HomeMy WebLinkAbout4311-07/06/1998 ORDINANCE NO. 4311
AN ORDINANCE AMENDING THE 1993 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
ADDING SECTION 9-10, CONTRACTOR LICENSING,
OF CHAPTER 9, BUILDING CODE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA, as follows :
That Section 9-10, Contractor Licensing, of Chapter 9,
Building Code of the 1993 Code of Ordinances of the City of
Waterloo, Iowa is hereby enacted as follows :
Sec. 9-10 . Contractor Licensing.
Any corporation, company, partnership, or person who desires
to construct, remodel, or repair any structure of which he/she/it
is not the owner and occupant or owner of record shall be
required to present a contractor' s license as set out herein
before any permit may be issued. Any exemption shall be
applicable only to one (1) , two (2) , three (3) , or four (4)
family residential properties .
Sec. 9-10 .1. Scope of Licenses - Contractor Licensing.
(a) Residential Building Contractor:
1 . Under City of Waterloo Building Code, all residential
building contractors who contract with an owner to
construct or improve dwellings for habitation by one to
four families and who provides more than two (2) special
skills (services) for a consumer, must be licensed--
unless exempt under one of the provisions noted in the
exemption section.
2 . A residential building contractor is any corporation,
company, partnership, or person in the business of
contracting or offering to contract with any residential
owner to construct residential dwellings and/or any
portions thereof and said construction involves two or
more of the following: excavation, masonry/concrete work,
carpentry, interior or exterior finishing, drywall and
plaster, or roofing. A residential building contractor
may also contract or offer to contract with an owner to
remodel or repair any existing residential property.
(b) Residential Remodeler:
1 . A residential remodeler is defined as any corporation,
company, partnership, or person in the business of
contracting or offering to contract with an owner to
2 . Perform any construction work on an existing residential
structure .
3 . Limitations . A residential remodeler is permitted to work
only on existing structures and is specifically
prohibited from changing the "foot print" of the existing
structure . A "foot print" is defined as the actual size
of the structure upon which work is permitted pursuant to
this ordinance.
(c) Scope of Roofing Unlimited: Those who are qualified to
install, repair, and replace roof covering. Work may include,
but shall not be limited to, roof deck insulation, roof coating,
painting and covering, including use of sheet metal products
incidental to roofing work or other material in connection
therewith, or any combination thereof, and including installation
of non-structural decking and siding.
EGGK u•1. PAGE 413
Ordinance 4311
Page 2
(d) Scope of Roofing Limited: Those who are qualified to
install, repair, and replace residential steep roof coverings .
Work may include fabrication and installation of sheet metal
incidental to residential steep roof coverings and installation
of asphalt shingles, asphalt roll roofing materials, clay tile,
concrete tile, slate, wood shake or shingles and other
prefabricated shingle products .
Sec. 9-10 .2 Licensing Requirements
(a) License Required: Any roofing contractor who
constructs, remodels, repairs, or performs any two (2) of the
following work, said contractor shall be licensed as applicable
in Section 9-10 . 1 (a) through (c) : excavation, masonry/concrete,
carpentry, interior finishing, exterior finishing, drywall and
plaster, or roofing.
(b) Roofing License Requirement : A separate license is
required for any corporation, company, partnership, or person who
engages in the business of working on residential one (1) , two
(2) , three (3) , or four (4) family dwellings in roof coverings,
roof sheathing, roof weatherproofing and insulation, and any
repair of roof systems .
(c) Company License : Any contractor other than a natural
person must designate one individual to serve as a qualifying
person who must take the licensing examination.
1 . Sole Proprietorship. The qualifying person of a sole
proprietorship may be the owner or managing employee .
2 . Partnership. Any partner or managing employee may be the
qualifying person.
3 . Corporation. The qualifying person must be the chief
executive officer or a managing employee .
(d) If the qualifying person is a managing employee, the
latter must be an employee who is regularly employed by the
company and actively engaged in the classification of work for
which the license is to be obtained.
(e) Licensing Exams : The examinee must achieve a passing
score in order to obtain a license . The exams shall test an
applicant ' s knowledge of the rules, regulations, materials,
building practices, as well as the various aspects of the
construction business .
(f) Exemption: The legal owner of any residential property
shall not be required to be licensed as a contractor in order to
remodel or repair the owner' s own property. However, permits must
be obtained.
Sec. 9-10 .3 . General Contractors Board of Licensing and
Examiners.
(a) Establishment of the Board. There is hereby
established a General Contractors Board for Licensing Examiners,
hereinafter referred to as the "Board" , with authority and
responsibility as follows :
1. Authority to license a corporation, company, partnership,
or a person as a Residential Building, Residential
Remodeler, Limited Roofing, Unlimited Roofing contractor.
2. To periodically review the provisions of the Waterloo
Building Code and recommend to the Building Official
changes to said ordinance .
COOK 33. PAGE41,.4
Ordinance 4311
Page 3
3 . Review issues and concerns of the building industry as
they relate to inspection and code administrations .
4. To review complaints against any contractor, and upon
substantiation of the complaint, the Board may require
the contractor to be re-licensed. Upon the third (3rd)
complaint, and subsequent complaints, the Board may
suspend or revoke the contractor' s license .
(b) Composition of the Board. The Board shall consist of
five (5) members, all of whose place of business or residence is
located in Black Hawk County. All members shall be qualified by
experience and training to evaluate applicants for testing. The
membership shall be as follows : Two (2) residential contractors,
two (2) commercial contractors and one (1) minority contractor.
The Building Official shall act as Secretary to the Board. No
one company or interest shall have more than one (1) member on
the Board.
(c) Appointment of Members and Terms of Office . The
members of the General
Contractors Board of Licensing and Examiners shall be appointed
by the Mayor with the approval of the City Council . After the
initial appointment of the Board, the terms of the members shall
be for three (3) years except that the initial terms shall be so
arranged and staggered that the terms of no more than two (2)
members shall expire on December 31 of any one (1) year. A
vacancy within any term shall be filled by appointment of the
Mayor with the approval of the City Council for the unexpired
portion of that term only. The members of the Board shall serve
without compensation.
The Board shall designate a member as chairperson and vice-
chairperson and shall adopt reasonable rules for conducting its
investigations and proceedings, and shall render all decisions
and findings in writing to the Building Official with a duplicate
copy to the appellant and may recommend to the City Council new
legislation as is consistent therewith.
(d) Quorum. Three (3) members of the Board shall
constitute a quorum for the transaction of business, provided
that a decision on a matter relating to a specific license shall
not be valid unless decided in the presence of a Board member who
holds a similar valid license. Any vote taken for the purpose of
suspending or revoking a contractor' s license shall require a
majority vote of all members appointed to the Board.
(e) Powers and Duties of the Board. The General
Contractors Board of Licensing and Examiners shall have the
following powers and duties :
1 . To prescribe rules for the conduct of examinations of
applicants for licenses .
2 . To hold regular meetings when determined necessary for
the purpose of conducting examinations of applicants for
contractor licensing.
3 . To examine applications and applicants for licenses as
Residential Building, Residential Remodeler, Limited
Roofing, and Unlimited Roofing contractor.
4 . To act upon reports of violations by licensed
contractors ' licensing.
5 . To prescribe rules consistent with the provisions of this
Code for hearings before the Board to suspend, revoke, or
reinstate licenses.
EOCK 331 PAGEit J
Ordinance 4311
Page 4
6 . To keep a complete record of the official proceedings of
the Board; to preserve all documents, books, and papers
relating to appeals, examinations for licenses, and
hearings of complaints and charges for at least five (5)
years .
(f) Waiver of examination. The Board may, at its
discretion, by majority vote of its members, issue to any
applicant possessing a valid contractor' s license from any other
state, after satisfying itself of the validity of such license,
and the qualifications of the holder thereof, waive examination
of such applicant and upon compliance with all other regulations
in this Code, issue to the applicant the applicable license as
set forth in Section 9-10 . 1 .
(g) Waiver of examination--contractor. After satisfying
itself of the validity of a license from any other city or state,
the ability of the holder of said license to competently conduct
himself/herself/itself as a building contractor, the Board may,
by unanimous vote of all of the members appointed to the Board,
issue a contractor' s license without requiring examination
therefor.
Sec. 9-10 .4. Licensing Fee.
(a) The licensing fee for persons licensed pursuant to
Section 9-10 . 1 is seventy-five dollars ($75 . 00) per year.
(b) Fees shall be paid on or before December 31 of each
year following the date of licensing. There shall be no pro-
ration of fees for partial year licenses .
(c) The contractor' s license shall be registered with the
Iowa Northland Regional Council of Governments (INRCOG) located
at 501 Sycamore Street, Waterloo, Iowa. The registration fee is
fifteen dollars ($15 . 00) per year.
Sec. 9-10 .5 . Notice of Change.
Not later than fifteen (15) business days after there is a
change in the licensee ' s personal name, trade name, qualifying
person, or address or business location, written notice must be
provided to INRCOG of such change. Upon receipt of the written
notice, INRCOG shall issue an amended license, if required, for
the unexpired duration of the license .
Sec. 9-10 . 6 . Loss of Qualifying Person.
Upon the departure or disqualification of a licensee ' s
qualifying person because of death, disability, retirement,
position change or other reason, the licensee must notify INRCOG
within sixty (60) business days . The licensee shall have 120
days from the departure of the qualifying person to obtain a new
qualifying person. Failure to secure a new qualifying person
within one hundred twenty (120) days shall result in the
automatic termination of the license, and the applicant must re-
qualify as required under this ordinance.
Sec. 9-10 .7 . Application for Licensing and Examination.
(a) An applicant for a license under sections 9-10 . 1 to 9-
10 . 6 must submit an application to INRCOG on a form prescribed by
INRCOG. Within thirty (30) business days of receiving all
required information, INRCOG must act on the license request . If
one of the categories in the application does not apply, the
applicant must state the reason. The Board may refuse to issue a
license if the application is not complete or contains false
COOK 331PAGE4?.t)
Ordinance 4311
Page 5
information in reference to items (1) through (6) of this
section.
1 . Iowa workers ' compensation insurance certificate;
2 . employment insurance account number;
3 . certificate of liability insurance;
4 . type of license requested;
5 . name and address of the applicant :
(i) name and address of the applicant ' s qualifying
person, if other than applicant; and
(ii) if the applicant is a sole proprietorship, the
name and address of the sole proprietor; if the applicant is
a partnership, the name and address of each partner; if the
applicant is a limited liability company, the name and
address of each manager; if applicant is a corporation, the
name and address of each of the corporate officers,
directors, and all shareholders holding more than ten
percent of the outstanding stock in the corporation;
6 . whether the applicant, any employee, or qualifying person
has ever been licensed in this or any other state and has
had a professional or vocational license refused,
suspended, or revoked, or has been the subject of any
administrative action;
(b) Examination. Each qualifying person must
satisfactorily complete a written examination for the type of
license requested. The Board may establish the examination
qualifications, including related education experience and
education, the examination procedure, and the examination for
each licensing group.
(c) License issuance - Upon passing the written examination
and posting a passing grade of seventy percent (700) or better, a
license application shall be completed and submitted to the
Contractors Board of Licensing and Examiners for review and
approval .
(i) After paying necessary fees, a contractors license
will be issued by the Iowa Northland Regional
Council of Governments (INRCOG) .
Sec. 9-10 .7 .1 Licensing and Grandfather Clause.
(a) Contractors that have current valid state registration
number (SRN) issued by the State Department of Labor are exempt
from taking the written examination for contractor licensing.
NOTE: Current valid state registration numbers are based on
the date of the adoption of this ordinance . Those numbers issued
after January 1996 are current . All SRNs issued before January
1996 are not current . (State registration numbers expire every
two (2) years . ) Those contractors who do not currently have a
state registration number issued by the State Department of Labor
will have sixty (60) days to obtain said SRN.
(b) Those contractors exempt from the written exam shall
submit a license application to be reviewed by the Contractors
Board of Licensing and Examiners for approval .
(c) After paying necessary fees, a contractors license will
be issued by the Iowa Northland Regional Council of Governments
()‘)1 qq
COOK Jj PAGE`� _ r
Ordinance 4311
Page 6
(INRCOG) .
Sec. 9-10 . 8. Denial, Suspension, or Revocation of Licenses.
The General Contractors ' Board of Licenses and Examiners may
by written order deny, suspend, or revoke any license or may
censure a licensee for failure to comply with any of the
following:
(a) has filed an application for a license which is
incomplete in any material respect or contains any statement
which is false or misleading;
(b) has engaged in a fraudulent, deceptive, or dishonest
practice;
(c) is permanently or temporarily enjoined by any court of
competent jurisdiction from engaging in or continuing any conduct
or practice involving any aspect of the business;
(d) has failed to reasonably supervise employees, agents,
subcontractors, or salespersons, or has performed negligently or
in breach of contract so as to cause injury or harm to the public
and/or the City of Waterloo, Iowa;
(e) has violated or failed to comply with any provision of
Sections 9-10 . 1 to 9-10 . 7 .
(f) has been shown to be incompetent, untrustworthy, or
financially irresponsible; or
(g) has been convicted of a violation of any Building code
of the cities of Waterloo or Cedar Falls and/or the County of
Black Hawk.
Sec. 9-10 . 8.1 Appeal.
(a) Upon the final action and notification by the Board,
the licensee may appeal the decision of the Board.
(b) The appeal shall be submitted in writing within ten
(10) days from the decision date by the Board to the Board
secretary, Building Inspections Department, 715 Mulberry Street,
Waterloo, Iowa 50703 .
(c) The appeal will be heard in a work session with full
City Council . Their decision shall be final .
Sec. 9-10 .9 Certificate of Competency.
A Certificate of Competency received from an accredited
testing agency for contractors . The testing agency shall be
registered with the Building Department of the City of Waterloo.
(The Building Department shall provide information on competency
testing, test sites, test dates, and material covered by the
test . The effective date of this section is May 1, 1999 . )
Sec. 9-10 .10 . Certificate of Insurance.
A Certificate of Insurance as required in Section 9-6 of
this Code .
PASSED AND ADOPTED by the City Council this 6th day of July,
1998, and approved by the Mayor this 8th day of July, 1998 .
COOK 331 PAGE 41_8
Ordinance 4311
Page 7
INTRODUCED: July 6, 1998
PASSED 1ST CONSIDERATION: July 6, 1998
PASSED 2ND CONSIDERATION: July 6, 1998
PASSED 3RD CONSIDERATION: July 6, 1998
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 6th day of July, 1998, and approved by the
Mayor on the 8th day of July, 1998 .
Jr.4111A 7
•ooff, Mayo '
ATTEST:
Md
Nancy Ec rt, City Clerk
CERTIFICATE
I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do
hereby certify that the preceding is a true and complete copy of
Ordinance No. 4311, as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 6th day of July, 1998 .
Witness my hand and seal of office this 8th day of July,
1998 .
LVkliet4
- ctd?,,etP
Nancy Eck rt, City Clerk
SEAL
Misc BLACK HAWK COUNTY IOWA:SS S `71
tri° EX FILED FOR RECORD Aug 31 -,1998 AT
MARGIN
4:OOP M. , AND RECORDED IN BOOK 331
PROOFOF Misc PAGE 413 •
t.COMP ,. o� ,t,. +' I.A '. RECORDER
S FEE : /-
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CITY OF WATERLOO
SOCK 031.PACE 41.9
FORM 1 1 T.
STATE OF IOWA, I do solemnly swear that the annexed copy of legal City of Waterloo
SS
Black Hawk County, Ordinance 4311
ORDINANCE NO.4311
AN ORDINANCE AMENDING
THIE 1993 CODE OF ORDI-
NANCES OF THE CITY OF
WATERLOO,IOWA,BY ADDING
i SECTION 9-10, CONTRA-1G
as follows: Two(2)residential con- (c) Nati s, necessary lees,d
' tractors,two(2)commercial con- contractors license will be Issued by
tractors and one(1)minority con- the f wa Governments Northland INRC Gal Coun-
tractor. Sl of 10.8. i Denial, COG).
The Building Official shall act as Sec.9-10.8. Suspension,
or •Revocation of Licenses. e waspublished in the Waterloo-Cedar Fulls Courter, a dailynewspaper printed in
1 Secretary to the Board. No one I The General Contractors'Board of
company or interest shall have Licenses and Examiners may b
more than one (I)member on the written order deny, suspend, o
(ojard.Appdntment of Members and revoke any license or may censur;rloo, Black Hawk County, Iowa, once commencing on the 6th
Terms of Office. The members of a withlicnyeo for failure tempi
the General Contractors Board of (a) any filedof the following:
a
Licensing and Examiners shall be license has an appliincompletecation for a
appointed by the Mayor with the material which is orcontainsin any)1 E�llQllS t 19 98 in the name of
approval of the City Council. After respect false or any
the initial appointment of the Board, ' statement which is or mislead-
the terms of the members shall be (b) •has engaged in a fraudulent,newspaper, and that the annexed rate of advertised is the regular legal rate of said
for three(3)years except that the deceptive, or dishonest practice; g
initial terms shall be so arranged (c) is permanently or temporarily
and staggered that the terms of no enjoined by any court of competent
more than two (2)members shall junsdiction from engaging in or con-paper,and that the following correct a coect bill for publishingsaid notice.
expire on December 31 of any one tinuing any conduct or practice
(1) year. A vacancy within any Involving any aspect of the bust-
• term shall be filled by appointment nom. 137.50
• of the Mayor with the approval of (d) has failed to reasonably super-:r's Bill
the City Council for the unexpired vise employees, agents,subcon-
portion of that term oniy. The mem- tractors,or salespersons,or has
tiers of the Board shall serve with- ; performed negligently or in breach
out compensation. ' of contract so as to cause injury or
j'The Board shall designate a mem- , harm to the public and/or the City of
,Lciii.,,,,x) ,,,,,,,92.,,,,_,x)
ber as chairperson and vice-chair- Waterloo,Iowa;
)t person and shall adopt reasonable (e) has violated or failed to comply
rules for conducting its investiga- with any provision of Sections 9-
lions and proceedings, and shall 10.1 to 9.10.7.
1 render all decisions and findings in (f) has been shown to be incompe- Signed
- writing to the Building Official with a tent, untrustworthy, or financially
duplicate copy to the appellant and irresponsible;or
L may recommend to the City Council O has been convicted of a viola- _-
new legislation as is consistent tion of any Building code of the
Y therewith. i Cities of Waterloo or Cedar Falls _
li (d) Quorum. Three (3) mem- and/or the County of Black Hawk. Subscribed and sworn to before me this / y
da of
bers of the Board shall constitute Sec.9-10.8.1 Appeal.
a quorum for the transaction of
IC (a) Upon the final action and notic2::F.--
business, provided that a decision cation by the Board, the licensee
0 on a matter relating to a specific may appeal the decision of the A.D. 19
license shall not be valid unless Boar
)Z decided in the presence of a Board (b) The appeal shall be submitted
member who holds a similar valid 1 in writing within ten(10) days from
at license. Any vote taken for the pur- the decision date by the Board to
E; pose of suspending or revoking a the Board secretary, Building Mul- �/j �J
contractor'sorilicense shall requires berry Waterloo,
71o. ' <(/-;/1--/- ,•,
- n r L f 1
UI majority vote of all members batt Street, Waterloo, Iowa l//���J LU/J h J��(/�/�
• appointed to the Board. !( p
50703. / `-4—
.I e) Powers and Duties of the (c) The appeal will be heard in a L— A
Board. The General Contractors work session with full City Council. NotaryPublic
)a Board of Licensing and Examin- Their decision shall be final.
ers shall have the following pow- Sec.9-10.9 Certificate of Compe-
1,' ers and duties: tency.
t 1.To prescribe rules for the con- A Certificate of Competency
{ duct of examinations of applicants ! received from an accredited test-
L fur licenses. Ing agency for contractors. The Received of
2.To hold regular meetings when testing agency shall be regis-
I determined necessary for the pur- tered with the Building Department
pose of conducting examinations of of the City of Waterloo.
t{+applicants for contractor licensing. (The Building Department shall pro-
,,, examine applications,and vide information on competency
applicants for licenses as Residen- testing, test sites, test dates, and
)h1 tial Building, Residential Remod- material covered by the test.The
eler, Limited Roofing,and Unlimit- effective date of this section is May
)Lu,ed Roofing contractor. 1,1999.) l h C sum O f
4.To act upon reports of viola- Sec.9-10.10. Certificate of Insur-
DI1 tions by licensed contractors' ance.
I,. licensing. A Certificate of Insurance as
pr05.To prescribe rules consistent with required in Section 9-6 of thisthe Dollars
li�y�Y+ngs beforens thetthis Boa d ttoefor hear-suspend, PASSED AND ADOPTED by the
u revoke ,or reinstate licenses. City Council this 6th day of July,
6.To keep a complete record of the 1998,and approved by the Mayor in full for publication of the above notice.
lr official proceedings of the Board;to this 8th day of July,1998.
preserve all documents,books. INTRODUCED:July 6,1998
AU and papers relating to appeals, PASSED 1ST CONSIDERATION: .
examinations for licenses, and July 6,1998
IU hearings of complaints and chargesPASSED 2ND CONSIDERATION:
`for at least five(5) years. July 6,1998
S(f) Waiver df'examination. The PASSED 3RD CONSIDERATION:
Board may, at its discretion, by Jul 6,1998
Fi majority vote of its members, PASSED AND ADOPTED by the
E Issue to any applicant possessing City Council of the City of Water-
a valid contractor's license from any loo, Iowa,on the 6th da of July,
Iother state,after satisfying itself of 11998,and approved by the Mayor
the validity of such license,and the on the 8th day of Jul 1998.
'5'qualifications oT the holder thereof, John R.Rooff,Mayor
waive examination of such a pli- ATTEST.
A cant and upon compliance lilt a)) t-int Eckert,City Clerk
other regulations in this Code; y
-p issue to the applicant the applicable