(a) Registration and Bond Required. Any person, firm or corporation engaged in contraction, construction, alteration, repair, removal or demolition of buildings or structures, as a business for profit in the City shall, before entering into such a business or doing any part of work, register with the City and furnish a surety bond to carry on such business or work within the City. Said surety bond shall expire simultaneously with the contractor’s registration. The bond shall be subject to approval of the Chief Building Inspector and shall ensure that the applicant shall comply with all provisions of the City Building Codes, Ohio Revised Code, City ordinances and all lawful rules and orders issued pursuant thereto, and in an amount as follows:
General contractor $25,000
Subcontractor $25,000
(Ord. 13-14. Passed 2-17-14.)
(b) Definitions. As used in this section, certain terms are defined as follows:
(1) “General contractor” means any person who enters into a contract with a building owner or his agent for the performance of work involving more than one trade or craft. The general contractor shall be permitted to acquire permits for all trades with the exception of sprinkler or fire alarm systems, provided he lists all licensed subcontractors at the time he acquires the permits.
(2) “Subcontractor” means any person who performs a special skill, trade, craft or profession as a business for profit in the City, and as part of a construction contract, whether on behalf of the general contractor, building owner, or the agent of an owner.
(c) Use of Registration or Name. Any contractor whether general or subcontractor shall not permit his name or registration to be used by another owner, contractor or agent. Any contractor found guilty of violating this section shall, subject to appeal, immediately forfeit his license for a period of one year, without refund of any registration fees.
(d) Application.
(1) Application for registration shall be made to the City Building Division on forms provided therefore.
(2) Qualifications for registration are as follows:
A. An applicant shall be eighteen years of age or older;
B. An applicant or its representative shall hold a state license or be found to be state qualified in a particular trade or craft. An applicant or its representative shall have had a minimum of five years’ practical experience as a contractor in the particular trade or craft where registration is required.
First year registrants new to the City of Lorain shall be on a one- year probationary period. An affidavit to this effect shall be provided, if so requested.
C. An applicant shall provide any and all references in the manner requested on the application form or such additional information as may be requested by the Chief Building Inspector.
D. If an applicant fails to meet the criteria defined in paragraph B. above, the applicant shall be subject to a written examination administered by the City Building Department or a test deemed equivalent by the Chief Building Official.
(Ord. 40-04. Passed 4-5-04.)
(e) Terms and Renewal. Beginning with the registration for the date of April 1, 2014, all contractors’ registrations shall be issued for a one-year term. In such case the initial fee for a new registration as set forth in paragraph (f) shall be for commercial registration the sum of $175.00 for the first twelve months and for residential registration, the sum of $150.00 for the first twelve months. A contractor, who registers after his/her renewal date, shall pay for a one (1) year license valid from the date of application.
All current contractors’ registrations, upon expiration, will be renewed according to the above procedure for a one year term.
(Ord. 13-14. Passed 2-17-14.)
(f) Initial and Renewal Fee; Insurance Required. Subject to paragraph (e) above, upon approval of the application for registration and before the certification has been issued, the contractor shall pay the registration fee to the Division of Buildings as follows:
Initial Fee (New Registration) | Yearly Renewal Fee | |
Any commercial registration | $175.00 | $150.00 |
Any residential registration | 150.00 | 125.00 |
Before the certificate may be issued or renewed, the contractor shall acknowledge to the Chief Building Inspector the contractor’s obligation to carry liability insurance, both bodily injury liability and property damage liability in an amount not less than one million dollars ($1,000,000) for each occurrence prior to beginning any work on any project in the City. All general contractors and subcontractors who undertake work in the City shall be required to demonstrate to the Chief Building Inspector at the time such contractor seeks to pull a permit for any project or job, that such contractor carries a general liability insurance policy with limits in an amount not less than one million dollars ($1,000,000) per occurrence. Said policy shall be issued to protect the public and the contractor’s customers/citizens in the event of any negligence attributable to such contractor. Upon the request of any contractor’s customer or upon the request of a general contractor in privity of contract with a subcontractor, the contractor so requested shall disclose and provide a copy of the insurance policy issued to him, her, or it as required in this section. Council expressly recognizes that this disclosure requirement fosters consumer protection. Willfully working in the City as a contractor without the required liability insurance shall be a cause for the revocation of any contractor’s license. (Ord. 3-01. Passed 1-16-01.)
If in the opinion of the Chief Building Official or of the Board of Building Standards and Appeals upon an appeal, a license should not be unconditionally renewed or reissued, then the Chief Building Official or Board upon appeal, may require the applicant to post a bond, prior to the renewal or re-issuance of the license, in an amount not to exceed $50,000 and in a form prescribed by and in favor of the City, wherein the applicant guarantees to comply with the provisions of this chapter, and the other provisions contained in the Codified Ordinances of the City.
(Ord. 40-04. Passed 4-5-04.)
(g) Revocation. Reasons existing to revoke registrations or licenses of contractors are as follows:
(1) Violation of any law or provision of the Building Code;
(2) Misrepresentation of material fact in order to become registered, or in the renewal of registration;
(3) Failure to secure permits, inspections and approvals required by the Building Code and regulations of the Building Division;
(4) Use or registration to obtain a permit for another;
(5) Failure or refusal to correct a violation of the Building Code or regulations of the Building Division within a prescribed period of time or to correct incompetent work as ordered by the Chief Building Inspector;
(6) Unethical business practice, any felony conviction, any conviction involving moral character, or when revocation is deemed necessary in the public interest;
(7) A willful failure to carry the required liability insurance;
(8) For any valid reason adversely affecting the health, safety and welfare of the residents of Lorain.
(h) Revocation Notice and Hearing. The Chief Building Inspector shall cause notification to be given in writing to the person effected and the hearing shall be given by the Board of Building Standards and Appeals. The Building Official shall have the right to suspend a certification or license based on any of the reasons for revocation pending the hearing of the Board. After the Board of Building Standards hearing and their recommendation to revoke or suspend said registration, the Chief Building Inspector shall cause the revocation or suspension of the aggrieved contractor within five days. Such suspension or revocation shall be in writing, and sent to the aggrieved via certified U.S. Mail. A copy of such revocation or suspension shall be a permanent part of the contractor’s record.
(i) Exemptions. Persons exempt from registration are as follows:
(1) Home owners. No provision of the Building Code or any regulation adopted by the authority of such Code shall be interpreted to require that the owner of a one-family dwelling shall be licensed or registered personally to perform work upon the premises occupied, or to be occupied, by the owner thereof as such owner’s established residence. No such person may build more than one new dwelling within a twenty-four month period without obtaining proper registration. Home owners shall be required to obtain necessary permits and perform work in accordance with the Building Code and such work shall be inspected. An oral test to ascertain the ability of the home owner to perform the work, for which a permit is required, may be given by the Chief Building Inspector. If, in the opinion of the Chief Building Inspector, during the oral test or during an inspection, it is discovered the ability of the home owner is questionable, it may be required that a registered contractor perform the work.
(2) Government agencies, private industry maintenance and public utilities. Provision of registration shall not apply to Federal, State, County or Municipal governmental agencies, or public utilities furnishing services to the City under municipal utilities franchise agreement, to industrial, commercial or institutional organizations or firms wherein a maintenance department, doing work within the provisions of the Building Codes, is provided, except that should work covered by the Building Code be contracted with outside contractors, then such contractors shall be registered in the City as provided herein.
(3) Owners of rental properties. No provision of this section shall be interpreted to require that the owner of a residential rental property be licensed or registered as a contractor in order to personally perform work on property owned by him or her. However, work performed by the owner of a residential rental property without license or registration as herein provided shall be limited to the following types of work:
A. Exterior.
1. All painting.
2. All lawn maintenance.
3. Repair or replace broken windows and doors, including storm windows and doors and whole house replacement of windows.
4. Repair, replacement and installation of gutters and downspouts.
5. Repair, replacement and installation of siding.
6. Repair, replacement and installation of roofing.
7. Repair, replacement and installation of wood porches, decks and fences.
8. Repair, replacement and installation of sidewalks and driveways located on the property.
9. Repair, replacement and installation of outbuildings, including garages.
10. Repair to, replacement and installation of garage doors and electronic openers.
B. Plumbing.
1. Repair, replacement and installation of plumbing lines with like-kind materials.
2. Repair, replacement and installation of toilets, sinks, faucets and traps.
3. Repair, replacement and installation of hot water tanks.
C. Heating.
1. Replace filters.
2. Repair or replace pilot light.
3. Repair or replace thermo-coupling or thermostat.
D. Cosmetic.
1. Repair, replacement and installation of drywall, paneling and moldings.
2. Repair, replacement and installation of suspended ceilings.
3. Repair, replacement and installation of floor coverings.
4. Miscellaneous cosmetic repairs, replacements and installations not involving electrical work.
E. Emergency Repairs.
1. Any and all emergency repairs to above items.
(Ord. 3-01. Passed 1-16-01.)