6-13.01   Definitions.
   As used in this Subchapter:
   "Appurtenance" shall mean any accessory improvement to real estate associated with a structure, including but not limited to garages, barns, storage or work buildings, and in-ground swimming pools.
   "Dishonest or fraudulent conduct injurious to the welfare of the Public" shall mean, but is not limited to, the following:
      (1)   Acting in a manner that, because of a wrongful or fraudulent act by the applicant or registrant as a contractor, has resulted in injury or damage to another person; or,
      (2)   Failing to pay monies when due for materials or services rendered in connection with the applicant's or registrant’s operations as a contractor when the applicant or registrant has received sufficient funds as payment for the particular construction work project or operation for which the services or materials were rendered or purchased; or,
      (3)   Accepting payment in advance on a contract or agreement and failing to perform work or provide services required by the contract or agreement and failing to return the payment; or,
      (4)   Giving false, misleading or deceptive advertising whereby a reasonable person could be misled or injured; or,
      (5)   Submitting an application for registration that includes false or misleading information.
   “General Contractor” shall mean and include any person who performs or subcontracts with two or more distinct trades for the construction, remodeling, repair, or improvement of commercial, industrial and residential buildings, including accessory structures, or as a general building contractor, and any person engaged in the construction, alteration or repair of buildings or other structures, or sidewalk or street pavements.  Coverage includes, but is not limited to, general contractors, construction managers, home builders, remodelers and individuals applying for a building permit.  A homeowner building, remodeling, or applying for a permit on a project  for that person’s private residential use is not a general contractor unless that person secures building permits for more than one residential site in a twelve (12) month period.  A property owner applying for building permits for more than one site for that person’s private residential use in a twelve (12) month period or a property owner or lessee applying for a building permit on any other project other than the owner’s or lessee’s private residential use is a general contractor.
   “Person” shall mean any individual, firm, company, corporation, partnership, consortium, association, cooperation, joint venture, or other commercial or legal entity.
   "Registrant or applicant" shall mean the owner, individual partners (including joint ventures), or individual corporate officers who make application to register or subsequently operate the individual proprietorship, partnership (joint venture), corporation, limited liability company or other business entity.
   “Specialty Contractor” shall mean any person providing special skills and involving the use of specialized building trades or crafts and includes subcontractors and other specialties providing construction-related services. Specialty Contractor shall include electricians and plumbers.  Electricians and plumbers shall be required to obtain a license under this ordinance, but shall be regulated by existing city, county and state regulations and agencies.  Any electrician doing work in Bowling Green shall be governed by regulations established by the City of Bowling Green. However, any electrician doing work outside the corporate city limits of the City of Bowling Green shall be governed by regulations established by Warren County and the State of Kentucky.
   "Subcontractor" shall mean an entity who has a contract, either oral or written, with a contractor, but not with the owner of the structure to perform work subject to this Subchapter, and is responsible for a specific portion of the entire project.
   "Work as a Contractor" includes, but is not limited to:
      (1)   construction, alteration, repair, improvement, inspection, set-up, erection, moving or demolition of a structure or any other improvement to real estate;
      (2)   excavation, backfill, grading and trenching for the structure or its appurtenances, or to accomplish proper drainage;
      (3)   pest control;
      (4)   sandblasting, pressure washing or chemical treatment for new construction, remodeling, repair and improvement;
      (5)   labor only, regardless of whether compensated by the hour or by the job;
      (6)   improvement of lots as a developer with the intent of selling lots or structure(s), which may include contracting with a primary contractor to construct, alter or improve structures on land owned by the developer;
      (7)   preparation, detailing and/or cleaning of new structures prior to occupancy;
      (8)   scaffolding, shoring and other construction site specialty work; and,
      (9)   construction management.
   "Work as a contractor" does not include:
      (1)   sign painting, unless the total area of all signs is more than sixty (60) square feet;
      (2)   work performed by persons engaged in creating objects that exist exclusively for aesthetic reasons and have no other function, such as murals, sculptures, etc., if said work by such person does not incorporate electrical or plumbing;
      (3)   work performed by government agencies, as long as the work is performed by an employee of the government agency;
      (4)   work performed in setting, placing, removing or repairing grave markers or monuments in cemeteries;
      (5)   utility connections when the connection is owned by the utility; and,
      (6)   installation or repair of stand-alone industrial equipment.
(Ord. BG91-40, 9/3/91; Ord. BG2001-50, 11/20/2001; Ord. BG2006-25, 7/18/2006; Ord. BG2006-27, 8/15/2006; Ord. BG2014-3, 3/4/2014)