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.
4-36-065 Training program.
4-36-070 License – Fee – Termination.
4-36-080 License number to be displayed.
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 Reserved.
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 permit issued under Article XIII of Chapter 13-20 or Chapter 14A-4 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 license under this chapter, or (ii) the issuance of a permit under Article XIII of Chapter 13-20 or Chapter 14A-4, or (iii) for the purpose of enforcing the Chicago Construction Codes, the Zoning Ordinance, or any other law intended to protect the health and safety of workers, building occupants, or the public.
"Chicago Construction Codes" has the meaning ascribed to the term in Section 14A-2-202.
"City" means the City of Chicago.
"City inspector" means any person authorized by the City to conduct an inspection.
"City personnel" means any person employed by or authorized to act on behalf of the City.
"Commissioner" means the Commissioner of Buildings.
"Complex demolition" has the meaning ascribed to that term in Section 14A-2-202.
"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.
"Department" means the Department of Buildings.
"Dwelling unit" means a single unit of a building providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
"Employee" means an individual who performs work for an employer in the capacity of an employee, as distinguished from a contractor, determined pursuant to Internal Revenue Service guidelines.
"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 a person holding a valid license issued under this chapter.
"Ordinary demolition" has the meaning ascribed to that term in Section 14A-2-202.
"Regulated activity" means any type of work which requires a permit in accordance with Article XVIII of Chapter 11-4, Chapter 11-16, Article XIII of Chapter 13-20, or Chapter 14A-4 of this Code; any type of work which is not required to obtain a permit in accordance with Section 14A-4-402; and any construction, demolition, or grading undertaken pursuant to a stormwater management plan required by Chapter 11-18.
"Zoning Ordinance" means Title 17 of this Code.
(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; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 27; Amend Coun. J. 10-27-21, p. 39543, Art. V, § 3)
(A) Except as provided in Section 4-36-020(B), no person shall engage in any of the following activities for compensation, as an investment, or with the intent to sell or lease real property to others without first obtaining a general contractor license:
(1) Prepare or submit a bid, proposal, or offer to undertake a regulated activity.
(2) Undertake, either directly or through others, a regulated activity.
(3) Hire or supervise one or more persons carrying out a regulated activity.
(4) Exercise control over the means, methods, or manner of accomplishing a regulated activity.
(B) The following persons shall not be required to obtain a general contractor license:
(1) A person performing a regulated activity under the supervision and control of a licensee, such as a subcontractor or employee of a licensee.
(2) A person merely furnishing materials or supplies for use at a construction or demolition site without fabricating them into, or consuming them in the performance of, a regulated activity.
(3) A person licensed as a board-up company pursuant to Section 4-6-190, a drain layer pursuant to Chapter 4-28, an electrical contractor pursuant to Chapter 4-290, an elevator mechanic contractor pursuant to Chapter 4-298, a plumbing contractor pursuant to Chapter 4-336, or a mason contractor pursuant to Chapter 4-376 and acting within the scope of that license or an employee of such a person and acting within the scope of employment.
(4) An architect, professional engineer, professional land surveyor, or structural engineer licensed by the State of Illinois and acting within the scope of that license.
(5) An individual undertaking regulated activity on a building or structure with three or fewer stories above grade plane at a property that constitutes the individual’s primary residence, provided that the property contains six or fewer dwelling units and no nonresidential occupancy. This exception is limited to one such property during a calendar year and does not apply to excavation subject to Section 14A-4-406 or demolition subject to Section 14A-4-407.
(6) A person who contracts with a licensee to carry out a regulated activity at the person's property, provided that the contract provides for the licensee to exercise supervision and control over the regulated activity.
(7) A property owner, or employee or agent thereof, including a tenant authorized to perform such work, who performs a type of regulated activity listed in Section 14A-4-402 at the owner's property.
(8) A governmental entity and employees of the governmental entity for work at property owned or controlled by the governmental entity and performed by employees of the governmental entity.
(C) This section applies to any activity which occurs within the City without regard for the domicile or residence of the person undertaking such activity.
(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; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 28; Amend Coun. J. 10-27-21, p. 39543, Art. V, § 3; Amend Coun. J. 1-24-24, p. 8634, Art. I, § 2)
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