Sec. 10-116. - City registration, and insurance required
(a) Application procedures; requirements.
(1) An applicant for an original registration or renewal must submit an application to the building official on a form established by the department.
(2) The building official shall have the right to investigate and examine the qualifications and fitness of an applicant.
(b) City registration cards.
(1) A registration card, bearing the building official's signature, shall be issued to each person receiving a city registration.
(2) Registrations shall be renewed prior to the expiration date. Each person holding a valid registration shall renew same in sufficient time to have the renewal form returned to the development services department with the appropriate renewal fee prior the expiration date. All city registrations shall expire two (2) years after issuance. Registrations shall be renewed prior to expiration date. Each person holding a valid registration shall renew same in sufficient time to have the renewal form and insurance information returned to the department with the appropriate renewal fee prior to registration expiration date.
(3) Each registration card, when issued to a contractor, shall be issued to a person, and registered in the name of the firm by which the person is employed. The firm shall be known as the holder of such registration and shall notify the code official if the registration holder is no longer in its employment. No further permits will be issued to the firm based upon the previous registration holder's name who is no longer employed by the firm.
(4) It shall be a violation of this Code for any person to alter or amend in any manner, lend, rent, or transfer a registration card, and for any person to make use of any such rights for which the person is not registered.
(5) Each holder of a city issued registration card shall carry the registration card on his person at all times while performing construction work covered by this Code and shall present it to the building official upon demand.
(c) Registrations or city licenses not transferable. No registration, or city license shall be transferred, and no holder of any registration shall allow his name or registration to be used by any other person, either for the purpose of performing construction work or obtaining a permit under the penalty of forfeiture of registration and payment of fines
(d) Continuation of the business upon death, disability, or termination of the business's master. Upon the death, disability or termination of a registered contractor, such business will be allowed to complete existing work for which permits had been obtained prior to the severance of such registered holder provided insurance is posted, if applicable, and sufficient evidence is submitted to and approved by the building official as to the ability of the business to complete the work in accordance with the requirements of this chapter. Monthly approval may be granted by the building official for a period not to exceed six (6) months. On or before the expiration of such period the business shall associate a registered contractor of the appropriate classification or cease operations.
(e) Qualifications of contractors. It shall be a violation of this chapter for a person who does not hold a license to engage in electrical, mechanical, plumbing, home builder, home improvement, demolition, house mover, billboard operator, commercial sign operator and/or electrical sign construction for which a permit is required, or to undertake to execute such construction or to cause the undertaking of such construction.
(f) Documentation. The building official shall adopt rules regarding the form of documentation that will be accepted as proof of compliance with any experience, verification of registration status, or other pertinent information the building official feels is relevant for inclusion.
(g) Record of issuance. The building official shall maintain a record that is available to the general public of all registrations issued pursuant to this chapter.
(h) Misrepresentation. It shall be a violation of this chapter for any person to represent themselves with any class of license or registration set forth in this Code or to use the words "electrical contractor," "master electrician," "master sign electrician," "electrician," "mechanical contractor," "master mechanical contractor," "master HVAC contractor," "master plumber," "responsible master plumber," "building contractor," "homebuilder," homebuilder contractor, "home improvement contractor" or words of similar import or meaning on signs, business cards, stationery, or by any other manner whatsoever, unless such person is properly registered/licensed within the meaning of the word used as provided in this chapter.
(i) Change of name. Upon payment of the fee set by ordinance, posting of any necessary bonds and compliance with any other requirements of this chapter, the holder of a valid license may apply to the building official for a change on the name of a registration or license.
(j) Communication, ready access, and vehicle identification.
(1) Means of communication. Every registered contractor must maintain a bona fide company address and telephone number to enable the building official to contact the contractor in case of a job discrepancy. Any person holding a registration and doing work in the city shall report to the building official any change of address and telephone number in order to allow the building official to maintain accurate registration records. Acceptable means for receiving communications include, but are not limited to, a person available at the place of business, an answering machine, voice mail, a pager, or a cellular telephone.
(2) Registered contractor present for business. The registered contractors are responsible for the general on the job or off the job oversight, direction and management of work and individuals performing work related to the registration type to fulfill the contractors responsibility to the client or employer. Registered contractors shall be present during construction related to that type of registration. "Present" shall mean: On site, in the office, or available to be reached during the times of 7:45 a.m. and 4:30 p.m. Central Standard time. Upon request of the building official, registered contractors shall make themselves available to meet on the job site.
(3) Vehicle identification. Any contractor engaged in erecting, installing, servicing, or maintaining a billboard or any person engaged in mechanical, electrical, plumbing or building construction shall ensure that all vehicles required to be on the job are identified with the contractor/company name, city registration number or state license number if applicable. For contractors operating with local license numbers, the number should be prefixed with "EM", "SM" or "HM" and those operating with state licenses shall have the TECL, TSCL or shall have the appropriately identified with the prefixes designated by the state (TDLR). Lettering on the vehicle shall be at least two (2) inches high and shall be in full view and legible at all times.
(k) Cancellation and suspension of city licenses and registration; appeals. Any license or registration granted under this chapter may be canceled, revoked, or suspended by the building official if the holder of such license or registration violates provisions of this chapter or any ordinance of the city relating to electrical work.
(1) A contractor's certificate of registration or city license may be cancelled or suspended by the building official after a hearing before the building official if the registered contractor is convicted of any penal offense arising out of or related to the performance of a registered contract or the registered contractor suffers a judgment against them in a civil action predicated upon fraud in connection with the performance of a registered contract.
(2) The building official may also administratively cancel or suspend a certificate of registration or city license after a hearing before the building official for any one or more of the following reasons:
a. Conviction or entering a plea of guilty or nolo contendre (no contest) by the registered person or entity of:
i. A felony, or
ii. Misdemeanor involving moral turpitude.
b. Conviction or entering a plea of guilty or nolo contendre (no contest) in connection with a violation of any adopted technical construction code or amendments thereto in the state;
c. Making any false statement as to a material matter in an application for registration, renewal or hearing in connection with same;
d. Three (3) separate violations of this chapter, provided the violations occur within the previous twelve-month period;
e. Upon judicial determination of an abandonment or willful failure to perform any billboard operator, commercial sign operator, mechanical, electrical, plumbing or building contract or project in or undertaken by a registered contractor, or willful deviation from or disregard of plans or specifications in any material respect;
f. Upon judicial determination that the contractor knowingly made substantial misrepresentation on the part of the registered contractor in the procurement of a contract;
g. Upon judicial determination of fraud on the part of the registered contractor in the execution of or in the material alteration of any registered contract or mortgage promissory note or other document relating to the contract;
h. Upon judicial determination that the registered contractor knowingly prepared or accepted any mortgage, promissory note or other evidence of indebtedness pertaining to a billboard, commercial sign, mechanical, electrical, plumbing, or building transaction with knowledge that it recited a greater monetary obligation than the agreed consideration for the construction work;
i. With knowledge, the billboard, commercial sign, mechanical, electrical, plumbing, or building contractor directly or indirectly published any advertisement relating to electrical construction which contains assertions, representations or statements which are false, deceptive or misleading;
j. Failure of the registered contractor to notify the building official of any change in the ownership, management, or business name;
k. Conducting a billboard, commercial sign, mechanical, electrical, plumbing, or building contractor business in any name other than the one registered;
l. Obtaining a billboard, commercial sign, mechanical, electrical, plumbing, or building permit for an unregistered contractor or for one whose registration has been suspended, cancelled or denied.
(3) The building official may take any of the following actions against the holder of the city license or certificate of registration:
a. No suspension.
b. Suspension for thirty (30) days.
c. Suspension for sixty (60) days.
d. Suspension for ninety (90) days.
e. Suspension for one hundred eighty (180) days.
f. Cancellation.
(4) The building official shall send the registered contractor a written notice of any administrative action to be taken against the registered contractor by certified mail, return receipt requested, at the last known mailing address. The notification shall give not less than ten (10) working days' notice of the hearing. The building official is authorized to conduct hearings for the purpose of making findings of fact to assist him in making his decision.
(5) A written decision to cancel or suspend a certificate of registration or city license shall be required and list the reasons for the building official's decision. This written decision shall be forwarded to the registered contractor by certified mail, return receipt requested to the registered contractor's last known address. This mailing may be waived provided that the registered contractor signs and acknowledges receipt of the written decision from the building official. The registered contractor shall then have twenty-one (21) days from receipt of this notice to appeal the building official's decision to the building-related and fire codes board of appeals. The decision of the building official shall be final after expiration of this time.
(6) Board appellate process.
a. A registered or city licensed contractor shall have the right to appeal the building official's decision in accordance with section 10-14 of this chapter.
b. A perfected appeal tolls the building official's decision to suspend or cancel the registration until the board renders its decision.
c. Neither the board nor the building official shall have any authority to suspend a registration for longer than one hundred eighty (180) days.
d. A cancellation shall prevent the registered contractor from pulling new permits for a period of at least one (1) year. For purposes of this section, a cancellation of a registration does not alleviate the registered contractor from performing current obligations or absolve them from liability under a contract. If approved by the building official, the registered contractor may perform currently permitted obligations while cancelled, the contractor shall not be subject to penalty for being unregistered. All other code provisions are applicable. Upon the expiration of a one-year period, a contractor may apply for a new certificate of registration. No provision of this section shall be interpreted to mean that a new certificate of registration will be issued after a prior certificate of registration has been cancelled. A denied applicant for a new certificate of registration is required to wait one year before applying again. There shall be no limit on the number of times a denied applicant may reapply.
e. A suspension shall prevent the registered contractor from pulling new permits in the city for the suspension time period. A suspension of registration does not alleviate the registered contractor from performing currently permitted obligations under the registered contract. If approved by the building official, the contractor shall not be subject to penalty for operating while suspended when performing currently permitted obligations. However, all other code provisions apply. The board's decision to affirm or affirm as modified a suspension of a registration means that the suspension time begins the following working day.
(l) Violations under this section. The following list shall constitute a non-exclusive list of violations under this section. It is unlawful for any registered contractor to:
(1) Display or cause a permit to be displayed or to have in one's possession any instrument purporting to be a registration, city license, or state registration for doing any construction work, knowing it to be fictitious or to have been canceled, suspended or altered;
(2) Lend or permit the use of any registration for doing any construction work to any person not entitled to it;
(3) Allow any person to display or to represent as one's own city registration, city license or state license for any construction work when the registration, city license or state license has not been lawfully issued to the person displaying it;
(4) To fail or refuse to surrender to the building official on demand any registration or city license for the doing of any mechanical, electrical, plumbing or building work, which has been suspended, canceled or revoked as provided for in this chapter;
(5) To apply for or have in one's possession more than one current registration or city license of the same type provided for in this chapter;
(6) Use a false or fictitious name or address in any application for any registration or permit provided for in this chapter or any renewal or make a false statement or conceal a material fact or otherwise commit fraud in making any application;
(7) Perform any contractor work for which a registration, city license or state license is required without having the registration, city license or state license or while the registration, city license or state license is suspended, expired or canceled;
(8) Perform any work for which a permit is required without having the permit or after the permit has been canceled;
(9) Fail or refuse to make the necessary repair or changes for code violations as provided in a written notice issued by the building official. A reasonable amount of time shall be granted in the written notice taking into consideration the work to be completed and the circumstances. A separate violation is deemed to be committed each day after the expiration of the time for correction provided in the notice until the work is corrected;
(10) Permit any construction work covered by this section to be performed by any person not properly registered, while in control of premises covered by this section;
(11) Remove, break, change, destroy, tear, mutilate, cover or otherwise deface or injure any official notice or seal posted by the building official;
(12) Place or leave the property in such condition that it injures or endangers persons or property authorized to be on the construction site.
(Ord. No. 2025-01-30-0075, § 1(Att. 1), 1-30-25)