Chapter 5.12
CONTRACTORS
Sections:
5.12.010 Scope—Contractor defined.
5.12.020 License—Required—Exceptions.
5.12.030 Licenses and certificates of qualification—Authority to issue, and revoke.
5.12.040 Licenses—Certified supervisor required.
5.12.050 Licenses and certificates—Application.
5.12.060 Licensing examination.
5.12.070 State licenses—Prerequisite for city license.
5.12.080 Permits—Prerequisites.
5.12.100 Permits—Issuance to licensed contractor.
5.12.110 License validity—Active certified supervisor required.
5.12.120 Licenses and certificates—Expiration and renewal.
5.12.130 Licenses—Insurance required.
5.12.140 Classification of licenses.
5.12.150 License fee schedule.
5.12.160 Classification and qualification of supervisor.
5.12.170 Suspension of licenses or certificates—Hearing.
5.12.180 Suspension and revocation—Power of the Board—Grounds.
5.12.010 Scope—Contractor defined.
A. Contractors. This chapter provides for the licensing of contractors and certification of supervisors for such contractors who are defined as follows: Any person, firm, partnership, corporation, association or organization or any combination thereof who undertakes for himself, or with or for another, within the city to build, construct, alter, repair, add to, wreck or move any building or structure or any portion thereof or do any work or supervise any work for which a license, or certificate of qualification is required under the provisions of this chapter for a fixed sum, price, fee percentage, trade in kind, or other compensation including the cost of the materials or labor or any combination thereof.
B. Public Right of Hearing. This chapter also provides for the administrative review of suspension or revocation of the licenses of contractors who are licensed under this chapter. (Prior code § 5-31)
5.12.020 License—Required—Exceptions.
A. Licenses are required as specified in this section and it is a violation of this code for any person to perform any work covered by the Glendale Building Code without a license except as allowed by this code.
B. Exceptions.
1. Owners or agents doing ordinary maintenance or repair which do not involve the structure of the building. Owners, other than homeowners, are not allowed to do remodeling, alterations or additions without a licensed contractor.
2. Owners doing not more than two thousand dollars ($2,000.00) in work value in any three (3) consecutive months would be excepted from the requirements of this section, except when electrical or gas line work is involved.
3. Public utility companies (under PUC control) are not required to obtain the licenses described in this chapter when engaged in the installation, operation and maintenance of their equipment used for the production, generation of distribution of the utility product or service through the facilities owned or operated by the utility company to the point of customer service. (Prior code § 5-32 (b))
5.12.030 Licenses and certificates of qualification—Authority to issue, and revoke.
The Glendale Building Board of Appeals referred to as “the Board,” is vested with the authority to establish licensing procedures to fulfill the intent of this chapter, to qualify applicants for licenses or certificates, to authorize the issuance and renewal of licenses or certificates, and to suspend or revoke licenses or certificates. The Board is vested with the authority to issue and to renew licenses and certificates pursuant to the authorization pursuant to this chapter or other ordinances of the city. (Prior code § 5-32 (a))
5.12.040 Licenses—Certified supervisor required.
A. Every licensee shall be required to have in his employ a supervisor who holds a supervisor certificate of qualification for that particular license. A plumbing contractor shall be required to have in his employ a supervisor who holds a valid master plumber’s license issued by the state. Plumbing supervisors shall not be required to hold a supervisor certificate of qualification.
B. Exception. The following licenses shall not require a certified supervisor:
1. Building contractor, Class C-3, Class C-5, Class C-6, Class C-7, Class C-9, Class C-10, Class C-12, Class C-13, Class C-14;
2. Domestic appliance contractors; and
3. Special contractors. (Prior code § 5-32 (c))
5.12.050 Licenses and certificates—Application.
Applications for licenses and supervisor certificates shall be on such forms as are supplied by the Building Department, and shall furnish such information as the Board may prescribe, and shall be accompanied by the required fees as set out in this chapter. Applicants must be at least eighteen (18) years of age. An application fee of twenty dollars ($20.00) shall accompany the application. (Prior code § 5-32 (d))
5.12.060 Licensing examination.
Examinations shall be given at reasonable intervals. If the applicant fails the exam, he may take another exam after thirty (30) days. If he fails the second exam, he may take another exam after six (6) months. The Board may deviate from this time requirement when they feel there are extenuating circumstances. (Prior code § 5-33 (a))
5.12.070 State licenses—Prerequisite for city license.
Whenever the laws of the state require that a particular trade be licensed, then such license shall be a prerequisite for applicants for licensing under the Building Department. If the applicant is qualified the Building Official will issue the applicant a license, upon payment of the annual fee prescribed in this code. Each annual fee shall be in addition to the application fee. (Prior code § 5-33 (b))
5.12.080 Permits—Prerequisites.
No permits shall be issued to any contractor who has not first obtained a license as required in this code and has in his employ the required supervisor, or who is delinquent in the payment of his annual fee, or whose license has been suspended or revoked by action of the Board. (Prior code § 5-33 (c))
5.12.090 Temporary permits.
The Building Official may, at his discretion, issue temporary permits to contractors licensed in other cities whose applications have been filed pending action of the Board of Review, providing the full first year’s license fee and insurance certificates have been deposited with him. Such temporary permits may be revoked if the application for a license is denied by the Board or at the discretion of the Building Official. Conditional or probational licenses may be granted to a contractor where the Board deems it necessary in order to establish capability prior to the actual license issuance. (Prior code § 5-33 (d))
5.12.100 Permits—Issuance to licensed contractor.
On any work requiring a licensed contractor, permits shall be issued only to the contractor or to his authorized. representative. (Prior code § 5-33 (e))
5.12.110 License validity—Active certified supervisor required.
The license is valid only as long as the named supervisor shall remain in the employ of the licensee in an active, full-time capacity and shall provide personal supervision at the work, job, or project site in the city adhering to reasonable standards of personal attendance as determined by the Board. The respective licensee’s rights to do business are dependent upon the continued retention of the person carrying the certificate of qualification in an active capacity. Whenever this person terminates his active capacity or otherwise becomes inactive, the licensee shall immediately notify the Building Official. There is a thirty-day grace period in order to acquire a certified supervisor before complete termination of the license and re-examination before the Board. The license shall terminate automatically if, after notification to renew within thirty (30) days, the holder fails to do so. (Prior code § 5-33 (f))
5.12.120 Licenses and certificates—Expiration and renewal.
All licenses and certificates shall expire on the thirty-first (31st) day of December of each year and it is the responsibility of the contractor to renew the license or certificate at that time. The Board may grant a grace period of up to thirty (30) days upon reasonable cause. When a license or certificate is issued after September 30th, the fee shall be two-thirds (2/3) of the annual license fee, and shall expire December 31st of the year issued. No permits may be obtained nor work already under permit be continued until the license has been reissued, or the certificate has been renewed, as provided for in this section. Licenses and certificates may be renewed without re-examination upon the payment of the fees for the current year, providing they have not expired, been suspended or been revoked by action of the Board. After the license or certificate has passed one month without renewal, the contractor will be required to apply for a new license or certificate instead of using the renewal procedure. (Prior code § 5-33 (g))
5.12.130 Licenses—Insurance required.
Every contractor granted a license under the provision of this chapter is required to maintain the following types and amounts of insurance at all times:
A. All contractors: Workman’s compensation, employee’s liability.
B. Building Contractor Class A and Class B, Construction Management Firms and Demolition Contractors: Public liability minimum limits of not less than five hundred thousand dollars ($500,000.00) for any one person, and one million dollars ($1,000,000.00) in any one accident and public property damage with a minimum of not less than five hundred thousand dollars ($500,000.00) for any one accident.
C. All other contractors: Public liability within minimum limits of not less than one hundred thousand dollars ($100,000.00) for any one person, and three hundred thousand dollars ($300,000.00) in any one accident, and public property damage with a minimum of not less than one hundred thousand dollars ($100,000.00) for any one accident. (Ord. 1991-21 §§ 1, 2, 3; prior code § 5-33 (h))
5.12.140 Classification of licenses.
The following licenses are required for the work specified:
A. Building contractor Class A: To erect, add to, alter, or repair any building or structure. The demolition of a building or structure is permitted when the licensee establishes that he will erect a new building or addition on the same site. All work shall be performed under the supervision of the holder of Class A building supervisor’s certificate.
B. Building contractor Class B: To erect, add to, alter, or repair any structure or building, except those buildings of required Type I or Type II construction shall not exceed the height and area which is permitted for a Type III building. The demolition or partial demolition of any group R-3 occupancy or one-story building or structure is permitted when the licensee establishes that he will erect a building or addition on the same site. All work shall be performed under the supervision of the holder of a Class A or Class B building supervisor’s certificate.
C. Building contractor Class C: All work enumerated in this section shall be performed under the supervision of a holder of a Class A or Class B building supervisor’s certificate, or the particular Class C building supervisor’s certificate:
1. Lathing, Plastering, and Drywall. Installation of all lathing, plastering, and drywall including the installation of nonbearing partitions and stucco;
2. Roofing. Installation of roof coverings including valleys, gutters and downspouts;
3. Waterproofing. Installation of waterproofing and damp-proofing of foundations;
4. Masonry. Laying and forming of all types of masonry;
5. Excavators, Caisson Drillers and Drain Layers. Excavate for foundations, drill foundation caisson and excavate trenches and lay drain piping;
6. Concrete. Forming and pouring for concrete buildings and structures including footings, foundations, and flatwork;
7. Swimming Pools. Installation of swimming pools except utilities;
8. Fire Protection: To install and repair fire extinguishing systems of all types, to install, maintain and repair smoke detection systems;
9. Insulation. Installation of all types of building insulation;
10. Fences. Installation of all types of fences except masonry;
11. Precast Building Units. The erection of precast concrete structural units for all types of buildings and structures;
12. Lawn Sprinklers. To install lawn sprinkler systems including installation of check and vacuum valves and connections to potable water supply;
13. Patios, Carports, Sidings and Awnings. To install, repair or maintain all patios, carports, siding, and awnings;
14. Glass and glazing;
15. Wood Framing. The fabrication and erection of wood framing for all types of buildings or structures;
16. Structural Metal. The fabrication and erection of structural metal for all types of buildings and/or structures, excluding the complete construction of a Type IV building.
D. Construction Management Firms: To administer and coordinate those trades and contracts directly engaged in the construction of buildings, structures, and utilities. The holder of this license shall conform to all of the provisions of the building codes and this chapter, except that he shall not be permitted to obtain permits. This license shall require a construction certificate holder who shall be certified in the class of construction being performed and be an employee of the construction management firm.
E. Demolition Contractor: To demolish any building, structure or utilities or portion thereof. All work shall be performed under the supervision of a holder of a demolition supervisor’s certificate.
F. Moving Contractor: Moving of all types of buildings or structures. All work shall be performed under the supervision of a holder of a moving supervisor’s certificate having the required liability, property, workman’s compensation and other insurances.
G. Sign Contractor: To fabricate, install, erect, or maintain all types of signs. All work shall be performed under the supervision of the holder of a sign supervisor’s certificate.
H. Mechanical Contractor: To install, add to, alter, or repair warm air heating, ventilating, evaporative and refrigeration cooling, exhaust systems and their appurtenances. Also hot water systems, process piping, refrigeration systems and related appurtenances.
I. Elevator Contractor: To install, add to, alter, or repair elevators, escalators, moving walks and dumbwaiters.
J. Domestic Appliance Contractor: To install, repair, and replace domestic appliances in Groups R-1; R-3 and M occupancies.
K. Plumbing Contractor: To install, add to, alter, or repair sanitary plumbing, potable water supply piping, and appliances connected thereto; storm sewer; gas piping; water heaters; piping for the transmission of chemicals and gases; gas ranges; domestic gas incinerators; gas dryers; pool piping; and process piping. All work shall be performed under the supervision of the holder of a master plumber’s license as issued by the state.
L. Special Contractor: Shall entitle the holder thereof to contract for all other trades not specifically classified elsewhere in this chapter, such as, but not limited to, painters, carpet layers, tilers, landscapers, asphalt pavers, or any other particular trade or work connected with the building industry. All work classified under this license shall be limited to the trade specified in such license.
M. Communication Contractor: To install, add to, alter or repair communication circuits including telephone, cable TV, computer systems, or any other low voltage system connected by wire from one location to another. (Prior code § 5-34)
5.12.150 License fee schedule.
Fees for licenses shall be as follows:
|
Title |
Fee |
|---|---|
|
Building Class A |
$200.00 |
|
Building Class B |
25.00 |
|
Building Class C |
75.00 |
|
Construction management |
200.00 |
|
Demolition contractor |
75.00 |
|
Moving contractor |
75.00 |
|
Sign contractor |
75.00 |
|
Mechanical contractor |
75.00 |
|
Elevator contractor |
75.00 |
|
Domestic appliance contractor |
75.00 |
|
Plumbing contractor |
75.00 |
|
Special contractor |
75.00 |
|
Communication contractor |
75.00 |
(Prior code § 5-35 (a))
5.12.160 Classification and qualification of supervisor.
A. Supervisor certificates are required for the contractor licenses as follows:
|
Contractor License |
Supervisor Certificate Required |
|---|---|
|
Building Class A |
Construction Class A |
|
Building Class B |
Construction Class B |
|
Building Class C-1 |
Construction Class C-1 |
|
Building Class C-2 |
Construction Class C-2 |
|
Building Class C-3 |
Not required |
|
Building Class C-4 |
Construction Class C-4 |
|
Building Class C-5 |
Not required |
|
Building Class C-6 |
Not required |
|
Building Class C-7 |
Not required |
|
Building Class C-8 |
Construction Class C-8 |
|
Building Class C-9 |
Not required |
|
Building Class C-10 |
Not required |
|
Building Class C-11 |
Construction Class C-11 |
|
Building Class C-12 |
Not required |
|
Building Class C-13 |
Not required |
|
Building Class C-14 |
Not required |
|
Building Class C-15 |
Construction Class C-15 |
|
Building Class C-16 |
Construction Class C-16 |
|
Construction management firm |
Construction Class A or B |
|
Demolition contractor |
Demolition Class A |
|
Moving contractor |
Moving Class A |
|
Sign contractor |
Sign Class A |
|
Mechanical contractor |
Mechanical Class A |
|
Elevator contractor |
Elevator Class A |
|
Domestic appliance |
Not required |
|
Plumbing |
State master plumber’s license |
|
Special |
Not required |
|
Communication contractor |
Communication Class A |
B. Supervisor Certificate of Qualification. All licenses issued by the Board shall require a certificate of qualification for the particular work to be performed in accordance with Section 5.12.140. The certificate shall permit the holder thereof to be a supervisor under the license enumerated. (Prior code § 5-35 (b))
5.12.170 Suspension of licenses or certificates—Hearing.
The building official shall, upon the verified complaint in writing of any person, require any contractor or supervisor, pursuant to this code, to appear before the Board for hearing on the suspension or revocation of a license or certificate. The contractor or certificated individual shall be given a copy of the complaint and a written notice of the time and place of the contemplated hearing before the Board at least twenty (20) days prior to the hearing. The written notice shall be served personally or shall be posted by first class mail to the last known post office address. At the hearing before the Board, the contractor or certificated person shall have the right to present his or its case by oral and documentary evidence; to submit rebuttal evidence; to conduct such cross-examination as may be required for a full and true disclosure of the facts. The contractor, or certificated person shall be entitled at the hearing to have the benefit of legal council of his or its own choosing and at his or its own expense. (Prior code § 5-36 (a))
5.12.180 Suspension and revocation—Power of the Board—Grounds.
A. The Board, after review of the evidence presented, shall have the power to suspend of revoke the license or certificate, and to suspend or revoke the contractors right to act as a contractor, and shall have the power to suspend or revoke the right of the certificated person to serve for any other partnership if, in the opinion of three (3) of the five (5) Board members, the evidence supports a finding that the contractor and/or the certificate holder committed one or more of the following or omissions:
1. Fraudulent departure from plans or specifications without authority from the owner, or the owner’s authorized representative;
2. Wilfully violating any provisions of the building code including any codes which are adopted by reference;
3. Failure to comply with any lawful order of the Building Official or any other authorized representative of the city employed by the Building Department pertaining to the administration of the building code and those codes adopted by reference as set forth in paragraph 2 of this subsection;
4. Fraudulently using a contractor’s license to obtain permits required under this code for any other person, corporation or legal entity;
5. Misrepresentation by an applicant of a material fact when applying for a contractor’s license, or fraud in obtaining a contractor’s license;
6. Failure to obtain a proper permit for any work for which a permit is required by virtue of this code;
7. Commitment of any act of gross negligence in the conduct of the contractor’s specific trade or business on work done by the contractor which is regulated by the provisions of the building code;
8. Conviction by a court having competent jurisdiction of the contractor and/or the examinee of fraudulent use of funds or property received by virtue of contract.
B. Definitions.
1. “Wilfully,” as used in subsection A of this section is defined as designed; intentional; not accidental or involuntary; proceeding from a conscious motion of the will. A wilful act may be described as one done intentionally, knowingly and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly, or inadvertently.
2. The elements necessary for establishing “fraudulent” acts or conduct are:
a. The contractor made a false representation of a past or present fact;
b. The fact was material;
c. The contractor made the representation without an honest belief that it was true;
d. The contractor made the representation with the intent that the owner act or refrain from acting in reliance on it;
e. The owner, relying on the representation, acted or refrained from acting as the contractor intended;
f. The owner’s reliance was justified.
If the Board finds that all of these elements have been established by a preponderance of the evidence, then it may find that the contractor has committed a fraudulent act or acts or has committed fraudulent conduct. If, on the other hand any one or more of the elements has not been established by a preponderance of the evidence, the Board of Review shall not find the acts or conduct to be fraudulent.
3. “Gross negligence,” as used in subsection F of this section is defined as negligence which consists of an affirmative act purposefully committed, or the purposeful failure to do an act, which the contractor (or examinee) was under a duty to perform, which act or omission the contractor (or examinee) knew was dangerous to another’s person or property and which he performed or omitted heedlessly, without regard to the consequences or of the rights or safety of another’s person or property. Gross negligence is sometimes characterized as wilful, wanton, or reckless negligence.
C. Voluntary Suspension. The Board may voluntarily suspend licenses upon the written consent and approval of the licensee. (Prior code § 5-36 (b, c, d))