ARTICLE 733
Contractor Licensing
733.01   Policy declared.
733.02   Definitions.
733.03   Necessity for license; exemptions.
733.04   License application and issuance.
733.05   License expiration date; fee; renewal.
733.06   Unlawful use, assignment, transfer of license.
733.07   Prerequisites to obtaining building permit.
733.08   Stop work order.
733.09   Conflict of laws.
733.99   Penalty.
 
CROSS REFERENCES
West Virginia Contractor Licensing Act - see W.Va. Code Art. 21-11
 
 
733.01 POLICY DECLARED.
   It is hereby declared to be the policy of the City that all persons desiring to perform contracting work in this City be duly licensed to ensure capable and skilled craftsmanship utilized in construction projects in this State, both public and private, fair bidding practices between competing contractors through uniform compliance with the laws of this City and State, and protection of the public from unfair, unsafe and unscrupulous bidding and construction practices.
(Ord. 11-26-91)
733.02 DEFINITIONS.
   (a)   "Contractor" means a person who in any capacity for compensation, other than as an employee of another, undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, structure or excavation associated with a project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith, where the cost of undertaking is three hundred dollars ($300.00) or more.
   "Contractor" includes a construction manager who performs management and counseling services for a construction project for a professional fee.
   "Contractor" does not include:
      (1)   One who merely furnishes materials or supplies without fabricating or consuming them in the construction project;
      (2)   A person who personally performs construction work on the site of real property which the person owns or leases whether for commercial or residential purposes;
      (3)   A person who is licensed or registered as a professional and who functions under the control of any licensing or regulatory board, whose primary business is real estate sales, appraisal, development, management and maintenance, who, acting in his or her respective professional capacity and any employee of such professional, acting in the course of his or her employment, performs any work which may be considered to be performing contracting work; or
      (4)   A corporation, partnership or sole proprietorship whose primary purpose is to prepare construction plans and specifications used by the contractors defined in this subsection and who employs full-time a registered architect licensed to practice in this State or a registered professional engineer licensed to practice in this State. Employees of such corporation, partnership or sole proprietorship shall also be exempt from the requirements of this article.
   (b)   "License" means a license to engage in business in this City as a contractor.
   (c)   "Person" includes an individual, firm, sole proprietorship, partnership, corporation, association or other entity engaged in the undertaking of construction projects or any combination thereof.
   (d)   "Subcontractor" means a person who performs a portion of a project undertaken by a principal or general contractor or another subcontractor.
(Ord. 11-26-91)
733.03 NECESSITY FOR LICENSE; EXEMPTIONS.
   On or after the effective date of this section, no person shall engage in this City in any act as a contractor, as defined in this article, unless such person holds a license issued under the provisions of this article. No firm, partnership, corporation, association or other entity shall engage in contracting in this City unless an officer thereof holds a license issued pursuant to this article.
   (b)   Any person to whom a license has been issued under this article shall keep the license or a copy thereof posted in a conspicuous position at every construction site where work is being done by the contractor. The contractor's license number shall be included in all contracting advertisements and all fully executed and binding contracts.
   (c)   Except as otherwise provided in these Codified Ordinances, the following are exempt from licensure:
      (1)   Work done exclusively by employees of the U.S. Government, the State, the County, the City and any governmental subdivision or agency thereof;
      (2)   The sale or installation of a finished product, material or article or merchandise which is not actually fabricated into and does not become a permanent fixed part of the structure;
      (3)   Work performed personally by an owner or lessee of real property on property the primary use of which is for an agricultural or farming enterprise;
      (4)   A material supplier who renders advice concerning use of products sold and who does not provide construction or installation services;
      (5)   Work performed by a public utility company regulated by the West Virginia Public Service Commission and its employees;
      (6)   Repair work contracted for by the owner of the equipment on an emergency basis in order to maintain or restore the operation of such equipment;
      (7)   Work performed by an employer's regular employees, for which the employees are paid regular wages and not a contract price, on business property owned or leased by the employer;
      (8)   Work personally performed on a structure by the owner or occupant thereof; and
      (9)   Work performed when the specifications for such work have been developed or approved by engineering personnel employed performed because of its specialized nature or process cannot be reasonably or timely contracted for within the general area of the facility.
         (Ord. 11-26-91)
733.04 LICENSE APPLICATION AND ISSUANCE.
   (a)   A person desiring to be licensed as a contractor under this article shall submit to the City a written application requesting licensure, providing such information as the City may require, on forms supplied by the City, and shall pay a license fee of twenty-five dollars ($25.00).
(Ord. 11-26-91)
733.05 LICENSE EXPIRATION DATE; FEES; RENEWAL.
   The application and license fee shall be twenty-five dollars ($25.00) annually, from January 1 to December 31 of each calendar year. The initial application and license fee shall be prorated accordingly. The renewal fee shall be twenty-five dollars ($25.00) annually, from January 1 to December 31 of each calendar year.
(5-26-92)
733.06 UNLAWFUL USE, ASSIGNMENT, TRANSFER OF LICENSE.
   No license may be used for any purpose by any person other than the person to whom the license is issued. No license may be assigned, transferred or otherwise disposed of so as to permit the unauthorized use thereof.
(Ord. 11-26-91)
Loading...