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HomeMy WebLinkAboutAmending Chapter 6 entitled Building Contractor Licensing Requirements ORDINANCE No. 8228-91 Passed by the Common Council of the City of South Bend, Indiana_ November 25, 91 19 Attest. � City Clerk IRENE K. GAMMON Attest: ,_�/ - / President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— November 26, 91 19 City Clerk IRENE K. GAMMON Approved and sired by me 19 9 m _ C_ Mayor SUBSTITUTE BILL NO. 21-91 ORDINANCE NO. $ a z 2 - R\ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 11 ENTITLED BUILDING CONTRACTOR LICENSING REQUIREMENTS. The Common Council of the City of South Bend, with the input and assistance of management, labor, businesses of varying sizes, and the City Administration, believes that reasonable regulations addressing building contractor pre- licensing and licensing requirements are necessary. Since April 26, 1991, a Building Contractors Task Force, under the guidance of Robert Urbanski and Councilmember Duda, have met on a periodic basis to study regulations in this area. The Task Forces' recommendations, as well as the announcement of September 6, 1991, that the County and City Building Departments would be consolidated effective January 1, 1992, have been weighed in the redrafting of this Substitute Bill. It is believed that such regulations would help standardize requirements of all individuals who wish to do business in this area. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 6 of the Municipal Code of the City of South Bend, Indiana, is hereby amended by the inclusion of new Article 11 which shall read in its entirety as follows: Article 11. Building Contractor Licensing Requirements. Sec. 6-45 Legislative Findings. (a) The South Bend Common Council hereby finds that there is a need to develop licensing procedures for building contractors doing business in the City. (b) The Common Council declares that the following procedures are established for the purpose of protecting the public health, safety and welfare of the Community. Sec. 6-46 Building Contractors Pre-licensing Registration Required / Annual Renewal. (a) It shall be unlawful to engage in business in the City as a building contractor without first having registered as required by this Article. Sec. 6-47 Definitions. (a) The term "building contractor" shall mean and include anyone engaging for remuneration in the building construction business of new construction, repair, alteration, or remodeling, for which a building permit is required. (b) The term "handyman" shall mean any person providing for a fee, repair or maintenance services for a fee which would not require a building permit under the Building Code of the City of South Bend. A handyman is exempt from the provisions of this Article. Sec. 6-48 Fees. (a) The annual fee for a building contractor's pre- licensing registration shall be seventy-five dollars ($75. 00) , and placed in a special non-reverting fund to assist in the implementation of this Article. (b) Any building contractors performing electrical, plumbing, heating, air conditioning or ventilating services shall be subject to the applicable fee requirements addressed in Sections 6-10, 6-23 , or 6-36.2 of this Code, instead of the seventy-five dollar ($75. 00) fee addressed in Sub-Section (a) herein. Sec. 6-49 Regulations. (a) Any building contractor engaging for remuneration in the building construction business of new construction, repair, alteration, or remodeling for which a building permit is required, shall be construed as doing business as a building contractor. (b) It shall be the duty of all building contractors to comply with the Building Code adopted by the City of South Bend, and all other ordinances relating to new construction, alterations, repairs and remodeling. (c) Failure to comply with the Building Code and all other applicable local, state and federal laws and regulations, shall be grounds for suspension or revocation of a building permit, issued hereunder, and may be grounds for refusal to renew an application for a building contractor's pre-licensing registration. Sec. 6-50 Pre-Licensing Registration Process. (a) Application and Forms. All forms required by this Article shall be made available in the Office of the Building Commissioner and shall be kept on file in that office. Every application for registration or renewal thereof, as required by this Article, shall be filed with the office of the Building Commissioner. Such registrations shall be reviewed by the Building Commissioner as to their content and applicability and shall be reviewed on an annual basis. (b) Building Contractor's Pre-licensing Registration. All building contractor's pre-licensing registration fees shall be paid to the Office of the Building Commissioner upon review of the completed registration application form, (d) Applicants must provide written proof of Workers' Compensation coverage, such as a sworn affidavit signed under penalties of perjury regarding coverage or non- coverage, or a Certificate of Insurance, at the time of making application. Sec. 6-51 Nature of Interest Conferred By Permit. All building contractor's pre-licensing registrations issued under this Article shall be accepted as a privilege to do business within the City. Sec. 6-52 Nontransferability. All building contractor's pre-licensing registrations issued under this Article are nontransferable. Sec. 6-53 Regulations Supplemental. The registration procedure set forth in this Article is supplemental to all other regulations set forth in Chapter 6 of this Code. In the event of conflict, these regulations shall supercede all others. Sec. 6-54 Citations and Fines. (a) Upon learning that a person or entity is doing business as a building contractor, as defined herein, without having registered, a citation shall be issued to said person or entity by the City for each violation. (b) Citations may be issued for each and every violation of the required provisions of this Article, and each such violation shall be treated as a separate act for which a citation may be issued. .(c) Citations issued under this Article shall contain the date, time, name and address of the violator, the Code section violated, the nature of the violation, location of the violation, the name of the officer issuing the citation and instructions as to the disposition of the citation(s) . (d) Each citation issued under this Article shall impose a fifty dollar ($50. 00) fine payable through the Ordinance Violation Bureau of the City of South Bend as addressed in Section 2-213 of this Code. (e) Additionally, whenever any work is being done contrary to the provisions of this Article, the Building Commissioner, or his designee, may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Commissioner, or his designee to proceed with the work. (f) Any person who subsequently violates any provisions of this Article in the same year for which registration was required, shall be subject, upon conviction, to a fine of not less than two hundred fifty dollars ($250. 00) and not more than two thousand five hundred dollars ($2 ,500. 00) , and possible suspension or revocation of any registrations issued hereunder. (a) Each subsequent day of violation shall be Sec. 6-55 Building Commissioner To Institute Licensing Procedures. (a) The Building Commissioner shall recommend to the Common Council a program of licensing building contractors in accordance with the following timetable: January, 1993 . The Building Commissioner will provide to the Common Council a report of the pool of building contractors who have registered in conformity with this Article. July 1, 1993 . The Building Commissioner will provide an interim report to the Common Council identifying the types of contractors who have been registered and the types of tests which will be required to effect licensing of all building contractors as defined in this Article. July 1, 1994. The Building Commissioner will report to the Common Council on the implementation procedures established for the licensing of building contractors and recommend appropriate legislation to institute the licensing program. (b) The Council may modify or extend this time table upon the written request and recommendation of the Building Commissioner. Section 6-56 Building Contractors Non-Reverting Fund. (a) There is hereby established a Building Contractors Non-Reverting fund as a separate dedicated fund. (b) All fees collected pursuant to Sec. 6-48 shall be deposited in the Building Contractors Non-Reverting Fund. Monies remaining at the end of the year shall not revert to the general fund. (c) Any and all interest earned on the monies deposited in said dedicated fund shall remain in the fund. (d) The monies accumulated in this fund may be expended to help defray the cost of the building department and educational programs, upon proper appropriation ordinances being passed by the Common Council. Section II. Chapter 2, Article 19, Sec 2-213 (a) of the Municipal Code of the City of South Bend is amended with the addition of the following Municipal Code Section Type of Violation Penalty 6-46 Building Contractors $50. 00 Registration Section III. This Ordinance shall be in full force and effect on July 1, 1992, and from and after its passage by the Common Council and approval by the Mayor. r\ Mem er of aCommon Council °Tx s 5 City of South Bend 04 'Ih�/, F'�d�1h . ; Common Council ; . /' v'v � County-City Building • South Bend, Indiana 46601 1865`_a March 20, 19 91 (219) 284-9321 Fax (219) 284-9173 Members of the Common Council 4th Floor County-City Building Donald Niezgodski South Bend, Indiana 46601 President Re: Building Contractors Permit Registration Ann Puzzello Vice President Dear Council Members: Loretta Duda I am pleased and indeed honored to introduce for your Chairman. Committee review and anticipated approval, a Bill which would of the Whole p PP r establish reasonable regulations addressing building contractors. Stephen Luecke Several months ago I was contacted by many area First District businessmen to discuss their concerns regarding individuals who work in the building, remodeling, Donald Niezgodski repair, and alteration of residential, commercial and Second District industrial buildings. William Soderberg These individuals shared their deep concerns that man Third District P many individuals who are unfamiliar with local building Ann Puzzello procedures and regulations often provide an inferior Fourth District service resulting in consumers often paying to have such work done over according to our local standards. Linas Slavinskas These individuals also noted that many persons Fifth District operating in this area have a lack of training and do not carry proper insurance. They voice concern that if Thomas Zakrzewski an accident would arise, that the home owner of Sixth District business owner could potentially be exposed to Sean Coleman liability. At Large Since January, I have had the pleasure to meet on an Loretta Duda ongoing basis with the individuals and companies listed At Large in the attached "Business Listings" to formulate regulations which would require the registration of Eugene Ladewski persons who would be employed as "building At Large contractors". This Bill would standardize this area by requiring Workmen's Compensation, as well as Comprehensive Liability Insurance of all who wish to work in South Kathleen Cekanski-Farrand Bend as a "building contractor" . Council Attorney The Bill would not create a situation requiring additional personnel in the City Administration. It is March 20, 1991 Page 2 anticipated that current staffing in the City Controller's Department would handle the processing of applications required of all potential "building contractors". The Bill also sets forth a process whereby citations would be issued to individuals found to be in violation of this Ordinance. We are also recommending that stop work orders be issued and that for all subsequent violators, that the City pursue a fine of $2,500. 00. It is anticipated that some of the fees collected as well as the monies brought in through the citation process could be channeled into providing educational brochures for the consumer as well as to the "building contractor". Preliminary meetings have been held with representatives of the City Controller's office, the Department of Code Enforcement, and the Legal Department to review and further "fine tune" this Bill so that it is both reasonable and enforceable. I am recommending that this Bill be sent to the Residential Neighborhoods Committee and the Public Works Committee for review and comment. I am also recommending that a joint meeting be held of these Committees on Wednesday, April 3rd, to allow public discussion on these proposed regulations. I anticipate that most, if not all, of the individuals and businesses who have contributed their time and talents to the drafting of this Bill, will be in attendance. I believe that this Bill would be an important consumer protection law at the local level, and would also help standardize regulations for those wishing to do business as a "building contractor" within our City. I believe that both of these goals are positive and in the best interests of our City. Thank you. Sincerely, Loretta Duda, Council Member At-Large attachments