733.29  CONTRACTORS.
   (a)   License Fee.  The annual license fee to act as a contractor, as contractor is defined in subsection (b) hereof shall be the same as the annual fee charged by the State Contractor Licensing Board for a state contractor’s license.  The fee for the contractor’s license, however, shall be prorated after six months of the fiscal year, and again after nine months of the fiscal year.
   (b)   Definition.  “Contractor”, for the purpose of this section, and in compliance with West Virginia Code 21-11-3, 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 the undertaking is two thousand five hundred dollars ($2,500) or more.
   Contractor includes but is not limited to a construction manager, electrical contractor, general building contractor, general engineering contractor, heating, ventilating and cooling contractor, multifamily contractor, piping contractor, plumbing contractor, residential contractor or specialty contractor as those terms are defined in West Virginia Code 21-11-3.
   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 registred as a professional and who functions under the control of any other 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 or his or her employment, performs any work which may be considered to be performing contracting work;
      (4)   A pest control operator licensed under the provisions of section seven, article sixteen-a, chapter nineteen of the West Virginia Code to engage in the application of pesticides for hire, unless the operator also performs structural repairs exceeding one thousand dollars ($1,000) on property treated for insect pests; or
      (5)   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 section.
      (6)   This section shall be given the effect and interpreted so as to require each and every sub-contractor listed on a building permit application to be licensed in accordance with this section in order for a building permit to be issued to the general contractor.
      (7)   Any contractor, as described in this section, shall obtain a contractor’s license before a building permit shall be issued him.
   (c)   Except as otherwise provided in this section, the following are exempt from licensure:
      (1)   Work done exclusively by employees of the United States Government, the State of West Virginia, a county, municipality or municipal corporation, 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 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 property owned or leased by the employer which is not intended for speculative sale or lease;
      (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 by the owner of a facility by registered professional engineers licensed pursuant to the laws of this State when the work to be  performed because of its specialized nature or process cannot be reasonably or timely contracted for within the general area of the facility.
   (d)   Any and all contractors and sub-contractors shall be current on their Business and Occupation taxes before a contractor’s license shall be issued.
   (e)   The above requirements for “contractor” shall not apply where the undertaking is not defined as the work of “contractor” according to the definition set forth above.  However, such persons or firms shall be required to file an affidavit with the City Treasurer or his agent stating that the undertaking is two thousand five hundred dollars ($2,500) or less, or the undertaking is not to construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any load bearing structure or structural component regardless of the cost of the undertaking; or the undertaking is not the defined as work of “Electrical Contractor”, “Heating, Ventilating and Cooling Contractor”, or “Plumbing Contractor” regardless of the cost of the undertaking.  Violation of any of the provisions of this subsection or any false statement contained in the affidavit shall result in disqualification from performing any undertaking of work in the City for the remaining portion of the fiscal year.
(Ord. 2153.  Passed 7-21-11.)