(A) The procedures in this section have been developed to qualify those specialized professionals for whom the City Examining Board and/or the State Construction Industry Licensing Board may not test, certify or qualify.
(B) A contractor or superintendent’s certificate of competency shall be obtained in the following manner.
(1) Any person required or desiring to be qualified as a contractor or superintendent shall make application on a form prescribed by the Contractors Examining and Mediation Board at the office of the secretary of such Board in the Building and Zoning Department. The application shall be retained by the Board, together with all supporting papers.
(2) Should the applicant be a firm, the application shall be executed by the president or one legally qualified to act for the firm, shall show his or her authority to so act on the application and shall name on the authorized agent on behalf of the firm showing his or her authority:
(a) To act for the firm in all matters in any manner connecting with the contracting business;
(b) To supervise the construction under the occupational license issued to the firm;
(c) To take the qualifying examination for the firm, unless holding a current certificate of competency of the class and type necessary; and
(d) The firm shall be qualified only though the qualifications of such agents taking the examination, or through an agent currently qualified, and if the agent (qualifier) shall serve his or her affiliation with such firm, the certificate of competency held by such firm shall be automatically cancelled. Any agent (qualifier) shall be restricted to work of the firm he or she is currently qualifying.
(3) No applicant shall be considered unless the applicant gives all information required on the form, which shall be included:
(a) A statement of the applicant’s proposed contracting business;
(b) The type of certificate being applied for;
(c) Name, residence and business address for the applicant;
(d) If the applicant is a firm, the name and business address of the firm and the name and residence of all directors and officers of the firm and their interest therein, and the name and residence of all the applicants qualified representative, and information contained above; if the applicant is a corporation, a certificate of incorporation;
(e) A sworn financial statement of the applicant, a credit report, and an agreement authorizing the secretary of the Contractors Examining and Mediation Board to obtain from any source dealing with the applicant, even though confidential, such additional information concerning the applicants financial condition as the secretary deems necessary. Superintendents are exempted from the application of this division (B)(2);
(f) A sworn list of all businesses owned, operated or managed by the applicant or in which the applicant has had an interest of any kind during the past five years, and the address of these businesses. Superintendents are exempted from the application of this division (B)(2);
(g) A receipt from the Board, showing that a fee of $50 for the examination and/or qualification of the applicant have been paid;
(h) Three letters of recommendation from a reputable business or professional person, not related by blood or marriage to the applicant, of this county, or the county of the applicants last business venture, vouching for the applicant’s reputation as to honesty, integrity, and good character; and
(i) A sworn statement, stating under an oath that the applicant has not been convicted of a misdemeanor or felony during the past ten years, and that they are not presently charged with committing a felony or misdemeanor. If this is not the case, the applicant shall specify the details of the conviction charges.
(4) The Secretary of the Board shall notify the applicant of the next regular examination and shall notify the Board of the application prior to its next regular meeting and make such additional investigation as may be directed by the Board.
(5) The Contractors Examining and Mediation Board shall prescribe the type of examinations of the applicant to show his or her degree of experience; his or her knowledge of building, safety, health and lien laws of the county, state and federal governments as may be applicable; his or her knowledge of rudimentary administrative principles of the contracting business for which the application is being made.
(6) The Contractors Examining and Mediation Board shall not issue or renew a certificate of competency unless, by majority vote of the Board members present, the Board finds:
(a) That the applicant, or if the applicant is a firm then the qualified representative, has made a passing grade of 72% on the written or verbal examination and has the necessary experience for the type of certificate applied for;
(b) That the applicant is financially able to engage in the contracting business for which the certificate is requested. They shall establish, in its rules and regulations, uniform but separate standards for each contractor’s category to guide it in determining an applicant’s financial qualifications; and
(c) The applicant, and each member of the firm, possesses a reputation for honesty, integrity and a good character, and is not under present removal of civil rights due to a felony conviction and never has been convicted of a felony which directly relates to the subject matter for which the certificate of competency is to be issued. This shall be determined by the Board by the information contained in the letter of recommendation submitted by the applicant and any other statement submitted to or obtained by the Contractors Examining and Mediation Board or its investigators. The lack of honesty, integrity or good character may be established by competent evidence that:
1. An applicant has committed an act within the past ten years, which, if committed or done by a license contractor, it would be grounds for suspension or revocation of a contractor’s license;
2. An applicant has committed an act within the past ten years involving dishonesty, fraud, deceit or lack of integrity whereby the applicant has been benefitted or whereby another has sustained some injury;
3. An applicant has, in the past ten years, refused to pay valid bills of persons or firms or if the applicant or any officer of the business has been adjudicated bankrupt within such time. If the applicant shall be a firm, then the qualifying agent of the applicant shall be considered to be an officer of the firm for the purposes of this section; and/or
4. An applicant has been convicted of a felony and is presently removed of his civil rights or the applicant has previously been convicted of a felony, which directly relates to the subject matter of this subchapter.
(Ord. 450, passed 9-9-2003)