[1]
Editor's Note — Ord. no. 2012-07 §1, adopted February 27, 2012, repealed sections 500.250 — 500.320 of Article III "contractors" and enacted new provisions set out herein. Former sections 500.250 — 500.320 derived from CC 1999 §§8-16 — 8-22, 8-24; ord. no. 86-15, 6-9-1986; ord. no. 94-66, 8-29-1994; ord. no. 2004-95 §1, 12-14-2004; ord. no. 2005-18 §1, 2-15-2005; ord. no. 2007-05 §§1 — 2, 4, 1-29-2007; ord. no. 2007-12 §1, 2-26-2007.
[CC 1999 §8-1; Ord. No. 2007-05 §3, 1-29-2007]
A. 
It shall be unlawful for any person to offer to do business or do business in any of the categories described in this Chapter without first having procured a license under this Chapter unless specifically exempt under this Chapter.
B. 
Any person found guilty of violating this Chapter will be punished pursuant to Section 100.340 of the City Code.
C. 
Any person prosecuted for a violation of this Chapter has the burden of proof on the issue of any exemption from the requirements of the Chapter.
[Ord. No. 2012-07 §1, 2-27-2012]
A. 
Purpose — Applicability — Exemptions. No person shall engage as a contractor within the City without first having obtained a license therefor from the City Clerk in compliance with the requirements of this Chapter and paying the applicable license fee.
The license fee provided for in this Chapter is a fee upon the privilege of doing business within the City and shall be due and payable by a contractor whether or not such contractor is occupying or maintains a business premises within the City. Except as otherwise provided in this Chapter, the license shall be for the annual license year from April first (1st) to March thirty-first (31st).
B. 
Purpose And Intent. The purpose of contractor licensing is to protect the public health, safety and welfare by assuring that those undertaking the construction, alteration, repair or demolition of structures are qualified to perform such services. It is further the intent that owner-occupants of single-family residential structures be permitted, without first obtaining a contractor's license, to perform work on such homeowner's residence.
C. 
Applications — Requirements For Issuance. Applications for license under this Chapter shall be made in writing on a form provided by the City and submitted to the City Clerk. An application shall be made to renew any license upon its expiration. The form of license shall be as prescribed by the City Clerk or designee.
1. 
Items required. At the time of application or reapplication, each applicant who is a contractor in the construction industry (as those terms are used in Section 287.061, RSMo., as amended) shall file with the Clerk:
a. 
A certificate of insurance naming the City of Chillicothe, Missouri as a certificate holder for Workers' Compensation coverage or an affidavit signed by the applicant attesting that the contractor is exempt from requirements of the Workers' Compensation Law, Chapter 287, RSMo., as amended, or applicable successor Statutes; and
b. 
A policy of general liability insurance naming the City of Chillicothe, Missouri as a certificate holder, including completed operations coverage during the term of the building permit or during actual construction, whichever date is later. Such insurance policy shall be with a company licensed to do business in the State of Missouri. All contractors shall maintain general liability coverage in an amount not less than three hundred thousand dollars ($300,000.00) per occurrence and six hundred thousand dollars ($600,000.00) aggregate limit.
2. 
Taxes and obligations to be paid.
a. 
No license shall be issued to any applicant under this Chapter until all obligations owed to the City including real and personal property taxes, utility fees, permits fees, inspection fees, or other financial obligations of the applicant to the City which are delinquent are paid or satisfied; provided that this requirement shall not apply to any obligation which is contested by the applicant in good faith and resolution of which is being diligently pursed by such applicant. Each applicant shall provide such documentation or certifications as the City Clerk may require to assure compliance with this Subsection.
b. 
Any person or entity holding a current valid contractor's license that becomes delinquent on the payment of any obligations owed to the City including real and personal property taxes, utility fees, permit fees, inspection fees or any other financial obligations of the business to the City which are due and payable shall have said license suspended until such time that any such delinquent obligation is paid and satisfied; provided that this requirement shall not apply to any obligation which is contested by the applicant in good faith and resolution of which is being diligently pursued by such applicant. The City Clerk shall notify businesses delinquent in any obligation to the City in writing of the suspension of their license. Failure to satisfy the delinquent financial obligation may lead to revocation of business license in accordance with this Chapter.
D. 
License Not Transferable. No license required under this Chapter shall be transferable or assignable.
E. 
How Issued, Maintained. Upon completion of the required application forms, provision of the required information and documentation, and payment of the applicable license fees, the City Clerk shall issue the license.
1. 
License to be available for examination. The holder of any license issued under this Chapter shall have the duty to display or otherwise make the license available for examination and shall produce the license for inspection upon request of a City Police Officer, a City public safety official, or the Code Enforcement Officer or his assistants.
F. 
License Fees — Applicability. Except as otherwise provided in this Chapter, license fees shall be due and payable at the time of initial application for license and prior to commencing business activity within the City and thereafter on or before the first (1st) day of April of each year, and shall become delinquent thirty (30) days thereafter.
1. 
Delinquencies subject to surcharge as penalty. From and after the date of delinquency of any license tax fee due and payable under this Chapter, the City Clerk shall add to the amount due a fifty dollar ($50.00) penalty for each month (or part of a month) that such license tax fee remains delinquent and a contractor is operating within the City. This penalty shall be in addition to all other penalties which may be imposed by law or ordinance.
2. 
No proration. The license fee is due in full regardless of when the license is obtained.
[Ord. No. 2012-07 §1, 2-27-2012]
Terms Defined. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, expect where the context clearly indicates a different meaning;
CONTRACTOR
Any person or firm that undertakes with or for another to construct, alter, repair or demolish any structure or any portion thereof, including every electrical contractor, plumbing contractor, mechanical heating, ventilation and air-conditioning (HVAC) contractor, general contractor, building contractor, excavation contractor, concrete contractor, demolition contractor, person hauling materials from demolished buildings within the City, and residential contractor. For the purposes of this definition, "firm" shall mean any sole proprietorship, partnership, association, limited liability company, corporation, or other legal entity. The following persons shall not be considered contractors as defined herein: an employee or agent working for and under the supervision of a contractor licensed under this Chapter for any type of construction being undertaken; and a homeowner who personally occupies and undertakes the construction, alteration, repair or maintenance of such homeowner's single-family residence or any accessory structure thereto. Notwithstanding the foregoing, for purposes of this Chapter, any homeowner who (i) undertakes the construction of a new residence for his personal occupancy more than one (1) time in any five (5) year period, or (ii) performs alterations, repairs or maintenance on more than one (1) single-family residence or any accessory structure owned by such homeowner within any five (5) year period shall be deemed to be a "contractor".
[Ord. No. 2012-07 §1, 2-27-2012]
A. 
License Classifications. There shall be four (4) separate classes of licenses authorized for contractors as provided:
Class A: General Contractor. Entitles the contractor to construct, remodel, repair and demolish any structure. Said contractor shall not engage in any mechanical (HVAC), plumbing, electrical, fire safety equipment services unless also licensed as a Class C contractor.
Class B: Residential Contractor. Entitles the contractor to construct, remodel, repair and demolish any single-family, duplex, or town house structure and buildings accessory thereto. Said contractor shall not engage in any mechanical (HVAC), plumbing or electrical services unless also licensed as a Class C contractor.
Class C: Mechanical, Electrical, Plumbing, and Fire Safety Equipment Contractor. Entitles the contractor to perform mechanical (HVAC) services, plumbing services, electrical services, or fire safety equipment services. Said contractor shall be licensed for each trade in which they desire to perform work and shall not engage in any work entitled to a Class A or Class B contractor unless also properly licensed to perform said work.
Class D: Trade Contractor. Class D contractor may obtain a building permit for any work that does not require a Class A or Class B contractor to obtain the permit, such as a fence permit, sign permit, roof permit, concrete, excavation, or demolition permit.
B. 
License Qualifications. Any individual or entity providing residential and/or commercial construction services, mechanical, plumbing or electrical contract or subcontract work within the City limits, in addition to all other requirements of this Chapter, shall satisfy one (1) of the following requirements to obtain a contractor's license:
1. 
Pass the City contractor license examination test. The City Engineer may require retesting of an applicant if the applicant has not obtained a contractor license from the City within the last three (3) years; or
2. 
Obtain or possess and maintain a certificate of competency from a nationally recognized testing institution such as Prometric or ICC Contractor Examination Services or some other recognized equivalent with a seventy percent (70%) passing score; or
3. 
Hold a bachelor's degree in engineering, architecture, or construction science from an accredited college or university; or
4. 
Hold a valid contractor's license from another municipality in the State of Missouri where equivalency of licensing can be substantiated for the same category for which a license is requested from the City of Chillicothe.
C. 
Contractor Responsible For All Work. The contractor is responsible for applying for and obtaining any required building permit. Upon issuance of a building permit to a contractor, such contractor shall be responsible for all work undertaken pursuant to such building permit or portion thereof, including work done by the contractor's employee, agent, and subcontractors, and scheduling and participating in all required building inspections. Said work shall be performed in accordance with all applicable codes as adopted and amended from time to time.
D. 
Firms/Designated Representative. A firm may obtain, in the firm's name, a contractor's license provided that such firm has at least one (1) full-time employee who is designated by the firm as its representative and such designated representative satisfies one (1) of the requirements of Section 500.280(2). A designated representative must spend a minimum of thirty (30) hours per week carrying out meaningful supervision of the construction work of the firm. Whenever a building permit is issued in the name of the firm, the firm shall be subject to these regulations.
E. 
Failure To Obtain A License. It shall be unlawful for any person to engage in the construction contractor business without first obtaining a license as required by this Chapter.
F. 
Appeal. Any decision of the Building Official or designated representative in the administration and enforcement of the contractor's licensing requirements contained in this Section of the Chillicothe City Code may be appealed to the City Administrator.
[Ord. No. 2012-07 §1, 2-27-2012]
A. 
Until changed by subsequent ordinance, the fees for contractor licenses shall be as follows:
1. 
Class A — General Contractor: $50.00.
2. 
Class B — Residential Contractor: $50.00.
3. 
Class C — Mechanical, Electric, Plumbing, and Fire Safety Equipment Contractor: $50.00.
4. 
Class D — Trade Contractor: $50.00.
[Ord. No. 2012-07 §1, 2-27-2012]
A. 
Non-Compliance Or Violation. In addition to any other penalties prescribed under this Chapter related to construction activities, any failure to comply with or any violation of any provision of this Chapter shall be a code violation and shall be punishable, upon conviction thereof, by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each such offense. Each day such failure or non-compliance shall continue shall constitute a separate offense. These provisions are in addition to suspension or revocation below.
B. 
Suspension Or Revocation. Any failure to comply with or any violation of any provision of this Chapter may be cause for suspension or revocation of such license. The suspension or revocation as provided under this Section shall be in addition to any other penalties prescribed under the Chapter.
1. 
Suspension.
a. 
Any failure to comply with or any violation of any provision of this Chapter may be cause for suspension by the City Administrator or his/her designee at the recommendation of the Building Official. The suspension shall continue until sufficient proof that the violation has been cured is provided to the Building Official.
b. 
In addition to a suspension under Subsection (B)(1)(a), a contractor's license may be suspended by the City Administrator or his/her designee after receiving a report from the Building Official that the contractor:
(1) 
Made a serious or repeated violation of the contractor licensing provisions, any applicable code, or the failure to comply within a reasonable time any lawful written order of the Building Official; or
(2) 
Fraudulently or deceitfully utilized a contractor's license to obtain a building permit; or
(3) 
Knowingly or intentionally misrepresented a material fact made in connection with obtaining a contractor's license or a building permit; or
(4) 
Failed to obtain a building permit or failed to obtain a required inspection of an ongoing project as required by any applicable code; or
(5) 
Failed to exercise regular, routine control and supervision over an ongoing project for which the contractor has obtained a building permit; or
(6) 
Failed to obtain a certificate of occupancy for a completed structure, prior to occupancy, as required by the applicable building code; or
(7) 
Failed to hire a licensed electrical, plumbing, or mechanical (HVAC) contractor to perform any electrical, plumbing or mechanical work on the job site for which the contractor obtained a building permit.
c. 
A suspension under this Section shall continue until sufficient proof that the violation has been cured is provided to the Building Official.
2. 
Revocation.
a. 
Any failure to comply with or any violation of any provision of this Chapter may be cause for revocation of such license by the Mayor upon recommendation of the City Administrator for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for license;
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on his/her business within the City of Chillicothe;
(3) 
Any violation of this Chapter;
(4) 
Conviction of any crime or misdemeanor involving moral turpitude;
(5) 
Conducting of business in an unlawful manner so as to constitute breach of the peace or menace to health, safety or general welfare of the public; or
(6) 
Failure to pay City taxes when due.
b. 
A contractor whose license is revoked will be given notice of the revocation which will set forth the grounds for the revocation and a notice of his right to the hearing on the revocation of the license. The notice shall be mailed to licensee or applicant within five (5) days of the revocation. Any hearing on the revocation will be held by the City Council. All decisions of the City Council following the hearing shall be final.
C. 
Unlawful Continuation — Further Remedies Authorized. In the event any contractor which is required to obtain an annual license under this Chapter continues to operate after having received written notice of failure to obtain such license or in the event any contractor continues to operate following revocation or suspension of such license pursuant to the Chapter, the City Administrator, the Mayor or any other official authorized to enforce City license ordinances may seek injunctive relief from the Circuit Court or order the Municipal Court to restrain, correct, abate or prevent such continued operation. In the event of the issuance of an injunction or order of a court of competent jurisdiction, costs of such enforcement proceedings may be taxed against the offending party. The remedies provided for by this Subsection (C) shall be in addition to all other costs and penalties prescribed under this Chapter.