Explanation
BACKGROUND:
In an effort to improve customer service, reduce delays in the processing of the applications, and remove redundant requirements that duplicate reviews conducted by other agencies, the Department of Development, Building Services Division, proposes to streamline the requirements for the issuance of licenses and local registrations for the construction industry.
These changes include the removal of the requirement to provide proof of worker's compensation insurance and proof of tax registration at the time of licensure as this is outside the scope of licensing, does not protect the individual entering into a contract at a later date, and is a private contracting issue.
Also, code changes that remove redundant requirements to provide proof of liability insurance for those trades licensed by the state of Ohio is already reviewed as a precondition for licensure by the Ohio Construction Industry Licensing Board (OCILB) and increases the insurance limits for all other trades to be parallel with the requirements for those trades licensed by the OCILB.
The changes also increase the required bond amount to indemnify the city should a city asset be damaged or harmed by a licensed or registered contractor during the course of their work as well as update code language to reflect the name change for the OCILB, simplify code language associated with the license assignment process, and remove legally unenforceable code language related to judging an applicant's moral character.
Finally, the code language is added to allow for the prorating of license and registration fees for licenses and registrations that do not run on a calendar year basis as well as language allowing for a fee, as determined in the fee schedule, for accelerated license processing.
These code changes were reviewed by Board of Review of Limited and General Sign Erector at their monthly public meeting held on September 5, 2006, and having reviewed the proposed code change, recommend the changes for approval.
FISCAL IMPACT: No funding is required for this legislation.
Title
To amend sections in Chapter 3381 of the Columbus Zoning Code, Title 33, in order to update and streamline the requirements for the issuance of licenses and local registrations for limited and general sign erectors in partnership with the Columbus Building Code, Title 41.
Body
WHEREAS, in an effort to improve customer service, reduce delays in the processing of the applications, and remove redundant requirements that duplicate reviews conducted by other agencies, the Department of Development, Building Services Division, proposes to streamline the requirements for the issuance of licenses and local registrations for the construction industry; and
WHEREAS, these changes include the removal of the requirement to provide proof of worker's compensation insurance and proof of tax registration at the time of licensure as this is outside the scope of licensing, does not protect the individual entering into a contract at a later date and is a private contracting issue; and
WHEREAS, remove the redundant requirement to provide proof of liability insurance for those trades licensed by the state of Ohio as such proof of insurance is already reviewed as a precondition for licensure by the Ohio Construction Industry Licensing Board (OCILB); and
WHEREAS, increase the insurance limits for all other trades to be parallel with the requirements for those trades licensed by the OCILB; and
WHEREAS, increase the required bond amount to indemnify the city should a city asset be damaged or harmed by a licensed or registered contractor during the course of their work; and
WHEREAS, simplify code language associated with the license assignment process and removes legally unenforceable code language related to judging an applicant's moral character; and
WHEREAS, add code language allowing for the prorating of license and registration fees for those licenses and registrations that do not run on a calendar year basis as well as language allowing for a fee, as determined in the fee schedule, for accelerated license processing; and
WHEREAS, these code changes were reviewed by Board of Review of Limited and General Sign Erector at their monthly public meeting held on September 5, 2006, and having reviewed the proposed code change, recommend the changes for approval; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the existing Section 3381.10 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3381.10 Licensing regulations.
A. The board of review of general and limited sign erectors shall consist of five (5) members: one (1) public member and four (4) members who are actively engaged in the sign industry;, two (2) of whom shall be license-holders. The director of his or her designee shall serve as a nonvoting secretary for the board.
No member of any board of review shall be employed or affiliated with the same business entity or entities of another. No public member shall have a direct or indirect interest, as defined in C.C. 501.02, in any thing, place, or business that is required to be licensed by the Columbus City Codes.
If a board of review would be comprised of less than a majority of its voting members who are legal residents of the city by the appointment of a non-resident of the city, the director shall only appoint a legal resident of the city.
B. The board members shall be appointed by the Director mayor for a term of three (3) years and shall be residents of the city or Franklin County. The term of each board member shall continue until a successor is appointed. Each board member shall be reimbursed in accordance with the administrative salary ordinance for each meeting attended. Three (3) members of the board in attendance shall constitute a quorum. The board shall meet as often as required by the bylaws. The board shall meet at least six (6), but not more than twelve (12) times each year.
C. Duties and Powers of the Board of Review.
1. To review the qualifications as established in C.C. 3381.12, of all applicants who have passed the appropriate written examinations and who have filed a complete application with the department. For all such applicants who have met the qualification requirements of this chapter, the board shall then certify the names of the qualified applicants to the department for the issuance of the appropriate license.
2. To suspend or revoke the license of sign erectors who shall be found to have violated the terms of this graphics code or who have failed to take out proper permits as required by law, or who have been shown, after proper hearing, to be persistent and habitual violators of the laws of the state, the provisions of this graphics code, or other ordinances of the city relating to the construction, installation, or maintenance of graphics, or relating to the inspection and approval of such work.
3. To recommend that the director bring criminal prosecutions against persons found to have violated the terms and provision of this graphics code.
4. To make, adopt, and, from time to time, alter its own rules of procedure for the conduct of its meetings and proceedings and for the conduct of examinations given by it, and to select its own chairman.
D. Any and all decisions of the board of review may be appealed to the graphics commission, as provided by C.C. 3382.
E. The board of review of general and limited sign erectors shall continue to function using the policies and procedure it has established and used prior to this legislation, in place of the requirements set out in C.C. 3381. This empowerment shall continue until such time the director has identified the initial approved testing agency in accordance with C.C. 3381. With the identification of the initial approved testing agency, the director shall notify, in writing, the deputy director for building and development services and the board of review of general and limited sign erectors of the date their function under this provision shall end and the procedures established by C.C. 3381, shall commence. Thereafter, this paragraph shall be null and void.
F. In the event there ceases to be an approved testing agency to provide the examinations required by this chapter, the director shall immediately notify, in writing, the board of review of general and limited sign erectors. The director shall also issue a statement, in writing, of policy and procedure to be used until such time as an approved testing agency has been identified by the director.
Section 2. That the existing Section 3381.11 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3381.11 License application.
(A) A person desiring to be a department-licensed limited or general sign erector shall apply to the department on an application form prescribed for such license, together with the nonrefundable fee prescribed by the fee schedule.
(B) The application shall be confirmed and signed under oath by the applicant. The application shall contain the following information:
(1) Name of the applicant;
(2) Date of birth;
(3) Current residence and business address(es) of the applicant;
(4) Current residence and business telephone number(s) of the applicant;
(5) Dates of previous licenses or registrations with the department, if any; and
(6) Other information deemed necessary by the department.
(C) The application for a license, that as a prerequisite requires an examination, or examinations, shall be submitted to the department no later than one (1) year after the date on which a passing score was achieved on any required examination given by an approved testing agency. After one (1) year from the date that a passing score was achieved on any required examination, the passing score for that examination shall become invalid. When more than one (1) examination is required, all examination scores shall be valid. Only valid examination scores shall be acceptable when making an application to the department. Additionally, the application shall be submitted at least seven (7) calendar days prior to the date of the meeting of the board.
(D) In addition, the applicant shall also furnish a statement of experience with the application. The statement of experience shall encompass the period of required experience as set forth in the qualifications for the type of license for which the application is made. The statement shall clearly and concisely provide the following information:
(1) List of employer or projects with dates of same as applicable; and
(2) Detailed work-related information about the employment or projects so listed; and
(3) The length of time devoted to each such employment or project listed; and
(4) The name of the employer or other responsible person with direct knowledge of the work performed by the applicant during such employment or project listed; and
(5) A statement, made by the applicant, of the schooling and training the applicant has obtained shall also be included.
(E) The statement of experience shall be notarized.
(F) Before an application may be approved for any applicant, the applicant shall meet the following requirements:
(1) Be not less than eighteen (18) years of age; and
(2) Be a United States citizen or national, a lawful permanent resident, or an alien authorized to work in the United States.
A. A notarized application for a license shall be submitted to the board of review, on forms furnished by the department. The application and a nonreturnable filing fee, as prescribed by the fee schedule, shall be filed within ninety (90) calendar days after the date of examinations on which a passing score was achieved on the appropriate written examinations given by an approved testing agency and at least seven (7) calendar days prior to the board's meeting.
B. Each application shall contain a statement of experience that demonstrates that the applicant has the experience in the type of work that the license that he or she is applying for would allow, specifying particular jobs with dates of same, length of time devoted to each job, and a description of the schooling and training of the applicant.
C. Before an application may be approved for a sign erector's license, the applicant shall meet the following requirements:
1. Be not less than eighteen (18) years of age.
2. Be able to read and write the English language.
Section 3. That the existing Section 3381.12 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3381.12 Qualifications of applicant.
A. An applicant for a license as a limited sign erector shall have a minimum of three (3) years experience in erection and fabrication of signs.
B. An applicant for a license as a general sign erector shall have a minimum of five (5) years experience in erection and fabrication of signs.
C. The applicant for either license who does not meet the requirements of A or B above may present a complete statement of qualifications to the board for its consideration. If the board determines that such person is qualified by reason of experience, training, or education or any combination thereof, it shall certify the name of the eligible applicant to the department allow him to take the examination.
D. A limited sign erector shall only engage in the erection, maintenance, and removal of painted and nonilluminated graphics no more than sixty-four (64) square feet in area, limited to sixteen (16) feet in height, and not installed over the public right-of-way.
E. A general sign erector may erect and service all graphics allowed by this Graphics Code.
Section 4. That the existing Section 3381.13 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3381.13 License examination.
(A) Before submitting an application to the department to become a licensed general or limited sign erector contractor, an applicant shall have done the following:
(1) Satisfactorily complete and pass, with a grade of at least seventy (70) percent, all written examinations as prescribed by the board or review. The required examinations shall be administered by an approved testing agency identified by the director. The required examinations shall include:
(a) An approved examination based on practical trade, craft(s), skill(s), and knowledge and, in addition, the applicable code(s) for the specific type of license applied for; and
(b) An approved examination similar to the current business and law examination required by the Ohio Construction Industry Licensing Board (OCILB) for licensed specialty contractors.
(B) After one (1) year from the date that a passing score was achieved on any required examination for a department-issued license, the passing score for that examination or examinations shall become invalid.
(C) An approved examination shall be an examination that has been reviewed and recommended for use to the chief building official by the appropriate board of review and subsequently approved for use by the chief building official.
A. In order to become a licensed contractor an applicant shall:
Satisfactorily complete and pass written examinations administered by an approved testing agency identified by the director. The required examinations shall include:
(1) An approved examination based on practical trade and craft(s) skill(s) and knowledge and, in addition, the applicable code(s) for the specific type of license applied for; and,
(2) An approved examination equal to, but not less than, the current business and law examination required by the Ohio Construction Industry Examining Board (OCIEB) for qualification certificates.
(B) Attain a passing grade of at least seventy (70) percent on all required examinations given by the approved testing agency.
(C) An approved examination shall be an examination that has been reviewed and recommended for use to the chief building official by the board of review of general and limited sign erectors and subsequently approved for use by the chief building official.
Meet all other qualifications as established by this chapter.
Section 5. That the existing Section 3381.16 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3381.16 License numbers.
A. A unique permanent license number shall be issued to each individual certified by the board of review. The individual shall retain this license number exclusively permanently and each year thereafter shall be issued the proper license bearing this same number. This license number shall not be issued to any other individual.
B. When an individual assigns his or her right to a license to a business concern, the license shall bear that individual's name and license number.
C. When more than one (1) license-holder assigns his or her license to a business concern the bond provided by the licensed business shall be sufficient for all licenses assigned to that business concern during the same licensing period.
Section 6. That the existing Section 3381.17 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3381.17 License fees.
(A) A fee, as established by the fee schedule, shall be charged for each of the following conditions:
(1) The application;
(2) The department-issued license;
(3) The renewal of a department-issued license.
All such fees for a department-issued license are nonrefundable.
(B) In addition to the fees described above, there may be other fees stipulated by this code included in the fee schedule that pertain to a department-issued license. All such fees are nonrefundable.
(C) For accelerated processing, the fee shall be equal to that prescribed by the fee schedule.
(D) For licenses that would last longer than one year due to the prescribed expiration time frames, the fee as prescribed in the fee schedule shall be prorated on a monthly basis for the period that exceeds the initial twelve months.
The fees for all initial licenses and renewals are established by the fee schedule. All license fees shall be nonrefundable.
Any person serving in the United States Armed Forces shall be exempt from license fees during the period of his or her active duty and his or her license may be renewed within ninety (90) days of termination of active duty.
Section 7. That the existing Section 3381.18 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3381.18 Requirements for issuance of a limited or general sign contractor's license.
Before the department issues a general or limited sign erector's license under the provisions of this chapter, and prior to each renewal, a holder of a department-issued license shall provide in a manner prescribed by the department and maintain the following:
A. A bond of not less than twenty-five thousand ($25,000.00), fifteen thousand dollars ($15,000.00), which shall be of good and sufficient surety as approved by the department; and.
1. The bond shall be on a form prescribed by the department; and.
2. The bond shall be conditioned to save the city harmless from all loss and damage to persons or property which may be occasioned in any way, by accident or the want of care or skill on applicant's part, in the prosecution of the work; and.
3. The bond shall provide for payment to the city for damages to the city or city property in the course of performance of work. Failure to maintain such bond in good standing shall be cause for immediate suspension by the department for the department-issued license; and
4. The individual named on the department-issued general or limited sign erector's license shall sign the bond submission regardless of any assignment to a business concern; and.
5. When an individual has more than one department-issued contractor's license, or contractor registration with the department only one (1), twenty-five thousand ($25,000.00) fifteen thousand dollars ($15,000.00) bond will be sufficient for all such licenses and registrations with the department expiring with the department during the same time-frame.
B. Proof of liability insurance, which shall be written with an acceptable insurance company licensed to do business in the state of Ohio. The liability insurance shall afford limits of liability no less than three hundred thousand dollars ($300,000.00) one hundred thousand dollars ($100,000.00) for damages to a single person, and five hundred thousand dollars ($500,000.00) three hundred thousand dollars ($300,000.00) for one (1) occurrence.
C. Proof of current workers compensation coverage, which shall be by the state of Ohio in the name of the department-issued contractor's license holder and which shall cover the employees already engaged or to be engaged in the work covered by the contractor's license.
D. Proof of registration with the income tax division of the city auditor's office in a manner prescribed by the department. The determination of an account in good standing shall be by the income tax division of the city auditor's office.
E. The board of review of general and limited sign erectors is empowered by the provisions of C.C. 3381.10 to suspend a department-issued general or limited sign erector's license upon proof that any of the items denoted in parts A through D of this section have not been continuously maintained in good standing by the holder of the respective license.
Section 8. That the existing Section 3381.19 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3381.19 Expiration and Renewal of license.
A. A sign erector's license shall expire at the end of the quarter designated for persons whose surname's initial letter falls within that quarter's range as follows:
|
Quarter |
Range of Initials |
Expiration Date |
|
Fall Quarter |
A through F |
December 31 |
|
Winter Quarter |
G through L |
March 31 |
|
Spring Quarter |
M through R |
June 30 |
|
Summer Quarter |
S through Z |
September 30 |
1. An applicant with this type of license for renewal shall be exempt from re-examination provided:
a. The application for renewal is filed and the renewal process is completed within thirty (30) calendar days following the expiration of such license formerly held by the applicant; and
b. Such former license has not been revoked for cause by the board of review of general and limited sign erectors; and.
2. Failure of the applicant to renew and/or not complete the renewal process of this type of license within thirty (30) calendar days following its expiration date shall result in the loss of all fees that have already been paid and shall require that the applicant appear before the board of review of general and limited sign erectors for consideration of reinstatement, if reinstatement is desired.
3. The application to appear before the board of review shall be made within thirty-one (31) calendar days subsequent to the thirty (30) days following the expiration date of the license. Thereafter, a license may only be obtained by applying for a new license with the department.
4. An applicant's appearance before the board of review for consideration of reinstatement of a license shall require the payment of the fee prescribed by the fee schedule.
5. A license that has been reinstated by the board of review shall require the payment of the license fee and the late fee as prescribed by the fee schedule for such reinstatement.
6. The license reinstatement process shall be completed within thirty (30) calendar days from the date of the board of review's approval for reinstatement. The applicant's failure to complete the reinstatement process with the department's license section within the required thirty (30) calendar days shall result in the loss of all fees already paid and the board of review's approval for reinstatement for a license being shall be void. Thereafter, a license may only be obtained by applying for a new license with the department.
B. A license may be renewed at any time during the three (3) month period prior to its expiration date; however, such early renewal shall comply with renewal requirements.
C. All bonds submitted for license renewal shall be signed by the individual who has qualified for the license, regardless of any assignment to a business concern.
D. No person whose license has expired shall perform any work governed by this code until a renewal license is issued. A late charge shall be added to the renewal fee if the application is received after the license has expired.
E. C. A license-holder, or licensed business, who fails to correct work which does not comply with this code, shall be denied renewal of his or her license until compliance with this code has been secured.
D. A person whose department-issued license has expired shall not perform any work governed by this code until a renewal of the license by the department is issued, nor shall the department issue a permit to a license-holder with an expired department-issued license. A late fee, as prescribed by the fee schedule, shall be added to the renewal fee if the application for renewal is received after the date of expiration of the license.
Section 9. That the existing Section 3381.20 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3381.20 Assignment and Issuance to business concern.
A. A sign erector's license shall be issued in the name of the individual who successfully meets the qualifications and passes the examination required by this chapter. However, said individual, at the time of application, or at any time thereafter, may assign his or her license rights to one (1) business concern with whom he or she is associated with as a legal bona fide, full-time officer, proprietor, partner, or employee, and may designate that his or her license shall be issued in the name of said concern. In such event, said license shall be issued in the name of said business concern, which shall be known as the licensed-business, and no license shall be issued to the individual applicant in his own name during the period he or she is associated with said business concern. In such event, the license shall state on its face the name and position in the business concern of the individual who qualified for the license under the terms of this chapter. No individual may be named on more than one (1) license within a trade at the same time.
B. In the event the individual named on the license becomes disassociated from the licensed-business, the license shall become null and void at ninety (90) calendar days after such disassociation, except where another license-holder becomes associated with the business concern and the business concern so notifies the division in writing. During this ninety (90) day period, the work on existing permits may be followed through to completion, but no new work shall be commenced. The license-holder shall notify the division of any change of status. In such event, a new license, setting forth the name of the new individual, shall be issued to the licensed-business. A non-refundable fee, as prescribed in the fee schedule, shall be required for the issuance of this new license. No additional fee shall be required for the issuance of this new license within the same license year.
C. There shall be a ninety (90) calendar day waiting period on the transfer of assignment of a license from one company to another, unless it had been in the department-issued license of the licensee him or herself.
Exception: Upon presentation of satisfactory evidence of whichever of the following conditions having occurred that caused the termination of the currently licensed-business, the ninety (90) day period may be waived by the chief building official:
(1) Closure of the licensed-business because of Chapter 7 bankruptcy;
(2) Dissolution of the licensed-business that is a corporation, limited liability partnership (LLP), or a limited liability corporation (LLC) that was filed and recorded and in good standing with the Secretary of State of Ohio; or
(3) Merger or consolidation of the licensed-business with a corporation, limited liability partnerships (LLP), or a limited liability corporations (LLC) that are filed and recorded and in good standing with the Secretary of State of Ohio.
The provisions of this exception may be implemented only once in any thirty-six (36) consecutive month period.
No individual shall be named in any license for a business concern who within ninety (90) days next previous to the filing of the application for the license was designated as the license-holder in the license of any other business concern. Such individual may, however, be licensed as the qualified individualimself.
D. When a license is assigned to abusiness concern, all work caied on by the licensed-business shall be deemed to be carried on under the personal supervision of the individual named in the license, and any violation of the license terms shall be imputed to the individual named therein.
E. The license-holder shall be actively engaged in the business and shall be readily available for consultation with the department within two (2) business days after notification director. No license-holder shall permit his or her a particular license to be used in more than one (1) business at any time. It shall be cause for the revocation of the license issued to a business concern if it shall be shown that the license-holder is not, or is no longer, a legal bona fide, full-time officer, proprietor, partner or employee of said business concern.
Break1
No individual shall be entitled to be named in any license who has shall have outstanding against him or her, as an individual, or as a full-time officer, proprietor, partner, or employee of a business concern, any suspension or revocation of another license as a contractor; however, but another qualified full-time officer, proprietor, partner, or employee may be substituted upon proper application therefor.
Section 10. That the existing Section 3381.21 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3381.21 Transfer or use of license.
No holder of any license, issued in accordance with the provisions of this chapter, shall allow his or her their name to be used by any other party, either for the purpose of performing doing work or obtaining a permit. No license-holder shall permit or allow any person to perform do work under the authority of a permit granted to the license-holder unless such individual is the direct employee of the license-holder or licensed-business. No license shall be assignable or transferable, except as specified elsewhere in this chapter.
EXCEPTION: A licensed contractor may work as a subcontractor as regulated in C.C. 3381.23.
Section 11. That the existing Section 3381.22 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3381.22 Applicable Codes Use of license.
Applicable provisions of the Columbus Building Code, Title 41, in addition to all provisions of this Graphics Code, shall apply to the installation of any and all signs.
No holder of any sign erector's license, whether general or limited, issued in accordance with this Graphics Code, shall allow his or its name to be used by any other party, either for the purpose of doing work or obtaining a permit. No holder of a license shall permit or allow any person to do work under the authority of a permit granted to the license-holder except that he be the direct employee or under the supervision and control of the license-holder or licensed business. However, a licensed sign erector may work as a subcontractor subject to the provisions of C.C. 3381.23.
Section 12. That the existing Section 3381.23 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3381.23 Work as a sub-contractor subcontractor.
(A) A general or limited sign erector, with proper and current license, may perform work as a sub-contractor of a primary contractor who has proper and current license as well as a permit to perform the work. The sub-contractor shall not be required to obtain a second permit and pay fees based on the number of devices, etc., already paid by the primary contractor. The sub-contractor shall obtain a permit to perform that part of the work being sub-contracted and shall pay the relevant minimum fee indicated in the fee schedule.
(B) The registration and certification requirements of the sub-contracting company shall coincide with that of the primary contracting company as required to cover that work being sub-contracted.
(C) The sub-contractor's permit application shall be made in the name of the sub-contractor and shall indicate all of the following information:
(1) The work to be sub-contracted;
(2) Shall identify the primary contractor;
(3) The permit number issued to primary contractor; and
(4) Under the miscellaneous space, state "sub-contractor."
(D) Both the primary contractor and the sub-contractor shall be responsible for the work as regulated by provisions of this graphics code and any applicable provision of the Columbus Building Code.
A sign erector, whether general or limited, with a proper and current license, may work as a subcontractor of a sign erector who has a proper and current license and who has a permit to do the work, except that no limited sign erector may subcontract to do work that he is not licensed to do, had he been the party obtaining the permit. The subcontractor shall not be required to obtain a permit and pay fees for the signs to be erected provided said permits have already been obtained and paid for by the primary sign erector.
Both the primary sign erector and the sign erector acting as a subcontractor shall be responsible for the proper erection of the graphic subject to the provisions of this Graphics Code.
Section 13. That the existing Section 3381.24 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3381.24 Suspension and revocation.
A. Upon receiving a complaint in writing made by any person, and subscribed to and sworn to affirmatively by the complainant before an officer of the department some officer or magistrate authorized to administer oaths, stating in substance facts indicating that a license-holder shall have done any of the things herein before hereinbefore mentioned, which constitute cause for the suspension or revocation of his or her license, the board of review shall cause a copy of such complaint to be served by registered mail on such license-holder complained of, together with a notice of the location, time, and date upon which such complaint will be heard, which shall be at some time not later than sixty (60) ninety (90) calendar days after the filing of such complaint.
B. The complainant shall also be notified as to the date and place of hearing. At the place and date mentioned in such notices, the board of review shall hear the testimony of such complainant, and the license-holder complained against, relative to the matters set forth in such written complaint as well as ,and also the testimony of any individual(s) individual having knowledge of the facts and brought before such board as a witness(es) witness.
All such testimony shall be heard under oath or affirmation of the individual testifying. The board of review may adjourn or continue such hearing or change the place thereof as the circumstances of the particular case may require.
C. After hearing the testimony upon such complaint, the board shall determine the truth or falsity of the matters charged in the complaint, and whether any violation of the terms and conditions under which the license was issued to the license-holder complained of has occurred. If the board determines such complaint is not true, or that the testimony fails to show that any violation of the terms under which such license was issued has been committed, it shall forthwith dismiss such complaint.
D. If, however, it shall be found that a violation has been committed, the board of review shall have the authority to suspend, for a period not to exceed six (6) months, or to revoke the license held by the license-holder. Any license-holder whose license shall be so revoked shall not be entitled to apply for the issuance of a new license for a period of one (1) year after the date of such revocation, and not until such former license-holder has corrected the cause for which such license was revoked or suspended, if a specific reason was stated. The penalty to be attached in each case shall be at the discretion of the board of review. Any license-holder who shall have twice previously been found guilty of violation of the terms and conditions of his or her license shall have such license revoked if found guilty on a third or later complaint.
E. The secretary of the board of review shall notify the department's licensing section, in writing, by no later than the close of business of the following work day after the final determination of the board of review's hearing has been made concerning the complaint filed against the license-holder.
The decision of the board of review concerning a revocation or suspension of a license may be appealable to the Columbus Graphics Commission pursuant to Chapter 3382. Such an appeal shall be limited to the record created during the proceeding before the applicable board of review. An appeal before the Graphics Commission pursuant to Chapter 3382 shall not be a trial de novo. Such an appeal to the Columbus Graphics Commission shall be filed within thirty-one (31) calendar days from the date the board of review made its determination. Following revocation, or during any period of suspension, such former license-holder or license-holder shall not perform any work of a licensed contractor. The department shall not issue a permit to a department-issued licensed contractor while under revocation or suspension.
Section 14. That the existing Section 3381.25 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3381.25 Elective suspension (Escrow) of license.
(A) A license-holder may place their license in elective suspension (escrow) upon a written request and payment of the fee, as prescribed by the fee schedule for such placement to the department's license section, at any time. The written request shall be submitted with his or her application for the immediate establishment of the elective suspension (escrow) status or to occur in lieu of their contractor license renewal. The license-holder shall pay the fee as prescribed by the fee schedule and obtain, a contractor license elective suspension (escrow) renewal each year as herein before regulated. During the period of the elective suspension (escrow), the license-holder shall not be required to obtain or furnish the required bond or liability insurance. Throughout the period of elective suspension (escrow), the license-holder shall not perform any work of a licensed contractor and no permits shall be issued to such license-holder.
(B) A general or limited sign erector contractor license may be placed in elective suspension (escrow) indefinitely; however, such license shall be renewed each year by payment of the fee prescribed by the fee schedule for such placement. Failure to renew a license that is in elective suspension (escrow) shall be sufficient cause for such license to become immediately canceled by the department without recourse. Reestablishment of a general or limited sign erector contractor license shall be only accomplished by making a new application for such license with the department.
(C) Upon notification to the department's license section and paying the fee as prescribed in the fee schedule, and providing evidence of all required documentation, the elective suspension (escrow) status of a license shall be removed. Thereafter, the license-holder may perform the work of his or her licensed craft or trade as a contractor and obtain permits as applicable.
A. A license-holder may place his license in elective temporary suspension upon written request to and approved by the director. Request shall be in writing and submitted with his application for renewal or change of license. The license-holder shall pay for and obtain a license each year as hereinbefore regulated, but during the period of temporary suspension shall not be required to obtain the bond. During the period of elective temporary suspension, the licensed individual shall not perform any work of a licensed contractor and no permits shall be issued to said individual.
B. A license may be placed in elective suspension for a maximum of three (3) years. After three (3) years the individual shall remove his license from elective suspension or lose the right to renew the license without retaking the examination.
C. Upon notification to the director and providing evidence of possessing the required bond, the temporary suspension shall be removed and the licensed individual may perform as a licensed contractor and obtain permits.
Section 15. That this ordinance shall take effect and be in force from and after the earliest period provided by law.