9-1A-1: SCOPE OF LICENSES:

   A.   Residential Building Contractor:

      1.   License Required: Under the city building code, all residential building contractors who contract with an owner to construct or improve dwellings for habitation by one to four (4) families and who provides two (2) or more special skills (services) for a consumer, must be licensed unless exempt under the provisions noted in subsection 9-1A-2F of this article.

      2.   Defined: A "residential building contractor" is any corporation, company, partnership or person in the business of contracting or offering to contract with any residential owner to construct residential dwellings and/or any portions thereof and said construction involves two (2) or more of the following: excavation, masonry/concrete work, carpentry, interior or exterior finishing, drywall and plaster or roofing. A residential building contractor may also contract or offer to contract with an owner to remodel or repair any existing residential property.

   B.   Residential Remodeler:

      1.   Defined: A "residential remodeler" is defined as any person in the business of contracting or offering to contract with an owner to perform any construction work on an existing residential structure.

      2.   Limitations: A residential remodeler is permitted to work only on existing structures and is specifically prohibited from changing the "footprint" of the existing structure. A "footprint" is defined as the actual size of the structure upon which work is permitted pursuant to this section.

   C.   Residential Roofing Limited: Those who are qualified to install, repair and replace residential steep roof coverings. Work may include fabrication and installation of sheet metal incidental to residential steep roof coverings and installation of asphalt shingles, asphalt roll roofing materials, clay tile, concrete tile, slate, wood shake or shingles and other prefabricated shingle products. (Ord. 5369, 9-26-2016)

9-1A-2: LICENSING REQUIREMENTS:

   A.   License Required: Any contractor who constructs, remodels, repairs or performs any two (2) of the following work, said contractor shall be licensed as applicable in subsections 9-1A-1A through C of this article: excavation, masonry/concrete, carpentry, interior finishing, exterior finishing, drywall and plaster or roofing.

   B.   Roofing License Requirement: A separate license is required for any person who engages in the business of working on residential one-, two-, three- or four-family dwellings in roof coverings, roof sheathing, roof weatherproofing and insulation, and any repair of roof systems.

   C.   Company License: Any contractor other than a natural person must designate one individual to serve as a qualifying person who must take the licensing examination.

      1.   Sole Proprietorship: The qualifying person of a sole proprietorship may be the owner or managing employee.

      2.   Partnership: Any partner or managing employee may be the qualifying person.

      3.   Corporation: The qualifying person must be the chief executive officer or a managing employee.

   D.   Qualifying Person: If the qualifying person is a managing employee, the latter must be an employee who is regularly employed by the company and actively engaged in the classification of work for which the license is to be obtained.

   E.   Licensing Exams: The examinee must achieve a passing score in order to obtain a license. The exams shall test an applicant's knowledge of the rules, regulations, materials, building practices, as well as the various aspects of the construction business.

   F.   Exemption: The legal owner of any residential property shall not be required to be licensed as a contractor in order to remodel or repair the owner's own property. However, permits must be obtained.

   G.   Homeowner Building Own Home For Residence:

      1.   Owners building their own home shall comply with the rules outlined in the document "Building Permits Issued To Homeowners For Homeowners Building Their Own House" no. HBOH03.

      2.   This document shall be recorded on the abstract of the property and shall remain in force until the time limit listed in the document has expired.

      3.   This document will ensure homes not being built by licensed homebuilders will meet code requirements and be safe for life, limb and health years into the future. (Ord. 5369, 9-26-2016)

9-1A-3: GENERAL CONTRACTORS BOARD OF LICENSING, EXAMINERS AND APPEALS:

   A.   Board Established: There is hereby established a general contractors board of licensing, examiners and appeals, hereinafter referred to as the board, with authority and responsibility as follows:

      1.   Authority to license a corporation, company, partnership or a person as a residential building, residential remodeler, limited roofing, unlimited roofing contractor.

      2.   To periodically review the provisions of the Waterloo building code and recommend to the building official changes to said code.

      3.   Review issues and concerns of the building industry as they relate to inspection and code administrations.

      4.   To review complaints against any contractor, and upon substantiation of the complaint, the board may require the contractor to be relicensed. Upon the third and subsequent complaints, the board may, by majority vote, suspend or revoke the contractor's license.

      5.   Review and act on appeals by contractors, homeowners or any party affected by the decision of the building official. The building official may convene the board to assist in evaluating the merits of a proposed product or method of construction, or assist in the interpretation of code revisions. The board shall not rule on matters pertaining to electrical, plumbing or mechanical questions. As an appeals board, it is limited by the authority granted by the current adopted building codes.

   B.   Composition Of Board: The board shall consist of nine (9) members, all of whose place of business or residence is located in Black Hawk County. All members shall be qualified by experience and training to evaluate applicants for testing. The membership shall be as follows: three (3) residential contractors, two (2) commercial contractors, one design professional (construction related), one roofing contractor and two (2) at large. The building official shall act as secretary to the board. No one company or interest shall have more than one member on the board.

   C.   Appointment And Terms Of Office: The members of the general contractors board of licensing, examiners and appeals shall be appointed by the mayor with the approval of the city council. After the initial appointment of the board, the terms of the members shall be for three (3) years except that the initial terms shall be so arranged and staggered that the terms of no more than two (2) members shall expire on December 31 of any one year. A vacancy within any term shall be filled by appointment of the mayor with the approval of the city council for the unexpired portion of that term only. The members of the board shall serve without compensation.

The board shall designate a member as chair and vice chair and shall adopt reasonable rules for conducting its investigations and proceedings, and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant and may recommend to the city council new legislation as is consistent therewith.

   D.   Quorum: Five (5) members of the board shall constitute a quorum for the transaction of business, provided that a decision on a matter relating to a specific license shall not be valid unless decided in the presence of a board member who holds a similar valid license. Any vote taken for the purpose of suspending or revoking a contractor's license shall require a majority vote of all members appointed to the board.

   E.   Powers And Duties: The general contractors board of licensing, examiners and appeals shall have the following powers and duties:

      1.   To prescribe rules for the conduct of examinations of applicants for licenses.

      2.   To hold regular meetings when determined necessary for the purpose of conducting examinations of applicants for contractor licensing.

      3.   To examine applications and applicants for licenses as residential building, residential remodeler, and residential roofing contractor.

      4.   To act upon reports of violations by licensed contractors' licensing.

      5.   To prescribe rules consistent with the provisions of this code for hearings before the board to suspend, revoke or reinstate licenses.

      6.   To keep a complete record of the official proceedings of the board; to preserve all documents, books, and papers relating to appeals, examinations for licenses, and hearings of complaints and charges for at least five (5) years.

      7.   Establish guidelines from homeowners performing any construction regulated by codes adopted by the city of Waterloo as they pertain to building new one- and two-family dwellings and additions onto existing homes.

   F.   Waiver Of Examination: The board may, by the majority vote of all of the members present, issue to any applicant possessing a valid contractor's license from any other state, after satisfying itself of the validity of such license, and the qualifications of the holder thereof, waive examination of such applicant and upon compliance with all other regulations in this code, issue to the applicant the applicable license as set forth in section 9-1A-1 of this article.

   G.   Waiver Of Examination For Contractor: After satisfying itself of the validity of a license from any other city or state, the ability of the holder of said license to competently conduct himself as a building contractor, the board may, by the majority vote of all of the members present, issue a contractor's license without requiring examination therefor. (Ord. 5369, 9-26-2016)

9-1A-4: APPLICATION FOR LICENSE:

   A.   Application: An applicant for a license under the provisions of this article must submit an application to INRCOG on a form prescribed by INRCOG. Within thirty (30) business days of receiving all required information, INRCOG must act on the license request. If one of the categories in the application does not apply, the applicant must state the reason. The board may refuse to issue a license if the application is not complete or contains false information in reference to subsections A1 through A6 of this section.

      1.   Iowa workers' compensation insurance certificate;

      2.   Employment insurance account number;

      3.   Certificate of liability insurance with a thirty (30) day cancellation clause;

      4.   Type of license requested;

      5.   Name and address of the applicant:

         a.   Name and address of the applicant's qualifying person, if other than applicant; and

         b.   If the applicant is a sole proprietorship, the name and address of the sole proprietor; if the applicant is a partnership, the name and address of each partner; if the applicant is a limited liability company, the name and address of each manager; if applicant is a corporation, the name and address of each of the corporate officers, directors and all shareholders holding more than ten percent (10%) of the outstanding stock in the corporation;

      6.   Whether the applicant, any employee, or qualifying person has ever been licensed in this or any other state and has had a professional or vocational license refused, suspended, or revoked, or has been the subject of any administrative action.

   B.   Examination: Each qualifying person must satisfactorily complete a written examination for the type of license requested. The board may establish the examination qualifications, including related education experience and education, the examination procedure, and the examination for each licensing group.

   C.   License Issuance: Upon passing the written examination and posting a passing grade of seventy percent (70%) or better, a license application shall be completed and submitted to the contractors board of licensing and examiners for review and approval. After paying necessary fees, a contractor's license will be issued by the Iowa Northland Regional Council Of Governments (INRCOG). (Ord. 5369, 9-26-2016)

9-1A-5: RESERVED:

(Ord. 5369, 9-26-2016)

9-1A-6: LICENSE FEES:

   A.   The licensing fee for persons licensed pursuant to section 9-1A-1 of this article is seventy five dollars ($75.00) per year.

   B.   Fees shall be paid on or before December 31 of each year following the date of licensing. There shall be no proration of fees for partial year licenses.

   C.   The contractor's license shall be registered with the Iowa Northland Regional Council Of Governments (INRCOG) located at 229 E. Park Avenue, Waterloo, IA 50703. The registration fee is fifteen dollars ($15.00) per year. (Ord. 5369, 9-26-2016)

9-1A-7: CERTIFICATES REQUIRED:

   A.   Competency: A certificate of competency shall be received from an accredited testing agency for contractors. The testing agency shall be registered with the building department of the city. The building department shall provide information on competency testing, test sites, test dates, and material covered by the test.

   B.   Insurance:

      1.   Certificate Required; Limits:

         a.   A contractor shall show proof of registration with the state and shall execute and file with the building official (or a specified intergovernmental agency if so designated by the building official) a certificate of insurance written by a company authorized to transact business in the state, in limits of not less than three hundred thousand dollars ($300,000.00) combined single limit to any person and one hundred thousand dollars ($100,000.00) property damage; said certificate to be written on a standard form and carrying an endorsement naming the city and its employees (or the intergovernmental agency designated by the building official) as additional insureds as its interest may appear and conditioned upon the faithful performance of all duties required of such contractor by any ordinances, rules and regulations of the city. It shall be a further condition of said certificate of insurance that the obligator will hold the city (through the specified intergovernmental agency if so designated) harmless from any and all damages sustained by reason of neglect or incompetency on the part of such contractor, his agents or employees in the performance of the work done under a license or permit issued upon the filing of said certificate.

         b.   Said certificate of insurance shall be issued by December 31 of each year, and shall be refiled on or before said date for each subsequent year and shall be in continuous full force and effect. That it is the intent and purpose of said certificate of insurance to also bind the individual, company, firm, association or partnership, whether it be trade name, corporation, or other business association or arrangement with which the principal is associated.

         c.   Homeowners working on their principal residence shall be exempt from filing said certificate.

      2.   Work Done By Owner: Where a person desires to remodel or repair any single-family residential building or structure of which he or they are the owner/occupant, such work may be done by a member of his or their household without requiring the certificate of insurance otherwise required by this subsection.

         a.   Required permits shall be necessary for all remodel or repair work.

         b.   No owner or owner of record shall replace, remodel or repair any electrical, plumbing or heating on any property that they are not the owner/occupant.

         c.   With the approval of the building official, an owner who intends to repair or remodel an existing house in order to occupy that same structure at completion of work, may be considered an owner/occupant for the purposes of this section. (Ord. 5369, 9-26-2016)

9-1A-8: CHANGE IN INFORMATION:

   A.   Notice Of Change: Not later than fifteen (15) business days after there is a change in the licensee's personal name, trade name, qualifying person, or address or business location, written notice must be provided to INRCOG of such change. Upon receipt of the written notice, INRCOG shall issue an amended license, if required, for the unexpired duration of the license.

   B.   Loss Of Qualifying Person: Upon the departure or disqualification of a licensee's qualifying person because of death, disability, retirement, position change or other reason, the licensee must notify INRCOG within sixty (60) business days. The licensee shall have one hundred twenty (120) days from the departure of the qualifying person to obtain a new qualifying person. Failure to secure a new qualifying person within one hundred twenty (120) days shall result in the automatic termination of the license, and the applicant must requalify as required under this article. (Ord. 5369, 9-26-2016)

9-1A-9: DENIAL, SUSPENSION OR REVOCATION OF LICENSE:

The general contractors board of licensing, examiners and appeals may, by majority vote, deny, suspend or revoke any license or may censure a licensee for failure to comply with any of the following:

   A.   Has filed an application for a license which is incomplete in any material respect or contains any statement which is false or misleading;

   B.   Has engaged in a fraudulent, deceptive or dishonest practice;

   C.   Is permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the business;

   D.   Has failed to reasonably supervise employees, agents, subcontractors or salespersons, or has performed negligently or in breach of contract so as to cause injury or harm to the public and/or the city;

   E.   Has violated or failed to comply with any of the licensing provisions of sections 9-1A-1 through 9-1A-6 and 9-1A-8 of this article;

   F.   Has been shown to be incompetent, untrustworthy or financially irresponsible; or

   G.   Has been convicted of a violation of any building code of the cities of Waterloo or Cedar Falls and/or the county of Black Hawk. (Ord. 5369, 9-26-2016)