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(a) There is hereby created a separate Board of Control for the home improvement and home remodeling business.
(b) The Board shall consist of eight members to be appointed in a manner provided in the Charter, namely: the inspector in charge; a civil engineer or architect; three license holders in the home improvement and remodeling business, one of whom shall be a registered builder, two citizens at large; and a representative from the Civil Service Commission staff. The civil engineer or architect and three license holders in the home improvement and remodeling business must be residents of the City or principals in firms having their primary office inside the corporate limits of the City. The representative from the Civil Service Commission staff shall be a non-voting member of the Board of Control.
(c) The Board shall meet at least quarterly, and any member who misses three consecutive meetings shall automatically be discharged from such Board and a replacement made by the Mayor.
(d) The Mayor, in addition to the inspector in charge who shall act as secretary of the Board, shall appoint two members for a term of one year; two members for a term of two years, and two members for a term of three years. Upon the expiration of the term of a member of the Board, his successor shall be appointed for a term of three years. The Mayor shall also fill any vacancies on the Board.
(e) The Board of Control shall formulate rules and regulations governing the practice and business of home improvement and remodeling as may be necessary to carry out the provisions of this chapter. These rules and regulations shall be filed with the Clerk of Council and shall be published in the Toledo City Journal. It shall require a concurrence of a majority of the voting members of the Board to revoke a home improvement and remodeling license, as provided in Section 1313.12.
(f) The Board of Control, the Division of Building Inspection and the Civil Service Commission staff shall prepare examinations and conduct examinations for all applicants for registration whose applications have been received by the Commissioner of Building Inspection in accordance with the provisions established in Section 1313.07.
(Ord. 126-15. Passed 3-31-15.)
Should the Board of Control upon reasonable cause to believe that any licensee or any other person has violated any of the provisions of this chapter or any other law relating to the home improvement business, it shall have the power to make such investigation as it deems necessary, with the cooperation of the Division of Building Inspection and its City-employed staff. For this purpose, it may examine such licensee or any other persons.
(Ord. 126-15. Passed 3-31-15.)
No person shall do or attempt to do any of the following acts and the Board of Control shall have the power to levy fines against said person in accordance with Section 1313.13 below, or to suspend or revoke any licenses issued under the provisions of this chapter at any time where the licensee is performing or attempting to perform any of the acts mentioned herein:
(a) Abandonment without legal excuse of any improvement or remodeling project engaged in or undertaken by the licensee;
(b) Diversion of funds or property received for prosecution or completion of a specific improvement or remodeling project or operation, or for a specified purpose in the prosecution or completion of any improvement or remodeling project or operation, and their application or use for any other improvement or remodeling project or operation, obligation or purpose;
(c) Failure to account for or to remit any moneys coming into his possession which belong to others;
(d) Willful departure from or disregard of plans or specifications in any material respect and prejudicial to another, without consent of the owner or his duly authorized representative;
(e) Willful or deliberate disregard and violation of the building laws of the City;
(f) Misrepresentation of a material fact by an applicant in obtaining a license;
(g) Making any substantial misrepresentation, or making any false promise of a character likely to influence, persuade or induce;
(h) Changing business location or control of the ownership, management or business name without notification to the Commissioner of Building Inspection.
(Ord. 126-15. Passed 3-31-15.)
The Board of Control shall, before suspending or revoking any license and at least ten days prior to the date set for the hearing, notify in writing the holder of such license of any charge or charges made against him, and shall furnish such licensee with a copy setting forth the charge or charges and afford such licensee an opportunity to be heard in person or by counsel in reference thereto. Such written notice shall be served by delivery of the same personally to the licensee or by mailing same by registered mail to the last known business address of such licensee. The hearing on such charges shall be at the time and place as the Board of Control shall prescribe. If the Board of Control determines that any licensee is guilty of any violation of any of the provisions of this chapter, such license shall be suspended or revoked for such period of time as shall be determined by the Board of Control.
(Ord. 126-15. Passed 3-31-15.)
In accordance with the provisions of Section 1313.10, the Board of Control shall have the power to levy fines against contractors found to have been in violation of the provisions of Section 1313.10 of this Building Code. The levying of fines shall not preclude any other legal recourse which the Board of Control may have, including suspension and revocation of the license holder's license. Fines shall be levied in accordance to the following schedule. If three (3) years occurs between offenses, the violation shall be reduced to the previous fine but shall never be less than a first offense.
(a) $500 for each first offense;
(b) $1000 for each second offense;
(c) $2000 for each third offense; and
(d) $3000 for each offense thereafter.
(Ord. 126-15. Passed 3-31-15.)