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' ORDINANCE NO. 648
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-SAN ORDI ANCC DEFINING
REGULATING
AND
CLASSIFYING
,
GENERAL CONTRACTORS WITHIN THE CH Y OF CLEARWATER
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FLORIDA; PROVIDING FOR TIIE EXAMINATION AND LICENS NG
OF SUCH CONTRACTORS AND FOR THE SUSPENSION, REVOCA-
TION AND RENEWAL OF THEIR LICENSES; CREATING A BOARD
OF EXAMINERS WITH SPECIFIED DUTIES AND POWERS TO
ADMIN13TER THIS ORDINANCE, ADOPTING THE SOUTHERN
STANDARD BUILDING CODE AS THE CITY BUILDING CODE;.
EMPOWERING THE CI'T'Y ENGINEER TO PROMULGATE CON-
STRUCTION, RUI,E i AI?D REGULATIONS; PROVIDING FOR A
IyTTIIOD OF APPEAL; PROVIDING PENALTIES FOR THE VIOLA-
TION HEREOF; PROVIDING FOR THE SEVERABILITY OF THE
PROVISIONS HEREOF; REPEALING CONFLICTING ORDINANCES
TO THE EXTENT OF THEIR CORILICT; AND PROVIDING THE
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY CObZIISSION OF THE CITY OF CLEARWATER,
FLORIDA:
DEFINITIONS
SECTION 1. Every person, firm Ico-partnership, corporation, associa-
tion, or any combination thereof; (a) engaged in the business of
acceptinf* orders or contracts, on cost-plus, fixed--fee, stated-sum,
percentage, or any combination thereof, or other compensation other
than wages; (b) doing work on or in cement, wood, structural steel
or iron, sheet iron, metallic piping, tin, lead, or any other build-
ing material? (c) excavating for foundation•or any other purpose;
or (d) engaging in-the business of building, remodeling or repairing,
whether by contract, cost-plus, fixed-fee, stated--sum, percentage,
or any combination thereof, or any other compensation other than
wages,.shall be deemed to be a General Contractor within the mean-
ing of this Ordinance.
SECTION 2. No person, persons, or corporation shall engage in
business as a General Contractor, as herein defined, in the City of
Clearwater, Florida, without procuring and maintaining at all times
a proper license under-the provisions of this Ordinance. The holder
of a Class "A" license, as hereinafter defined, may perform work as
defined under that classification and also under the classifications
provided for Class "B" and Class 11011 herein. The holder of a Class
I'D" license may perform work as defined under that classification
and also under the classification for Class "C". The holder of a
Class "C" license may perform-only such work as is defined under
that classification; provided, however, that said classification
shall apply to the specific type of work to be done rather than to the
type of building in which it is done, so that the holder of a Class
11011 license may perform repairs consistent with such classification
within or upon a building included in a higher classification so
long as the work to'be performed does not in any mannor'affect the
foundation or any portion of the super-structure or load-bearing
portions of the building,
BOARD OF EXAMINERS
1f SECT?1.0hs I. A Board of Examiners is hereby created, with the duties
and powers hereinafter enumerated. The Board, consisting of five
(5) members who have been residents of the City of Clearwater for
at least two (2) years, shall be appointed by the City Manager. The
1 Board shall consist of the City Building Inspector, two General Con-
tractors holding; a Class "A11 license, a Sub-Contractor doing business.
'din Clearwater, and either a Registered Engineer or a Registered
Architect. With the exception of the Building Inspector, the-initial
members shall be appointed for one, two, three and four years, re-
spectively, and thereafter each appointee shall serve a four-'year
term, The term of any member shall always expire on the first Monday
in February of each'year and each shall hold office until his sue-
'cessor has.been appointed and qualified; any member may be''removed
.from 'office,by the City Manager who shall fill all vacancies on the
Board by appointment as set out above.
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Each member of the Board shall, before
SECTIODI entering upon
.
the discharge of his duties, prepare and rile with the City Clerk
an oath in- writing to perform properly his duties as a member of
and to uphold the laws of the City of
said Board Clearwater, the
,
Constitution and Laws of the State of Florida, and the Constitution
and Laws of the United States of America.
SECTION ?. The Board of Examiners shall have powe r to promulgate
rules and regulations-governing its operation and to elect a Chair-
tr
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man and Vice-Chairman, each to serve one (1) year; the City Building
Inspector'ohall serve as Secretary-Treasurer, The Board shall meet
quarterly, on the first Tuesday each of January, April, July and
October for the purpose of giving examinations and transacting
such ogler business as may be pending. If five (5) or more quali-
'ied applicants wish an examination, a special meeting; may be
called by the Chairman for the purpose of such examination. The
Board shall also meet at such other times as It may deem necessary
or as it may be required so to do by the City Manager or the City
Commission. Three members shall constitute a quorum for any meet-
irg. The rules and regulations provided for above shall be subject
to approval by the City PZanager.
SECTION b. The Secretary-Treasurer shall keep a record of all pro-
needings of the Board and all records pertaining to the applications
and examinations of prospective licensees, He shall receive all
monies for the Board and shall prepare a roster of all licensed
0eneral Contractors after any meeting of the Board. The current
roster shall be kept on file at all times in the Secretary-Treasurerts
office and a copy thereof shall be on file at the office of the City
Clerk. All books and records of the Board shall be prima facie
evidence of the matters contained therein.
LICENSES EXAMINATIONS FOR ETC.
SECTION 7, (a) General Contractor4s licenses shall be issued for
the fo owing classifications:
CLASS A: Type I -Fireproof
Type II -Fire-resistive
CLASS B: Type III Heavy Timber
Type IV -Non-Combustible Frame
Type V -Ordinary
CLASS C: Type V -Ordinary (1 and 2
story only.)
Type VI -Wood Frame
The types of construction referred to above are as defined in the
City Building Code.
(b) All applicants for license under any of said
classifications shall apply to the Board of Examiners by executing
and filing at the Office of the City Building Inspector an appli-
cation blank and by depositing with the Building Inspector an exami-
nation fee of ;10.00. The application blank shall contain informa-
tion under-oatti as to the name, qualifications, financial and business
ri?ferences, place of business and residence of applicant, together
with a summary of the action taken thereon by the Board.
(c) Any person applying to take an examination for
a firm, co-partnership, corporation, or otherwise than as an indivi-
dual in his own right and name, shall be an active member or a
legally authorized agent of such organization and shall submit
evidence of such association and authority, provided, however, that
if such applicant on behalf of another shall pass the examination
and at any time thereafter sever connections with the firm in whose
name the license was issued, it shall be the duty of both such-
applicant and the licensee to give immediate written notice thereof
to the Board of Examiners and surrender said license for cancella-
tion. The contractor to whom such license was issued may, at the
time of surrendering said license, delegate some other member or
other authorized agent to qualify for examination for such contractor
wzthoiit the payment of any additional examination fee or occupational
license tax for the remainder of the license year.
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(d) Tha Bonrd shall carefully investigate the information
riven on the npplicat:ion bl ank and if satisfied with the npplioantts
a i*oneral
qualifications and such
financial and business references i
.
nnplicant shall. be given an ,
exnminnt:ion for the classification speci-
find bused on Peneral knowledf*e of construction work and familiarity
wi.tlr?tha City Building Code. If the Board shall find that the appli-
cant has not oubmitted satisfactory evidence of his qualifications
l a, -4 references as a foreq'aid, the applicant shall be notified thereof'
i n wrihin a ri } al l b' iv n T t} t it ? t b i t • t• i
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factory evidence thereof. In the event that the'Board shlnll find
that the applicant is unable to submit s.'..itisfactory evidence of his
general qunliricntions and references as aforesaid, the applicant
shall be so advised in writing, and he shall have the right to
appeal from the faction of the Board is provided in Section 16.
(e) The City Manager shall have authority to establish
reasonable standards for, and shall have general control over, the
type of examinations to be ;liven all applicants.
(f) In the event applicant passes said examination
satisfactorily, the Board shall issue to him fa certificate entitling
him. to the issuance of a license in the name designated on his appli-
cation, upon payment of the required Occupational License Tax.
(g) Any ;applicant, failing to piss the examination
satisfactorily, may be re-examined without additional examination
fee within one year.
(h) All certificates or licenses issued under the pro-
visions of this Ordinance shall expire on the 30th day of September
of each year. Any certificate holder may renew his or her certi-
ficate at any time after the expiration date thereof without any
further or additional examination, any other or previous ordinances
of the City of Clearwater to the contrary notwithstanding, by paying
a renewal fee of 10.00, provided, however, the Board of Examiners
may, in its discretion, require an applicant for £a renewal certifi-
cate to complete an application blank therefor, which shall contain
information under oath as to the name, qualifications, financial
and business references, place of business and residence of appli
Grant, and mray consider the information therein contained in deter-
mining whether a renewal certificate shall be issued.
(i) Licenses may be transferred, subject to the exami-
nation provisions :et out above, when there is a bona fide sale and
transfer of the property used and employed in the business as stock
in trade, provided such transfer shall be made within ten (10) days
after said sale takes p1nce.
(j) Any change of name under which a license has been
issued shall be approved by the Bonrd of Examiners.
(k) A copy of zany license certificate lost, destroyed,
or mutilated shral.l be issued by the Bonrd.
SUSPENSION, AND RELOCATION OF LICENSES •
SECTION 8. (a) The Board of Examiners shall acct on all charges filed
apninst any Contractor licensed hereunder on the ground that such
Contractor has been guilty of any one or more of the following:
I. Fraud or deceit in obtaining license.
II. W llful,'deliberate or negligent disregard or viola-
tion of the Chty uildi.ng Code, any City Ordinance, the regailations
the State, otel Commission, or the rules of the City Engineer
i.-onnl.gated hbreunder.
III. Conviction of any crime or offense arising out of or
relating to the condii.ct of the business or occupation of contracting.
IV. The filing of n petition in voluntary bankruptcy by
any contrictor.holding a license under this Ordinance shall auto-
matically serve to revoke his license.
V.
,justification.
Ord.464f
17 7-4 -
Abandonment'of ,.any contract without legal excuse or'
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Plumbing; or Electrical Inspectors
(b) The Building
,
of the City of Clearwater shall prefer charges against any licensee
under this Ordinance, charging any of above acts or omissions; or
the Architect or Engineer responsible for the plans under which the '
Contractor is working, or any person directly interested, may prefer
es shall be in writing, sworn to by com-
such charges. Such char
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pl-iinant, and submitted to the Board. The Beard shall then, not
later than thirty (30) days rafter the filing, of said charges, invosti-
gate the charges, and make findings and recommendations thereon. A
copy of the charges, together with notice of the time and place of
hearing, shall be legally served on the accused at least five (?)
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1, •:}`?_T:.?;?'rxkl1`3.?;? ;.''?r' ?"??,:'•:.,i
days before the date fixed fort C scar n?;. f? a car
accused shall have the right to appear personally and by counsel
and-to cross-examine witnesses and inspect evidence produced-against
him, and shall be entitled to present evidence, oral or documentary,
in defense.
(c) The-Board shall, after considering the charges,
evidence and arguments, make definite findings and recommendations
to the City Commission either sustaining the charges or finding the
accused not guilty as charged. In the event that the charges shall.
be sustained, the Board shall recommend to the City Commission the
revocation or suspension of tho accused's license. The. Board may
at any time recommend the reinstatement, of such license or the
issuance of a new license upon affirmative vote of three (3) or more
of the members, setting forth the reasons for such recommendation,.
'(d) The charges and proceedings of the Board, to-
rpther with its findings and recommendations, shall be filed with
the City Clerk and the City Commission shall act thereon by approving
or disapproving the proceedings of the Board and, in the event of
the sustaining of the charges, by directing the City Clerk to sus-
pend or revoke the license or take such other action as may be
determined. The City Commission shall also act on any recommenda-•
tions for reinstatement or re--issuance of licenses as recommended
by the Board.
SECTION 9. The issuance of a license under this Ordinance shall be
.c.vidcnee that the licensee is entitled to all the rights and privi-
loges of a General Contractor in the diviaton or class for which
the license was issued and during such time as said license remains
in' .full force and effect.
SECTION 10. (.a) As to examination only, this Ordinance shall not
`. ?.."
a Fly:
I. To an authorized representative: or representatives
of the United States of America, the State of Florida, County of
Pinellas or municipality doing; work or construction in their
official capacity.
II. To all holders of certificates heretofore issued
in the same class which certificates shall remain effective subject
to renewal, suspension, revocation and reinstatement as herein
provided for certificates issued hereunder, Present holders of
Class "A".. 1113" or "C" licenses shall be entitled to the same class
of license under this Ordinance.
III. To owners or their duly authorized agents or
Lessees, building structures or making repairs thereon in compliance
with Section 11 of this Ordinance.
•(b) This ordinance shall not apply to painting,
paper-hanging, • electrical, plumbing, plastering, roofing and sheet
metal, masonry, structural steel, ornamental tile, floor sanding,
excavating, pile driving, dredging, house moving and wrecking, well
drilling or other duly licensed Contractors of similar nature who
normally act as Sub-contractors and who act exclusively in thoir re-
spective lines.
L1
4 S;'CTION 11. (a) Before the performance of any work or construction
= where the cost of said work or construction exceeds k100.00, or
where foundati on or superstructure are involved regardless of cost,
a permit.shall be procured from the Director of Building. Any permit
so issued must be displayed on the site of the construction for which
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it was issued, in a position where: it mfty be seen from the nearest
thorourlifare. .
(b) Permits shall be issued by tho Dircctor of ?
` Building only to a General Cnnt,-actor clttly l.iec:nned under the pro--
:f. , .' :: :;:
c• r ? of the premises
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visions of this Ordinance or tr.; the bona fir?s: w
an which the work or conatruc.t'i'?;a is t(o be drtze, ar to his duly
nuthorizad agent or le:tsc:r. s',c:f.-re any perm issued the person
rh'•tking application therefor : ilnl ;. first m ;,tc and T 11c an affidavit
with the Virc:ctor of }3tr1ldin[* that said work nr rvnr,Cructian for
which the pr:rmit is saupht; 9n t'. }:e done per:tonrt'll;r, by the payment
of wagon, or by a Contractor or Contrztctr,. s hold:*.ng a valid license
in the City of Clearwater for the prn;,cr c;lvi:.i fication of building
proposed to he done
or Sub.-contractors only. and that said work-or
,
construction is not to he done on contract, cost-plus, fixed-fee,
stated-sum, percentage or any combination thereof, unless such
contract or ragroement is with a licensed General Contractor, or a
licensed Sub-contractor or Sub-contractors,
• (c) t:o rcrrr:tt shn? l be a_: sues- to an owner, lessee
.. ,,. or his agent, as t rov,.aadn Scction 31 (h) above. for construction
of the type regu:i:: i'a_r, a C1, -,s "A,, or Class 11I31' Contractor's license
t •.' ,;i '.. unless such cons-l.ruc'tion by the otmer. his Lessee
or agent is to
,
be performed undur the supervision of an architect or engineer
registered in the State of Flc-rida who has lop-illy accepted re-•
snonsibility' for the same, or unlcss such owner, lessee, or is
•t;ent has first passed the regular examination fora contractorts
?'.. :.'•t- °; :,'';'•, license for the class of construction in question.
(d) Rio-permit shall be issued to do any new con"
atruction, alteration, or repair work on any building included in
t' : =. y. •':;;::. ' ,°r" all Classes as defined in this Ordinance whoa the foundation or
superstructure of a building is to be invcived in such construction
unless two-copies of detailed plans and specifications of the work
? to be done, together with n certified Rlut plan, have been submitted
,. '•.:i?'?:.'`' to and
approved by the City Building inspector, said approved plans
- • ' ;`;: _ . , ;.};-g', Yf '-end specifications to be kept by Contractor or Owner on job site.
SECTION 12. All application fees and renewal license fees collected
'
` in administering this Ordinance shall be paid into the general
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:' Funds of the City. The riccessary and proper operating expenses of
the Hoard of• Examiners for General Contractors, as approved by the
City Manager, shall be paid by the City.
THE CITY BUILDING CODE
•
" SECTION 13. The "Southern Standard Building Code" is hereby adopted
I . it ? ' ,
and incorporated by reference, and is hereby designated as the City
Building Code with the exception of Chapter yKI22 thereof, and with
the further exception of all provisions and portions thereof which
are in conflict with this Ordinance and other ordinances of the
City of Clearwater. All subsequent amendments and revisions of
the said Code arc hereby adopted and incorporated by reference with
the exception of amendments or revisions to the foregoing chapter
thereof, and with the exception of provisions and portions of said
rynendments or revisions in conflict with this Ordinance and other
ordinances of, the City of Clearwaater.
SECTION 14. The City Engineer of the City of Clearwater, Florida is
hereby authorized to promulgate rules and regulations not in conf? ict
heruvrith for the purposes of providing for standards
plans
speei-
:. ti;; ,
,
fications; practical resolving of conflicting provisions and pro-
viding for the -amplification and supplementation of the provisions
hc;reof. The rules and regulations promulgated hereunder b the City
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Engin&er shall have the same force and effect and shall be enforced
the same as the provisions hereof.
iFa x, 51 :']?r'f;4 y*?rN ?:F F'' f' f`?•+=N:'•f?o SECTION 15. In the event that the provisions hereof are not adequate
to ? •, ?.??}?; :tom; Tt:b,?., completely prescribe the manner of construction-or the design or
??4>.'.,r:?},fo .?w:t=r construction procedure of any structure whatsoever, the said structure
design or- procedure shall be made or accomplished according to speci-
y','.... ae!
fie rules, regulations, plans or specifications therefor, set out by
3.?' , ?z„.,=4lL ti the City Engineer under the authority conveyed upon him under Section
14 of tis Ordinance.
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SECTION 16 . Any person who may feel aggrieved by reason of any
d i i ti der or jud ment of the noard of Examiners o r '
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I• 1 ?i"'•'i;Ft`ri ?? `!jj't_ '•"fir ;':•f?
ji
11 `, l:: s??I:Yr.??S':.:1:•'.C '.if?fl "..-. :fp'r(! •..
ec 0 on, ac on, or , C
City Manager may appeal to the City Commission of the City of Clear-
water, Florida. All such appeals shall be in writing and must be
taken within ten (10) days after the making or entry of the decision,
action, order or ,judgment complained of and filed with the City
ark. Such appeals shall set forth the grounds of the
Auditor and Hark.'
appeal and must be signed by such aggrieved person or his duly
authorized agent.
SECTION 3.7. Any person or persons and the member of any firm, co-
partnership, corporation, association or other organization or any
combination thereof, presenting or attempting to file-or use the
license of another or who shall give false or forged evidence of
any kind to the Board, or to any member thereof, in obtaining or
maintaining a license, or who shall falsely impersonate another or
who shall use an expired, suspended or revoked license, or who shall
violate any one or more of the provisions of any section of this
Ordinance shall, upon conviction, be punished by a fine not ex-
ceeding .$500.00 or by imprisonment for a period not exceeding sixty
(60) days, or by both such fine and imprisonment, in the discretion
of the Municipal Judge, for each offense. Each day a violation of
any provision of this ordinance shall continue, shall constitute
a separate offense.
SECTION 1$. If any section, sub-section, sentence, clause or phrase.
oft this Ordinance is for any reason held to be unconstitutional or
invalid, such decision shall not affect the validity of the re-
maining portions of this Ordinance.
SECTION 19. All Ordinances or parts of Ordinances in conflict
heFe-viire hereby repealed to the extent of such conflict.
SECTION 20. This Ordinance shall take effect immediately upon its
passage.
PASSED ON FIRST READING December 7, 1953
PASSED ON SECOND READING,
.AS AMENDED April 5, 1954
PASSED ON THIRD AND FINAL
READING, AS AMENDED June 7, 1954
Attest:
F IV r and Clerk
PUBLISHED: /roof of P,,blication
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Pub)lshcd Dally
Clearwater, Pinellas County, Florida
STATE OF FLOMDA
CCUNTY OF PINELLASt
Before the undersigned authority personally appeared W. S. Zschach, who
on oath says that he Is the Goneral Manager of the Clearwater Sun, a daily newspaper
publIbbod at Cloarwater In Pinellas Count. Florida; that the attached copy of
advertisement, being a „Aytice of FassagO OF Ordinance
In the Spatter of
.Defining, voZulatins,.,ai? .cia ss ifyinG ge.ner.al.......
contra-ci,GZ ..etc.
.. ... ...................................................
C??:ItllfXXX'?X.'CX:C7?`C3+:CSC.3:7?X?C,."•?C?C?'.?C?:%iXo was published In
sold newspaper In the issues of `duly . ??;.1954-
.....
Afflant further says that the said Clearwater Sun Is a newspaper published at
CleaTwater, In said Pinellas County, Florida, and that the said newspaper has heretofore
been continuously published in sold Pinellas County, Florida, each day and has been
entered as second cuss mail matter at the post office In Clearwater, in said Pinellas
County, Florida, for a period of one year next preceding the first publication of the
attached copy of advertisement; and afflant further says that he has neither paid
nor promised any parson, Ilan or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for publicat n In tho s niSwsyap
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Sworn to d su bed fore
me tbfs of ... 4u?y. IL D. 195A.
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The Clearwater Sun
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O¢UrNANCJ; -Vr 1
OR13INANCE NO: 848 ; .• ' ' '
T
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AND CLASSIFYING GEN-
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ORAL COkTRACTO118 WITIIIN' II
A
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;CITY OV CLEARNVATPR, FLORIDA;'
'PROVIDING FOR TIM EXAUINA--
TION AND LICENSING' OF SUCH.
CONTRACTORS'AND FOR TI E JIUa-.
PP
HION REV
10
-
OCATION
RE-
NEWAL, F TREIR LICENSES; CRE-
,
ATING A HOARD'Gr EXAMINERS
WITH SPF.'CIFIE+'D DUTIES- AND
POWERS TO ADMINISTElt THIS
ORDINANCE; ADOPTING TIIV BOIJ- ;
%
THERN STANDARD BUILDING'
CODE AS THE CITY BUILDING
CODE; EMPOWERING THE CITY'
ENGINEER TO PROMULGATE•CON-
STAUCTION RULES AND REGULA.
TIONS; PROVIDING FOR A H-ETI[-
OD OF APPEAL; PROVIDING pEN.
'ALTIEB FOR THr3 VIOLATION - - -
. IIEREOr., PROVIDINO FOR 'THE
SEVERABILITY OF THE PROVIS-. "
IONS ITEREOF 'REPEALINO•'CON.
FLICTINQ- ORD
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INANCES TO
THE EXTENT OF THKIR CONrI-LICP-
AND PROVIDING THE EFFZCTIVJh
;
DATA IIERF„OF. '
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