As used in this chapter:
RESIDENTIAL BUILDER. A person engaged in the construction of a residential structure or a combination residential and commercial structure who, for a fixed sum, price, fee, percentage, valuable consideration or other compensation, other than wages for personal labor only, undertakes with another or offers to undertake or purports to have the capacity to undertake with another, for the erection, construction, replacement, repair or alteration of, or an addition to, subtraction from, improvement of, wrecking of, or demolition of, a residential structure or a combination residential and commercial structure; a person who manufactures, assembles, constructs, deals in, or distributes a residential or a combination residential and commercial structure which is prefabricated, preassembled, precut, packaged or is shell housing; or a person who erects a residential structure or a combination residential and commercial structure, except for the person’s own use and occupancy on the person’s property.
RESIDENTIAL MAINTENANCE AND ALTERATION CONTRACTOR. A person who, for a fixed sum, price, fee, percentage, valuable consideration, or other compensation, other than wages for personal labor only, undertakes with another for the repair of, alteration of, or an addition to, subtraction from, improvement of, wrecking of, or demolition of a residential structure or a combination residential and commercial structure, or the building of a garage, or the laying of concrete on residential property, or who engages in the purchase, substantial rehabilitation or improvement and resale of a residential structure, engaging in that activity on the same structure more than twice in one calendar year, except in the following instances:
(1) If the work is for the person’s own use and occupancy;
(2) If the rehabilitation or improvement work of residential-type property or a structure is contracted for, with, or hired entirely to be done and performed for the owner by a person licensed under this chapter; and
(3) If work is performed by a person employed by the owner to perform work for which the person is licensed by the state.
RESIDENTIAL STRUCTURE. A premises used or intended to be used for a residence purpose and related facilities appurtenant to the premises, used or intended to be used as an adjunct of residential occupancy.
SALESPERSON. An employee or agent, other than a qualifying officer, of a licensed residential builder or residential maintenance and alteration contractor, who, for a salary, wage, fee, percentage, commission or other consideration, sells or attempts to sell, negotiates or attempts to negotiate, solicits for or attempts to solicit for, obtains or attempts to obtain a contract or commitment for, or furnishes or attempts or agrees to furnish, the goods and services of a residential builder or a residential maintenance and alteration contractor, except a person working for a licensed residential builder or a maintenance and alteration contractor who makes sales which are occasional and incidental to the person’s principal employment.
WAGES. Money paid or to be paid on an hourly or daily basis by an owner, lessor, or occupant of a residential structure or a combination residential and commercial structure as consideration for the performance of personal labor on the structure by a person who does not perform or promise to perform the labor for any other fixed sum, price, fee, percentage, valuable consideration, or other compensation and who does not furnish or agree to furnish the material or supplies required to be used in the performance of the labor or an act defined in this section.
(Ord. 242, passed 3-18-1998)