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Commissioners,



Last year,  representatives of the International Brotherhood of Electrical Workers as well as local electrical contractors approached the Board with a proposal for the County to regulate the licensure of the individuals performing work on electrical permits in Alachua County.  County staff have researched the proposal as well as meeting with City of Gainesville staff and the supporters of this proposal.  While recognizing the importance of safety and professionalism in the electrical industry, Staff would not recommend implementing this approach to additional electrical permitting at this time.  This recommendation is primarily based on the lack of an established model for this type of regulation, the potential cost of such a program, and potential legal complications related to employment and contract law.



Permitting Standards and Function: It is important to recognize the County's current standards for ensuring consistency of all construction activity with the Florida Building Code and National Electrical Code.  When the County issues a building or electrical permit, we are issuing the permit to a contractor who is qualified through State licensure criteria.  Under current practices, any employee or subcontractor of the permittee may perform the work however, they are doing so under the supervision of the Contractor to whom the permit is issued.   The County then inspects the work based on the standards in the applicable Code.  Notably, County staff inspect the results of the work performed for compliance with the Code but do not directly supervise the work itself or the individuals performing the work.  Staff is not aware of a similar program elsewhere in the State of Florida of regulating the credentials of the employees working under licensed contractors.



Cost and Program Structure:  After discussions on how the proposed program might work, it seemed most likely that this would be a function of the County's Code Administration Office.  The County could not legally use building division fees to cover the costs of this program, as those fees are only to be used towards the enforcement of the building code.  Therefore, it would need to be funded by some other funding source.  At least one County FTE would have to be added to begin the program.  With a vehicle and additional employee costs, the total budget impact would be approximately $176,000 in the first year and $95,000 recurring annually.



Potential legal concerns related to employment and contract law:  Electrical Contractor licensure requirements and electrical permitting requirements are established in Florida Statutes and enforced and implemented by the Department of Business and Professional Regulation and the Legislature.   By implementing a program as proposed, the County would be stepping between employers, employees, and subcontractors who are currently legally permitted to perform electrical work under the supervision of a licensed contractor.  This could present possible legal concerns regarding contract and employment law.



In light of these considerations, staff do not recommend that the Commission implement further electrical journeyman regulations by the County at this time. As an alternative, Staff would propose a collaborative effort to promote safety and professionalism in the electrical industry by working closely with existing trade organizations, educational institutions, and local businesses to encourage voluntary certification and apprenticeship programs. This approach can achieve some of the desired objectives without incurring substantial expenses or facing potential legal issues.



If the Commission would like to explore this issue further Staff is available to assist.



-Jeff










[cid:AC_logo-150ppi_b0554e81-2d50-477d-8264-0219cbd8ac34.png]<http://www.alachuacounty.us/Pages/AlachuaCounty.aspx>     Jeffrey L. Hays, AICP
Growth Management Director
Growth Management
10 SW 2nd Avenue * Gainesville * FL * 32601
352-374-5249 (office)
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