§ 74-36. Certification of pump and irrigation contractors.

(a)

Certification required. No person shall install or repair a pump and/or irrigation system; or shall offer to perform the installation or repair of said system, unless the person holds a valid certificate of competency from the department as a pump and irrigation contractor. Such certificate of competency shall only be issued to a natural person or a person representing a business corporation, association, partnership, company or trust.

(b)

Exemptions:

(1)

Licensed Florida Water Well contractors and Florida State Certified Plumbing Contractors, are exempt from the requirement of obtaining a certificate of competency from the department for the installation or repair of pumps or pumping equipment, and the installation or repair of irrigation systems.

(2)

Florida State Registered Plumbing Contractors are exempt from the requirement of obtaining a certificate of competency from the department for the installation or repair of pumps or pumping equipment, and the installation or repair of irrigation systems, if said contractor holds a valid, certificate of competency in Volusia County, for plumbing contracting.

(3)

A property owner who personally performs construction, maintenance, or repairs on a pump or irrigation system which serves his or her owner-occupied, single-family residence, is exempt from the certification requirements, but is still subject to the permit requirements as set forth in this article.

(c)

Certificate of competency:

(1)

Application forms: A complete application for certificate of competency shall be submitted to the Volusia County Health Department on the department's approved form.

(2)

Application Fees: The application must be accompanied by the required fee(s) as established by resolution of the county council. Application fees are non-refundable and non transferable.

(3)

General liability and property damage insurance and worker's compensation: Proof of valid general liability and property damage insurance, and worker's compensation or exemption, must be submitted to the department prior to issuance of the certificate of competency, and prior to each renewal. A minimum of $100,000.00 property damage coverage and $25,000.00 general liability insurance coverage, must be demonstrated.

(4)

The applicant must demonstrate a minimum of two years of experience in the installation and repair of pumps and irrigation systems gained through working with a licensed pump and irrigation contractor, well driller, or plumbing contractor.

(5)

The applicant shall submit to a written examination which shall be prepared, graded and proctored by Experior, Gainesville, Florida, or any other testing agency recognized by the department, to test the qualifications of the applicant to perform the installation and repair of pumps, pumping equipment and irrigation systems in the county.

(6)

In order to be eligible for certification, the applicant shall obtain a passing grade of 75 percent or higher on the required examination and passing grade of 75 percent or higher on the two hour business and law examination.

(d)

Duration of certificates. All certificates of competency issued as provided herein, are biennial certificates and will expire on September 30 of odd-numbered years. Certificates may be renewed for the ensuing year without written examination through the month of September of an odd numbered year, upon proper and timely application to the department.

(e)

Inactive status. Upon payment of an inactive status fee, a contractor may work while in an inactive status, under the supervision of an active status contractor, in accordance with the requirements of F. S. Ch. 489, as amended. The return to active status from inactive status without testing, requires proof of maintained continuing education units in accordance with section 74-36(8) of this article.

(f)

Reciprocity. An initial certificate of competency as a pump and irrigation contractor shall be issued without further written examination to any person,

(1)

Who successfully completed a written examination for pump and irrigation contractors prepared, proctored and graded by a testing agency approved by the department and;

(2)

Who holds a current certificate of competency from a city or county which has an irrigation ordinance with jurisdiction and control over installation, extending, and maintaining irrigation systems, and all appurtenances thereto, similar to that of Volusia County certificates of competency. To secure such a certificate, the applicant shall submit to the department, a photostatic copy of a current competency certificate, a copy of the specific application used to secure testing, and a certificate from the chief administrator's office of the city or county issuing said certificate.

(g)

Certificate of competency number. The certificate of competency number of each pump and irrigation contractor shall remain the same, from year to year.

(h)

Continuing education units. Twelve continuing education credits must be completed biennially to maintain the validity of a certificate of competency. Continuing education courses must be approved by the department to be eligible for credit.

(i)

Grounds for refusal, suspension or revocation of certificate of competency. The department may refuse to issue or renew, or may suspend or revoke, a certificate of competency for any one or more of the following:

(1)

Material misstatement in the application for certificate of competency.

(2)

Failure to have or maintain the qualifications required by this article.

(3)

Willful disregard or violation of this article, or any rule or regulation promulgated by the council pursuant to this article.

(4)

Willful aiding or abetting another person in the violation of this article, or any rule or regulation promulgated by the council pursuant to this article.

(5)

Gross incompetency in the performance of work required of a pump and irrigation contractor.

(6)

Allowing the use of a certificate of competency for the purpose of violating this article.

(7)

Failure to pay the required certification and/or permit fees.

(8)

Failure to complete the required continuing education units on a biennial basis.

(9)

Failure to submit proof of general liability and property damage insurance, or workman's compensation coverage or exemption.

(10)

Failure to abide by permit conditions.

(j)

Refusal, suspension or revocation of certificate of competency for irrigation contractors:

(1)

In case of refusal, suspension or revocation of a certificate of competency, the person concerned shall be notified of said action by the department by:

a.

Personal notice, or by certified mail, return receipt requested;

b.

Notice by the sheriff's office, or;

c.

Publishing notice on two days in a newspaper of general circulation in the county.

(2)

In case of the above-described action, the person concerned may file written notice of appeal to the board, through the department, within 30 days from receipt of notification. The department shall, upon receipt of said notice, schedule a hearing during the next regularly scheduled meeting of the board. The board may sustain, reject or modify the refusal, suspension or revocation.

(k)

Fines. Any person who installs or repairs a pump and/or irrigation system; or offers to perform said work without a valid certificate of competency from the department shall be fined $250.00 for the first offense, and $500.00 for each subsequent offense. Fines will be deposited in the Volusia County Health Department Trust Fund.

(Ord. No. 2002-23, § I, 12-12-02)