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Avon Lake, OH Code of Ordinances
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§ 1438.08 CERTIFICATE OF INSURANCE AND BOND.
   (a)   In order to be registered with the city, every contractor must maintain the following insurance:
      (1)   Commercial general liability insurance on an occurrence basis in a combined single limit of not less than $500,000 per occurrence;
      (2)   If the contractor has employees, employer’s liability insurance with a limit of not less than $500,000 per occurrence;
      (3)   Automobile liability insurance with a limit of not less than $500,000 per occurrence;
      (4)   If the contractor will perform work in the public right-of-way, an umbrella liability insurance policy with a limit of not less than $1,000,000; and
      (5)   Workers compensation insurance in the amount required by law.
   (b)   Every policy of insurance required by divisions (a)(1) through (a)(4) of this section shall be issued by a solvent insurance carrier licensed to engage in the business of insurance in Ohio and shall designate the city as an additional insured. The commercial general liability insurance policy must contain a provision that the policy may not be cancelled, terminated or materially changed except upon at least 30 days prior written notice to the city.
   (c)   Every application for a certificate of registration and qualification shall be accompanied by certificates evidencing that the insurance policies required by divisions (a) and (b) of this section are in effect.
   (d)   Every application for a certificate of registration and qualification shall be accompanied by a contractor’s bond in the amount of $15,000 on the city’s approved form and executed by the applicant and a solvent surety company licensed to engage in the business of insurance in Ohio.
(Prior Code, § 1438.09) (Ord. 50-2018, passed 4-9-2018)
§ 1438.09 REGISTRATION REQUIREMENT.
   (a)   No person, corporation, partnership, firm or other business association shall, acting in the capacity of a contractor, engage in heating, ventilating and/or air conditioning work, hydronics work, electrical work or plumbing work, without first registering for each trade with the Chief Building Official.
   (b)   CONTRACTOR, for the purpose of this section, means any person, corporation, partnership, firm or other business association who performs any work specified above for consideration evidenced by an oral or written agreement. “Contractor,” for purposes of this section, shall also mean any person, firm, corporation or other business association which negotiates a contract either written or oral for any work specified above, but does not perform physical labor to complete the work as set forth in the contract.
(Prior Code, § 1438.10) (Ord. 147-2013, passed 11-25-2013)
§ 1438.10 REGISTRATION BY CHIEF BUILDING OFFICIAL.
   (a)   The Chief Building Official shall maintain a list of registered contractors by trade. The Chief Building Official shall record the name of any contractor, being an individual or a business entity, on the list of registered contractors upon providing the Chief Building Official with the following:
      (1)   A valid and unexpired Ohio Construction Industry Licensing Board (OCILB) license issued for the year and the trade for which registration is sought, pursuant to R.C. Chapter 4740. This license requirement applies to all residential and commercial work constructed by residential and commercial contractors covered by the current versions of the Ohio Building Code and the Residential Code of Ohio;
      (2)   Contractor’s liability insurance (see § 1438.08(a)(1));
      (3)   A completed “request for registration/renewal of registration” form as prescribed by the Chief Building Official;
      (4)   A contractors surety bond in the amount of $15,000 on the city’s approved form, executed by a solvent surety company licensed to engage in the business of insurance in Ohio, and the applicant, shall also accompany every application; and
      (5)   A fee of $100 for the registration.
      Where work for which registration is required is started prior to registration, the required registration fee shall be doubled.
   (b)   Upon adding the contractor’s name to the list of registered contractors, the Chief Building Official shall issue the registrant a certificate of registration as evidence of compliance with the above requirements.
   (c)   Said certificate of registration shall be valid for the calendar year in which issued and subject to renewal on January 1 of each year thereafter.
   (d)   Where an individual has assigned a state-issued license to a business entity pursuant to R.C. § 4740.07, the Chief Building Official shall issue the certificate of registration in both the name of the individual and the business entity. Any work conducted by a registered business entity or individual is deemed to be conducted under the personal supervision of the individual named in the certificate of registration and all violations of any terms of this Building Code are deemed to have been committed by the individual named in the certificate of registration.
   (e)   Contractors, both individuals and business entities, registered pursuant to this section shall warrant or be presumed to have warranted that all work to be performed and all materials to be supplied by contractor are in compliance with all applicable ordinances of the city unless the customer has actual knowledge of any deficiencies or noncompliance at the time the contract is entered into.
(Prior Code, § 1438.11) (Ord. 147-2013, passed 11-25-2013)
§ 1438.11 REVOCATION OF REGISTRATION.
   The Chief Building Official may revoke any registration or refuse renewal thereof issued under the provisions of this chapter for good cause shown. Good cause includes, but is not limited to, the following:
   (a)   Misrepresentation of a material fact by the applicant in obtaining the registration or renewal thereof;
   (b)   The use of the registration by the registrant in obtaining a permit for work to be performed by a contractor or builder other than the registrant;
   (c)   Violation of or noncompliance with any provision of any applicable code or ordinance of the city in the performance of any work done pursuant to a registration issued hereunder;
   (d)   Failure to abate a violation or noncompliance with any provision of any applicable code or ordinance of the city within the time specified in the written notice of such violation or noncompliance;
   (e)   Upon a determination by the Chief Building Official that the applicant or registrant has engaged in a course of conduct calculated to induce owners and/or tenants of property or their authorized agents, to enter into a contractual relationship for labor and/or materials through misrepresentation of labor costs or that the materials used complied with all applicable ordinances of the city in which such misrepresentation was made. For the purposes of this division (e), COURSE OF CONDUCT is defined as two or more separate instances of misrepresentation occurring during any 12-month period; and
   (f)   Revocation, suspension or expiration of a license issued pursuant to R.C. Chapter 4740.
(Prior Code, § 1438.12) (Ord. 147-2013, passed 11-25-2013)
§ 1438.12 NOTICE OF REVOCATION.
   In the event any registration issued under this chapter is revoked, the applicant shall be notified of the revocation in writing and such notice shall be sent by certified mail to the registrant at the address of the registrant as set forth in the application for registration. The registrant shall have ten days after receipt of such notice to appeal such revocation. Such appeal shall be perfected by filing a written notice of the appeal with the Public Safety Director. Thereupon, the registrant shall have not less than ten days’ notice of the date and place of the hearing. The appeal shall be heard by the Board of Building Code of Appeals, which Board shall have the power after such hearing to either affirm or overrule the decision of the Chief Building Official. The Board shall cause notice of its decision to be sent by certified mail to the registrant at the address of the registrant as set forth in the application within 30 days of the date of hearing.
(Prior Code, § 1438.13) (Ord. 147-2013, passed 11-25-2013)
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