HomeMy WebLinkAbout4335-12/21/1998 BLACK HAWK COUNTY IOWA:SS lOJ kO
Filed for record MAR 6 , 2000 at
MISC
Atft 4:00 PM. and recorded in Book 337
MARGIN of MISC Page 459
a —
PROOF ✓, % x Recorder
COMPARE,' FEE 1-40.00/
CITY OF WATERLOO
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4335
AN ORDINANCE AMENDING THE 1993 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
REPEALING SECTION 9-10, CONTRACTOR LICENSING,
OF CHAPTER 9, BUILDING CODE, IN ITS ENTIRETY
AND ENACTING IN LIEU THEREOF A NEW 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 :
1
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Waterloo, Iowa is hereby repealed in its entirety and a new
Section 9-10, Contractor Licensing, of Chapter 9, Building Code,
is hereby enacted as follows :
Sec. 9-10 . Contractor Licensing.
Any corporation, company, partnership, or person who desires
to construct, remodel, or repair any residential 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 two (2) or more 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.
BOOK 337 PAGE 459
Ordinance 4335
Page 2
(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 perform
any construction work on an existing residential structure.
2 . 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) Residential 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.
(d) Residential 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 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 .
�� 337 PAGE 466
Ordinance 4335
Page 3
(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.
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 by
majority vote suspend or revoke the contractor' s license.
(b) Composition of the Board. The Board shall consist of nine
(9) 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 : Three (3) residential
contractors, two (2) commercial contractors, one (1) minority
contractor, two (2) roofing contractors and one (1) at-large .
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
BOOR 33 7 PAGE 401
Ordinance 4335
Page 4
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. Five (5) 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 .
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, 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 .
337pizE462
Ordinance 4335
Page 5
(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
i_Iiformation in tiet:erence Lo items ( I ) Lltrou<gh (6) of- Lhis
section.
BOOK 337 PAGE 463
Ordinance 4335
Page 6
1 . Iowa workers' compensation insurance certificate;
2 . employment insurance account number;
3 . certificate of liability insurance with a thirty (30) day
cancellation clause;
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 o!_
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 (70%) or better, a
license application shall be completed and submitted to the
Contractors Board of Licensing and Examiners for review and
approval .
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.
BOOK 337 PAGE 464
Ordinance 4335
Page 7
(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
(INRCOG) .
Sec . 9-10 . 8 . Denial, Suspension, or Revocation of Licenses .
The General Contractors' Board of Licenses and Examiners may
by majority vote 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 .
sex 337PAGE 465
Ordinance 4335
Page 8
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 .
INTRODUCED: December 21, 1998
PASSED 1ST CONSIDERATION: December 21, 1998
PASSED 2ND CONSIDERATION: December 21, 1998
PASSED 3RD CONSIDERATION: December 21, 1998
PASSED AND ADOPTED by the City Council this 21St day of December,
1998 and approved by the Mayor this 23rd day of December, 1998 .
41111W
John Roof, Mayor
ATTEST:
Nancy Eck-vt , City Clerk
CERTIFICATE
I , Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do
hereby c'et l i I`y thdt I Ile 1)1'ec't (I i iI(J in d rine dI1d complete copy uI
tii_c1IIIunct: Nu. 433'_J, an panned and .ttIL,LJt c 1 by Lite: Cc nnci I til I Itc_
ILII SII W.iIt 1 IUo, Ii W,1 , cu11 I IIr ,',1"1 (i+1,/ if Ilrot•Illlit't ,
Wit IRe s my hand and seal of office this 23" day of December,
1998 .
Nancy Eckett, City Clerk
3371, 466
FORM I I T
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Black Hawk County, Ordinance 4335
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