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(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)
An application for a license under this chapter shall be made in writing to the commissioner on a form provided by the department of buildings, and shall be accompanied by the following:
(A) If the applicant is an individual:
(1) The applicant's full name, residence address, business address, business e-mail address and business telephone number;
(2) Proof that the applicant is at least 18 years of age;
(B) If the applicant is a corporation:
(1) The corporate name, address, e-mail address and telephone number of the applicant's principal office or place of business;
(2) The date and state of incorporation;
(3) The full name, title, residence address, e-mail address and residence telephone number of all controlling persons;
(4) Proof that all corporate officers and controlling persons are at least 18 years of age;
(5) Proof that the corporation is in good standing under the laws of the State of Illinois;
(C) If the applicant is a partnership or limited liability company:
(1) The name, address, e-mail address and telephone number of the applicant's principal office or place of business;
(2) The full name, title, residence address, e-mail address and residence telephone number of all partners, if a general partnership; of all general and limited partners, if a limited partnership; of all managers, managing members and members, if a limited liability company; and of all controlling persons;
(3) Proof that all partners, managers, managing members, members and controlling persons are at least 18 years of age;
(D) The class of license for which application is being made;
(E) The license fee;
(F) A description of the work and services the applicant will provide;
(G) A statement verified by affidavit as to whether the applicant and each controlling person is financially solvent;
(H) The name and address of the principal location from which the applicant has engaged in the business of general contracting at any time within the last five years;
(I) If the applicant is not a sole proprietor, proof that the applicant is authorized to do business in the State of Illinois;
(J) Proof of insurance as required by Section 4-36-090;
(K) The date of birth, and social security number or other acceptable identifier, of each natural person named in the license application;
(L) A statement as to whether the applicant or any controlling person has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony or criminal offense of whatever degree involving bribery, and if so, the details surrounding each such conviction;
(M) A statement as to whether the applicant or any controlling person is currently under indictment or has been charged under any State or Federal law with the crime of bribery; and
(N) Any other information that the commissioner may require.
It is a condition of the license that all information in the application be kept current. Any change in required information shall be reported to the department of buildings within 14 business days after such change has occurred.
For purposes of this section, a post office box shall not suffice as an address.
(Added Coun. J. 10-1-03, p. 9163, § 2.1; Amend Coun. J. 9-14-05, p. 55252, § 3; Amend Coun. J. 7-30-08, p. 34713, § 5; Amend Coun. J. 11-8-12, p. 38872, § 80)
No general contractor license shall be issued to the following persons:
(A) Any person whose license under this chapter has been revoked for cause at any time within the last four years;
(B) Any person whose permit privileges have been suspended pursuant to Section 4-36-130 until such time that the suspension is lifted by the department of buildings;
(C) Any person who is under the age of 18;
(D) Any person who has been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony or criminal offense of whatever degree involving bribery, unless, upon request of such person, the commissioner determines that such person has been substantially rehabilitated to warrant the public trust. The burden of proof of substantial rehabilitation shall be on the person seeking such rehabilitation; and
(E) Any person who is currently under indictment or has been charged under any State or Federal law with the crime of bribery.
The above prohibitions and requirements shall apply to the licensee and to all controlling persons.
Eligibility for issuance of a license under this chapter shall be a continuing requirement for maintaining a license under this chapter. Failure to maintain such eligibility may result in license suspension or revocation in accordance with the requirements of Section 4-4-280 of this Code.
(Added Coun. J. 10-1-03, p. 9163, § 2.1; Amend Coun. J. 7-30-08, p. 34713, § 6; Amend Coun. J. 11-8-12, p. 38872, § 81)
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. |
The license fee set forth in Section 4-5-010 of this Code shall be payable annually. The general contractor license shall expire on the date indicated on the face of the license.
(Added Coun. J. 10-1-03, p. 9163, § 2.1; Amend Coun. J. 6-6-12, p. 28356, § 5)
Notes
| 4-5-010 | 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. |
The licensee shall print his general contractor license number legibly on the front page of every estimate, contract and subcontract, and in any advertisement placed by or on behalf of a general contractor. The general contractor license number, and the class of general contractor license obtained, shall appear on every application for a building permit. The licensee shall affix his name and general contractor license number on all vehicles used in the course of his business.
(Added Coun. J. 10-1-03, p. 9163, § 2.1)
Prior to the issuance of a general contractor license, each applicant shall furnish proof of insurance, issued by an insurer authorized to insure in Illinois with a credit rating of B+ or higher by A.M. Best Company, evidencing commercial general liability insurance, as follows:
(A) If the applicant is applying for a Class A license: limits of not less than $5,000,000.00 per occurrence (primary or umbrella) for bodily injury, personal injury, property damage and completed operations arising in any way from the issuance of the license or activities conducted pursuant to the license;
(B) If the applicant is applying for a Class B license: limits of not less than $3,000,000.00 per occurrence (primary or umbrella) for bodily injury, personal injury, property damage and completed operations arising in any way from the issuance of the license or activities conducted pursuant to the license;
(C) If the applicant is applying for a Class C license: limits of not less than $1,000,000.00 per occurrence, $2,000,000.00 in the aggregate, for bodily injury, personal injury, property damage and completed operations arising in any way from the issuance of the license or activities conducted pursuant to the license;
(D) If the applicant is applying for a Class D license: limits of not less than $1,000,000.00 per occurrence, $2,000,000.00 in the aggregate, for bodily injury, personal injury, property damage and completed operations arising in any way from the issuance of the license or activities conducted pursuant to the license;
(E) If the applicant is applying for a Class E license: limits of not less than $1,000,000.00 per occurrence for bodily injury, personal injury, property damage and completed operations arising in any way from the issuance of the license or activities conducted pursuant to the license.
Each policy of insurance required under this section shall include a provision requiring 30 days' advance notice to the commissioner prior to cancellation or lapse of the policy. The licensee shall maintain the insurance required under this section in full force and effect for the duration of the license period. A single violation of this section shall result in suspension or revocation of the general contractor license in accordance with Section 4-4-280 .
Each policy of insurance required under this section shall name the City of Chicago as additional insured on a primary, noncontributory basis arising directly or indirectly from the licensee's operations.
(Added Coun. J. 10-1-03, p. 9163, § 2.1; Amend Coun. J. 9-14-05, p. 55252, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 13; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 10)
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.”
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. |
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