(a) Any person, firm or corporation licensed to do business in accordance with Section 1501.36, who or which contracts to perform work which, in whole or in part, is governed by this Building Code, shall:
(1) Disclose in writing and in advance to the contractee, by general description, those sections of this Building Code applicable to the contemplated work;
(2) Include within the agreed contract price for completion of the work all costs reasonably anticipated as being necessary to satisfy all applicable sections of this Building Code, except where the contractee has expressly and in writing agreed otherwise; and
(3) Include within such contract, in a clear and conspicuous manner, the following disclosure, which shall appear on a page of the contract that is signed by the contractee:
"NOTICE
PURSUANT TO SECTION 1501.43 OF THE CODIFIED ORDINANCES OF THE CITY OF PARMA, A CONTRACTOR IS REQUIRED TO INFORM YOU OF THE SECTIONS OF THE PARMA BUILDING CODE WHICH APPLY TO THIS CONTRACT AND IS REQUIRED TO INCLUDE THE COST OF SATISFYING THOSE REQUIREMENTS IN THE AGREED CONTRACT PRICE UNLESS YOU EXPRESSLY WAIVE THAT RIGHT."
(b) From and after January 1, 1988, each contractor's bond filed as required by Section 1501.38 of these Codified Ordinances shall, in addition to the requirements set forth therein, be conditioned on compliance with this section, and shall provide that in the event a contractor fails to comply with Section 1501.43(a)(2), the contractee may make a claim against the bond for all actual expenses incurred beyond the agreed contract price to bring the work into compliance with the City Building Code. The contractee's right to file a claim against the bond shall survive notwithstanding the issuance of any inspection, approval or occupancy permit by the Building Commissioner.
(c) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both.
(d) Whenever it comes to the attention of the Building Commissioner that work is underway in violation of any of the provisions of this section, the Building Commissioner may, after providing the contractor with notice and reasonable opportunity to respond, suspend any permit related to such work until the contractor has complied with this section.
(Ord. 150-87. Passed 9-18-88.)