The Council finds it to be in the best interest of the residents of
the city that contractors who engage in home improvements, as herein defined,
be required to obtain a license from the city for such purpose, to the end
that only responsible and qualified persons shall be permitted to engage in
such business in the city.
No person may engage in or transact any home improvement business or
hold himself out to the public as doing home improvement business or solicit
any home improvement business in the city except in compliance with the applicable
provisions of this chapter. No person may engage in this city in any trade
or practice or other act prohibited by any provision of this chapter; and
any person who willfully participates in a prohibited act or violation is
subject to the criminal penalty therefor. The provisions of this chapter may
not be waived by agreement.
As used in this chapter, the following terms shall have the meanings
indicated:
CONTRACTOR
Any person, other than a bona fide employee of the owner, who undertakes
or offers to undertake or agrees to perform any home improvement, whether
or not such person is licensed or subject to the licensing requirements of
this chapter and whether or not such person is a prime contractor or subcontractor
with respect to the owner.
HOME IMPROVEMENT
The repair, replacement, remodeling, alteration, conversion, modernization,
improvement or addition to any land or building, or that portion thereof which
is used or designed to be used as a residence or dwelling place; and shall
include the construction, replacement or improvement of driveways, swimming
pools, porches, garages, landscaping, fences, fallout shelters and other improvements
to structures or upon land which is adjacent to a dwelling house.
A.
"Home improvement" shall not include:
B.
The construction of a new home building or work done by a contractor
in compliance with a guarantee of completion of a new building project; or
C.
The sale of goods or materials 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 or materials.
D.
Without regard to the extent of affixation, "home improvement" includes
the installation of central heating or air-conditioning systems, storm windows,
awnings or fire alarms.
HOME IMPROVEMENT CONTRACT
An agreement, whether oral or written or contained in one or more
documents, between a contractor and an owner for the performance of a home
improvement, and includes all labor, services and materials to be furnished
and performed thereunder.
OWNER
Any home owner, tenant or any other person who orders, contracts
for or purchases the home improvement services of a contractor, or the person
entitled to the performance of the work of a contractor pursuant to a home
improvement contract.
PERSON
An individual, partnership, corporation, trust, association, owner,
contractor, salesman or any other legal entity.
No license shall be issued or become effective until the applicant pays
to the City Treasurer the sum of $80.
Except as otherwise specifically exempted by the provisions of this
chapter, no person shall act in the capacity of a contractor unless authorized
to do so by a subsisting license issued in accordance with the provisions
of this chapter.
No contractor's license shall be required of any person when acting
in the particular capacity or particular type of transaction set forth in
this section:
A. An individual who performs labor or services for a contractor
for wages or salary.
B. A plumber, architect or any other such person who is
required by state or local 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 pursuant to such other law.
C. Any home improvement, where the aggregate contract price
for all labor, materials and other items is less than $200. This exemption
does not apply where the work is only part of a larger or major operation,
whether undertaken by the same or a different contractor, or in which a division
of the operation is made in contracts of amounts less than $200 for the purpose
of evasion of this provision or otherwise.
For the protection of the people of this city, no license shall be issued
or continued if already issued, where:
A. The person or the management personnel of the person
are untrustworthy or not of good character; or
B. The home improvement transactions of the person have
been marked by a practice of failure to perform contracts or the manipulation
of assets or accounts or by fraud or bad faith.