(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)