No permit for work required by this code shall be issued to
any contractor or other person unless such contractor or person is
registered with the building official of the city in accordance with
the following provisions:
Exceptions:
(1)
No registration shall be required for a homeowner seeking a permit
to perform authorized work on his/her existing primary personal residence
(homestead), provided that the homeowner and/or an immediate family
member personally performs the work and no such person holds himself
out as providing contracting services for the public. Any such homeowner
seeking to construct his own home, including the installation and
setup of any moved building or manufactured home, shall be required
to be registered as a contractor.
(2)
No registration shall be required for a building owner seeking a
permit to perform authorized work on rental residential property owned
by him, or on business property owned and occupied by him, provided
that he personally performs the work and does not hold himself out
as performing contracting services for the public.
(3)
No registration shall be required for full-time building maintenance
personnel seeking a permit to perform authorized work on a commercial
building owned and occupied by persons employed by the same company
or organization, provided that they do not hold themselves out as
performing contracting services for the public.
(4)
The building official may require any proof deemed necessary to verify
ownership and occupancy for the purposes of (1) and (2) above, and
may require the applicant's execution of an affidavit attesting to
any fact that cannot otherwise be verified, including a sworn statement
that the project will not be subcontracted to other parties.
(5)
The above exceptions shall not be construed as authorizing work for
which a license is otherwise required by applicable state law.
(1983 Code, sec. 6-29; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
Application for registration as a contractor shall be made upon
forms provided by the building official. All data requested shall
be provided. In addition to a completed application form, proof of
insurance and/or bonding, as specified below, shall be provided at
the time of application, as well as all required registration fees.
(1983 Code, sec. 6-30; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
Except as may otherwise be provided in this article, any person,
firm or corporation seeking registration as a contractor in order
to obtain permits required by this code shall file with the building
official a good and sufficient bond in the amount of twenty thousand
dollars ($20,000.00) issued by a surety company authorized to do business
in the state. Such bond shall contain language approved by the city
attorney for its intended purpose, and shall be conditioned upon compliance
with all provisions of the building code, and all other applicable
ordinances and regulations of the city by the principal, his agents
and employees. All sureties on said bond shall be liable for breach
thereof to the city, to the owner of the property upon which work
is performed, to any person, firm or corporation with whom the principal
has contracted either orally or in writing to perform building construction,
alteration, repair or other work, and to any person who may be damaged
or injured by the principal's failure to comply with the regulations,
ordinances and building code of the city. A claim upon said bond may
be made by any person damaged by reason of the principal's failure
to perform his obligations under the ordinances, building code and
regulations of the city. Suspension or revocation of any license or
permit shall not limit the liability of either the principal or the
surety on any such bond.
(1983 Code, sec. 6-31; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2012-O0055, sec. 2,
adopted 6/7/2012)
Any person, firm or corporation seeking to obtain permits required
by this code shall have in force a comprehensive general liability
insurance policy in a minimum amount of one hundred thousand dollars
($100,000.00) per occurrence, and including coverage for bodily injury
and property damage with products liability and completed operations
coverage. Prior to approval of any permits, the applicant shall furnish
the building official with a certificate of insurance evidencing the
required insurance coverage. The certificate shall include the company
name and DBA, if applicable, and shall clearly indicate the nature
of the work for which permits are sought. The insurance coverage shall
include a provision that in the event such coverage is cancelled or
reduced, the insurance carrier shall notify the building official
at least ten (10) days prior to such cancellation or reduction in
coverage. Any active permit shall be automatically suspended during
any period in which the applicant fails to maintain in effect the
required insurance coverage.
(1983 Code, sec. 6-32; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
The building official may deny, suspend, or revoke a contractor
registration under the following conditions:
(1)
Failure to accurately complete the application form;
(2)
Failure to obtain and keep in effect required insurance or bonds;
(3)
Failure to pay required fees;
(4)
Receipt of a notice of insufficient funds for checks made payable
to the City of Lubbock for registration or permit fees;
(5)
Providing false information on any application;
(6)
Failure to maintain and keep in effect any license, registration,
or certification required by the State of Texas in order to legally
pursue the applicable construction trade, or violation of applicable
State of Texas licensing laws;
(7)
Refusal to correct violations of this code after notice;
(8)
Continuous or repeated violations of the city Code of Ordinances
or applicable state or federal laws;
(9)
Gross technical incompetence, as evidenced by work quality not meeting
applicable codes or accepted industry standards, that could reasonably
be determined to constitute a hazard to the health, safety or welfare
of any person;
(10)
Illegal behavior towards a government employee during the discharge
of his or her official duties.
(11)
For purposes of (9) above, an acceptable guideline for determining
"accepted industry standards" shall include the specifications recommended
by the Construction Specifications Institute (CSI), and/or the performance
standards promulgated by the Texas Residential Construction Commission.
(12)
With regard to (6)–(10) above, the registered contractor shall
be responsible for the actions of all subcontractors or tradesmen
performing work under the scope of the contractor's permit.
(1983 Code, sec. 6-33; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
A situation where a registration has been denied, suspended
or revoked under section 28.04.005(7)–(9) above may be appealed
to the license and permit appeals board.
(1983 Code, sec. 6-34; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
(a)
Registrations shall expire December 31 of each year and must be renewed
annually in order to obtain permits or to continue work pursuant to
active permits.
(b)
Failure to keep proper bonds or insurance in force will result in
automatic termination of registration and will invalidate any active
permits. In order to reinstate registration and any active permits,
all fees, including registration and permit fees, must again be paid
as for an initial application.
(1983 Code, sec. 6-35; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2011-O0042, sec. 1,
adopted 5/31/2011)
The initial registration fee shall be one hundred dollars ($100.00) if paid January through March, seventy-five dollars ($75.00) if paid April through June, fifty dollars ($50.00) if paid July through September, and twenty-five dollars ($25.00) if paid October through December. Annual renewal fees shall be fifty dollars ($50.00). Fees may be adjusted periodically in accordance with section 1.03.004 of this Code of Ordinances. If an active registration is not renewed by December 31 and subsequently expires, fees for reregistration shall be as for an initial registration.
(1983 Code, sec. 6-36; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
The building owner and any contractor performing work governed by the technical codes are jointly responsible for compliance with the provisions of this chapter. Where a contractor is employed by the owner to perform said work, the contractor must be registered in accordance with section 28.04.001 of this article, and must obtain all required permits. Where a contractor is otherwise required to be licensed by the state to practice in his/her respective area, and the statutes governing that licensee prohibit the city from requiring that the licensee obtain a registration, permit, or other approval from the city in connection with their practice, then the property owner is responsible for ensuring compliance of the work with the provisions of this chapter, including any requirement to submit construction documents and obtain permits or inspection approvals. The term "property owner" includes authorized representatives of the owner, such as full-time maintenance personnel, property management agents, and employees working in a supervisory capacity with responsibility for the premises.
(Ordinance 2010-O0017, sec. 2, adopted 3/4/2010)
