(A) Required.
(1) It is unlawful for any company, corporation including a limited liability company, any partnership, organization, or individual to engage in the business of a BUILDING CONTRACTOR as defined by § 115.001 in the city without first obtaining the appropriate building contractors license from the city.
(2) No firm, association, or corporation shall engage in building contracting in the city unless at least one officer, agent or member of the firm, association, or corporation has been licensed, according to the provisions of this subchapter and has a license issued to it in the name of the firm, association, or corporation as herein provided. The license shall designate the holder of the license who shall be the applicant who has successfully passed the examination herein required. The license shall be valid and in effect only while the individual who passed the examination is still the member, officer, or agent of the firm, association, or corporation.
(3) Nothing contained in this subchapter shall prohibit the owner of a residence from performing work on property owned by the individual, provided that the owner assumes liability for such work, and the work is done in a workmanlike manner and meets all applicable building standards, codes and laws. A residential property owner excluded under this section acts as his or her own Building Contractor. If the owner of the property chooses to hire a contractor, such contractor shall be licensed by the city in as provided in this code.
(B) Application. Applications for licenses under this subchapter shall be made to the City Controller in conformity with the general licensing provisions of this code. Thereupon, the City Controller shall notify the Building Contractors Board of Examiners.
(Prior Code, § 115.006)
(C) Examinations.
(1) The Building Contractors Board of Examiners shall conduct examinations at reasonable intervals and test the qualifications of all applicants. Written and oral examinations shall be required for all applicants.
(2) The Building Contractors Board of Examiners shall also inquire into the good character, ability, and qualifications of the applicant. If the Board is satisfied, it shall approve the application, certify it, and return it to the City Controller. If the Board is not satisfied, it shall disapprove the application. The examinations and grading shall be honest, fair, and free from favoritism or unfair discrimination. The public interest shall be the paramount consideration.
(3) All persons and companies operating as building contractors who fail the examination given to them for the specific type of work they wish to perform may retake a similar examination provided by the Building Commissioner, or its designee.
(4) The number of reexaminations is limited to two, following the initial failure. No contractor or company may take the same contractor examination more than three times in a single calendar year.
(5) Nothing in this chapter prevents or limits a contractor or company from taking a different examination in a different area of work to perform; however, the total number of re-examinations in any area of work is limited to two. Exceptions may be made at the discretion of the Building Commissioner upon a showing of good cause.
(D) Fees; renewals.
(1) The annual fee for a building contractor’s license under this subchapter shall be an amount as set by the city from time to time.
(2) The annual license fee for each annual renewal license for a building contractor in good standing shall be an amount as set by the city from time to time.
(3) Any persons obtaining a contractor’s license following the issuance of a stop work order for failure to be licensed shall pay an additional amount as set by the city from time to time in addition to the initial fee at the time of receiving a license.
(4) (a) To be entitled to the renewal fee, the licensee must, within 30 days after the expiration of his or her licenses, pay the entire renewal fee and make application to the City Controller, as required by this chapter.
(b) Should the licensee fail to renew for a period of three years or more, the licensee shall be subject to re-examinations. Exemptions may be made at the discretion of the Building Commissioner upon showing of good cause.
(5) The full annual fee must be paid and there shall be no prorating.
(6) There shall be an examination fee in an amount as set by the city from time to time assessed for each written examination conducted.
(7) An application for renewal shall be first approved and certified by the Building Contractors Board of Examiners before a renewal is granted and issued.
(E) Transferability. No license or renewal thereof granted under the provisions of this subchapter shall be assignable or transferable.
(Prior Code, § 115.009)
(F) Suspension; revocation; denial of issuance or renewal.
(1) The Building Commissioner of the Building Contractors Board of Examiners may recommend to the Mayor the suspension or revocation of any license issued under this division when the building contractor shall have been guilty of fraud, misrepresentation, negligence, or for violations of any of the building or zoning provisions of the city.
(2) The Building Contractors Board of Examiners for the above or reasons of equal gravity, may deny an application for a new or a renewal of a building contractor’s license.
(Prior Code, § 115.010)
(G) Appeals. Any applicant for a license under this subchapter shall be entitled to appeal the decision of the Building Contractors Board of Examiners on any application for examination to the Board of Public Works and Safety, which body shall have the right to alter, amend, or reverse the decision of the Board and to order a new examination, and which action upon the part of the Board of Public Safety shall be final in the matter.
(Prior Code, § 115.011)
(Ord. 13-0030, passed 10-14-2013; Ord. 15-0025, passed 12-14-2015) Penalty, see § 10.999