§ 8-63. Investigation, authority.

(1)

At any time that it shall come within the knowledge of a field investigator or the building official or his/her designee that any of the foregoing grounds for disciplinary action may exist as to any contractor, or that a person without regard to licensure; may have violated a provision of this code; it shall be the duty of the principal office and/or a designated code enforcement officer, field investigator and the building official or his/her designee to make a full fact-gathering investigation and file a report thereof, together with a statement as to whether or not such grounds do exist. In the event that it shall come within the knowledge of the board that any such violation may exist or have occurred; the board may direct an investigation be conducted.

(2)

A field investigator or the building official or his/her designee may enter and inspect any place of business to which the public is invited or a construction site any reasonable time for the limited purpose of investigating compliance and/or violations of this code. Persons or entities required to be licensed pursuant to this code shall keep, maintain, and provide for inspection upon demand; those licenses and certificates of insurance required by this code.

(3)

A license must be in the possession of the certificate holder and/or be readily accessible for inspection purposes. A person unable to produce proof of licensure in that the license is not on his/her person or readily accessible shall be deemed in violation of this code and subject to a civil citation and the applicable penalty as prescribed in this code and applicable resolutions. The term readily accessible shall be limited to the license being somewhere in the immediate vicinity of the person or persons performing work or acting in the capacity of a contractor. A designated code enforcement officer, field investigator, building official or his/her designee is authorized to determine compliance as to the term "readily accessible".

(4)

A field investigator, the building official or his/her designee performing an investigation, is authorized to compel a certificate holder to cooperate with an ongoing investigation as to violations of this code. Cooperation is achieved when a certificate holder; attends meetings upon the written request of a designated code enforcement officer, field investigator and the building official or his/her designee; or otherwise does not conceal or cause to be concealed, or assist in concealing any material activities or information about the contracting firm to include but not be limited to the exclusion or facilitation of the exclusion of any aspect of the contracting firm's financial or other business activities.

(5)

If the building official or his/her designee finds that immediate serious danger to the public health, safety, or welfare requires emergency suspension, restriction, or limitation of a license, the building official or his/her designee may take such action by any procedure that is fair under the circumstances.

(a)

The building official or his/her designee may order the cessation (hold) of the issuance future permits to a contractor who is under investigation for violation(s) of this code and has either failed or is unable to cooperate with an ongoing investigation which involves violations that could lead to a threat to the health, safety and welfare of the public welfare.

1.

Notice must be provided to the subject contractor as to the subject action,

2.

Such an order is only valid for a maximum period of thirty (30) days. If after thirty (30) days from the issuance of an order the contractor has not cooperated with an investigation, such failure shall be deemed a violation of this code and subject to the penalties established and set forth in this code and adopted board rules.

(b)

A field investigator, building official or his/her designee may initiate an emergency proceeding before either the board or a special master for purpose of obtaining a summary order instituting emergency action that either suspends, restricts or limits a certificate.

Upon conclusion of such a proceeding; the board or special master shall enter a summary order stating the facts and reasons for finding an immediate danger to the public health, safety, or welfare and its reasons for concluding that the procedure used is fair under the circumstances.

(6)

(a)

Upon a determination by the building official or his/her designee that a licensee, certificate holder, or registrant licensed under chapter 455, chapter 471, chapter 481, chapter 489 or this code has committed a material violation of the Florida Building Code and failed to correct the violation within a reasonable time, a fine shall be imposed of no less than five hundred dollars ($500.00) and no more than five thousand dollars ($5,000.00) per material violation as provided by law and established and approved fee schedule.

(b)

If the licensee, certificate holder, or registrant disputes the violation within thirty (30) days following notification by the principal office, the fine is abated and the principal office shall report the dispute to the Department of Business and Professional Regulation (DBPR) or the appropriate professional licensing board for disciplinary investigation and final disposition. Any fine imposed by DBPR or the professional licensing board, pursuant to matters reported by the principal office shall be divided equally with between the DBPR or the appropriate professional licensing board and the principal office.

(c)

For purposes of this section, a material code violation is a violation that exists within a completed building, structure, or facility which may reasonably result, or has resulted, in physical harm to a person or significant damage to the performance of a building or its systems. Except when the fine is abated as provided in paragraph (b), failure to pay the fine within thirty (30) days shall result in a suspension of the licensee's, certificate holder's, or registrant's ability to obtain permits within this state until such time as the fine is paid. Such suspension shall be reflected on the automated information system under § 455.2286. (Specific Authority § 553.781.)

(Ord. No. 2001-21, § 1, 12-18-01)