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For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONSTRUCTION SUPERVISOR. The individual who has passed the construction supervisor’s examination and has been designated as the person responsible for the personal supervision of a contractor’s residential building contracting or residential roofing and repair contracting.
EMPLOYEE. A person whose compensation for construction work is reported by the employer on an Internal Revenue Service W-2 Form and is also otherwise considered an employee under applicable law.
INACTIVE CONSTRUCTION SUPERVISOR. The individual who has passed the construction supervisor’s examination and is licensed by the city but has not been designated as the construction supervisor for a residential building contractor or residential roofing and repair contracting.
PERSONAL SUPERVISION. That the construction supervisor oversees and directs the residential building contracting or residential roofing and repair contracting and that:
(1) He or she is available to his or her laborers and city inspectors; and
(2) He or she is able to and does determine that all work performed is in compliance with this chapter and all city ordinances, rules, regulations and state law.
RESIDENTIAL BUILDING CONTRACTING. The enlargement, alteration, repair, improvement, conversion or new construction of any one- or two-family dwelling, townhouses or any accessory building or structure associated with a one- or two-family dwelling or townhouses for which a building permit is required.
RESIDENTIAL BUILDING CONTRACTOR. A person who for compensation undertakes or offers to undertake residential building contracting.
RESIDENTIAL ROOFING AND REPAIR CONTRACTING. The act of replacing or installing the roof covering, replacing windows and/or doors into the same opening with no structural changes and replacing or installing siding in any one- or two-family dwelling or townhouse for which a building permit is required.
RESIDENTIAL ROOFING AND REPAIR CONTRACTOR. A person who for compensation undertakes or offers to undertake residential roofing and repair contracting.
TOWNHOUSES. A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with open space on at least two sides.
(1992 Code, § 11-81) (Ord. 115-94, passed 12-19-1994; Ord. 12-98, passed 2-2-1998; Ord. 105-08, passed 8-18-2008; Ord. 110-23, passed 11-21-2023)
(a) Except as otherwise provided herein, no person shall undertake, or offer to undertake residential building contracting or residential roofing and repair contracting until the person obtains a residential building contractors license or a residential roofing and repair contractors license.
(b) The following are exempt from the requirements of this section:
(1) Employees or bona fide subcontractors of a person licensed in accordance with this chapter when they are under the direction and control of that person;
(2) Any person engaged in other construction trades for which licenses are required by the city when that person is performing work commensurate with the respective license;
(3) A dwelling owner for work to be done on his or her property which he or she occupies as his or her own single family dwelling or will occupy as his or her own single family dwelling and when the property owner is acting as his or her own contractor; and
(4) A landlord or his or her agent for work to be done on his or her property when the landlord is acting as his or her own building contractor.
(1992 Code, § 11-82) (Ord. 115-94, passed 12-19-1994; Ord. 110-23, passed 11-21-2023)
(a) Any person desiring to engage in the business of residential building contracting or residential roofing and repair contracting shall first make an application for a license therefor to the chief building official on forms furnished.
(b) In addition to the information required in chapter 110 of this Code, the chief building official may require proof of identification and compliance with other applicable ordinances and laws of this city and the state.
(1992 Code, § 11-83) (Ord. 115-94, passed 12-19-1994; Ord. 105-08, passed 8-18-2008; Ord. 35-19, passed 3-19-2019; Ord. 110-23, passed 11-21-2023)
Persons may apply for and take the construction supervisor’s examination and upon paying the appropriate license fee may be issued an inactive construction supervisor’s license.
(1992 Code, § 11-84) (Ord. 115-94, passed 12-19-1994; Ord. 80-95, passed 6-5-1995; Ord. 12-98, passed 2-2-1998)
(a) As a condition of his or her license, each residential building contractor or residential roofing and repair contractor shall maintain and deliver to the chief building official a compliance bond in the penal sum of $20,000 in a form approved by the city with the contractor as principal on the bond and the city as obligee for its benefit and that of consumers dealing with the contractor.
(b) The bond shall be conditioned upon the faithful and lawful completion of all work entered into by the contractor within the city for compliance with all the provisions of this chapter, and for payment to the city of associated permit fees, investigation fees, citations, landfill charges, and water and street department service charges. The bond shall be in addition to all other license bonds to any political subdivision or government agency. The bond shall be written by a corporate surety authorized to transact business in the state.
(c) Claims upon the bond shall be filed by the city by reason of the principal’s failure to perform his or her obligation under the bond. The aggregate liability of the surety, regardless of the number of claims made against the bond or the number of years the bond remains in force, shall not exceed $20,000. Any revision of the bond amount shall not be cumulative.
(d) Suspension or revocation of the license of the principal shall not by itself affect the liability of either the principal or the surety on the bond except that the liability of the surety shall not extend to acts or omissions of the principal occurring after the effective date of his or her license suspension or revocation.
(1992 Code, § 11-85) (Ord. 115-94, passed 12-19-1994; Ord. 105-08, passed 8-18-2008; Ord. 82-14, passed 11-4-2014; Ord. 130-15, passed 12-15-2015; Ord. 35-19, passed 3-19-2019; Ord. 110-23, passed 11-21-2023)
As a condition of his or her license, each residential building contractor or residential roofing and repair contractor shall deliver to the chief building official and maintain proof of a general liability insurance policy with single limits of at least $300,000.
(1992 Code, § 11-86) (Ord. 115-94, passed 12-19-1994; Ord. 12-98, passed 2-2-1998; Ord. 105-08, passed 8-18-2008; Ord. 35-19, passed 3-19-2019; Ord. 110-23, passed 11-21-2023)
(a) No license shall be issued until after the designated construction supervisor has passed an examination as to his or her qualifications and fitness to perform residential building contracting or residential roofing and repair contracting. The examination shall be given under the direction of the building inspection manager. No applicant may take another examination within 30 days of having failed an examination.
(b) Applications for examination shall be made not less than one week prior to the examination date which shall be as determined by the chief building official. The examination must be completed within 120 days of the application submittal date. Failure to complete the examination within 120 days shall result in the forfeiture of the examination application fee and the application will be deemed null and void. After passing the examination, applicants shall secure the license within 90 days from the exam date.
(c) Applicants shall pay the examination fee for each exam given.
(1992 Code, § 11-87) (Ord. 115-94, passed 12-19-1994; Ord. 12-98, passed 2-2-1998; Ord. 105-08, passed 8-18-2008; Ord. 130-15, passed 12-15-2015; Ord. 35-19, passed 3-19-2019; Ord. 110-23, passed 11-21-2023)
As a condition of his or her license each residential building contractor or residential roofing and repair contractor must designate himself or herself or one employee as the designated construction supervisor who shall be responsible for the personal supervision of the contractor's residential building contracting or residential roofing and repair contracting.
(1992 Code, § 11-88) (Ord. 115-94, passed 12-19-1994; Ord. 12-98, passed 2-2-1998; Ord. 110-23, passed 11-21-2023)
It shall be the duty of the residential building contractor or residential roofing and repair contractor to immediately notify the chief building official in writing upon the designation of a new construction supervisor or the termination or death of the designated construction supervisor. Upon the termination or death of the designated construction supervisor, the residential building contractor or residential roofing and repair contractor may request in writing from the chief building official a continuance of the license, for the purpose of completing existing permitted projects only, for a period not to exceed 90 days.
(1992 Code, § 11-89) (Ord. 115-94, passed 12-19-1994; Ord. 12-98, passed 2-2-1998; Ord. 105-08, passed 8-18-2008; Ord. 35-19, passed 3-19-2019; Ord. 110-23, passed 11-21-2023)
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