Dade County Municipal Code Chapter 10, 2015 (For Miami-Dade Contractors ONLY)

In construing the provisions hereof and each and every word, term, phrase or part hereof where the context will permit, the definitions provided in Section 1.01, Florida Statutes, as presently written and as may hereafter be amended, and the following additional definitions shall apply:

(A) Administrative agency. "Administrative agency" shall be the Department of Public Works and Waste Management with responsibility for issuing permits for work in, on, under or over public streets, thoroughfares, waterways and utility easements, and shall be the Department of Regulatory and Economic Resources for work on private property or on public property, waterways and utility easements, except where the duty and authority to issue permits is otherwise specifically assigned to another administrative agency by ordinance, resolution or by administrative directive of the County Manager, or in the case of municipalities, by whatever municipal agency may be designated by such municipality.

(B) Board. "Board" refers to the Construction Trades Qualifying Board.

(C) Building. "Building" relates to the erection, moving or demolition of structures used for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, and related structures. It includes the work required to construct, alter, repair, add to, subtract from, improve, move or demolish any building or other structure or part thereof; to excavate in connection therewith or incorporate labor or material therein. The scope of work of one (1) engaged in the trade of building shall be limited to the classification of the various building contractors contained in this chapter.

(D) Contractor. "Contractor" is any person, firm, joint venture or corporation that engages in the business under express or implied contract, in any of the trades, or who undertakes or offers to undertake or purports to have the capacity to undertake, or submits a bid to, or does himself, or by or through others, engage in the business of doing a trade, or a Miami-Dade County or Municipal Department qualified by the holder of an Authorized Employee Certificate of Competency or other qualifying agent. An owner-builder or a person who only furnishes material, supplies or equipment without fabricating them into or consuming them in performance of the work of a contractor, or any person who engages in the activities herein regulated as an employee with wages as his sole compensation shall not be considered as contractor.

(E) Disciplinary action panel. "Disciplinary action panel" shall mean a panel of at least three (3) board members from one (1) or both divisions who are appointed to serve by the Chairman of the Board for the sole purpose of conducting disciplinary hearings.

(F) Division. "Division" refers to the two (2) working divisions, Division A and Division B, into which the Construction Trades Qualifying Board is divided for purposes of conducting disciplinary hearings except as otherwise provided for herein and reviewing all contractor and tradesmen applications.

(G) Engage in business. "Engage in business" shall mean doing a trade for any owner or any tenant of land, water, or of a building, or any part thereof, or for any person, firm or corporation in possession of or in charge of the same or any part thereof, or entering into a contract with such owner, tenant, person, firm or corporation for the doing of a trade.

(H) Engineering. "Engineering" relates to the work of doing, constructing or installing harbors, docks, bulkheads, retaining and property line walls, levees, bridges, tunnels, streets, roads, curbs, gutters, overpasses, underpasses, paving sidewalks, drainage facilities, including the collection and disposal of rainwater through use of pipes, soakage pits, dry wells, catch basins and water control curbs, pumping and lift stations and similar work in connection with water power, water supply, and water control; pile driving; filling; excavating; grading; sewage collection and disposal systems; underground utility systems and railroads. The scope of work shall be limited by the classification of the various engineering contractors contained herein.

(I) Firm. "Firm" shall include a sole proprietorship, partnership, joint venture, associations, a Miami-Dade County or Municipal Department or any other type of business organization or corporation.

(J) Joint venture. "Joint venture" shall mean an association of persons, firms and/or corporations who jointly undertake one (1) or more business transactions for their mutual profit.

(K) Principal Stockholder. "Principal Stockholder" shall mean a person who owns 25% or more of a company's outstanding voting shares.

(L) Probable cause panel. "Probable cause panel" shall mean a panel of at least two (2) board members from the same division who are appointed to serve by the chairman of that division.

(M) Qualifying agent. "Qualifying agent" means any person who has made application, been examined, and approved to qualify a contractor, or holders of an Authorized Employee Certificate of Competency who are approved to qualify a Miami-Dade County or Municipal Department. He may qualify himself, another individual, a firm, joint venture, or a corporation as a contractor, and in addition to other responsibilities, shall perform all supervision for the contractor.

(N) Sub-contractor. "Sub-contractor" is any person, firm, joint venture or corporation that contracts with a contractor verbally or in writing, to perform part of or all of the latter's work.

(O) Trade. "Trade" shall include, but shall not be limited to, construction, repair, removal of buildings, plumbing work, electrical work, mechanical work, engineering construction work, and equipment rental including the supply of equipment operators or supervision of equipment operators in the performance of their work.

(P) Transporting Assemblies. "Transporting Assemblies" shall mean any permanent or semi-permanent device, manually or power-operated, other than elevators, dumbwaiters or escalators used for transporting material or persons in any horizontal, inclined or vertical direction and such assemblies shall include but shall not be confined to the following:

(1) Amusement devices used to convey persons as a form of amusement.

(2) Inclined devices, with or without seats, but not considered as escalators.

(3) Man hoists, stage and orchestra lifts, tiering and piling machines, skip hoists and wharf ramps.

(4) Belt, bucket, scoop, roller or similarly inclined or vertical freight conveyors.

(5) Hoists which are used for handling material during construction of buildings and structures.

Dade County Municipal Code ­ Chapter 10, 2015. Dade County Florida, FL. Dade County Florida, FL (For Miami-Dade Contractors ONLY)