CONTRACTORS

Omaha Municipal Code ch. 43, art. IX

in effect

Omaha Municipal Code § 43-271 Purpose.

Sec. 43-271. - Purpose. The purpose of this article is to provide for the licensing and regulation of contractors doing construction work for hire in the city or within the three-mile extraterritorial jurisdiction of the city. The city council finds that the regulation and licensing of such contractors would serve and protect public safety, health, and welfare. (Ord. No. 39090, § 1, 8-16-11; Ord. No. 42712, § 1, 10-26-21)

Omaha Municipal Code § 43-272 License required.

Sec. 43-272. - License required. (a) It shall be unlawful for any person to act as a contractor, as defined in this article, in the city or within the three-mile extraterritorial jurisdiction of the city, without having first obtained a license to do so from the permits and inspections division. (b) In the case of a corporation, partnership, or other entity doing business as a contractor, at least one executive officer or designated full-time employee shall be required to hold the requisite license. Such officer of designated full-time employee shall be liable to service of regular process, and shall be responsible for such entity's compliance with applicable laws. (Ord. No. 39090, § 1, 8-16-11; Ord. No. 39269, § 1, 3-13-12; Ord. No. 42712, § 1, 10-26-21)

Omaha Municipal Code § 43-273 Contractor defined.

Sec. 43-273. - Contractor defined. (a) For purposes of this article, a "contractor" is defined as any person or entity who contracts with the owner or tenant of property to build, construct, alter, repair, add to, subtract from, or otherwise improve any building or structure upon the said property, within the city or its three-mile extraterritorial jurisdiction. The term "contractor" shall not include any of the following: (1) A tradesman licensed by the city who performs work within his or her licensed trade, or any subcontractor performing work under a contract with a licensed contractor. (2) A person performing work defined as routine maintenance in section 43-72. (3) Any organization that constructs new or renovates existing structures with a mostly volunteer labor force. Such organization shall have at least one of the following: (a) at least one person on their staff who is a licensed contractor holding a class of license required by the building type, (b) a licensed contractor holding a class of license required by the building type serving as a board member acting as their license holder, or (c) a volunteer licensed contractor holding a class of license required by the building type working on the building site providing oversight and mentoring for the work crew. (b) The five classes of contractor licenses are as defined in the International Code Council (ICC) Contractor Certification Program: (1) Class A: All work allowed by the adopted version of the International Building Code. (2) Class B: All work allowed by the adopted version of the International Building Code up to four stories in height. (3) Class C: All work as allowed by the adopted version of the International Residential Code. (4) Class D: All work as allowed by the adopted version of the International Residential Code as it pertains to additions and remodeling of one- and two-family residential structures. (5) Class E: All residential roofing, siding, replacement window and door, fence and deck contractors as allowed by the adopted version of the International Residential Code. (Ord. No. 39090, § 1, 8-16-11; Ord. No. 42712, § 1, 10-26-21)

Omaha Municipal Code § 43-274 Application.

Sec. 43-274. - Application. An applicant for a license required by this article shall make an application to the permits and inspections division on a form prepared and furnished by such division. Such application shall include, at a minimum, the applicant's street address, which should be considered to be the registered address if a license is issued; and the authorized testing agency's certification that the applicant has passed the test for the class of license the application is made for. (Ord. No. 39090, § 1, 8-16-11; Ord. No. 42712, § 1, 10-26-21)

Omaha Municipal Code § 43-275 Qualifications.

Sec. 43-275. - Qualifications. All applicants for a contractor's license under this article shall meet the following qualifications: (a) The applicant shall have reached the age of majority in the state of Nebraska. (b) For a Class A, B, or C license, the applicant shall have successfully passed the ICC exam for the class they are seeking to obtain. Class D licenses are available only as renewals. If a licensee holds a Class D license that expires, the licensee will be required to test for and obtain a Class A, B or C license. An exam shall not be required for an applicant for a Class E license. (Ord. No. 39090, § 1, 8-16-11; Ord. No. 39467, § 1, 9-25-12; Ord. No. 42712, § 1, 10-26-21)

Omaha Municipal Code § 43-276 License fee.

Sec. 43-276. - License fee. An applicant for a new or renewal license under this article shall pay a license fee for each term as outlined in section 43-280 in the following amounts: Class A and B: $300.00 Class C: $200.00 Class D and E: $100.00 Effective the date of the ordinance from which this section is derived, all contractors holding a current license as a Class A, B, C, D or E contractor will have a grace period after the expiration date of his/her license. The grace period and penalties are: (1) For licenses that have lapsed 31 to 60 days after the expiration of a license, a $25.00 late penalty will apply. (2) For licenses that have lapsed 61 to 365 days after the expiration of a license, a $50.00 late penalty will apply. (3) For Class A, B, C or E licenses that have lapsed by more than 366 days, a $100.00 late penalty will apply; Class D licenses will forfeit their Class D license and be required to sit for an examination for a Class A, B or C license and receive a passing grade. (Ord. No. 39090, § 1, 8-16-11; Ord. No. 39467, § 2, 9-25-12; Ord. No. 42712, § 1, 10-26-21)

Omaha Municipal Code § 43-277 Examination.

Sec. 43-277. - Examination. (a) The examination shall be conducted by a third-party testing agency which has been approved by the ICC for such purposes. The examination shall be of such a nature as to uniformly test the capabilities of all applicants for the same class of license. The examination shall be both practical and theoretical. Subjects tested by the examination shall include, but not be limited to, the following: (1) The applicant's knowledge of all provisions of this code and rules and regulations pertaining to building processes under the class of license applied for; and (2) The applicant's ability to direct and supervise building activities under the class of license applied for. (b) The applicant must achieve a passing grade on the examination as determined by the ICC Contractor Certification Program Bulletin. (Ord. No. 39090, § 1, 8-16-11; Ord. No. 42712, § 1, 10-26-21)

Omaha Municipal Code § 43-278 Issuance.

Sec. 43-278. - Issuance. The permits and inspections division shall issue a license, of the class applied for, to a qualified applicant who has successfully passed the examination for such class of license. (Ord. No. 39090, § 1, 8-16-11; Ord. No. 39269, § 2, 3-13-12; Ord. No. 42712, § 1, 10-26-21)

Omaha Municipal Code § 43-279 Bond and insurance.

Sec. 43-279. - Bond and insurance. Prior to issuance of a new license under this article, the prospective license holder shall provide to the permits and inspections division and maintain in continuous effect thereafter, the following: (a) A certificate of insurance which provides combined coverage of bodily injury and property damage in a minimum amount of: Class A and B, $1,000,000.00; Class C, $500,000.00; Class D and E, $300,000.00. (b) A corporate surety bond in the penal sum of not less than $10,000.00 conditioned that the applicant shall, in all material by him/her furnished and in all work by him/her done and performed within the jurisdictional area of the city, strictly comply with the code and ordinances of the city related thereto as now existing or hereafter enacted. (c) Said bond shall be executed by a qualified surety company licensed to do business in the state. Said bond, before being accepted by the permits and inspections division, shall be approved as to form by the city law department, and shall further be conditioned, among other things, to indemnify the city against any lawsuits brought or judgments obtained against the city, or any of its officials, employees or the board, and to hold the same harmless from any costs or expenses occasioned by any injury or casualty happening to any person, persons or property, real or personal, either directly or indirectly through them by his/her or their employees. (d) The bond for an individual holding a contractor license or in his/her own behalf shall name said individual. The bond for an individual holding a license on behalf of a firm or corporation shall name both the individual and the firm or corporation as principals. Permits will not be issued to licensees whose certificate of insurance and/or bond has expired or whose license has expired. (Ord. No. 39090, § 1, 8-16-11; Ord. No. 42712, § 1, 10-26-21)

Omaha Municipal Code § 43-280 Term.

Sec. 43-280. - Term. All original and renewal licenses issued under the provisions of this article shall expire at 11:59 p.m. on December 31st of the expiration year noted on the license, not to exceed three years. (Ord. No. 39090, § 1, 8-16-11; Ord. No. 42712, § 1, 10-26-21)

Omaha Municipal Code § 43-281 Continuing education.

Sec. 43-281. - Continuing education. (a) Every contractor must meet the continuing education requirements of these regulations as a condition for license renewal or reinstatement. (b) Contractors must complete nine hours of continuing education every three years to satisfy the continuing education requirement. (1) Acceptable continuing education activities include, but are not limited to, the following: (i) Successful completion of college courses related to construction. (ii) Successful completion of courses from agencies certified through professional organizations that include, but are not limited to, International Code Council (ICC), American Institute of Architects (AIA), National Association of Home Builders (NAHB), Associated General Contractors of America (AGC). (iii) Successful completion of a class taught by the permits and inspections division. (iv) Active participation in educational outreach activities pertaining to professions in the construction industry that involve K-12 or higher education students. (c) Every contractor is responsible for maintaining records necessary to support credits claimed for continuing education. Records may include: (1) Completion certificates or other attendance verification documents. (2) A log showing the type of activity claimed, sponsoring organization, location, duration, instructor's name and unit credits earned. (3) Records of continuing education that are maintained by ICC. (d) The permits and inspections division will select five percent of the total number of licensees at random to submit documentation verifying compliance with the continuing education requirement of the previous renewal period. The building official, or his/her designated representative, is authorized to review, verify and approve continuing education audit submittals. Submittals that raise significant questions of acceptability will be forwarded to the building board of review for final determination. If the board disallows any of the continuing education hours claimed, the applicant must, within 90 days after notification of disallowance, substantiate the original claim or earn other credit to satisfy the requirement. (Ord. No. 39090, § 1, 8-16-11; Ord. No. 39467, § 3, 9-25-12; Ord. No. 42712, § 1, 10-26-21)

Omaha Municipal Code § 43-282 Appeal procedure.

Sec. 43-282. - Appeal procedure. Whenever any person has made application for any license provided under this article, and such application has been denied by the city, or whenever any license previously granted is not renewed, such applicant or such person whose license has not been renewed may appeal from such action of the city by filing an appeal with the building board of review in the manner provided in this chapter, within 15 days of the city's action. (Ord. No. 39090, § 1, 8-16-11; Ord. No. 42712, § 1, 10-26-21)

Omaha Municipal Code § 43-283 Re-examination after failure.

Sec. 43-283. - Re-examination after failure. If an applicant for a license under this article has failed to pass the examination for the license applied for, the applicant may take another examination for that same license at such time as allowed by the testing agency. (Ord. No. 39090, § 1, 8-16-11; Ord. No. 42712, § 1, 10-26-21)

Omaha Municipal Code § 43-284 Reciprocal license.

Sec. 43-284. - Reciprocal license. An applicant holding a valid contractor's license from another jurisdiction, which was based on the applicant's passage of the same or similar examination as that required by the city, shall be exempt from the examination required in this article. In such an event, if the applicant is otherwise qualified, a contractor's license of the type corresponding to the examination that was passed, shall be issued upon proof of examination, approval by the building board of review and payment of the required fee. (Ord. No. 39090, § 1, 8-16-11; Ord. No. 42712, § 1, 10-26-21)

Omaha Municipal Code § 43-285 Inactive license.

Sec. 43-285. - Inactive license. (a) A licensed contractor may apply for an inactive license. Upon such application and payment of any applicable renewal fees, the city shall grant such a person an inactive contractor's license. The holder of an inactive contractor's license shall not engage in any contractor activities for which a license is otherwise required under this code. (b) The bond and insurance requirements of this article shall not be required as prerequisites for the issuance, maintenance, or renewal of an inactive contractor's license. (c) The holder of an inactive contractor's license may make application to the city for a reactivation of his or her status as an active contractor's license holder. The city shall activate such license upon providing proof of current continuing education credit and payment of the applicable renewal fees and the filing of a current certificate of insurance under the provisions of this article. (Ord. No. 39090, § 1, 8-16-11; Ord. No. 42712, § 1, 10-26-21)

Omaha Municipal Code § 43-286 Temporary license.

Sec. 43-286. - Temporary license. In case of incapacity or separation from employment of the holder of a valid contractor's license, who is a sole proprietor, majority stockholder of a corporation, or an employee of a firm or corporation, the city may issue a temporary license for such holder's business for a period of not more than 12 months. Such license shall be issued only to a person who meets the qualifications stated in section 43-275, is an owner, or employee of the said business, and has not successfully passed the required examination. An extension of the said term of a temporary license may be authorized only by the building board of review, upon a showing of special hardship or difficulty. (Ord. No. 39090, § 1, 8-16-11; Ord. No. 42712, § 1, 10-26-21)

Omaha Municipal Code § 43-287 Duties of license holder.

Sec. 43-287. - Duties of license holder. It shall be unlawful for any licensed contractor to perform any contractor work within the city or its three-mile extraterritorial jurisdiction unless he or she possesses each required permit for such work, containing the name of the contractor authorized to do the work. The license holder shall supervise, and shall be responsible for, all work performed under his or her license. All licenses issued under the provisions of this article shall be non-transferrable. (Ord. No. 39090, § 1, 8-16-11; Ord. No. 42712, § 1, 10-26-21)

Omaha Municipal Code § 43-288 Work by homeowners.

Sec. 43-288. - Work by homeowners. Notwithstanding the provisions of this article, a person may build, construct, alter, repair, add to, subtract from, or otherwise improve a building or structure upon a property which he or she owns, and in which he or she resides, without holding the license otherwise required for such activity under this article. Such person shall obtain all required permits and inspections, pay all required permit fees, and otherwise comply with all other requirements of this code in conducting such building activity. A property owner may construct or act as a contractor for one new home on vacant land owned by the property owner in a five-year period without having to obtain the required contractor license. A homeowner/property owner may not obtain permits in their name and use unlicensed contractors to perform the work on their property. An owner of residential real estate who improves homes for resale or speculation shall obtain the required contractor license or use a licensed contractor. Work defined as routine maintenance under section 43-72 is exempt from this article. (Ord. No. 39090, § 1, 8-16-11; Ord. No. 42712, § 1, 10-26-21)

Omaha Municipal Code § 43-289 Revocation and suspension.

Sec. 43-289. - Revocation and suspension. (a) Any license issued under this article may be revoked or suspended by the planning director or his/her designated representative for any of the following causes, after notice to the license holder; (1) A pattern of code violations after written notice to the license holder and reasonable opportunity to cure; or (2) A pattern of failure to obtain required building permits; or (3) Fraud in obtaining a license. (b) The planning director or his/her designated representative shall schedule a hearing to revoke or suspend a license upon receipt of information indicating any of the above causes. Written notice of the charges and of the date, time and place of a hearing to consider the revocation or suspension shall be sent to the license holder, at his or her address as registered with the city. Charges brought to the attention of the permits and inspections division by citizens will be reviewed for violation of building and life safety provisions of the code only. Workmanship issues and contractual issues that are not part of the code will not be considered. (c) Following notice and a hearing, if the planning director or his/her designated representative shall find based on the charges and the evidence, that the license holder has been guilty of any of the causes stated in this section, then the planning director or his/her designated representative may revoke the license holder's license, suspend the license for a period of up to 24 months, or reprimand the license holder. Otherwise, the planning director or his/her designated representative may dismiss the charges or decline to take action against the license holder's license. (d) A license holder aggrieved by the decision of the planning director or his/her designated representative may appeal such decision to the building board of review as provided in this chapter. The building board of review shall hold a hearing at which the city and the license holder may present evidence. The board may affirm, modify, or reverse the decision based on evidence provided. (e) Further appeal from the building board of review decision may be made to the district court in an error proceeding as provided under section 43-67. (f) A person whose license has been revoked shall not be granted a new license for a period of two years thereafter and shall be required to pass an examination for such new license. (Ord. No. 39090, § 1, 8-16-11; Ord. No. 42712, § 1, 10-26-21)

Omaha Municipal Code § 43-290 Working without license.

Sec. 43-290. - Working without license. A person performing work regulated by this article without the required license will be required to complete the requirements for the class of license they are applying for and be assessed a fee four times the regular fee. These requirements shall be in addition to any criminal penalties that may be applicable. (Ord. No. 39090, § 1, 8-16-11; Ord. No. 42712, § 1, 10-26-21)

Source: City of Omaha, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ne/omaha/codes/code_of_ordinances?nodeId=OMMUCOCHGEORVOII_CH43BU_ARTIXCOFetched: 10/28/2026