[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.