(A) Definitions. The following terms shall have their respective meanings to them:
"CONTRACTOR." Person, company, firm, or corporation that contracts to perform work in the City of Burkburnett, Texas, including new or modification of existing construction, or any portion thereof, either residential or commercial, private or public, which shall include all recognized disciplines of the construction industry and shall abide by those definitions, regulations, and guidelines adopted by the City of Burkburnett, Texas, and those amendments thereof.
"IMPROVE." To:
(a) Build, construct, effect, erect, alter, repair, or demolish any improvement on, connected with, or beneath the surface of real property;
(b) Excavate, clear, grade, fill, or landscape real property;
(c) Construct a driveway or roadway;
(d) Furnish any material, including trees or shrubbery, for the purpose of taking any action described by divisions (a) through (c) of this definition;
(e) Perform any labor on or in connection with an improvement.
"IMPROVEMENT." Includes all or any part of:
(a) A building, structure, erection, alteration, demolition, or excavation on, connected with, or beneath the surface of real property; and
(b) The act of clearing, grading, filling, or landscaping real property, including constructing a driveway or roadway or furnishing trees or shrubbery.
"OWNER." A person or entity, other than a governmental entity, with an interest in real property that is improved, for whom an improvement is made, and who ordered the improvement to be made. An "OWNER" is also any homeowner, tenant or any other person who orders, contracts for, or purchases the home improvement services of a contractor, or the person entitled to the performance of the work of a contractor.
"REAL PROPERTY." Lands, leaseholds, tenements, hereditaments, and improvements placed on the real property.
"REGISTERED BUSINESS OFFICE." A place equipped with a telephone designated by a licensee as the address to which all correspondence and notices shall be sent.
"REGISTRANT." A person authorized to engage in the home improvement business or the sale of home improvement services under the provisions of this section.
"SALESPERSON." Any natural person, not otherwise a licensee, who:
(a) Negotiates or offers to negotiate a home improvement contract with an owner; or
(b) Solicits or otherwise endeavors to procure by any means whatsoever, directly or indirectly, a home improvement contract from an owner.
"SUBCONTRACTOR." A person who contracts to furnish labor or material to, or has performed labor or supplied materials for, a contractor or another subcontractor in connection with a contract to improve real property.
(B) Powers and duties of City Manager and/or Designee. In addition to the powers and duties elsewhere prescribed in this section, the Department of Community Development shall have the power and duty to keep all records of registrations applied for, issued, refused, and canceled. Such records shall be open to the public for inspection during regular business hours. The City Manager and/or his or her designee shall further have the power and duty to recommend for adoption, amendment, or repeal to the Board of Commissioners such rules and regulations not inconsistent with the provisions of this section as may be necessary for the proper administration and enforcement hereof.
(C) (1) Contractor registration. It shall be unlawful for any person to maintain, own, or operate a commercial or residential contracting business, or act as a salesperson unless registration with the city is first obtained as provided herein.
(2) Requirements. No building permit or excavation of land shall be issued to a contractor (as defined herein) or person for work to be performed unless such building contractor or person is registered with the City of Burkburnett Department of Community Development in accordance with the following provisions:
(a) Application. Licensing as a contractor shall be made upon forms provided by the Department of Community Development, and the applicant shall submit all information requested.
(b) Fee. The annual registration fee is established in the Code of Ordinances Chapter 156
: Land Usage Fee Schedule. No registration fee is required for trade types that are regulated by Texas Department of Licensing and Regulation.
(c) Contractor registration renewal. Registration renewal is required annually to obtain a building, or trade permit or to continue to work on properties with valid permits.
(d) Trade types. For building permitting purposes, the city shall recognize the following five trades:
1. Mechanical.
2. Plumbing.
3. Electrical.
4. Water treatment/irrigation specialist.
5. Electrical sign contractor.
(e) Registration requirements. Contractors performing work within the city that requires a building permit shall register with the city before the building permit issuance by the requirements identified in the following table (X indicates information/document required).
1. Completed application with the applicable fee.
2. Criminal history. A copy of a complete criminal history search provided by the Texas Department of Public Safety or the state in which the applicant's driver's license was issued every two years. Criminal history search results cannot be more than one month old from the date of contractor application submittal. A criminal history search is required for each applicant, partner, or corporate officer for the contracting business.
3. Certificate of insurance with the city named as the certificate holder and a minimum of $300,000 general liability for claims for property damage, or bodily injury regardless of whether the claim arises from negligence or on a contract claim, or a higher amount if required by the state for that contractor type. The insurance shall run concurrently with the term of registration.
4. Plumbers can provide either a certificate of insurance or a surety bond.
5. Liability release using the city's release form.
6. Contractor registration is valid for one year and can be renewed annually.
REGISTRATION DOCUMENT REQUIREMENTS | ||||||||
Home improvement contractor | General contractor | Limited general contractor | Mechanical contractor | Plumbing contractor | Electrical contractor | Water treatment /irrigation specialist | Electrical sign contractor | |
Application | X | X | X | X | X | X | X | X |
Government issued ID | X | X | X | X | X | X | X | X |
Texas state license (non-TCEQ) | X | X | X | X | ||||
TCEQ License | X | |||||||
Criminal history | X | X | X | |||||
Certificate of insurance | X | X | X | X | X | X | X | X |
Affidavit of employees | X | X | X | X | X | X | X | X |
(f) Revocation or denial of contractors license. Licenses may be revoked or rejected by the City Manager or his or her designee for the following reasons:
1. Failure to obtain and keep in effect the required bond or insurance.
2. Failure to fully complete the license form.
3. Failure to maintain a physical office address and telephone in existence.
4. Failure to obtain a valid permit before commencing work.
5. Failure to pay any required fees.
6. Refusal to correct any code violation after notice; or
7. Failure to obtain a permit before commencement of any work required to be permitted.
8. Continuous or repeated violation of this code.
9. Conviction of registrant or any proprietor, partner, or corporate officer thereof of a felony or misdemeanor involving moral turpitude or violence.
10. Failure to keep a valid bond or insurance in force will terminate a license and invalidate active permits. Should the bond or insurance expire, all fees and required forms must be submitted and fees paid for the contractor license renewal and permit re-issuance.
(g) Homestead exemptions for work by homeowner of owner residence. No license is required for a permit for a residential structure that will be issued to the homeowner who occupies the property as his or her permanent residence or is constructing a new permanent residence and acts as the general contractor for the work performed. This provision can only be used once every two years (except if the permit is issued for the same address). Any subcontractor who performs work on the subject residence must meet all city and state licensing requirements.
(h) Issuance of permits.
1. No permit shall be issued for commercial construction unless the applicant is licensed or is otherwise exempt under this section.
2. No commercial construction work requiring a building permit shall be performed by any building contractor, owner, or any person without having first obtained a building permit from the city. When any contractor, owner, or any person fails to obtain a permit for a job before commencing work on such job, such person is subject to a fine and/or revocation of their city contractors registration.
(i) 1. Maintenance work. An owner or maintenance worker as defined in this section shall be exempt from licensing requirements of this section if the work to be performed is listed below in this division. The work may be required to be permitted.
2. Electrical maintenance work. Includes repairing, maintaining, and replacing existing electrical apparatus, lighting fixtures, plugs and switches. Electrical maintenance work does not include changing of electrical service and the installation of new breaker panels or wiring. Anyone who erects, builds or installs electrical (work) not already in existence may not be classified as an electrical maintenance worker. Such a maintenance person shall not engage in electrical work with the public.
(D) Eligibility for building permit. Persons eligible to apply for and receive approved building permits for new construction, repairs, or renovations are only those who qualify under one or more of the following criteria:
(1) The subject is a qualifying homestead property and certifies that the structure to be built or on which the repairs or renovations are to be performed is the single-family residential structure in which he or she personally resides.
(2) A contractor who is properly licensed and insured according to the minimum requirements of this chapter can do construction work as a "CONTRACTOR" within the city.
(Ord. 1052, passed 12-18-23)