Chapter 1335: Registration of Contractors
Sections
- 1335.01 Purposes
- 1335.02 Registration required
- 1335.03 Holders of Ohio qualification certificate; exception
- 1335.04 Registration denial; appeal
- 1335.05 Form of registration
- 1335.06 Bond; liability insurance
- 1335.07 Revocation of certificate of registration
- 1335.08 Homeowner’s exception
- 1335.09 Public works exception
- 1335.10 Fees
Cross references
- Municipal authority to regulate contractors - see Ohio R.C. 715.27
- Ohio State Plumbing Code - see OAC Ch. 4101:3-1 et seq.
- Street openings and excavations - see S.& P.S. 901.01 et seq.
- Heating permits - see BLDG. 1307.15
1335.01 Purposes
It is hereby found and determined to be in the best interest of the health, safety and welfare of the Village, its property owners and inhabitants to require the registration of contractors performing construction work within the Village. The purposes of such registration are:
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(a) Registration ensures that Village property owners and inhabitants have some measure of protection that the contractor will perform the work in accordance with approved plans and specifications, and follows all applicable laws; and
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(b) Registration allows the Village to ensure that contractors withhold and pay income taxes on behalf of their employees for work performed in the Village.
(Ord. 2006-48. Passed 7-24-06.)
1335.02 Registration required
No plumbing or sewer work shall be performed, or heating or electrical equipment
shall be installed, in any building or structure or upon any property or within
the boundaries of any street within the Municipality unless the same is done by
a person registered to perform plumbing or sewer work, or install heating or
electrical equipment, or by a firm or corporation employing a person registered
pursuant to the terms of this chapter. No general contracting shall be done
within the Municipality unless the same is done by a person registered to do
general contracting, except where the work is of a minor nature and pursuant to
Section 1307.18.
(Ord. 2006-48. Passed 7-24-06.)
1335.03 Holders of Ohio qualification certificate; exception
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(a) Except as provided in subsection (b) hereof, and upon the payment of the appropriate fee provided in Section 1335.10, any person having a qualification certificate to install or perform plumbing, sewer work, heating or electrical equipment, which qualification certificate has been issued by the State pursuant to Ohio R.C. Chapter 4740 and is in full force and effect, upon presentation of such certificate to the Chief Administrative Officer shall have issued to such person by the Chief Administrative Officer, upon such evidence and without examination, the certificate of registration provided for herein.
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(b) No person who has recklessly or intentionally violated any provision of the Ohio Revised Code or the Codified Ordinances of the Village shall be eligible to obtain or renew a certificate of registration under this chapter. The Chief Administrative Officer shall determine whether a violation has been committed recklessly or intentionally, as those terms are defined in Section 501.08 of the General Offenses Code.
(Ord. 2006-48. Passed 7-24-06.)
1335.04 Registration denial; appeal
Any person who is denied a registration certificate by the Chief
Administrative Officer, or any person whose registration certificate is
revoked, may, within ten days from and after such denial or revocation, appeal
from the decision of the Chief Administrative Officer to the Board of Zoning
Appeals. The appeal shall be in writing and shall be filed with the Clerk of
Council, who shall report the filing of such appeal and transmit all papers so
filed to the Board of Zoning Appeals at its next regular meeting. The Board of
Zoning Appeals shall, within sixty days, take evidence and testimony from the
appellant, the Chief Administrative Officer and any other person having
knowledge of relevant facts. The Board of Zoning Appeals, at the conclusion of
such hearing, shall sustain, reverse or modify the decision of the Chief
Administrative Officer, and shall state such conclusions of fact for the record
as the basis of its decision. Such decision of the Board of Zoning Appeals
shall be final.
(Ord. 2006-48. Passed 7-24-06.)
1335.05 Form of registration
The form of the certificate of registration to be issued under the
provisions hereof shall be such as the Chief Administrative Officer may
prescribe.
(Ord. 2006-48. Passed 7-24-06.)
1335.06 Bond; liability insurance
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(a) As a condition for the issuance of a certificate of registration to a general contractor or a contractor doing heating, plumbing sewer or electrical work as herein provided, such contractor shall give bond to the Municipality, in the principal sum of thirty thousand dollars ($30,000) conditioned that such contractor performs all work to be done by the contractor under the respective trade in conformity with all approved plans and specifications, and all of the laws of the State and the ordinances of the Municipality and that upon default of such performance the obligation of the bond becomes effective. The form of the bond shall be such as the Chief Administrative Officer prescribes, and no certificate of registration shall become effective until the bond as herein prescribed has been filed with the Municipality.
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(b) Each contractor and general contractor registered by the Municipality shall provide proof of liability insurance in the form of a certificate of insurance with limits no less than five hundred thousand dollars ($500,000) per occurrence, one million dollars ($1,000,000) aggregate. The Municipality shall be an additional insured party and a copy of the general liability insurance endorsement that indicates the Municipality is an additional insured shall be provided to the Chief Administrative Officer as a condition of registration.
(Ord. 2011-46. Passed 7-11-11.)
1335.07 Revocation of certificate of registration
The certificate of registration of any person shall be revoked at any time by
the Chief Administrative Officer if that person recklessly or intentionally
violates the Ohio Revised Code, the Codified Ordinances of the Village, or any
other provision of state or federal law. The Chief Administrative Officer shall
determine whether a violation has been committed recklessly or intentionally, as
those terms are defined in Section 501.08 of the General Offenses
Code. The order of revocation may be appealed pursuant to Section 1335.04.
(Ord. 2006-48. Passed 7-24-06.)
1335.08 Homeowner’s exception
The provisions of this chapter shall not apply to a homeowner desiring to
perform work on his or her own premises, or a homeowner who desires to assume
the responsibility as his or her own general contractor, provided that any
person or firm employed for such phases of the work who does this type of work
as a business is registered as provided herein. The homeowner shall submit an
affidavit on the form provided by the Building Department to the Building
Inspector stating exactly the nature and extent of the work to be performed by
the homeowner himself or herself and by others. Any work performed by such
homeowner and others shall be subject to all provisions of this Building Code
and to all inspections authorized by the Chief Administrative Officer.
(Ord. 2006-48. Passed 7-24-06.)
1335.09 Public works exception
The provisions of this chapter shall not apply to any contractor performing
public works directly for the Village or for a developer where plans,
specifications and contracts are approved by the Village.
(Ord. 2006-48. Passed 7-24-06.)
1335.10 Fees
The fee to be paid by any person, whether a general contractor, or a contractor
or journeyman required to become registered for heating, plumbing, electrical,
sewer, or any construction work, under the provisions of this chapter, shall be
one hundred twenty dollars ($120.00) for the original registration, as herein
provided. The registration shall be renewable from year to year thereafter from
January 1 to January 1, upon payment of the further sum of sixty dollars
($60.00) for each year’s renewal.
(Ord. 2006-48. Passed 7-24-06.)