Village of Homer Glen, IL Article IV Contractors

[Adopted 12-20-2005 by Ord. No. 05-065]

§ 83-28 Definitions.

Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases that are not defined in this article but are defined in other ordinances of the Village shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only and shall not be used in the interpretation of this article.

CONTRACTOR

Any person, partnership, corporation or other business entity engaged in the business of constructing, altering or repairing buildings or other structures, lot or equipment and all trades and crafts associated with such work, including, but not restricted to, general contractors, general building contractors, excavation contractors, carpentry contractors, heating, air-conditioning, ventilating, mechanical, electrical and plumbing contractors and subcontractors. For purposes of this article, any person who performs construction, repair or alteration of any building, structure, lot or equipment within the Village, for which a building permit is required, is presumed to be a "contractor." A homeowner, his or her family member or a person who, without compensation, performs construction, repair or alteration of any building, structure, lot or equipment on such owner's personal residence or lot shall not be considered a "contractor" for purposes of this article.

FAMILY MEMBER

A brother, sister, mother, father, aunt, uncle, stepbrother, stepmother, stepfather, half-brother, half-sister, father-in-law, mother-in-law, brother-in-law or sister-in-law.

GENERAL CONTRACTOR

A contractor who uses one or more tradespersons or subcontractors to perform the required construction to complete any project for which a building permit is required and has general supervisory authority over such work.

SUBCONTRACTOR

A contractor who, for a general contractor or another contractor, performs only that type of work that is classified as a trade, including, but not limited to:

	Carpentry
	Plumbing
	Asphalt/Concrete
	HVAC
	Masonry
	Drywall
	Dampproofing
	Electric
	Elevators
	Demolition
	Siding/EIFS and masonry stucco
	Irrigation sprinkler system
	Fire suppression and alarm systems
	Swimming pools and spas
	Excavation
	Insulation
	Waterproofing
	Roofers
	Structure movers

§ 83-29 Registration required; exception.

No person shall act or perform any services as a contractor or subcontractor within the Village without first registering with the Village in compliance with this article. It shall be unlawful for any person to perform any services as a contractor or subcontractor within the Village without displaying proof of registration with the Village upon request. Notwithstanding the foregoing, an electrical contractor who is registered in another municipality shall not be required to register hereunder or pay a registration fee, provided, before performing any work in the Village, such electrical contractor shall notify the Village of his or her intent to perform such work and shall provide the Village with a copy of such electrical contractor's current municipal registration.

§ 83-30 Registration application.

A. All applications for registration required in § 83-29 shall be made in writing to the Village upon forms furnished by the Village.

B. Each application shall state:

(1) The name and business address of the applicant.

(2) Whether the application is a contractor's or subcontractor's registration application. If applicant is a contractor with tradespersons, a list of trades and tradespersons performing each trade will be required at the time of registration. A subcontractor will be required to list the trade or trades involved.

(3) A written statement that the applicant is familiar with all development and building Village ordinances, codes, rules and regulations and agrees to fully comply with the same, where applicable.

C. All contractors and subcontractors required to be licensed by the State of Illinois, in addition to the above, shall submit a copy of a current state license (example: roofers, plumbers, fire suppression, etc.).

D. Letters of intent are required for all plumbers and electricians.

E. A certificate of insurance evidencing the insurance coverages required pursuant to § 83-32 of this article is required.

§ 83-31 Registration fees and bonds.

A. Registration fees. All registrations shall be valid for one calendar year from January 1 to December 31. The fees for registration are as set forth in Chapter 114, Fees, Article II, of the Village Code.

B. Bonds. Each applicant for registration shall, before receiving such a registration, deposit with the Village a permit and license bond or surety bond, issued by a company approved and authorized to issue bonds by the State of Illinois, in favor of the Village in the penal sum of $20,000. Said bond shall be conditioned on the faithful compliance with the applicant's duties and compliance with all applicable Village ordinances, codes, rules and regulations.

§ 83-32 Liability insurance required.

A. No person shall act as a contractor or subcontractor within the Village, nor shall be registered, unless said contractor or subcontractor deposits with the Village a certificate of insurance issued to said general contractor or subcontractor by a company approved and authorized to issue such insurance by the State of Illinois, and said contractor or subcontractor shall continuously remain insured for the full period of the registration period, listing the Village as the certificate holder, and written in the following amounts:

(1) Contractor.

(a) General liability: $2,000,000 per occurrence.

(b) Worker's compensation and employer's liability: broad form coverage in amounts required by law.

(2) Subcontractor.

(a) General liability: amount approved by Village's Chief Building Official; certificate must show amount of insurance coverage.

(b) Worker's compensation and employer's liability: broad form coverage in amounts required by law.

(3) A contractor with no employees shall submit an affidavit (sworn and notarized statement) to that fact at the time of registration.

B. The certificate of insurance or bond shall contain a statement that it cannot be terminated during the registration period except upon 60 days' written notice to the Village Manager.

C. If said insurance should at any time expire, be cancelled or otherwise lapse, the registration of the general contractor or subcontractor shall be immediately revoked and the general contractor or subcontractor shall immediately cease all work within the Village.

D. The general contractor or subcontractor must immediately notify the Village if his or her insurance is cancelled.

E. Any and all insurance companies used by contractors or subcontractors to comply with the provision of this article shall maintain a minimum A rating.

§ 83-33 Registration issuance.

A. The Village shall register contractors to work in the Village upon proper application, compliance with the provisions of this article and payment of the fee required herein.

B. All one-year paid registrations shall be valid for one calendar year from January 1 to December 31 unless otherwise revoked in accordance with the provisions of this article. All registrations for less than one year shall be valid only for the specific time agreed to in writing unless otherwise revoked in accordance with the provisions of this article.

C. All contractors and subcontractors shall register prior to being issued any building permits by the Village.

§ 83-34 Scope of contractor obligations.

A. All contractors and subcontractors shall comply with the provisions of all Village codes, rules, regulations and ordinances during the performance of construction activities within the Village.

B. All contractors and subcontractors shall be responsible for any and all employees working for them or under their license or registration.

C. All contractors shall hire or employ only subcontractors who are registered under this article.

§ 83-35 Registration revocation.

A. Any registration issued under the provisions of this article may be revoked by the Village for any violation of any of the provisions of this article. Such revocation shall be in addition to any fine or penalty imposed.

B. No person whose registration has been revoked as herein provided shall be eligible for a new registration for a period to be determined by the Chief Building Official and Village Manager based on the severity of the violation.

C. All appeals from action of the Village to revoke a contractor's or subcontractor's registration shall be filed within 10 days of such action with the Village Manager, who shall conduct a hearing on such revocation.

D. The Village may refuse to issue a registration in the event that any of the provisions of this article have not been met. Any appeals from an action of the Village to refuse to issue a contractor's or subcontractor's registration should be filed within 10 days with the Village Manager, who shall conduct a hearing on such refusal to issue a registration.

§ 83-36 Penalty. [1]

In addition to any other remedies available to the Village, any person found to have violated any of the provisions of this article shall, upon conviction thereof, be fined in an amount of not less than $250 and not more than $1,000. A separate violation of this article shall be deemed to have been committed on each day during which a violation occurs or is permitted to continue. The Village shall have the right to file legal action to enjoin activities which are in violation of the provisions of this article.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).