3:55These mics aren't on by the way.

4:01Yeah, this is

4:03They're very low up there on.

4:07Uh 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.

4:37Commercial investment that has to be done.

4:40So 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

4:56The 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.

5:02But our ordinance that we have in place, I think, makes us have a

5:07Mm-hmm. for a remodel of a commercial building.

5:11Well, But the remodel of a commerci The remodel of a commercial building is not covered by this House bill. So

5:21I mean

5:24This 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

5:54uh changed with this. That's not a local licensure issue.

6:02Someone 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?

6:17If 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

6:31If you look at the way the sections have been amended, they have added on

6:41to 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

6:59I 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.

7:15Not 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

7:28the same rules apply to residential as a commercial. So

7:32Well 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.

7:39Correct. You get well. You have your residence,

7:41I

7:41don't

7:41have to hire anybody. I can do more work myself or hire it

7:44either 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.

8:00As a commercial?

8:03Or 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.

8:29Okay.

8:32Can I just do do the work without even pulling a permit if I use one of those trades.

8:43if 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

9:13do the job.

9:16If I could have someone doing the work. and they don't need a license for it, why would there be any extra qualifications needed?

9:28But 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.

9:45Okay. Okay. Yep. Thank you. That that helps tremendously.

9:50All right, this is a uh public hearing. Is anyone on a WebEx?

9:55So no sir, we don't have anyone on the web ex as of right now.

9:59Is there anyone here to speak to this item?

10:03No one is here to speak on this item, sir.

10:06Second.

10:07Got a motion and a second. All those in favor?

10:09Roll

10:09call

10:09vote because it's an ordinance.

10:11Okay. Roll call vote.

10:15Um Did we ask any if anyone in the audience wanted to speak to this member? Yes,

10:20they did. I you did. Okay. I I just said

10:22signed 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.

10:30Right? Okay. All right, roll call vote. District two, Commissioner Moore. District three, Commissioner Starkey. Aye. District four, Commissioner Fitzpatrick. Aye. District five, Commissioner Mariano.

10:40Aye.

10:40District one, Chairman Oakley.

10:42Aye. Motion passes unanimously. Move on to P forty-five.

10:47Um, sir, I'm sorry. Um item P forty-four, I was not able to provide proof prior to the

10:51reading if I could

10:52do it now.

10:53Item

10:53P forty-four was published in the Tampa Bay Times on June 9, 2021.