A. Defined: The term "plumbing contractor" shall mean and include anyone engaged in the business of plumbing contractor; and any person engaged in the construction, alteration or repair of plumbing in buildings or other structures, or sidewalk or street pavements.
B. Construction; Applicability:
1. Contractor: Engaging in the construction, repair or alteration of piping fixtures or plumbing in any building, structure or street or sidewalk pavement in the city for which a permit is required under the ordinances of the city shall be construed as doing business as a contractor in the city.
2. Subcontractor: Any person doing business as a subcontractor shall be construed as engaged in the business of plumbing contractor for which a license is required by this section.
C. License Required; Exceptions:
1. It shall be unlawful to engage in business in the city as a plumbing contractor without first having obtained a license therefor as hereinafter provided.
2. Licensing requirements shall not apply to:
a. General contractors, electricians or other specialized trades for which special licenses or bonds are required.
b. An owner constructing, remodeling or repairing a single- family dwelling for his own personal use and occupancy.
c. A job where the work involved does not exceed a total cost of five hundred dollars ($500.00).
D. Qualifications; Fee: Prior to the issuance of such license, each applicant must meet all requirements for qualifications and pass all tests, which may from time to time be required by resolution of the city council. The annual fee for such license shall be seventy five dollars ($75.00) per year.
E. Insurance, Bond Required:
1. No permit shall be issued for the construction or plumbing of a building or structure in the city, or for the repair or alteration of the plumbing on the exterior of any building or structure, unless a certificate or other proof is filed showing that the contractor carries a license permit bond of ten thousand dollars ($10,000.00).
2. Before any contractor doing any work for the city on any street or highway or on any building or premises owned by the city commences work, he shall file with the city clerk a certificate or other proof showing that he carries workers' compensation insurance and public liability insurance as required by the ordinances and the terms of his contract.
F. Compliance With Regulations: It shall be the duty of all plumbing contractors to comply with all ordinances relating to the plumbing of buildings or other structures, to the construction of street or sidewalk pavements, and all laws or ordinances pertaining to or regulating the activities engaged in. (Ord. 961, 12-20-1993)
G. Revocation Of License:
1. Authority; Right Of Appeal: Any plumbing contractor's license may be revoked by the building official for repeated violations (2 or more violations) of any ordinance relating to the installation of plumbing in the construction of buildings, the use of streets or the replacing of streets, sidewalks or parkways, or any other ordinance relating to the work performed by such contractor. Such revocation may be in addition to any fine imposed for violating this chapter. The contractor shall have the right to appeal any license revocation to the zoning board of appeals/planning and zoning commission, on the grounds there has been an error in law in any order, requirement, decision or determination made by the building official in the enforcement of this chapter, pursuant to title 10, chapter 9 of this code.
2. Hearing: The building official may, upon his own motion, and shall upon the verified complaint in writing of any person, require any contractor to appear before the zoning board of appeals/planning and zoning commission for a hearing upon five (5) days' notice in writing, and mailed to his last known post office address, and such board/commission shall have the final authority to temporarily suspend or permanently revoke the license, if the holder thereof is found guilty of or commits any one or more of the following acts or omissions: (Ord. 961, 12-20-1993; amd. 1998 Code)
a. Abandonment of any contract without legal cause.
b. Diversion of funds or property received for performance or completion of a specific contract, or for a specified purpose in the performance or completion of any contract, and their application or use for any other contract, obligation or purpose, or the failure, neglect or refusal to use such funds or property for the performance or completion of such contract.
c. Fraudulent departure from or disregard of plans or specifications in any material respect, without consent of the owner or his duly authorized representative.
d. Wilful and deliberate disregard and violation of the provisions of this title or any other ordinance of the city for failure to comply with any lawful order of the building official. (Ord. 961, 12-20-1993)
e. Failure to keep records showing all receipts and disbursements of the licensee in all of his transactions as a contractor, as the term is defined in subsection A of this section, and to produce the same for examination by the zoning board of appeals/planning and zoning commission when so required. (Ord. 961, 12-20-1993; amd. 1998 Code)
f. Misrepresentations of a material fact by applicant in obtaining a license or permit.
g. The commission of any fraudulent act by the licensee as a contractor in consequence of which another is substantially injured.
h. Fraudulent use of license to obtain building permits for another.
i. Carelessness or negligence in providing reasonable safety measures for the protection of workmen and the public.
j. Failure to obtain proper building permits as required by city ordinance.
k. Failure by a corporation to have an active member or officer who has been approved by the board/commission as a qualified person or licensee.
H. Reissuance Of License After Revocation: When a license of a person has been revoked, a new license shall not be granted until said person shall have corrected the violation in accordance with this code or any ordinance of the city and shall have made application as required for the original license. (Ord. 961, 12-20-1993)