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As used in this chapter certain words are defined as follows:
(a) "Persons" means any individual, firm, company, partnership, association, corporation or any other organization, or any combination thereof.
(b) "Home improvement and remodeling" means the construction, repair, replacement, remodeling, alteration, conversion, rehabilitation, renovation, modernization, improvement or addition to any residential structure, or combination of residential and commercial structure, and shall include but not be limited to the construction, erection, replacement or improvement of windows, siding, roofing, insulation, concrete or mortar work, fencing over 6'-0" in height, pools greater than 24'' deep, and other improvements. It shall not include the construction of a new home building or work done in completion of a new building project, or construction and resurfacing of driveways, or painting or decorating of a building, resident home or apartment, when not incidental or related to home improvement work as previously defined, or to landscaping, carpeting or fencing under six feet in height.
(c) "Licensee" means a person permitted to engage in the home improvement business under the provisions of this chapter.
(d) "Commissioner" means the Commissioner of Building Inspection.
(e) "Board of Control" means the City's Home Improvement and Remodeler's Board of Control which is a Mayor-appointed citizen's commission established to regulate the home improvement and home remodeling business as it is practiced in the City of Toledo.
(Ord. 126-15. Passed 3-31-15.)
(a) No person shall engage or act in any capacity in the business of home improvements or home remodeling without first obtaining a license therefor, as provided in this chapter. There shall be two categories of licenses issued: a Certified Home Improvement and Remodeling Contractor's License (Certified Remodeler's License) and a Limited Home Improvement and Remodeling Contractor's License (Limited Remodeler's License).
(1) A Certified Home Improvement and Remodeling Contractor's License (Certified Remodeler's License) shall be granted by the City of Toledo and its Board of Control to an individual who demonstrates his knowledge of and experience in construction and remodeling structures regulated by the Residential Code of Ohio. An applicant for a Certified Remodeler's License shall successfully pass the International Code Council's (ICC) Remodeling Contractor's examination, the City's Remodeling Contractor's licensing examination, and provide proof of at least five (5) years experience working in the home improvement and home remodeling business.
(2) A Limited Home Improvement and Remodeling Contractor's License (Limited Remodeler's License) shall be granted by the City of Toledo and its Board of Control to an individual who specializes in the replacement of windows and roofing, the installation of insulation and siding, the installation and replacement of fencing, and the installation and repair of swimming pools. An applicant for a Limited Remodeler's License shall successfully pass the City's Remodeling Contractor's examination and provide proof of at least five years experience working in the home improvement and home remodeling business in his specialized field.
(b) An agent of the contractor may solicit, canvass, or sell a home improvement proposal. A licensed home improvement or remodeling contractor must sign the proposal for the proposal to be a contract.
(c) A license issued pursuant to this chapter may not be construed to authorize the licensees to perform any particular type of work or engage in any kind of business which is reserved to qualified licensees under separate provisions of State or local law, nor shall any license or authority other than as is issued or permitted pursuant to this chapter authorize engaging in the home improvement business.
(d) No license shall be required for work done by any of the following:
(1) An owner.
(2) A legally appointed fiduciary for the owner.
(3) A management company regularly employed by the owner.
(4) A maintenance man regularly employed by any of the above.
(e) No license shall be required by any workman who is under contract to, or employed by, a licensee.
(Ord. 126-15. Passed 3-31-15.)
(a) Fees. The initial test application fee for both the Certified Remodeler's License and the Limited Remodeler's License shall be two hundred dollars ($200.00), described further in Section 1313.06
(b). The annual renewal fee for both categories of licenses shall be one hundred forty dollars ($140.00).
(b) Duplicate - Replacement License. The fee for issuing a duplicate license which replaces one lost, destroyed or mutilated shall be fifty dollars ($50.00) and shall bear the word "duplicate" stamped on it.
(c) Renewal of licenses.
(1) Expiration. Licenses issued in accordance with this chapter shall expire at 12:00 p.m., local time, on December 31, but may be renewed for the next succeeding year period by the payment of the annual renewal fee on or before close of business, January 31, of the succeeding year.
(2) Late renewal or renewal after expiration. A person holding a valid license under the provisions of this chapter in any year who fails to renew such license before the annual renewal fee is due, as provided in subsection (a) hereof, shall be subjected to the following penalty as part of the renewal requirements.
A. Certified Remodeler's License and/or Limited Remodeler's License: $140.00 annual fee + $100.00 per month penalty, up to December 31st of the year in which the renewal was due (maximum $1,240.00 total).
(3) If a license holder fails to renew his license by December 31st in the year in which the license renewal was due, the contractor shall be considered as a new applicant and before receiving a new license, shall be required to meet all the requirements of a new applicant, including passing the examinations identified in TMC Section 1313.07 and paying the original registration fee in TMC Section 1313.04 (a) (b).
(d) Continuing Education. All home improvement and remodeling contractors licensed with the City of Toledo shall be required to complete ten (10) hours of continuing education yearly, as established by the Board of Control. If the licensee fails to submit proof of the required continuing education for the annual license renewal, the license shall not be renewed and the licensee must reapply as a new applicant subject to the requirements of Chapter 1313
.
(Ord. 126-15. Passed 3-31-15; Ord. 236-23. Passed 5-2-23.)
(a) No license shall be assignable or transferable. However, a licensee may use his license in another company providing he has an ownership position in that company. Further, after the death of a license holder, a home improvement business may be allowed to continue to operate for a period of one year in an interim status by contracting with a separate licensed contractor who would assume responsibility per this Chapter 1313.
(b) A license issued hereunder shall at all times be posted in a conspicuous place in the place of business of the licensee.
(c) Every licensee shall, within ten days after a change of control in ownership, or of management, or of a change of address or trade name, notify the Commissioner of Building Inspection of each change.
(d) If the licensee has more than one place of business, a separate license shall be necessary for each location. Each license shall cost the same as the first ($140) and shall be renewed in accordance with the provisions of this chapter.
(Ord. 126-15. Passed 3-31-15.)
(a) An application for a license, or renewal thereof, shall be made to the Commissioner of Building Inspection on a form prescribed by him. Each applicant for a license shall furnish a sworn statement setting forth his present business and resident addresses and also stating the name of the person, firm, partnership, association or corporation, and the location of the place or places for which such license is desired, and it shall also set forth the period of time, if any, during which the applicant has been engaged in the business. Such application shall be executed by such person, or by any officer or member thereof. The Commissioner of Building Inspection is hereby authorized to require and procure any and all satisfactory proof which he deems necessary with reference to the honesty, truthfulness and reputation of any applicant for a license under this chapter, or of any of the officers or members of any such applicant prior to the issuance of any such license.
(b) The fee for the examination for a license to engage in the business of home improvement and remodeling shall be two hundred dollars ($200.00), which amount shall accompany the application therefor.
(c) Each application for a license or renewal thereof shall be accompanied with a contractor's agreement, filed with the Commissioner of Building Inspection, acknowledging their knowledge of the requirements of Part Eleven, Sections 1103.0300, 1111.1000, and 1111.1100 of the Toledo Municipal Code requiring the approval of a historic district commission for any environmental changes to property within the historic district, and agreeing to comply with its provisions.
(Ord. 126-15. Passed 3-31-15.)
(a) Scope. Applicants must successfully be examined by the Board of Control and the Division of Building Inspection staff to determine their knowledge, ability and qualifications to engage in or work at the trade for which they have made an application. There shall be two (2) examinations for those applicants seeking a Certified Remodeler's License. The first exam shall be the Contractor's Exam "C" offered and administered by the International Code Council (ICC). The applicant must receive a passing grade on this examination before taking the second exam. The Board of Control and the Division of Building Inspection shall formulate the questions for the second exam, the City of Toledo's Remodeler's Exam. Applicants for both the Certified Remodeler's License and the Limited Remodeler's License must successfully pass the Board of Control's Remodeler's Exam.
The City's Board of Control examination shall be held in the presence of the Commissioner of Building Inspection or his delegated alternate, a member of the Board of Control and a member of the Civil Service Commission staff. The Commissioner of Building Inspection or his delegated alternate shall receive from the applicant his completed examination papers and these examination papers shall remain in the control of the Commissioner of Building Inspection until the examination paper is graded in the presence of the Commissioner of Building Inspection or his delegated alternate, the Chairman of the Board of Control or his delegated alternate and a member of the Civil Service Commission staff.
(b) Records. Examinations shall be in writing and the examination results shall be kept in the office of the Commissioner of Building Inspection. Records shall include dates, names, grades received and type of examination taken.
(c) Time and Date of Examination. The Commissioner of Building Inspection shall be responsible for determining the times and place of the examination and shall be responsible for holding and conducting the examinations for all applicants for certification whose applications have been received by the Commissioner of Building Inspection as herein provided.
(d) Failure to Pass. The applicant must provide proof of a passing grade for the ICC part of the exam and obtain at least a seventy percent on the Building Inspections part of the examination.
(Ord. 126-15. Passed 3-31-15.)
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