§ 8-81. Grandfathered certificates.

(a)

The board shall be responsible for prescribing grandfather provisions to persons engaging in a construction trade prior to the enactment of this code or applicable amendments regulating such trade. Such provisions shall include, but not be limited to, proof of engaging in business of the applicable trade for four (4) years. Persons issued certificates as authorized by this section shall have the same obligations, rights, and privileges as any other holder of a certificate and shall comply with all of the provisions of this code as any other person.

(b)

The board shall provide procedures for the issuance of certificates to persons that are actively in business prior to the enactment of amendments to this code if such amendments would otherwise limit or restrict the person and cause the person to be deemed unlicensed, including but not limited to the filing of an application for such certificate with the principal office.

(c)

Once a completed application for a grandfathered certificate has been submitted, department staff will review the application and prepare a recommendation. The board may authorize staff to grant administrative approval of applications for grandfathering and criteria therefor, under which the applicant may be required to appear before the board for a hearing prior to a final decision at a public meeting. At that meeting, the board shall consider any or all of the following criteria in evaluating the application:

(1)

The length of time the applicant has been licensed in the trade for which they are seeking a license and any relevant information relating to prior licensure.

(2)

The length of time the applicant has worked in the trade for which they are seeking a license.

(3)

The quantity of work the applicant has produced while in the trade, both as a license holder and as an assistant or apprentice.

(4)

Complaints registered against the applicant and their license. This includes all entities for which the applicant has acted as qualifier.

(5)

Any criminal charges brought against the applicant, including any business entity for which the applicant has acted as qualifier.

(6)

The application submitted to the county, and all accompanying data.

(7)

Recommendation of county staff based upon the review of the application and accompanying data.

(8)

Financial information developed during any background investigation of the applicant or through the applicant's testimony, including but not limited to credit data, outstanding indebtedness, evidence of financial responsibility, or any other information related to liabilities and assets of the applicant or any wholly owned business entity.

At the hearing, the board shall discuss the information provided and make inquiry of the applicant. It is the responsibility of the applicant to provide to the board all relevant documentation in support of their application. This shall be done at least one week in advance of the hearing. The board, in its discretion, may or may not consider any information or documentation submitted less than one week from the hearing, including documentation submitted at the hearing itself. The board shall weigh documentation and testimony or lack thereof, and may approve or deny issuance of a certificate based on competent and substantial evidence as to the best interests of the applicant and the contracting services consumers of the county. If the board determines that additional information, documentation, or continuing education credits generally or in a specific area, should be required, but that the applicant otherwise appears qualified for a certificate, the board may grant a conditional certificate for such time period as may be required for the applicant to provide such information or documentation and/or earn such continuing education credits. The board may provide in its decision to grant a conditional certificate that such certificate shall be deemed expired and of no further force and effect if the specified additional information, documentation or proof of continuing education credits is not provided by the end of the specified time period.

(Ord. No. 2001-21, § 1, 12-18-01; Ord. No. 2004-01, § 8, 1-6-04; Ord. No. 2005-17, § 3, 9-27-05)