13-8-140 License, registration or certification – Suspension or revocation.

   (a)   In addition to or concurrent with Section 4-4-280 of this Code, the Commissioner of Buildings may suspend or revoke the license, registration or certification issued to any person licensed or registered, or required to be licensed or registered under this Code, where the Commissioner has determined that the person:

      (1)   performed or directed work requiring the issuance of a permit pursuant to this Code without the issuance of such permit; or

      (2)   performed or directed work deviating from the drawings, plans or scope of work approved by the appropriate department issuing the permit in any work done under the authority of a permit issued pursuant to this Code where such deviation would require a prior written approval other than an in-field approval of the issuing department or such deviation would require the issuance of a new or revised permit; or

      (3)   performed or directed work in violation of a stop work order; or

      (4)   performed or directed work that results in the issuance of a stop work order by the City under section 13-12-080, 13-32-120, 13-32-130 or 17-16-0506 of this Code; or

      (5)   upon completion of work requiring a rough or final inspection or certification, failed to contact the department to schedule a required inspection or failed to submit a required certification; or

      (6)   upon completion of work requiring a certificate of occupancy, failed to contact the department to obtain a required certificate of occupancy; or

      (7)   utilized or directed any person of a building or construction trade or craft who is not licensed, certified or registered by the City to perform work that is required to be performed by a person licensed, certified or registered by the City; or

      (8)   when a permit requires the listing of the name or identification number of a person or entity licensed or registered, or required to be licensed, registered or certified by the City to perform the work, utilized or directed any person of a building or construction trade or craft to perform work other than the person whose name or identification number is listed on the permit; or

      (9)   listed or allowed the listing or use of one's license, certification or registration name or identification number on a permit application or a permit when that work is performed by another person; or

      (10)   made a false statement on a permit application or aided and abetted another in making a false statement on a permit application; or

      (11)   performed or directed work contrary to the Code or failed to perform work required by the Code and such action resulted in a substantial defect, error or deficiency requiring a reinspection or re-review by the department; or

      (12)   failed to correct any substantial defect, error or deficiency as directed by the department; or

      (13)   performed or directed work that poses an immediate or imminent threat to the health and safety of workers or the public; or

      (14)   has been indicted or charged under any State or federal law with the offense of bribery of a public official or fraud upon a public body or similar offense; or

      (15)   has unpaid fines and fees due and owing to the United States Department of Labor Occupational Safety and Health Administration for violations relating to workplace safety or unsafe work practices.

   (b)   The Commissioner shall have the power to suspend a license, registration or certification issued to any person licensed or registered, or required to be licensed or registered under this Code for up to three hundred and sixty-five (365) days. The Commissioner shall have the power to revoke a license, registration or certification issued to a person licensed or registered, or required to be licensed or registered under this Code. Reinstatement of a revoked license, registration or certification shall not be automatic and a petition for reinstatement to the Commissioner showing rehabilitation to the satisfaction of the Commissioner that would allow for a reinstatement of a professional license, registration or certificate and public trust shall be required. All requirements of reinstatement set forth in Section 2-116-290 of this Code shall also apply to reinstatement by the Commissioner. Provided, however, if the basis for revocation is a conviction or finding of liability by a court or administrative tribunal of competent jurisdiction for an act or underlying act: (i) related to bribery or attempted bribery of a government official or government vendor; or (ii) related to fraud or theft or attempted fraud or theft involving a government project, government program, government procurement or government contract, the license revocation shall be permanent and reinstatement shall not be allowed unless the conviction or finding of liability is reversed or vacated.

   (c)   If the Commissioner suspends or revokes the license, registration or certification of any person licensed or registered, or required to be licensed or registered under this Code, the Commissioner shall:

      (1)   notify the person in writing by first class mail at the address of record on the person's license, registration or certificate describing the basis for the suspension or revocation and the duration of the suspension or revocation;

      (2)   include a statement that the person may file a written request with the Commissioner or to the Board of Examiners or Commission that governed the license, registration or certificate to contest the basis for the suspension or revocation;

      (3)   include a statement that if the person contests the basis for the suspension or revocation and does not agree with the final decision of the Commissioner or the Board of Examiners or Commission, the person may appeal the final decision to a court of competent jurisdiction.

   (d)   The process for petitions and hearings contesting the suspension or revocation or for the reinstatement of a license, registration or certification under this section shall be in the manner prescribed in Section 13-8-150 of this Code.

   (e)   For purposes of this section:

   “Person or entity licensed or registered, or required to be licensed or registered under this Code” includes, but is not limited to: ventilation contractors as limited business licensees (Chapter 4-4 ), refrigeration contractors as limited business licensees (Chapter 4-4), residential real estate developers (Article V of Chapter 4-6 ), expediter companies (Article XXV of Chapter 4-6), expediters (Article XXVI of Chapter 4-6 ), general contractors (Chapter 4-36), excavators (Chapter 4-196), steam boiler erectors and repairers (Chapter 4-266), crane operators (Chapter 4-288), elevator mechanic contractors (Chapter 4-298), plumbers (Chapter 4-332), plumbing contractors (Chapter 4-336), stationary engineers and boiler tenders (Chapter 4-344), masons and mason contractors (Chapter 4-376), supervising electricians (Chapter 4-292), and electrical contractors (Chapter 4-290).

   “Substantial defect, error or deficiency” means any work that creates a danger to the health or safety of workers on the site, to current or eventual users or occupants of the building, structure, premises or part thereof, or to the public.

   (f)   The Commissioner may promulgate rules for the proper administration and enforcement of this section.

   (g)   Nothing in this section shall limit or affect the power of the City to issue a stop work order or exercise emergency closure powers under this Code.

   (h)   Nothing in this section shall relieve or excuse a person from maintaining any and all prerequisites, conditions and requirements for a valid and active license, registration or certification, including but not limited to, maintaining valid insurance, bonding, letter of credit or other financial liability coverage; maintaining valid licensing, registration or certification with a regulatory entity of the United States or the State of Illinois; payment of city, state or federal fees and taxes; and other prerequisites, conditions and requirements for a valid and active license, registration or certification.

   (i)   Any person whose license, registration or certification is suspended or revoked pursuant to this section may not be issued a new license, registration, certification or permit system identification number by the City during the period of suspension or revocation. In the event that the person whose license, registration or certification is suspended or revoked is an entity, then no controlling person(s) of that entity, as defined in Section 4-4-005 of this Code, may be issued a new license, registration, certification or permit system identification number by the City during the period of suspension or revocation.

(Added Coun. J. 2-22-17, p. 43876, § 18; Amend Coun. J. 9-6-17, p. 55278, Art. IV, § 4; Amend Coun. J. 9-20-18, p. 84890, Art. III, § 2)

 

Notes

4-4-280	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
17-16-0506	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
4-4	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
4-6	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
4-6	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
4-4-005	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.