5.06.010   Definitions.
   “Building contracting” means the enlargement, alteration, repair, improvement, conversion or new construction of any single, two or three family dwelling or any accessory building, structure, or improvement associated with any such structure for which a building permit is required.
   "Class A commercial/residential contractor" means any individual, firm, company or corporation that is the general contractor, project administrator or project manager in charge of any residential or commercial construction project, or the prime contractor for any portion thereof, including spec homes, for which a building permit is required.
   "Class B residential contractor" means any individual, firm, company or corporation that is the general contractor, project administrator or project manager in charge of any residential construction project, or the prime contractor for any portion thereof, including spec homes, for which a building permit is required.
   "Class C contractor" means any individual, firm, company or corporation who is not a Class A or Class B contractor who enters into a contract with another party, or hires out any service that is required to be licensed under this section.
   "Commercial construction" means the enlargement, alteration, repair, improvement, conversion or new construction of any structure other than a one (1) or two (2) family dwelling or townhome, or any part thereof, and any accessory building, structure, or improvement associated with any such structure for which a building permit is required.
   "Construction" shall include, but is not limited to, cement or concrete contracting except for flat-work; masonry contracting; carpenter contracting; excavation contracting; demolition; all building trade contracting which includes roofing, remodeling, siding, rough framing; all phases of new construction, alterations, additions, repairs and demolition of structures; and asphalt pavement contracting and any items requiring a building permit within the licensing jurisdictional limits of the City of Custer.
   "Contracting" means entering into a binding agreement, either written or verbal, between two (2) or more persons or parties to provide and/or receive specific services, to include, but is not limited to, trades associated with the construction industry.
   "Contractor, general" shall mean the prime contractor hired by the consumer to be responsible for overseeing the entire construction project. The general contractor is the contractor named on the building permit application as the general contractor. The general contractor pays the two percent (2%) state excise tax for the project and is responsible for issuing the excise tax exemption certificate to the sub-contractors.
   “Employee” means a person whose compensation for construction work is reported by the employer on an Internal Revenue Service W-2 and is also otherwise considered an employee under the applicable law.
   "Flat-work" shall mean concrete sidewalks or driveways not more than thirty inches (30") above grade, not over any basement or story below, and not more than six inches (6") in thickness.
   “Personal supervision” means the building contractor of the designated construction supervisor who oversees and directs the work for which he is licensed and for which a permit has been issued and that he or she is available to his or her laborers and he or she is able to and does determine that all work performed is in compliance with this chapter.
   "Residential construction" means the enlargement, alteration, repair, improvement, conversion or new construction of any one or two-family dwelling or townhome, or any part thereof, and any accessory building, structure, or improvement associated with any such structure for which a building permit is required.
   "Speculation home" or "spec home" shall mean:
      A.   New residential construction or the remodeling of an existing structure by the person who owns the land with the intent that upon completion of the project the property will be sold.
      B.   New residential construction or the remodeling of an existing structure by the person who owns the land where the structure is not occupied by the owner and is used for rental or income purposes.
      C.   New residential construction or the remodeling of an existing structure by the person who owns the land, where the structure is sold within three (3) years of completion of the project.
   "Sub-contractor" means a contractor who is hired by the general contractor for special or specific jobs on a project which the sub-contractor has been listed as a sub-contractor on the building permit application and who receives an excise tax exemption certificate from the general contractor. Sub-contractors who are not exempted by the general contractor are considered a general contractor for their portion of that project. (Ord. 762 (part), 2015: Ord. 679 (part), 2010)