705.01 Purpose.
705.02 Definitions.
705.03 Necessity for license; exemptions.
705.04 Town license, application; issuance; fees.
705.05 Unlawful use, assignment or transfer of license.
705.06 Prerequisites to obtaining a building permit.
705.07 Payment of Town taxes required; notice prior to issuance of building permit; reporting requirements.
705.08 Article supersedes other provisions.
705.99 Penalty.
CROSS REFERENCES
Authority to License - see W.Va. Code 8-13-4
State licensing of Contractors - see W.Va. Code Art. 21-11
The purpose of this article shall be to insure that all persons desiring to perform contracting work in this Municipality are duly licensed by not only the State, but by the Town, so as to ensure capable and skilled craftsmanship is utilized in construction projects in the Town, both public and private, and to ensure fair bidding practices between competing contractors through uniform compliance with the laws of this State and Town, and to protect the public from unfair, unsafe and unscrupulous bidding and construction practices. (Passed 5-21-24)
(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. "Contractor" includes subcontractors and all contractors itemized under West Virginia Code § 21-11-5, including electrical general building contractors, general engineering contractors, heating, ventilating and cooling contractors, multi-family contractors, piping contractors, residential contractors and specialty contractors.
"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 it is 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, and whose primary business is real estate sales, appraisal, development, management or maintenance, who is acting in his or her respective professional capacity, and any employee of such professional, acting in the course of his or her employment who performs any work which may otherwise 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 subsection (a) hereof and, who employs a full-time 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 Town 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.
(e) "Handyman Contractor" means a contractor defined in subsection (a) hereof, whose total gross income within the Town limits is less than five thousand dollars ($5,000) per job. (Passed 5-21-24)
(a) On or after the effective date of this article, no person shall engage in this Town in any act as a contractor, as defined in this article, unless such person holds a valid license issued under the provisions of this article. No firm, partnership, corporation, association or other entity shall engage in contracting in this Town 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 both the Town and state 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 state license number shall be included in all contracting advertisements and on all fully executed and binding contracts.
(c) Except as otherwise provided in this Code, the following are exempt from licensure:
(1) Work done exclusively by employees of the United States Government, the State of West Virginia, the County of Monongalia, the Town of Star City, and any other 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 purposes or for a farming enterprise;
(4) A material supplier who renders advice concerning use of products sold and who does not actually provide construction or installation services;
(5) Work performed by a public utility company regulated by the West Virginia Public Service Commission and its employees, but this exemption does not apply to private contractors employed by the public utility to perform work for the utility;
(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, and performed 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 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. (Passed 5-21-24)
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