(a) "Handyman" means a person who in any capacity for compensation, other than as an employee of another, undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, structure or excavation associated with a project, development, or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith, where the cost of the undertaking less than five thousand dollars ($5,000) for residential work or twenty-five thousand dollars ($25,000) for commercial work. All gross receipts of handyman contractors are subject to business and occupation tax pursuant to the provisions of Article 745 of these Codified Ordinances, at the contracting rate.
"Handyman" does not include:
(1) One who merely furnishes materials or supplies without fabricating or consuming them in the construction project;
(2) A person who personally performs construction work on the site of real property which the person owns or leases whether for commercial or residential purposes;
(3) A person who is licensed or registered as a professional and who functions under the control of any other licensing or regulatory board, whose primary business is real estate sales, appraisal, development, management, and maintenance, who acting in his or her respective professional capacity and any employee of the professional, acting in the course of his or her employment, performs any work which may be considered to be performing contracting work;
(4) A pest control operator licensed under the provisions of West Virginia Code 19-l 6A-7 to engage in the application of pesticides for hire, unless the operator also performs structural repairs exceeding one thousand dollars ($1,000) on property treated for insect or pests;
(5) A corporation, partnership, or sole proprietorship whose primary purpose is to prepare construction plans and specifications used by the contractors defined in this subsection and who employs full-time a registered architect licensed to practice in this state or a registered professional engineer licensed to practice in this state. Employees of the corporation, partnership or sole proprietorship shall also be exempt from the requirements of this article; or
(6) A person who performs landscaping or painting services for commercial or residential customers.
(b) "License" means a license to engage in business in this City as a handyman.
(c) "Person" includes an individual, firm, sole proprietorship, partnership, corporation, association or other entity engaged in the undertaking of construction projects or any combination thereof.
(Ord. 21-12. Passed 6-3-21.)