[HISTORY: Adopted by the Village Board of the Village of Warsaw as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-7-2011 by L.L. No. 3-2011]
It is the purpose of this article to protect the health and well-being of the residents of the Village of Warsaw by requiring that building contractors, through registration, disclose certain historical, financial and technical information pertinent to their ability to perform building improvements. It is the further purpose of this article to assure, through said registration process, that building contractors be fully conversant with all applicable zoning, building and fire safety codes in force within the Village of Warsaw.
As used in this article, the following terms shall have the meanings indicated:
- BUILDING CONTRACT
- An oral or written agreement between a building contractor and an owner for the performance of building improvement, and includes all labor, services and materials to be furnished and performed thereunder.
- BUILDING CONTRACTOR
- Any person engaged in the construction, repair, remodeling, alteration, conversion, modernization, improvement or addition to any property, building, or other structure and shall include, but not be limited to, alarm systems; awnings; basements; bathrooms; cabinetmaking; carpentry; central vacuum; cleaning, cesspools; dormers; driveways; extensions; exterminating; fencing; flagpoles; flooring; fumigation; garages; heating; ventilating; air conditioning; kitchens; masonry; railings; roofing; sidewalks; siding; sprinkler systems; storms and screens; swimming pools; tennis courts; termite control; tile installation; weatherproofing and waterproofing; landscaping; painting and decorating, but shall not include, the sale of goods by a seller who neither arranges to perform nor performs directly or indirectly any work or labor in connection with the installation of or application of the goods.
- BUILDING IMPROVEMENT
- Any repair, remodeling, alteration, conversion, modernization, improvement or addition to any property, and shall include but not be limited to alarm systems, awnings, basements, bathrooms, cabinetmakers, carpentry, central vacuum cleaning, cesspools, flagpoles, flooring, fumigation, garages, heating, ventilating, air conditioning, kitchens, masonry, railings, roofing, septic tanks, siding, sprinklers, storms and screens, swimming pools, tennis courts, termite control, tile installers, waterproofing and weatherproofing and also general contracting, landscaping, painting and decorating, but shall not include:
- Any owner of residential property, tenant or any other person who orders, contracts for or purchases the service of a building contractor pursuant to a building contract.
- An individual, firm, partnership, corporation or other entity.
- PLACE OF BUSINESS
- Any shop, residence, place or premises from which a construction business is transacted.
- A person permitted to engage in the construction business under the provisions of this article.
- RESIDENTIAL PROPERTY
- A one-family, two-family or multifamily house or dwelling and the property associated therewith.
No person shall conduct or engage in any construction business without first obtaining a certificate of registration with the Village of Warsaw as hereinafter required.
No certificate of registration shall be required under this article in the following instances:
An individual who performs labor or services for a registered building contractor for wages or salary.
A member or partner of a firm, partnership or other entity which is a registered building contractor, who performs labor or services for such registered building contractor.
A stockholder or officer of a corporation which is a registered building contractor, who performs labor or services for such registered building contractor.
An architect, professional engineer or any other person who is required by state or village law to attain standards of competency or experience as a prerequisite to engaging in such craft or profession and who is acting exclusively within the scope of the craft or profession for which he is currently licensed.
A fee, in an amount to be determined by resolution of the Village Board, shall be paid to the Village of Warsaw upon the filing of each application for a certificate of registration for the purpose of defraying expenses incidental to the issuance and recording of said certificate and the enforcement of the provisions of this article. The same fee shall be payable upon applications for renewals.
No certificate issued under this article shall be transferred or assigned to any person or used by any person other than the registrant to whom it was issued.
A certificate issued hereunder may not be construed to authorize the registrant to perform any work or engage in any kind of business which is reserved to qualified licensees under separate provisions of state or village law.
No building certificate shall be approved for any building contractor to whom a valid certificate has not been issued and duly recorded by the Clerk of the Village of Warsaw.
Upon reasonable notification, a certificate of registration must be made available at every job site.
Every registrant shall, within 10 days after a change of control in ownership or of management or of address or of trade name, notify the Village of Warsaw of such change, in writing.
The requirements as stipulated in this article will take effect immediately upon its passage and will be subject to annual renewal to be due on April 1 of each succeeding year that this article remains in effect.
Applicants for certificates of registration or renewals thereof shall file a written, signed and notarized application with the Clerk of the Village of Warsaw. Where the applicant is a corporation, the application shall be signed and verified by an officer thereof. When the applicant is a firm, partnership or other entity, the application shall be signed and verified by a member or partner thereof. Applications shall set forth the following information or documentation:
The name, trade name and business address of the applicant.
If the applicant is an individual, his name and resident address; if the applicant is a corporation, the names and residence addresses of the officers thereof; if the applicant is a firm, partnership or other entity, the names and residence addresses of the members or partners thereof.
Whether there are any outstanding liens or judgments against the applicant.
An affirmation that the applicant is conversant with the requirements and stipulations as set forth in state and village building and fire codes as well as the requirements and stipulations of Chapter 163, Zoning.
Disclosure of the types and limits of insurance coverage, including but not limited to liability and workman's compensation, held by each registrant.
Such other reasonable information as the Village Board of Trustees may deem necessary or advisable to facilitate purposes of and enforcement of this article, including but not limited to the following:
The names and residence addresses of any employees of the applicant.
The names and residence addresses of the stockholders and directors of a corporate applicant.
Whether or not the applicant or any member, partner, officer, stockholder or employee thereof ever engaged in the construction business under another name or for another person and, if so, reasonable information with respect thereto.
Information relating to the financial responsibility and character of the applicant.
After the filing of an application for a certificate of registration or renewal thereof and payment of the required fee, the Clerk of the Village of Warsaw will issue a valid certificate of registration. In the event that the applicant is not able to furnish any of the requisite information or documentation, the application will be referred to the Village Board of Trustees which may, by resolution, allow a waiver if it is satisfied that the applicant is in substantial compliance with the provisions of this article.
Any person, corporation, partnership or other entity who shall conduct or engage in any construction business without having obtained a certificate of registration therefor shall be deemed to be in violation of this article and, upon conviction, shall be liable to a civil penalty of not less than $10 nor more than $250 for each day or part thereof during which such violation continues.
Each and every building contract entered into or undertaken or performed by a building contractor without having obtained or maintained in effect a certificate of registration therefor, in violation of this article, shall be deemed a separate violation of this article.