Chapter 5.36
CONTRACTORS*
Sections:
5.36.020 License required – Exceptions.
5.36.030 Classification of contractors.
5.36.060 Application – Contents.
5.36.070 Application – Credit report – Experience of applicant.
5.36.080 Application – Investigation by building official.
5.36.100 Application – Approval or disapproval.
5.36.120 Licenses and bonds – Term.
5.36.140 Insurance in lieu of bond.
5.36.150 License – Suspension, revocation and appeal.
5.36.170 License – Higher classification – Procedure for obtaining.
5.36.180 License – Time limit for renewal.
5.36.190 License fees additional.
*For statutory provisions regarding licensing and bonding of contractors by the state, see Chapter 18.27 RCW.
5.36.010 Definitions.
For the purpose of this chapter the following terms shall be construed to have the meanings herein given them:
(1) “Building” means a combination of materials to form a construction that is safe and stable, and among other things is adapted to intermittent or continuous occupancy for public, institutional, residence, manufacturing business or storage purpose; the term “building” shall be construed as if followed by the words “or part thereof”;
(2) “Building contractor or subcontractor” is a person who establishes himself in any phase of, or who advertises in any manner that he is engaged in, the business of erecting, remodeling or repairing buildings or structures in whole or part for other persons;
(3) “Building official” means the officer or his duly authorized representative charged with the administration and enforcement of the building code of the city;
(4) “General contractor” means a contractor who engages in the work of erecting, constructing, repairing, remodeling or altering commercial, public or industrial buildings or structures and public works;
(5) “Owner” means the person who has title or deed to any lot or plot of land and improvements thereon including his duly authorized agent or attorney, a purchaser, devisee, fiduciary, and a person having a vested or contingent interest in the property in question;
(6) “Person” means an individual, firm, partnership, corporation or association;
(7) “Residential contractor” means a contractor who engages in the work of erecting, constructing, repairing, remodeling or altering residential types of buildings, including single-family homes, duplex residences, multifamily residences and accessory buildings thereto;
(8) “Specialty contractor or subcontractor” means a contractor who subcontracts specialty work for other contractors or who contracts to do such specialty work directly for property owners. “Specialty contractors or subcontractors” includes, among others, roofing, siding and fencing contractors; ornamental iron and sheet metal contractors; building movers and foundation contractors; floor finishers; blacktop and concrete finishers except those engaged in public works; painting contractors; automatic sprinkler contractors; gasoline pump and piping contractors; brick masons; plastering contractors; tile, linoleum and counter top layers; acoustical contractors; drywall application and finish contractors; excavating, grading and trenching contractors; glazing contractors; heating, ventilating and air conditioning contractors; insulation contractors; oil burner installers; refrigeration contractors; terrazzo and mosaic contractors; and wrecking and demolition contractors;
(9) “Structure” means a combination of materials to form a construction that is safe and stable; including among others, stadiums, gospel or circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks and towers, trestles, piers, wharves, sheds, coal bins, fences and display signs. (Ord. 1000 § 1, 1959).
5.36.020 License required – Exceptions.
(1) It is unlawful for any person to carry on or engage in business as a building contractor or subcontractor in the city without first having obtained a license from the building official to do so; provided however, that this chapter shall not apply to any owner who may build, remodel or repair his own home or accessory buildings thereto, or to the remodeling, repairing or alteration of any other building or structure which he owns as long as the work does not involve structural changes.
(2) Any owner who builds more than one home in any 24 consecutive calendar months, or who builds homes for rent or sale, shall be considered a building contractor and must apply to the building official for a building contractor’s license for the work involved.
(3) For the purpose of this section, an owner must personally occupy any home he may erect for a period of at least six months, otherwise he is to be considered a building contractor and must apply to the building official for a building contractor’s license for the type of work involved. (Ord. 1000 § 2, 1959).
5.36.030 Classification of contractors.
(1) Contractors’ licenses must be secured, according to the following classifications, by any person engaged in any type of building construction, repair, remodeling or altering within the city, unless hereinafter specifically exempted.
(2) Contractors shall be classified generally as follows:
(a) General contractors;
(b) Residential contractors;
(c) Specialty contractors or subcontractors.
(3) All contractors shall operate only within the general classification for which they are licensed; provided, that general contractors may operate in any field of construction work. Specialty contractors or subcontractors shall operate only within the specific specialized craft for which they are licensed unless they secure separate licenses to engage in more than one specialized craft. (Ord. 1000 § 3, 1959).
5.36.040 Exemptions.
By reason of the fact that the licensing of electrical contractors and subcontractors, plumbing contractors and subcontractors, sewer contractors and subcontractors, and master gas fitting contractors and subcontractors, is provided for by LMC Title 16, the provisions of this chapter shall not apply to such contractors and subcontractors. (Ord. 1000 § 4, 1959).
5.36.050 Permits.
The building official shall not issue any permit to any person covered by this chapter except an owner, as herein defined, for the erection, construction, repair, remodeling or alteration of any building or structure until such person shall have secured a license in accordance with the terms of this chapter. (Ord. 1000 § 5, 1959).
5.36.060 Application – Contents.
Except for those persons herein specifically exempt, any person desiring to engage in the business of building contractor or subcontractor shall make application to the building official for a contractor’s license on blanks provided for that purpose, which application shall state the name, business and residence address of the applicant, and, if the applicant is a corporation, the names of its officers and their residences, and, if the applicant is a partnership, firm or other association, the names and residences of the responsible persons. (Ord. 1000 § 6, 1959).
5.36.070 Application – Credit report – Experience of applicant.
The applicant for an initial contractor’s license shall also submit a credit report or financial statement which will indicate to the satisfaction of the city council that the applicant is responsible and capable of completing any construction work he may undertake in accordance with the requirements of the building code of the city; and must show at least five years of experience in construction work of the general type for which he has applied for a license, or a structural or architectural engineering degree with at least two years’ actual experience, by letters from former employers or other qualified persons with at least two letters of recommendation from persons or firms currently active in the building construction industry. (Ord. 1000 § 6, 1959).
5.36.080 Application – Investigation by building official.
The building official shall investigate the applicant’s submitted references and credit report or financial statement, and shall report the result of his investigation to the city council either orally or in writing. The building official shall be given at least 15 days but in no case over 21 days to complete such investigation. (Ord. 1000 § 6, 1959).
5.36.090 Bond.
Except for such applicants whose phase of business of constructing, erecting, remodeling or altering a building or structure consists solely in painting, or laying floor coverings or laying tile or plastering or ornamental iron work, no applicant shall be issued a license hereunder until the applicant shall file a good and sufficient surety bond in the sum of $1,000 on an official bond form to be furnished by the city and executed by a surety company authorized to transact business as surety in the state, which bond shall be conditioned that the applicant shall fully comply with all provisions of the laws and ordinances of the city and supplemental amendments thereto pertaining to and governing erection, construction, remodeling, repair or alteration of any building or structure such applicant may undertake in the city and save harmless the city from suits, claims and damages resulting from or by reason of any carelessness, negligence or want of skill on the part of the applicant or those in his (their or its) employ, and that the applicant will forthwith repair all public streets, alleys and sidewalks which may be damaged by his operations to the satisfaction of the city engineer for the city and will remove all dirt and debris therefrom or cause the same to be cleaned up by the city sanitary department within 10 days from the time the same becomes littered with dirt or debris, and that applicant will leave said streets, alleys and sidewalks in as good condition as they were prior to his said operation. The total and aggregate liability of the surety under any such bond shall in no event exceed the sum of $1,000. (Ord. 1000 § 6, 1959).
5.36.100 Application – Approval or disapproval.
All applications for contractor’s licenses shall be approved or disapproved by the city council after investigation by the building official. All applicants for contractor’s licenses shall be informed by the building official of the time and place the city council will consider their applications. (Ord. 1000 § 6, 1959).
5.36.110 License – Issuance.
Upon such application being approved by the city council, and said bond being approved by the building official and upon payment of the license fee herein provided for, the building official shall issue the appropriate class of license to the applicant. (Ord. 1000 § 6, 1959).
5.36.120 Licenses and bonds – Term.
All licenses and bonds shall be issued for the calendar year and shall expire December 31st, next following the date of issue thereof. (Ord. 1000 § 6, 1959).
5.36.130 License – Renewal.
On application being made for the renewal of any presently existing valid contractor’s license, the building official shall issue such license without the necessity of applicant furnishing any application or other documents except the renewal of the aforesaid bond and the payment of the required fee. (Ord. 1000 § 7, 1959).
5.36.140 Insurance in lieu of bond.
All persons required by this chapter to secure a license, whose phase of the business of constructing, erecting, remodeling or altering a building or structure consists solely in painting or laying floor covering or laying tile or plastering, or ornamental iron work, shall be issued a license upon making application therefor upon the official blanks secured from the building official without giving the bond aforesaid; provided, that such persons shall carry current liability insurance in the sum of not less than $10,000 for personal injury to any member of the public and not less than $5,000 for property damage to any member of the public, and shall furnish to the building official, at the time of the application for said license, satisfactory proof of such insurance coverage. Such satisfactory proof shall consist of a duplicate copy of the applicant’s insurance policy or a certificate or record of insurance coverage issued by the applicant’s insurance company, showing the amount of insurance carried and signed by a duly authorized agent of the applicant’s insurance company. Such duplicate policy or certificate or record of insurance shall be left with the building official at all times. This section shall not preclude or prevent any such applicant from furnishing the aforementioned bond in lieu of such liability insurance, if any such applicant shall so desire. (Ord. 1000 § 8, 1959).
5.36.150 License – Suspension, revocation and appeal.
(1) The building official shall have the power to suspend and he shall suspend any license issued under the provisions of this chapter and stop all work thereunder for the willful violation of any building law or ordinance or for gross incompetency. The building official shall notify such licensee in writing of his action.
(2) Any person aggrieved by the action of the building official may, within 10 days thereafter, appeal to the council and the council may sustain, modify or overrule the action of the building official.
(3) The building official shall promptly file a report with the council of his action in suspending any such license, stating his reason therefor, and apply for revocation of the license of any such licensee. A copy of such report and application shall be served upon the licensee and he shall be notified of the time and place of the hearing. At such hearings the council may revoke any such license, or impose any terms upon its continuation which it may deem advisable.
(4) No license issued under this chapter shall be suspended or revoked because of faulty plans or specifications which may have been approved by the building official. (Ord. 1000 § 9, 1959).
5.36.160 License – Fees.
The license fee for all persons required to secure a license under this chapter shall be:
(1) General contractors: initial license fee, $100.00 per year; renewal license fee, $25.00 per year.
(2) Residential contractors: initial license fee, $75.00 per year; renewal license fee, $17.50 per year.
(3) Specialty contractors or subcontractors: initial license fee, $50.00 per year; renewal license fee, $12.50 per year. (Ord. 1398 § 1, 1968; Ord. 1000 § 10, 1959).
5.36.170 License – Higher classification – Procedure for obtaining.
In the event any contractor or subcontractor desires to secure a higher classification or additional classification of license, he shall be considered as a new applicant and the provisions of LMC 5.36.060 through 5.36.120 as well as the initial license fee for such classification shall apply, less the amount previously paid for a license during the current year, except that specialty contractors or subcontractors shall not be allowed any credit for any current license held where the application is for an additional license in the specialty field. (Ord. 1000 § 10, 1959).
5.36.180 License – Time limit for renewal.
Licenses must be renewed within 30 days of the expiration of the last valid license. Licenses not renewed within the specified time must be considered as new or initial licenses and requirements for initial contractor’s license, as above provided, must be complied with. (Ord. 1000 § 10, 1959).
5.36.190 License fees additional.
The license fees in LMC 5.36.160 shall be in addition to all other licenses and fees required by other ordinances of the city. (Ord. 1000 § 10, 1959).
5.36.200 Unlawful operations.
It is unlawful for any building contractor or subcontractor covered by this chapter to allow or permit any unlicensed contractor to undertake the construction of a building under any permit granted to him. (Ord. 1000 § 11, 1959).