Building Contractors

Saint Paul Legislative Code tit. XXIX, ch. 326

in effect

Saint Paul Legislative Code § 326.01 License required.

Sec. 326.01. - License required. No person shall own, maintain, conduct, operate or engage in the business of building contracting in Saint Paul without a license as prescribed under Minnesota Statutes Section 326.83 or, in the case of state licensing exemptions, under this chapter. (Code 1956, § 27.02(1); C.F. No. 95-1338, § 1, 3-6-96)

Saint Paul Legislative Code § 326.02 Definitions.

Sec. 326.02. - Definitions. As used herein, the following words and phrases shall have the meanings herein ascribed to them, except in those cases where the context clearly indicates a different meaning: (1) Building contracting business means the construction, including excavation, of a new home, building or work done by a building contractor in compliance with a guarantee or completion of a new building project, or the repair, replacement, remodeling, painting or redecorating, alteration, conversion, modernization, improvement or addition to any land or building, including excavation, or that portion thereof which is used or designed to be used as a residence building containing not more than four (4) dwelling units and shall include, but not be limited to, the installation, construction, replacement or improvement of driveways (concrete or blacktop), swimming pools, porches, garages, fallout shelters, central heating or air conditioning systems, central vacuum cleaning systems, storm windows, awnings or fire or burglar alarms and other improvements to structures or upon land which is adjacent to a dwelling house. (2) Building contractor means any person, other than a bona fide employee of the owner, who owns or operates a building contracting business or who undertakes or offers to undertake or agrees to perform any new construction or improvement, whether or not such person is licensed or subject to the licensing requirements of this chapter and whether or not such person is a prime contractor or subcontractor with respect to the owner. This shall not apply to any person who performs work without compensation. (3) Building contract means an oral or written agreement between a contractor and an owner for the performance of a building contract, and includes all labor, services and materials to be furnished and performed thereunder. (4) Building contractor's establishment means any shop, establishment, place or premises where a building contractor's business is carried on. (5) Licensee means a person licensed to engage in the building contracting business under the provisions of this chapter. (6) Owner means any homeowner, tenant or any other person who orders, contracts for or purchases the services of a building contractor, or the person entitled to the performance of the work of a building contractor pursuant to a building contract. (7) Person means an individual, firm, partnership, association, corporation or other group acting as a unit, however organized. (Code 1956, § 27.01; Ord. No. 17317, § 1, 12-24-85)

Saint Paul Legislative Code § 326.03 Activities not authorized.

Sec. 326.03. - Activities not authorized. (a) A license issued pursuant to this chapter may not be construed to authorize the licensee to perform any particular type of work or 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 a person to engage in the building contracting business. (b) If complaints are received on work performed in the city by contractors licensed by the state pursuant to section 326.01, it shall be the responsibility of the department of safety and inspections to forward all such complaints for investigation and disposition to appropriate officials at the state department of commerce. (Code 1956, § 27.02(2); C.F. No. 95-1338, § 2, 3-6-96; C.F. No. 07-149, § 83, 3-28-07)

Saint Paul Legislative Code § 326.04 Exceptions.

Sec. 326.04. - Exceptions. (a) No license shall be required pursuant to this chapter for any person who is required by state or local law to attain standards of competency or experience as a prerequisite to engaging in such craft or profession and who is currently licensed or certified under other state or local law when acting exclusively within the scope of the craft or profession for which the license or certification has been issued. (b) This chapter shall not apply to any person already licensed or certified under another chapter or section of the Saint Paul Legislative Code, where such person is engaging solely in the trade, craft, activity or business for which such other license or certification has been issued. (c) No license under this chapter shall be required of an individual who performs labor or services for a building contractor for wages or salary; nor any retail clerk, clerical, administrative or other employee of a licensed building contractor as to a transaction on the premises of the contractor. (d) This chapter shall not apply to the mere sale of goods or materials by a seller who neither arranges to perform nor performs directly or indirectly any work or labor in connection with the installation or application of the goods or materials. (e) This chapter shall not apply to work done by private persons not regularly engaged in the building construction business without compensation. (f) This chapter shall not apply to buildings owned by or controlled by the state or any municipal subdivision thereof. (Code 1956, §§ 27.01, 27.05, 27.09)

Saint Paul Legislative Code § 326.05 Applicability.

Sec. 326.05. - Applicability. Nothing in this chapter shall be construed to limit or restrict the power of the City of Saint Paul to regulate the quality, performance or character of the work of contractors including a system of permits and inspections which are designed to secure compliance with and aid in the enforcement of applicable state and local building laws, or to enforce other laws necessary for the protection of the public health and safety. Nothing in this chapter limits the power of the City of Saint Paul to adopt any system of permits requiring submission to and approval by the city of plans and specifications for an installation prior to the commencement of construction of the installation or of inspection work done. (Code 1956, § 27.02(3))

Saint Paul Legislative Code § 326.06 Fees.

Sec. 326.06. - Fees. (a) The fee required for the building contractor's license and for each renewal thereof shall be as set forth in Saint Paul Legislative Code section 310.18. (b) The fee for issuing each supplementary or duplicate license for one lost, destroyed or mutilated shall be as set forth in Saint Paul Legislative Code section 310.18. (c) The fee for an applicant for the renewal of a building contractor's license who makes application for such renewal after the expiration date of such license shall be charged a late fee. The late fee shall be in addition to any other fee or payment required and shall be ten (10) percent of the annual license fee for such license. (Code 1956, § 27.05(1),(2); C.F. No. 92-1068, § 1, 8-13-92; C.F. No. 03-105, § 1, 3-5-03)

Saint Paul Legislative Code § 326.07 Licensing requirements.

Sec. 326.07. - Licensing requirements. (a) Applications; form; false statements. Each applicant shall make application to the license inspector on such forms, containing such information as the license inspector shall require. The application shall be made under oath, and furnishing false information therein shall be a violation of this chapter in addition to any other laws or ordinances. (b) Bond. Every application for a license shall be accompanied by a bond, approved as to form by the city attorney, executed by a bonding or surety company authorized to do business in the State of Minnesota, in the amount of two thousand five hundred dollars ($2,500.00), conditioned upon the assurance that during the term of such license the licensee will continue to comply with the provisions of this chapter and all laws of the city and to assure that upon default in the performance of any contract, the advance payments made thereon, less the reasonable value of services actually rendered to the date of such default, or the reasonable costs of completion of the contract in the event of noncompletion thereof, will be refunded to the purchaser, owner or lessee with whom such contract was made. Both the owner and the city shall have a cause of action against the bond for reimbursement for any damages suffered as a result of noncompliance with the laws of the city. (c) Insurance; tax account numbers, etc. Each applicant shall obtain, and shall furnish with the application, a copy of a liability insurance policy or policies or a certificate of insurance, naming the city as a co-insured under the terms of the policy. The liability insurance policy shall provide bodily injury insurance, including death, in an amount not less than twenty-five thousand dollars ($25,000.00) for all damages arising out of bodily injury to or death of one (1) person and, subject to the same limit for each person, in an amount of not less than fifty thousand dollars ($50,000.00) on account of any one (1) accident, and further property damage insurance in an amount not less than five thousand dollars ($5,000.00) for all damages to or destruction of property in any one (1) accident, and subject to that limit per accident, and workers' compensation insurance. The applicant shall also furnish to the city the employer social security account number, the unemployment insurance account number, the state withholding tax account number and the federal withholding tax account number. (d) License period; term of bond insurance. All licenses shall be for a period of one (1) year from the date of issuance and shall expire on the last day of the twelfth month following issuance or upon the expiration date of the liability insurance policy required under paragraph (c) if earlier than the last day of the twelfth month following issuance or upon the expiration date of the bond required under paragraph (b) if earlier than the last day of the twelfth month following issuance. (e) Transfer; notice, change of address, etc.: (1) Every building contractor licensee shall, within ten (10) days prior to a change of control in ownership, or of management, or of change of address or trade name, notify the inspector of such changes. (2) No license shall be assignable or transferable. (f) License to be posted. Each license issued pursuant to this chapter shall be posted and kept posted in some conspicuous place in the building contractor's establishment if the licensee operates a regular place of business. (g) Renewal. Any license which has not been suspended or revoked may, upon the payment of the renewal fee prescribed by this chapter, be renewed for an additional period of one (1) year from its expiration, upon filing of an application for such renewal on a form to be prescribed by the license inspector and shall be filed at least thirty (30) days prior to the expiration date of the license. The division of license and permit administration shall give written notice to the licensee at least sixty (60) days prior to the expiration date. (h) No building permit if not licensed. No building permit shall be issued to any person required to be licensed under this chapter who is not at the time of application for the permit properly licensed. (i) Advertisements to include license number. If the licensee advertises for business within the City of Saint Paul, all advertisements shall include a reference to the licensee's City of Saint Paul license number. (j) Duplicate license. A duplicate license may be issued for one lost, destroyed or mutilated upon application therefor on a form prescribed by the division of license and permit administration and the payment of the fee prescribed therefor by this chapter. Each such duplicate license shall have the word "duplicate" stamped across the face thereof and shall bear the same number as the one it replaces. (k) Supplementary licenses; location of business. A supplementary license may be issued for each additional place of business maintained by a licensee within the City of Saint Paul upon application therefor on a form prescribed by the division of license and permit administration and the payment of the fee prescribed therefor by this chapter. Each such supplementary license shall have the word "supplementary" stamped across the face thereof and shall bear the same number as the original. Any license issued for a particular place of business is limited to the specific location as described in the application. (Code 1956, §§ 27.03, 27.04, 27.10; C.F. No. 95-476, § 1, 5-31-95)

Saint Paul Legislative Code § 326.08 Prohibited acts.

Sec. 326.08. - Prohibited acts. The following acts are prohibited: (1) Abandonment or willful failure to perform, and the failure is not due to the circumstances beyond the control of the licensee, any building contractor or project engaged in or undertaken by a building contractor, or willful deviation from or disregard of plans or specifications in any material respect without the consent of the owner. (2) Making any substantial misrepresentation in the procurement of a building contract, or making any false promise likely to influence, persuade or induce. (3) Any fraud in the execution of or in the material alteration of any contract, mortgage, promissory note or other document incident to a building contracting transaction. (4) Preparing or accepting any mortgage, promissory note or other evidence of indebtedness upon the obligations of a building contract transaction with knowledge that it recites a greater monetary obligation than the agreed consideration for the building contracting work, which constitutes an abuse to the consumer. (5) Directly or indirectly publishing any advertisement relating to building contracting business which contains an assertion, representation or statement of fact which is false, deceptive or misleading; provided, that any advertisement which is subject to and complies with the then existing rules, regulations or guides of the Federal Trade Commission, laws of the State of Minnesota and the City of Saint Paul shall not be deemed false, deceptive or misleading; or by any means of advertising or purporting to offer the general public any building contracting work with the intent not to accept contracts for the particular work or the price which is advertised or offered to the public. (6) Willful or deliberate disregard and violation of the building, housing, sanitary, health and fire laws of this state or the City of Saint Paul. (7) Willful failure to notify the license inspector of any change of control in ownership, management or business name or location. (8) Conducting a building contracting business in any name other than the one in which the building contractor is licensed. (9) Willful failure to comply with any lawful order, demand or requirement made by the council pursuant to the provisions of this chapter. (10) As part of or in connection with the inducement to make a building contract, no person shall promise or offer to pay credit charges or allow to a buyer any compensation or reward for the procurement of a building contract with others. (11) No building contractor shall offer to pay a loan as an inducement to enter into a building contract. (12) Display of a false or forged license. (Code 1956, § 27.08)

Saint Paul Legislative Code § 326.09 Waiver.

Sec. 326.09. - Waiver. No acts, agreements or statements of a buyer under a building contract shall constitute a waiver of any provision of this chapter intended for the benefit or protection of the buyer. (Code 1956, § 27.08(12))

Saint Paul Legislative Code § 326.10 Refusal, suspension or revocation of license.

Sec. 326.10. - Refusal, suspension or revocation of license. A license to conduct, operate, engage in and transact a building contracting business as a building contractor may be refused, suspended or revoked, or renewal refused, for any one (1) or more of the following causes: (1) Fraud, misrepresentation or bribery in securing a license. (2) The making of any false statement as to a material matter in any application for a license. (3) The business transactions of the contractor have been marked by a practice of failure to perform its contracts. (4) Failure to display the license as provided in this chapter. (5) Violation of any provision of this chapter, or of any rule or regulation or city law within the scope of regulating a building contracting business for the protection of consumers. (6) Violations by the licensee and/or persons acting under the direction and control of the licensee of any federal or state statute or municipal ordinance arising out of and during the scope of business conducted by the licensee. (Code 1956, § 27.07)

Saint Paul Legislative Code § 326.11 Violation and penalties.

Sec. 326.11. - Violation and penalties. (a) Any person who shall own, conduct or operate a building contracting business without a license therefor, or who shall violate any of the provisions of this chapter for which no other penalty is provided in such provisions, or having had his license suspended or revoked shall continue to engage in such business, shall be guilty of a misdemeanor. (b) Any person who shall knowingly aid or abet in the violation of any provision of this chapter shall be guilty of a misdemeanor. (Code 1956, § 27.12(1), (2))

Saint Paul Legislative Code § 326.12 Investigation, etc., by city.

Sec. 326.12. - Investigation, etc., by city. The City of Saint Paul may, in its discretion, refuse to accept, investigate or mediate a complaint under the provisions of this chapter from any consumer who shall knowingly hire a building contractor who is unlicensed. (Code 1956, § 27.12(3))

Source: City of Saint Paul, Minnesota, City Charter, Legislative Code and Administrative Code (Municode Library, library.municode.com)URL: https://library.municode.com/mn/st._paul/codes/code_of_ordinances?nodeId=PTIILECO_TITXXIXLI_CH326BUCOFetched: 11/1/2026