23 into navigable waters which are subject to the control of the United States government; and



Similar documents
ORDINANCE NO.:

said subcontractor initiates his work.

corporation with its principal place of business in the City of

\ ~untv Administrator's Sionature:

ORDINANCE NO. PAGE 1 TOWN OF FLOWER MOUND, TEXAS ORDINANCE NO.

STATE OF OKLAHOMA. 2nd Session of the 53rd Legislature (2012) COMMITTEE SUBSTITUTE

Alachua County Board of County Commissioners ORDINANCE 07-

An ordinance amending Chapter 82 of the Saint Paul Administrative Code revising the City s prevailing wage ordinance.

Chapter EDITION. Plumbers Insurance required of certain providers of low-flow showerheads or faucet aerators

CHAPTER 10 - GENERAL LICENSING & LICENSING BOARDS ARTICLE 22 - LICENSING OF RESIDENTIAL CONTRACTORS

corporation with its principal place of business in the City of

TABLE OF CONTENTS. 30-iii

New York Professional Employer Act

CHAPTER 30. Private School Registration / Licensing for Private Degree Granting Post-Secondary Education Institutions

ORDINANCE NO

Legislative Counsel s Digest: Section 4 Section 5 Section 6 Section 6 Section 7

CITY OF AURORA CITY COUNCIL ORDINANCE NUMBER DATE OF PASSAGE

Miami-Dade Police Department Burglar Alarm Ordinance

Application for Solicitor License 2750 Kelley Parkway, Orono, MN Phone: / Fax:

INSURANCE REQUIREMENTS FOR CONSTRUCTION CONTRACTS ABOVE $25,000

State of Connecticut REGULATION of

Cancellation, nonrenewal, or termination of automobile insurance -- Definitions -- Scope -- Penalties. (1) As used in this section: (a)

TITLE 11. DEPARTMENT OF BANKING AND INSURANCE - DIVISION OF INSURANCE CHAPTER 2. INSURANCE GROUP SUBCHAPTER 33. WORKERS' COMPENSATION SELF-INSURANCE

RESPONSIBLE WAGES ORDINANCE

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 H 2 HOUSE BILL 880 Committee Substitute Favorable 7/11/13

WEST VIRGINIA CODE CHAPTER 21. LABOR ARTICLE 16. REGULATION OF HEATING, VENTILATING AND COOLING WORK.

RULES OF TENNESSEE DEPARTMENT OF LABOR DIVISION OF WORKER S COMPENSATION CHAPTER GENERAL RULES OF THE WORKERS COMPENSATION PROGRAM

PRIVATE SCHOOL REGISTRATION FOR POSTSECONDARY DEGREE GRANTING EDUCATION INSTITUTIONS. Chapter 30

WORKERS COMPENSATION REGULATIONS IN THE STATE OF FLORIDA Broward County Edition

LICENSE APPLICATION FOR CONTRACTORS

ADOPTED REGULATION OF THE DEPARTMENT OF MOTOR VEHICLES. LCB File No. R Effective November 8, 2001

PROCESS SERVERS Section Business & Professions Code

ORDINANCE NO. 04- I O

Contractor s License & Endorsements

CHAPTER 260. AN ACT concerning employee leasing companies. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

114CSR Amendments to the West Virginia Medical Malpractice Policy Agreement Form.

INSTRUCTIONS FOR APPLICATION FOR LICENSE TO OPERATE ALARM BUSINESS AS DEFINED BY CHAPTER 720, ST. LOUIS COUNTY REVISED ORDINANCES

16 LC ER A BILL TO BE ENTITLED AN ACT BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Substitute for HOUSE BILL No. 2024

CONTRACTOR REGISTRATION

EXHIBIT B-1 INSURANCE REQUIREMENTS FOR CONSTRUCTION CONTRACTS ABOVE $30,000

$)tate of urenne1,1,ee

ASSEMBLY, No STATE OF NEW JERSEY. Introduced Pending Technical Review by Legislative Counsel PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

Be it enacted by the People of the State of Illinois,

TREE CONTRACTORS LICENSE APPLICATION

West s Annotated MISSISSIPPI CODE

[ controlled insurance programs - Controlled Insurance Programs Act - codification - effective date - emergency ]

REPORTS OF STANDING COMMITTEES. The Committee on Financial Institutions and Insurance recommends HB 2076 be amended on

APPLICATION FOR LICENSE FOR INSTALLER / TRANSPORTER OF FACTORY-BUILT HOMES

PREQUALIFICATION QUESTIONNAIRE

Building Division. Engineering, Planning and Building Department 540 Laird Avenue S.E. Warren, Ohio Office: (330) Fax: (330)

MASSAGE THERAPY CERTIFICATE 2016 LICENSE APPLICATION INSTRUCTIONS City of Plymouth 3400 Plymouth Boulevard, Plymouth, MN

INFORMATION FOR ASBESTOS HANDLING LICENSE APPLICANTS

STATE OF OKLAHOMA. 2nd Session of the 44th Legislature (1994) AS INTRODUCED An Act relating to professions and occupations;

Article 21. Surplus Lines Act Short title. This Article shall be known and may be cited as the "Surplus Lines Act". (1985, c. 688, s. 1.

HOUSE BILL No By Committee on Insurance AN ACT enacting the Kansas professional employer organization licensing

$&71R SENATE BILL NO (SUBSTITUTE FOR SENATE BILL 812 BY SENATOR SCHEDLER)

House Substitute for SENATE BILL No. 117

Miami-Dade Legislative Item File Number:

Employee Leasing Company (PEO) Registration Application

SAN BERNARDINO MOUNTAINS COMMUNITY HEALTHCARE DISTRICT

SARASOTA COUNTY GOVERNMENT HUMAN SERVICES PROGRAM CONTRACT

Chapter No. 972] PUBLIC ACTS, CHAPTER NO. 972 HOUSE BILL NO By Representative Kisber. Substituted for: Senate Bill No.

THE CITY OF YOUNGSTOWN REGISTRATION OF SPECIALTY CONTRACTORS

Construction Industry Workers Compensation Coverage Act. Approved by the NCOIL Executive Committee on November 22, 2009.

NEBRASKA PROPERTY AND LIABILITY INSURANCE GUARANTY ASSOCIATION ACT

ANN ARBOR CITY NOTICE

BUCKS COUNTY DEPARTMENT OF HEALTH RULES AND REGULATIONS FOR CONDUCTING AND OPERATING FOOD FACILITIES

STATE OF OKLAHOMA. 2nd Session of the 53rd Legislature (2012) COMMITTEE SUBSTITUTE

PERMIT HOURS: 8:30 A.M :00 A.M. & 1:00 P.M :00 P.M.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: CHAPTER 1 PRELIMINARY PROVISIONS

WEST VIRGINIA CONTRACTOR LICENSING BOARD

Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.

An Act. SUBJECT: Oklahoma Professional Employer Organization Recognition and Registration Act

AGREEMENT BETWEEN COUNTY AND CONTRACTOR FOR GOODS AND SERVICES. THIS AGREEMENT, effective this 20th day of April in the year, 2015, between:

DIVISION 2 WORKER S COMPENSATION

CITY OF LEXINGTON CONTRACTOR S LICENSE APPLICATION 9180 Lexington Avenue Lexington, MN Phone (763) Fax (763)

ARTICLE 1: GENERAL PROVISIONS ARTICLE 2: TAX EXEMPTED ARTICLE 3: DEFINITIONS

CHAPTER 179. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. R.S.34: is amended to read as follows:

NC General Statutes - Chapter 58 Article 5 1

APPLICATION FOR LICENSE TO OPERATE ALARM BUSINESS AS DEFINED BY CHAPTER 720, ST. LOUIS COUNTY REVISED ORDINANCES

RULE 90 GARNISHMENTS AND SEQUESTRATION. (c) A "garnishee" is the person summoned as garnishee in the writ of garnishment or

SUBCHAPTER 11. VIATICAL SETTLEMENTS REGULATION

TOWNSHIP COUNCIL OF MOUNT HOLLY TOWNSHIP BURLINGTON COUNTY, NEW JERSEY ORDINANCE NO

Senate Bill No. 48 Committee on Health and Human Services

CONSUMER LOAN BROKER ACT Investigation of applicant; issuance or denial of license; time limit for acting on applications.

General Contractor Registration Application Please read and follow these instructions.

Gambling 1 CHAPTER 115: GAMBLING

Summary of Emergency Adoption of Regulation Underground Utility License

The Board of Supervisors of the County of Riverside ordain as follows:

PROPOSED REGULATION OF THE STATE BOARD OF NURSING. LCB File No. R114-13

Subject: Amendments to the Massage Therapy Ordinance, BMC Chapter 9.32

ILLINOIS REGISTER DEPARTMENT OF PUBLIC HEALTH NOTICE OF PROPOSED AMENDMENTS

COUNTY ATTORNEY EMPLOYMENT AGREEMENT FIRST RESTATEMENT

Senate Bill No. 38 Committee on Transportation and Homeland Security

CHAPTER 277 CERTIFICATION OF ALARM SYSTEM CONTRACTORS AND INSTALLERS (100C) Establishment of program. There is established within the fire

Chapter 32 Utah Interlocal Financing Authority Act

LABOR AND WORKERS COMPENSATION GROUP SELF-INSURANCE

Errors and Omissions Statutes and Proposed Regulations

PUBLIC LAW NOV. 15, 1995 MIGRANT AND SEASONAL AGRICULTURAL WORKERS COMPENSATION

Transcription:

DRAFT DOCUMENTI CI \Documents and Settings \sueb\local Settings \ Temporary lntt!met, Files\Content.Outlook\Q7361K7L \Final.wpd, January 14, 2010 (1O:16am) NOTE: additions/deteiious - ~.j ORDINANCE NO: 2J)/D- 2, 2 3 AN ORDINANCE AMENDING THE HERNANDO COUNTY CODE OF 4 ORDINANCES; PROVIDING FOR A TITLE; PROVIDING FOR LEGISLATIVE 5 INTENT; AMENDING SECTION 8-28 TO AMEND DEFINITION OF "MARINE 6 CONTRACTOR"; AMENDING SECTION 8-30TOREQUIRETHEPROVISION 7 PROOF OF COMPLIANCE WITH BOTH STATE AND FEDERAL WORKERS 8 COMPENSATION LAW AS A CONDITION PRECEDENT TO THE ISSUANCE 9 OR RENEWAL OF A CERTIFICATE OR REGISTRATION; AMENDING 10 SECTION 8-44 TO REQUIRE THE PROVISION PROOF OF COMPLIANCE 11 WITH BOTH STATE AND FEDERAL WORKERS COMPENSATION LAW AS 12 A CONDITION PRECEDENT TO THE SUBMISSION OF BIDS FOR THE 13 CONSTRUCTION, IMPROVEMENT, REMODELING, OR REPAIR OF PUBLIC 14 BUILDINGS; AMENDING SECTION 8-97(104.4.3) TO REQUIRE THE 15 PROVISION PROOF OF COMPLIANCE WITH BOTH STATE AND FEDERAL 16 WORKERS COMPENSATION LAW AS A CONDITION PRECEDENT TO 17 RECEIVING A BUILDING PERMIT; AMENDING SECTION 8-246 RELATING 18 TO MARINE CONTRACTING REQUIREMENTS; PROVIDING FOR 19 SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND 20 PROVIDING AN EFFECTIVE DATE. 21 22 WHEREAS, it is recognized that marine contractors frequently perform work that extends 23 into navigable waters which are subject to the control of the United States government; and 24 WHEREAS, Fla. Stat. 440.09 provides that benefits are not payable under Florida's 25 Workers Compensation Law with respect to disability or death of any employee covered by the 26 Longshoremen's and Harbor Workers' Compensation Act, or the Jones Act; and 27 WHEREAS, the death or disability of an employee of a marine contractor may not be 28 covered by Florida's Workers' Compensation Law as the coverage under state law and the coverage 29 under federal law are mutually exclusive; and 30 3

DRAFT DOCUMENT: C: \Documents and Settings \sueb\local Settings \ Temporary Internet Files\Content.Outlook\Q7361K7L\Final.wpd, January 14, 2010 (10: 16am) NOTE: additions/deletions = 1 WHEREAS, the Board of County Commissioners has determined that, for the protection of 2 the citizens of Hernando County and employees of marine contractors, the Hernando County Code 3 be amended to provided that all marine contractors shall be required to possess all workers' 4 compensation coverages required by law, now therefore 5 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 6 HERNANDO COUNTY, FLORIDA: 7 Section 1. Amendment and Revision of Hernando County Code Section 8-28 8 The definition of "Marine Contractor" contained in Section 8-28 of the Hernando County 9 Code is hereby amended to read as follows, with struck-through material deleted and underlined 10 material added. 11 Sec. 8-28. Definitions. 12 (8) Marine contractor nlealts the scope of eettifieatiol1 inelttdes al'j:d is 13 limited to the execution of eolltlaets teqttilillg the skill, k::nowledge, ability and 14 expedence to install, altel, repair, Ittaintain, telocate, and leplace. 8ttppolting 15 IttclnbclS for piers and docks, Le., piles 01 pilings, eolttlnlis, po,~ts, stanchions. The 16 scope of ~ork of stich colthactot shall inelttde all COllsUttetion belo~, Aboye or 17 beyond, the mean lo~ ~atel line, 01 the sole plllpose of eonstttlctillg C1eeting 01 18 disliiluttling of piels, docks and se.. walls is a specialty contractor whose scope of 19 work includes and is limited to any work involving the construction. repair, 20 alteration, extension and excavation for fixed docks, floating docks, boathouses, 2

DRAFT DOCUMENT: C:\Documents and Settings\sueb\LocaJ Settings\Temporary Internet Files\Content.Outlook\Q7361K7L \Final.wpd, January 14, 2010 00:16am) NOTE: additions/deletions = mooring devices. mooring fields. seawalls. bulkheads. piers. wharfs. boat lifts. boat 2 ramps. revetments. cofferdams. wave attenualors. dune crossovers and other marine 3 structures and activities. including pile driving. hauling. concrete. masonry. dredge 4 and fill. and wood shingles, wood shakes. 01' asphalt or fiberglass shingle roofing on 5 a new structure of his or her own construction. Marine contractors must maintain 6 applicable workers' compensation and general liability insurance as required by state 7 and federal law. including but not limited to the provisions of the Longshoremen's 8 and Harbor Worker's Compensation Act. 33 U.S.C. 901 ef sea. and Title 46 9 V.S.C.A. 10 Section 2. Amendment and revision of Hernando County Code Section 8 30 11 Section 8-30 of the Hernando County Code is hereby amended to read as follows, with 12 struck~through material deleted and underlined material added. 13 Sec. 8~30. Evidence of workers' compensation insurance. 14 Any person, business organization, or qualifying agent who is certified or registered 15 under this code or by state law, and who engages in the business of contracting in 16 this county shall provide evidence of all workers' compensation insurance pmsuailt 17 to Chaptet 440, Flm ida Statutes coverages that are required by state and/or federal 18 law, as a cond ition precedent to the issuance or renewal of a certificate or 19 registration. The failure to maintain workers' compensation coverage as required by 20 law shall be grounds to revoke, suspend, or deny the issuance or renewal of a 3

DRAFT DOCUMENT: C: \Documents and Settings \sueb\local Settings \ Temporary Internet Files \Content.Outiook \Q7361K7L \Final.wpd, January 14, 2010 (10: 16am) NOTE: additions/deletions = 1 certificate or registration; as a violation of section 8-62 (subsections (d), (j), (n». 2 Section 3. Amendment and revision of Hernando County Code Section 8~44 3 Section 8-44 of the Hernando County Code is hereby amended to read as follows, with 4 struck-through material deleted and underlined material added. 5 Sec. 8-44. Bids for construction, improvement, etc., of public buildings to be 6 accompanied by evidence of certification or registration. 7 Hernando County shall require that bids submitted for construction, improvement, 8 remodeling or repair ofpublic buildings be accompanied by ev idence that the bidder 9 holds an appropriate certificate or registration, unless the work to be performed is 10 exempt under this code or section 489.103, Florida Statutes. Any contractor not 1 L domiciled in this state shall submit to the county proof ofall workers' compensation 12 coverages that are required by state and/or federal law and evidence that the 13 contractor's carrier or self-insurer has current knowledge of the contractor's intent 14 to do business in Hernando County. 15 Section 4. Amendment and revision of Hernando County Code Section 8~79 16 Section 8-79 of the Hernando County Code is hereby amended to read as follows, with 17 struck-through material deleted and underlined material added. 18 4

DRAFT DOCUMENT: C: \Documents and Settings \sueb\local Settings \ Temporary Internet Files\Content.Outlook\Q7361K7L\Final.wpd, January 14,2010 00:16am) NOTE: additions/deletions::;: Sec. 8-79. Issuance; bond requirement; proof of liability, property damage and 2 workers' compensation insurance. 3 All persons acting in the capacity of a contractor including those persons 4 registered for the purpose ofobtaining permits must provide proofof possessing a five 5 thousand dollar ($5,000.00) bond, liability insurance if applicable and compliance 6 with workers' compensation. Upon approval by the principal office and preparation 7 of all appropriate documents, the applicant may be issued the certificate of 8 competency applied for, if applicable or registered for permitting purposes. 9 Applicants and/or contractors regulated by the Department of Business and 10 Professional Regulation must post a five thousand dollar ($5,000.00) bond made 11 payable to the Construction Industry Recovery Fund to be filed with the Principal 12 Office of the Board. Bond requirements for state certified contractors shall be l3 effective April 1, 2002. Applicants and/or contractors regulated by the Hernando 14 County Construction Licensing Board or otherwise registered must post a five 15 thousand dollar ($5,000.00) bond made payable to the Hernando County 16 Development Department. The applicant must provide proof of public liability and 17 property damage insurance for the safety and welfare of the public in such amounts 18 as determined by the board if applicable. The applicant must provide proof of 19 workers' compensation insurance, as required by this code.1 and Florida Statutes,;. 20 and/or federal law. 5

DRAFT DOCUMENT: C:\Documents and Seuings\sueb\Local Settings\Temporary Internet Files\Content.Outlook\Q7361K7L\Final.wpd, January 14, 2010 (IO:I6am) NOTE: additions/deletions = Section 5. Amendment and revision of Hernando County Code Section 8.97(104.4.3) 2 Section 8-97( 104.4.3) of the Hernando County Code is hereby amended to read as follows, 3 with struck-through material deleted and underlined material added. 4 9-97(104.4.3) Identification of minimum premium policy. Except as otherwise 5 provided iii Chapter 'He, Workers Compematioli by law, every employer shall, as 6 a condition to receiving a building permit, show proof that it has secured 7 compensation for its employees as provided itt 440.10 aud 4040.38, Florida 8 Statutes as required by this code. Florida Statutes. and/or federal law. 9 Section 6. Amendment and Revision of Hernando County Code Section 8 246 10 Section 8-246 of the Hernando County Code is hereby amended to read as follows, with 11 struck-through material deleted and underlined material added. 12 Sec. 8-246. Administration. 13 Refer to the Standard Building Code, 1991 edition, Chapter 1, Administration, as 14 modified by county Ordinance No. 92-25, in addition to the following: 15 (1) Every application for a permit in and upon Hernando County 16 waterways must be submitted to the county building division with plans and 17 specifications thereof, together with a sketch of the property and the adjoining water 18 body, which sketch must show the width of the existing water body at the point of 19 the property from which the dock, pier or seawall is to be built; the proposed length 6

DRAFT DOCUMENT: C:\Documents and Settings\sueb\Local Settings\Temporary Internet Files \Content.Outiook \Q7361K7L\Final.wpd, January 14, 2010 (10: 16am) NOTE: additions/delctiolls = of the dock or pier into the water body; and such other items as may, from time to 2 time, be required by the building division or other appropriate agency. 3 (2) The intent of these speclfications is to set minimum standards for 4 typical marine construction. 5 (3) Good engineering practice shall be used at all times. 6 (4) Any person, firm or corporation who violates any of the provisions 7 set forth in this code shall be deemed guilty of a misdemeanor which shall be 8 punishable within the limits and as provided by state laws. 9 (5) Upon receipt ofan appl ication for any marine construction along the 10 county's rivers the building division may forward the application to the port 11 authority for their evaluation and recommendations prior to permitting. 12 Construction standards shall be consistent with the Riverine Protection Ordinance. 13 (6) The building division may at any time request evaluation and 14 recommendations from the port authority with respect to marine construction. The IS building division may incorporate any such recommendation in any final decision 16 regarding marine construction. All recommendations must be consistent with the 17 provision of the marine construction code. 18 7

DRAFT DOCUMENT: C: \Documents and Settings \sueb\local Settings \ Temporary Internet Files \Content.Outlook \Q7361K7L\Final.wpd, January 14, 2010 00:16am) NOTE: additions/deletions = ill Except as otherwise provided by law. every employer shall. as a 2 condition to receiving a building permit pursuant to this Article. show proof that it 3 has secured compensation for its employees as provided as reguired by this code. 4 Florida Statutes. and/or federal law. 5 Section 8. Existing Contracts and Permits; Validity Unaffected 6 Nothing in the provisions of this ordinance shall affect the validity of any permits, 7 agreements or contracts in existence on the Effective Date of this ordinance. 8 Section 9. Inclusion in the Code 9 It is the intention of the Board ofcounty Commissioners of Hernando County, Florida, and 10 it is hereby provided, that the provisions of this Ordinance shall become and be made a part of the 11 Code of Ordinances of Hernando County, Florida. To this end, the section of this Ordinance may 12 be renumbered or relettered to accomplish such intention, and that the word "ordinance" may be 13 changed to "section, "article ll, or other appropriate designation. 14 Section 10. Effective Date. 15 This ordinance shall take effect immediately upon receipt of official acknowledgment from 16 the office of the Secretary of State of Florida that this ordinance has been filed with said office. 17 8

DRAFT DOCUMENT: C:\Documents and Settings\sueb\Local Settings\Temporary Internet Files \Content.Outlook \Q7361K7L\Final.wpd, January 14, 2010 (10: 16am) NOTE: additions/deletioils = 1 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 2 HERNANDO COUNTY in Regular Session this ~~ ay of JOJIUO-C1 2010. ~\\\\'\uiiii/"'111. '. UN" "" Co., ~.".~ 3 "c;o...,.~~ ~ " It \01~ 4. t')0... -', :.0 ~ BOARD OF COUNTY COMMISSIONERS. ' ','Z '!, 5 '. m- HERNANDO COUNTY, FLORIDA -,:, ~E AL ::ll :: 6 ~ i u.",!j ~ ~ -rt.. ~~ 7 '>< ~ r,ri! i:::: ~ ~I... y/. '4.., -. ~"" ~ 8 ~J: '.;:: "".,'\ :.0'" I. ~-, ' 9 /!.!w.~yt.1_-,--,'----='-..l.--"=.:...--=-..:=---, 1 ' A. 10 The Hon. Karen Nicolai ruzbick 11 Clerk 12 13 Approved for Form and Legal Sufficiency: 14 15 16 17 18 4countY Attorney (f 9