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4-36-010 Definitions.
4-36-020 License – Required.
4-36-030 License classifications.
4-36-040 License – Posting – Nontransferability.
4-36-050 License – Application.
4-36-060 License issuance and renewal prohibited when.
4-36-070 License – Fee – Termination.
4-36-080 License number to be printed where.
4-36-090 Proof of insurance – Required.
4-36-100 Reserved.
4-36-110 Unlawful acts.
4-36-120 Duties.
4-36-130 Permit privileges – Suspension.
4-36-140 License – Immediate suspension based upon a pattern of substantial code violations.
4-36-145 License suspension pending final adjudication of a bribery charge.
4-36-150 License – Suspension or revocation.
4-36-160 License revocation – Four-year wait for new license.
4-36-170 Regulations.
4-36-180 Enforcement.
4-36-190 Violation – Penalty.
As used in this chapter:
“Act related to general contracting” means: (1) any activity requiring a license under this chapter; or (2) any conduct regulated by this chapter; or (3) any activity requiring a building permit issued under Chapter 13-32 of this Code or a sign permit under Chapter 13-20 of this Code; or (4) any duty or other requirement imposed by this chapter; or (5) any inspection of a building or premises or performance of other legal or work-related duty by a city inspector, city personnel or other government official in connection with: (i) the issuance of a general contractor license under this chapter, or (ii) the issuance of a building permit under Chapter 13-32 of this Code, or (iii) for the purpose of enforcing the requirements of the building code, zoning code or any other law regulating building construction or the health or safety of construction site workers, of the current or eventual users or occupants of a building or premises or of the general public.
“Building code” has the meaning ascribed to the term in Section 1-4-090.
“City” means the City of Chicago.
“City personnel” means any person employed by the City of Chicago.
“City inspector” means any person authorized by the City of Chicago to conduct an inspection.
“Department” means the department of buildings.
“Commissioner” means the commissioner of buildings.
“Controlling person” means any person who: (1) is an officer, director, partner, general partner, limited partner, manager, managing member or member of any entity seeking or holding a license under this chapter; or (2) owns, directly or indirectly through one or more intermediate ownership entities, 25 percent or more of the interest in the licensee or applicant, as applicable.
“General contractor” means any person who, as an investment or for compensation or with the intent to sell or to lease, (i) arranges or submits a bid or offers to undertake or purports to have the capacity to undertake or undertakes, through himself or through others, to erect, construct, alter, repair, move, install, replace, convert, remodel, rehabilitate, modernize, improve or make additions to any building as defined in Section 13-4-010 or to any appurtenance thereto attached to real estate and located on the same lot as the building, including, but not limited to, driveways, swimming pools, porches, decks, garages, fences, fallout shelters and other accessory objects or uses; and (ii) retains for himself control over the means, method and manner of accomplishing the desired result; and (iii) whose business operations, in whole or in part, require the hiring or supervision of one or more persons from any building trade or craft, including, but not limited to, plumbing, masonry, electrical, heating, air-conditioning or carpentry. The term includes nonresident general contractors who do business within the city and developers of conversion condominiums as defined in the Condominium Property Act, as amended.
“Knowingly”, with respect to a material fact, means (i) having actual knowledge of the material fact; or (ii) being aware of facts or information that would cause a reasonable person to have actual knowledge of the material fact; or (iii) acting in deliberate ignorance or reckless disregard of the truth or falsity of the material fact.
“Licensee” means any person licensed or required to be licensed under this chapter.
“Nonresident general contractor” means any general contractor who is not domiciled in the city and has not maintained a permanent place of business or residence in the city for at least six months.
“Zoning code” has the meaning ascribed to the term in Section 1-4-150.
(Added Coun. J. 10-1-03, p. 9163, § 2.1; Amend Coun. J. 7-30-08, p. 34713, § 3; Amend Coun. J. 3-18-09, p. 56013, § 2; Amend Coun. J. 9-6-17, p. 55278, Art. IV, § 2)
(A) No person shall own, operate, conduct, manage, engage in, maintain or carry on the business of general contractor without first having obtained a general contractor license. The general contractor license shall be in addition to any other license required by law, including, but not limited to, the excavators license issued pursuant to Chapter 4-196 of this Code, if applicable.
(B) The following persons are not general contractors within the meaning of this section:
(1) Any subcontractor, employee or agent working for or under the supervision of a general contractor licensed or required to be licensed under this chapter and acting within the scope of his contract, employment or agency;
(2) Any person who merely furnishes materials or supplies for use at a construction site without fabricating them into, or consuming them in the performance of, the work of a general contractor;
(3) Any person licensed by the City of Chicago as a mason contractor, plumbing contractor or electrical contractor and acting within the scope of his license;
(4) Any licensed architect or engineer acting within the scope of his license;
(5) Any person who does general contracting work on property that constitutes his primary residence, if the primary residence is a single-family dwelling or a multiple-family dwelling that does not exceed three stories in height and contains six or fewer dwelling units as defined in Section 13-4-010 of this Code. This exception is limited to one such property during a calendar year;
(6) Any person who hires a general contractor licensed under this chapter to do general contracting work on the person's property;
(7) Any property owner, or employee or agent thereof, who does minor nonstructural repairs on the owner's property; and
(8) A governmental entity for work upon premises owned by the governmental entity and performed by employees of the governmental entity.
(Added Coun. J. 10-1-03, p. 9163, § 2.1; Amend Coun. J. 5-9-12, p. 27485, § 21; Amend Coun. J. 11-8-12, p. 38872, § 79)
General contractor licenses shall be divided into the classifications which follow. The holders of such licenses shall be entitled to engage in the business of general contractor within the city subject to the following limitations:
Class A license: The holder of a Class A license is subject to no limitation as to the value of any single contract project.
Class B license: The holder of a Class B license is not entitled to engage in the construction of any single contract project of a value in excess of $10,000,000.00.
Class C license: The holder of a Class C license is not entitled to engage in the construction of any single contract project of a value in excess of $5,000,000.00.
Class D license: The holder of a Class D license is not entitled to engage in the construction of any single contract project of a value in excess of $2,000,000.00.
Class E license: The holder of a Class E license is not entitled to engage in the construction of any single contract project of a value in excess of $500,000.00.
(Added Coun. J. 10-1-03, p. 9163, § 2.1; Amend Coun. J. 9-14-05, p. 55252, § 1)
Editor's note – Coun. J. 9-14-05, p. 55252, § 4, provides: “This ordinance shall be in force and effect upon its passage and approval. Provided, however, that with respect to any affected insurance policy in effect as the time of passage of this ordinance, the requirements imposed by Code Sections 4-36-030 and 4-36-090, as amended by this ordinance, must be complied with in conjunction with the renewal of any such insurance policy, or by January 1, 2007, whichever comes first.”
Each license issued pursuant to this chapter shall be posted in a conspicuous place near the entrance of the licensee's chief place of business. A photocopy of the license shall be posted in a conspicuous place at each construction site maintained by the licensee. No transfer of ownership shall be allowed on any license issued under this chapter.
(Added Coun. J. 10-1-03, p. 9163, § 2.1; Amend Coun. J. 7-30-08, p. 34713, § 4)
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