§ 22-53. Construction industry licensing board.

Unless specifically provided otherwise in this section, the establishment, conduct and duties of the construction industry licensing board shall be in accordance with section 12.03.05 of the Land Development Regulations printed as part II of this volume.

(1)

Qualifications of members. No member of the construction industry licensing board shall hold any elective or appointed position or office in the government of the county, state, municipality, taxing district, utility authority or state or local agency having jurisdiction in the county, nor shall such member be an employee of the county. The board shall, whenever possible, consist of five active (certified or registered) contractors (e.g. general, building, residential, electrical, plumbing, air conditioning, roofing, etc.), one active specialty contractor and one lay person. A contractor or a specialty contractor appointed to the board shall hold an unexpired certificate of competency in a business as a contractor, and have been so engaged for a period of not less than five consecutive years before the date of such appointment. A lay person appointed to the board should be one who is not now and has never been a contractor or a member of any closely related profession or occupation. All members of the board shall be residents of the county.

(2)

Removal. Members may be removed from office by a majority vote of the board of county commissioners.

(3)

Vacancies. Vacancies shall be filled by appointment of the board of county commissioners for the unexpired term of the member affected. It shall be the duty of the chairman to notify the chairman of the board of county commissioners within ten days after any vacancy shall occur among members or the alternate member.

(4)

Sunset provision. Terms of all members shall expire on March 1 of each year.

(5)

Alternate member. An alternate member shall be appointed to the construction industry licensing board. Such alternate shall attend all meetings and fully participate in board discussions and deliberations to the point of voting. The alternate shall not cast a vote if all permanent members are present. Should any permanent member be absent, the chairman or vice-chairman may declare the alternate to be a voting member for the duration of the meeting. The quorum requirements of the board shall not be increased, nor shall the alternate be counted toward a quorum or lack of a quorum unless the alternate has been declared to be a voting member for the duration of the meeting.

(6)

Proceedings. Proceedings shall be as follows:

a.

Officers and voting. The board shall select a chairman and vice-chairman from among its members and may create and fill such other offices as it may determine. It shall provide itself with a secretary, either by election from its members or by appointment of an employee of the county who is not a member of the board. All members of the board, but not a secretary who is not a member of the board, shall be entitled to vote in matters before that board.

b.

Rules of procedure. The board shall adopt rules of procedure necessary to its governance and the conduct of its affairs, in keeping with the applicable provisions of law and this article. Such rules of procedure shall be available in a written form to the public.

c.

Meetings. Meetings shall be held at the call of the chairman and at such other times as the board may determine; provided, however, that the board shall schedule at least one meeting each month, on a day to be determined by the board. Meetings that are not regularly scheduled shall not be held without at least 48 hours' notice to each member. The board shall have the power to take testimony under oath and compel the attendance of witnesses.

d.

Quorum; minutes; public records. The board shall keep minutes of its proceedings, showing the vote of each member, including the chairman or vice-chairman, or if absent or failing to vote under subsection (6)e of this section indicating such fact. The board shall keep records of its examinations and other official actions, all of which shall be a public record and filed immediately in the office of the director of planning and development. A quorum for the transaction of business shall consist of four members. The concurring votes of four members shall be necessary to reverse any order, requirement, decision, or determination of the director of planning and development. A majority of the members of the board present and voting shall be necessary to decide in favor of the applicant on any matter upon which it is required to pass under this Code or any other matter to be acted upon by the board, except as previously stated.

e.

Disqualification of members. If any member of the board shall find that his private or personal interests are involved in the matter coming before the board, he shall disqualify himself from all participation in that case. No member of the board shall appear before the board or any other board established in the land development regulations printed as part II of this volume or the board of county commissioners as agent or attorney for any person in any matter involving the construction industry of the county.

f.

Financial and staff assistance. The board may be provided by the board of county commissioners with such professional and financial assistance as may be deemed necessary to enable the board to perform the functions assigned to it by this Code.

(7)

Board duties. In addition to duties that the board of county commissioners may from time to time direct by resolution, the county construction industry licensing board shall:

a.

Determine the requirements for issuance of certificates of competency and issue such certificates to those who qualify when an applicant is directed to appear before the board by the director;

b.

Review applications from applicants who have not taken a required Block examination, determine whether an applicant is otherwise qualified to obtain a certificate of competency except for the required examination, and sponsor applicants who meet all other requirements to take the required Block examination;

c.

Conduct hearings for the suspension or revocation of certificates of competency or take any other action deemed necessary for the public health, safety and welfare and to otherwise enforce the provisions of this article;

d.

Annually, or more often if need arises, review the Standard Building Code, the National Electrical Code and other standardized codes; recommend amendments, deletions, alterations, or additions to such codes; and report their findings to the board of county commissioners;

e.

Upon application, may recommend to the board of county commissioners the creation of additional classifications of specialty crafts; and

f.

Shall hear appeals of administrative determinations regarding interpretations of this article.

(8)

Director's duties. The county planning and development director shall:

a.

Issue certificates of competency to those who qualify (minimum qualifications include having passed any required examination with a score of 75 percent or higher, providing required and satisfactory letters of reference, and providing a satisfactory credit report;

b.

Issue and reinstate certificates of competency to persons who may qualify through reexamination;

c.

Issue certificates of competency to applicants who qualify through reciprocity; and

d.

Review credit information required of an applicant and, for those applicants who must appear before the board, indicate to the board whether the applicant's credit report is satisfactory for purposes of obtaining a certificate of competency or to be sponsored by the board to take a required Block examination.

(Ord. No. 93-3, § 6.00, 5-6-93)