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 the Columbus Building Commission at their June 20, 2006, meeting and at their monthly public meeting held on July 18, 2006, the Columbus Building Commission recommended the changes for approval.
FISCAL IMPACT:
No funding is required for this legislation.
Title
To amend sections in Chapter 4114 of the Columbus Building Code, Title 41, in order to update and streamline the requirements for the issuance of licenses and local registrations for the construction industry as regulated by that the Columbus Building Code.
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, update code language to reflect the name change for the OCILB, simplifies 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 the Columbus Building Commission at their June 20, 2006, meeting and at their monthly public meeting held on July 18, 2006, the Columbus Building Commission recommended the changes for approval; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the existing Section 4113.103 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.103 Scope.
The provisions of this chapter for department-issued licensing and registration apply to the construction, addition, prefabrication, alteration, repair, and maintenance of all types of buildings or structures and their accessory structures, including the building service equipment associated therewith, that is either governed or regulated by the Columbus Building Code or the Ohio Basic Building Code (OBC).
Section 2. That the existing Section 4114.105 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.105 Work of professional service provider's exemption.
For the purpose of this chapter, an architect, professional engineer, or any other such person who is required by Chapter 4703 or Chapter 4733 of the Ohio Revised Code (ORC) to attain standards of competency or experience as a prerequisite to engaging in such profession is considered a professional service provider. When such an individual is acting exclusively within the scope of the profession for which they are either licensed or registered pursuant to such law, they are exempted from licensing or registration with the department.
An individual licensed or registered under Chapter 4703 or Chapter 4733 of the ORC is not exempted from the requirements of this code as required for department registration or department licensure to obtain required permits from the Department.
Section 3. That the existing Section 4114.107 of the Columbus City Code, 1959, is hereby amended to read as follows:
4114.107 Work of department-licensed contractor and licensed journeyperson plumber.
(A) It shall be unlawful to undertake or perform work of any department-licensed contractor, or trade, as defined in this Building Code within the corporate limits without first obtaining a department-issued license.
In addition, it shall be unlawful for any person other than an owner, officer, partner, or employee of a department-issued licensed contractor, to represent or advertise him or herself, for or without compensation, either publicly or privately, as being ready, willing or able to contract to undertake or offer to undertake, to plan for, lay out, supervise, install and/or make additions, alterations or repairs for any work within the scope of any department license required to perform such work, unless such work will be performed under the auspices of a department-issued license as required by this chapter. Such department-issued license shall have been authorized by the relevant board of review and subsequently issued by the department.
(B) The requirements of subsection (A) above shall apply to any work within the scope of a department-issued license for work in any new or existing building or structure, which shall include one (1) -, two (2) -, and three (3) -family dwellings, governed by either the Columbus Building Code or the Ohio Basic Building Code (OBC).
(C) The department requires and issues licenses for the following types of contracting:
(1) Home improvement -- general contractor.
(2) Home improvement -- limited contractor.
(3) Sewer contractor.
A department-issued home improvement contractor license in the specific craft or trade as defined hereafter in this chapter, is required to perform such work in, or on, any one (1)-, two (2)-, and three (3) -family dwelling within the corporate limits.
(D) The department requires and issues a license for journeyperson plumber.
(1) No OCIEB OCILB licensed specialty plumbing contractor shall employ any person to work at the trade of journeyperson other than a duly licensed journeyperson plumber licensed by the department.
(2) No person shall engage in or work at the trade as journeyperson plumber until he or she shall have first procured a department-issued journeyperson plumber's license.
(3) No department-licensed journeyperson plumber shall contract or carry out a contract for the construction, installation, repairing or altering of any plumbing, or furnish plumbing material therefor, within the corporation limits of the city, or represent or advertise himself, either publicly or privately, as being ready, willing or able to contract to perform such work or furnish such material within the corporation limits of the city.
(E) No home improvement general contractor license, home improvement limited contractor license, or sewer contractor license shall be required of any person when acting in the particular capacity or particular type of transaction set forth in this subsection as follows:
(1) A tradesperson who performs labor or services for a department-licensed contractor for wages, salary, or compensation of any type, manner, or form provided such person is a direct employee or a legally leased tradesperson under the direct supervision of the department-licensed contractor.
(2) Any retail clerk, clerical, administrative, or other employee of a department-licensed contractor, as to a transaction on the premises of the contractor.
Section 4. That the existing Section 4114.111 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.111 Work of a registered OCIEB OCILB licensed specialty contractor.
(A) It shall be unlawful to undertake or perform work of any Ohio Construction Industry Examining Licensing Board (OCIEB OCILB) licensed specialty contractor, as defined by Section 715.27(F) of the Ohio Revised Code (ORC), within the corporate limits without first obtaining an OCIEB OCILB licensed specialty contractor registration from the department.
In addition, it shall be unlawful for any person other than an owner, officer, partner, or employee of an OCIEB OCILB licensed specialty contractor, to represent or advertise him or herself, for or without compensation, either publicly or privately, as being ready, willing or able to contract to undertake or offer to undertake, to plan for, lay out, supervise, install and/or make additions, alterations, or repairs in or for the building service equipment installation of any electrical, plumbing, heating, ventilating, and air conditioning (HVAC), refrigeration or hydronics system in any building or structure governed by this Building Code, unless such work will be performed under the auspices of a duly registered OCIEB OCILB licensed specialty contractor as required by this section.
(B) The requirements of subsection (A) above shall apply to any new or existing building service equipment in any new or existing building or structure, which shall include one (1)-, two (2)-, and three (3) -family dwellings, governed by either the Columbus Building Code or the Ohio Basic Building Code (OBC).
(C) The department requires and issues registration for the following OCIEB OCILB licensed specialty contractors:
(1) Electrical contractor;
(2) Heating, ventilating and air-conditioning (HVAC) contractor;
(3) Hydronics (steam and hot water) contractor;
(4) Plumbing contractor; and/or
(5) Refrigeration contractor.
(D) No OCIEB OCILB specialty contractor license, or registration, shall be required of any person when acting in the particular capacity or particular type of transaction set forth in this subsection as follows:
(1) A tradesperson who performs labor or services for a department-registered OCIEB OCILB specialty contractor for wages, salary, or compensation of any type, manner or form provided such person is a direct employee or a legally leased tradesperson under the direct supervision of the registered OCIEB OCILB licensed specialty contractor;
(2) Any retail clerk, clerical, administrative, or other employee of a department-registered OCIEB OCILB specialty contractor, as to a transaction on the premises of the contractor.
Section 5. That the existing Section 4114.113 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.113 Work of a registered general contractor and of a demolition contractor.
(A) The department requires and issues registrations for the following types of contracting:
(1) General contractor; and
(2) Demolition contractor.
(B) Registration Required. It shall be unlawful to undertake or perform work of any department-registered general or demolition contractor as defined in this Building Code without first obtaining a department-issued registration to perform such work.
It shall be unlawful for any person other than an owner, officer, partner, or employee of a registered general or demolition contractor, to represent or advertise him or herself, for or without compensation, either publicly or privately, as being ready, willing, or able to contract to undertake or offer to undertake any demolition, or to plan for, lay out, supervise, install, and/or make additions, alterations, or repairs for any work within the scope of any department-issued registration required to perform such work, unless such work will be performed under the auspices of a department-issued registration as required by this chapter.
No general contractor or demolition contractor registration shall be required for:
1. A person who performs labor or services for a department-registered general contractor or department-registered demolition contractor for wages, salary, or compensation of any type, manner or form provided such person is a direct employee or a legally leased tradesperson under the direct supervision of the department-registered contractor.
2. Any retail clerk, clerical, administrative, or other employee of a department-registered demolition and/or general contractor.
(A) (C) General Contractor. These requirements shall apply whenever any work involving the structural addition, alteration, repair, and/or new construction of any building, structure, or site as stipulated therein and regulated by this Building Code. Such work shall be only transacted by a general contractor duly registered with the department or as otherwise specifically permitted by this code.
(1) As used in this Building Code, a registered general contractor is:
(a) Any person that functions either on the behalf of, or as an agent for, an owner of a building, structure, or site for the purpose of obtaining building permits for the structural addition, alteration, repair, and/or new construction of any appurtenance, building, structure, or site, or a portion thereof, governed by the Ohio Building Code (OBC) and/or the new construction of one (1), two (2), and three (3) family dwellings and those new appurtenances directly associated therewith as regulated by this Building Code.
(b) Any person that offers to provide and/or provides the means, processes, and procedures for the structural addition, alteration, repair, and/or new construction of any appurtenance, building, structure or site, or a portion thereof, governed by the Ohio Building Code (OBC). In addition, such registration shall also include the new construction of one (1), two (2), and three (3) family dwellings and those new appurtenances directly associated therewith as regulated by this Building Code.
(2) Registration as a general contractor by the department does not convey to such a person the rights and privileges of a person having a department home improvement general or limited contractor license issued pursuant to C.C. 4114.107. Licensure as a home improvement general or limited contractor by the department does not convey to such a person the rights and privileges of a person having a department general contractor registration issued pursuant to this section.
Note: The current policies and procedures of the department already established and used for the issuance of a building permit for work in, or on, a building, structure or site governed by the OBC and the construction of new one (1), two (2) and three (3) family dwellings shall continue to be enforced until December 31, 2002. Thereafter, the requirement for general contractor registration before the issuance of a building permit for these types of general construction as herein described shall become effective with the opening of the department's business on January 2, 2003. The license section of the department shall begin accepting applications for general contractor registrations with the opening of the department's business on September 3, 2002, and such registrations shall be valid for an initial period of at least twelve (12) months but not more than eighteen (18) months.
(D) Demolition Contractor. These requirements shall apply to any work involving the demolition of any building, structure, or site, which shall include one (1), two (2), and three (3) family dwellings and buildings, structures, or sites associated therewith governed by the Ohio Building Code (OBC) or the Columbus Building Code that is to be performed. Such work shall be only transacted by a demolition contractor duly registered with the department.
As used in this Building Code, a duly registered demolition contractor is any person that provides the means, processes, and procedures for razing or removing all, or a portion thereof, of a building, structure, or appurtenance from a property governed by this Building Code. Such department-issued registration shall have been authorized by the board of review of general and home improvement contractors and subsequently issued by the department.
(E) No general contractor or demolition contractor registration shall be required for:
1. A person who performs labor or services for a department-registered general contractor for wages, salary, or compensation of any type, manner or form provided such person is under the direct supervision of the department-registered general contractor.
2. A person who performs labor or services for a department-registered demolition contractor for wages, salary, or compensation of any type, manner or form provided such person is a direct employee or a legally leased tradesperson under the direct supervision of the department-registered demolition contractor.
3. Any retail clerk, clerical, administrative, or other employee of a department-registered demolition and/or general contractor, as to a transaction on the premises of the contractor.
Section 6. That the existing Section 4114.115 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.115 Work of a registered fire alarm and detection equipment and/or fire protection company.
(A) The department requires and issues registrations for the following categories of certified fire alarm and detection equipment and/or fire protection companies:
(1) Automatic sprinkler and standpipe systems;
(2) Fire service mains;
(3) Fire pumps;
(4) Fire alarm and detection equipment;
(5) Household fire warning equipment only;
(6) Engineered extinguishing equipment (OTW); and/or
(7) Pre-engineered extinguishing equipment (OTW).
(B) The scope of work of a certified fire alarm and detection equipment and/or fire protection company registered with the department is limited to those categories in paragraph (A) above for which current and valid proof of Ohio Division of State Fire Marshal individual certification issued by the Bureau of Licensing and Certification is provided to the department.
Note: The current policies and procedures of the department already established and used for the registration of certified fire alarm and detection equipment and/or fire protection company(s) shall continue to be enforced until June 30, 2002. Thereafter, the requirement for, and the issuance of, a certified fire alarm detection equipment and/or fire protection company registration as herein required shall become effective with the opening of the department's business on July 1, 2002.
Basic Building Code (OBC) within the corporate limits.
Exception: The installation of single station, inter-connected line voltage smoke detectors that are installed by an OCIEB OCILB licensed electrical specialty contractor duly registered with the department in one (1), two (2), and three (3) family dwellings.
(D) The validity of a department-issued registration of a fire alarm and detection equipment and/or fire protection company and its category of work listed in Section 4114.115(A) is totally dependant upon the expiration date of the validating individual's certification or of the company's certification expiration dates, whichever occurs first.
(E) As used in this Building Code, a certified fire alarm and detection equipment and/or fire protection company is a company certified by the Ohio Division of State Fire Marshal, Bureau of Licensing and Certification that provides the means, processes, and procedures for the alteration and/or installation of any fire protection system in any building or structure governed by this Building Code that consists of devices, equipment and/or systems used to detect a fire, activate an and alarm, suppress or control a fire, or any combination thereof. The registration of a certified fire alarm and detection equipment and/or fire protection company with the department requires current, valid company certification issued by the Ohio Division of State Fire Marshal, Bureau of Licensing and Certification.
Section 7. That the existing Section 4114.117 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.117 Required registration of Ohio Division of State Fire Marshal certified individual.
(A) The certified individual, who provides the validation for the scope of work of any of the categories of Section 4114.115(A) for a fire alarm and detection equipment and/or fire protection company, shall have current and valid certification issued by the Ohio Division of State Fire Marshal, Bureau of Licensing and Certification. Such an individual shall also be registered with the department.
Note: The current policies and procedures of the department already established and used for the registration of certified individuals shall continue to be enforced until June 30, 2002. Thereafter, the requirement for this registration as herein required shall become effective with the opening of the department's business on July 1, 2002.
Section 8. That the existing Section 4114.119 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.119 Work as a sub-contractor.
(A) A department-licensed home improvement general or limited contractor, a licensed sewer contractor, a registered OCIEB OCILB licensed specialty contractor, a registered general contractor, a registered demolition contractor, and a registered certified fire alarm and detection and/or fire protection company, with proper and current license or registration, may perform do work as a sub-contractor of a primary contractor or registrant who has proper and current license or registration and who has 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 for by the primary contractor or registrant. The sub-contractor shall obtain a permit to perform do 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 subcontracting company shall coincide with that of the primary contracting company as required to cover that work being sub-contracted.
Exception: A licensed home improvement limited contractor duly licensed by the department may work as a sub-contractor of a home improvement general contractor, also duly licensed by the department, but only within the scope of work of the home improvement limited contractors licensure.
(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 or registrant;
(3) The permit number issued to primary contractor or registrant; and
(4) Under the miscellaneous space, state "sub-contractor."
(D) Both the primary contractor and the sub-contractor, or the primary registrant and the sub-registrant, shall be responsible for the work as regulated by the Columbus Building Code.
Section 9. That the existing Section 4114.303 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.303 Composition of boards.
(A) Each board of review shall be composed of seven (7) voting members and a secretary. Four (4) voting members of a board in attendance at a meeting shall constitute a quorum.
Exception: The board of review of plumbing and sewer contractors and of journeyperson plumbers shall have eight (8) voting members. The eighth voting member of this board shall be the administrator, or designee, of the division of sewerage and drainage.
(B) The building services inspection supervisor of the relevant trade and/or craft of the board of review shall be the secretary to such board. The secretary of a board of review is not a voting member of the board.
(C) All boards of review, except the board of review of general and home improvement contractors, shall have the following membership:
(1) Two (2) OCIEB OCILB licensed specialty contractors, whose trade or craft shall be relevant to the business of the board of review on which they serve. Both contractors shall be duly registered with the department. In addition, such OCIEB OCILB licensed specialty contractors shall be actively engaged in the type of contracting of their OCIEB OCILB specialty license. Of the two (2) OCIEB OCILB specialty contractors, one (1) shall operate their business under a collective agreement with a recognized labor organization, and one (1) shall not.
Exception: A department-licensed sewer contractor, with current, valid license and actively engaged in the business of sewer contracting, may occupy one (1) of the registered contractor positions in lieu of one (1) of the registered OCIEB OCILB licensed specialty contractor position on the board of review of plumbing and sewer contractors and of journeyperson plumbers. The required labor organization relationship, however, shall not be compromised.
(2) Two (2) journeypersons, whose trade or craft shall be relevant to the business of the board of review on which they serve and, in addition, shall be actively engaged in such relevant craft or trade. Of the two (2) journeypersons, one (1) shall be employed under a collective agreement with recognized labor organization, and one (1) shall not.
(3) Three (3) public members, each of who are familiar with the construction industry relevant to the board of review on which they serve.
(D) The membership of the board of review of general and home improvement contractors shall be as follows:
(1) Two (2) department-licensed home improvement general contractors with current, valid licensure whom shall be actively engaged in home improvement general contracting.
(2) Two (2), department-licensed home improvement limited contractors with current, valid licensure whom shall be actively engaged in home improvement limited contracting.
(3) Two (2) department-registered general contractors with current, valid registration whom shall be actively engaged in the work of a registered general contractor. Of the two (2) registered general contractors, one (1) (2) shall operate their business under a collective agreement with a recognized labor organiztion, and one (1) shall not.
(4) One (1) public member, who is familiar with the construction try relevant to the board of review of general and home improvement contractors.
(E) 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.
(F) Except for the secretary, all members of a board of review shall be legal residents of the city or of the counties therein situated and appointed for a term of three (3) years by the director of the department. The term of each board member shall continue until a successor is appointed. The director may remove any member of the board, except the secretary and the administrator or designee of the division of sewerage and drainage, for in
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nduct in office. Each voting board member, except for the administrator or designee of the division of sewerage and drainage, shall receive payment for each meeting attended in accordance with the administrative salary ordinance.
(G) 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.
Section 10. That the existing Section 4114.305 of the Columbus City Code, 1959, is hereby amended to read as follows:
4114.305 Duties and powers of the boards of review.
(A) General Duties and Powers. Each board of review shall have the following general duties and powers:
(1) To make, adopt, and from time to time, alter its own rules or procedures for the conduct of its meetings and proceedings;
(2) To select its own officers in accordance with the by-laws adopted by the board;
(3) To perform other related duties required either by this Building Code or as directed by the chief building official or the department;
(4) To adjudicate a complaint filed with the appropriate board of review against a department-registered OCIEB OCILB licensed specialty contractor, the holder of a department-issued license or other department contractor registration. Such a complaint, however, shall be within the limits of the authority, competence, concern, intension, or responsibility of the board of review receiving the complaint;
(5) To suspend or revoke the relevant department-issued license or registration of a contractor who, after notification and hearing:
(a) Shall have been found to have violated the terms of this chapter, or
(b) Shall have failed to obtain proper permits or failed to obtain a registration certificate or failed to obtain inspection as provided by law as required by the applicable building code relating to the inspection and approval of such work, within the city;, or
(c) Shall have been shown to be persistent and habitual violators of the laws of the state, the provisions of this Building Code or other ordinances of the city relating to the construction, installation, or repair of buildings within the city of Columbus.
(B) Specific Duties and Powers. The boards of review shall have the additional specific duties and powers as hereinafter indicated in this subsection:
(1) The board of review of general and home improvement contractors is authorized and empowered to review the qualifications as established in Section 4114.505, of all applicants who have passed the appropriate written examination(s) and thereupon have made proper application for the department's license to engage in the business of a general or limited home improvement contractor. For those applicants who the board has found to meet all such qualifications, the board shall certify their names to the department for the issuance of the appropriate home improvement contractor's license.
(2) The board of review of general and home improvement contractors shall review the qualifications as established in Section 4114.903, of all applicants who have made proper application to obtain a demolition contractor registration from the department. For those applicants who the board has found to meet all such qualifications, the board shall certify their names to the department for the issuance of a demolition contractor's registration.
(3) The board of review of general and home improvement contractors shall adjudicate matters pertaining to a department-issued home improvement general or limited licensed contractor, department-registered general contractor, and/or a department-registered demolition contractor, resulting from Section 4114.537 or Section 4114.937 as applicable.
(4) The board of review of plumbing and sewer contractors and of journeyperson plumbers, is authorized and empowered to review the qualifications as established in Section 4114.505, of all applicants who have passed the appropriate written examination(s) and thereupon have made proper application for a department-issued license as a sewer contractor or a journeyperson plumber. For those applicants who the board has found to meet all such qualifications, the board shall certify their names to the department for the issuance of the appropriate license for which the application was made.
(5) The board of review of plumbing and sewer contractors and of journeyperson plumbers shall adjudicate matters pertaining to a department-issued licensed sewer contractor, a licensed journeyperson plumber, a department-registered OCIEB OCILB licensed plumbing contractor, and a department-registered fire protection/suppression company, which result from Section 4114.537, Section 4114.727, or Section 4114.937 as applicable.
Exception: The board of review of warm air heating and air conditioning (HVAC) contractors shall adjudicate matters pertaining to a department-registered fire alarm and detection equipment and/or fire protection/suppression company pertaining to kitchen exhaust systems resulting from Section 4114.937.
(6) The board of review of electrical contractors shall adjudicate matters pertaining to a department-registered OCIEB OCILB licensed electrical contractor, and/or a registered fire alarm and detection equipment company, resulting from Section 4114.727 or Section 4114.937 as applicable.
(7) The board of review of refrigeration contractors shall adjudicate matters pertaining to a department-registered OCIEB OCILB licensed refrigeration contractor, which result from Section 4114.727.
(8) The board of review of warm air heating and air conditioning (HVAC) contractors shall adjudicate matters pertaining to a department-registered OCIEB OCILB licensed warm air heating and air conditioning contractor (HVAC), and a department-registered OCIEB OCILB licensed hydronics (steam and hot water) contractor, resulting from Section 4114.727.
(9) The board of review of general and home improvement contractors and the board of review of plumbing and sewer contractors and of journeyperson plumbers, are empowered to review, and recommend needed changes, in the content of the examinations for a department-issued license authorized by them to the chief building official. However, before any change in the content of such examination is made, it shall require the approval of the chief building official.
In addition, the board of review of general and home improvement contractors and the board of review of plumbing and sewer contractors and of journeyperson plumbers may promulgate rules or procedures governing the filing, handling and disposition of complaints concerning and examination or the grading thereof.
(10) The appropriate board of review of general and home improvement contractors and the board of review of plumbing and sewer contractors and of journeyperson plumbers, are empowered to review the qualifications, as established in Section 4114.505, of all applicants who have passed the relevant written examination(s) for a department-issued license for which they have filed a completed application.
(C) In the event there ceases to be an approved testing agency to provide the examination(s) required by C.C. 4114, the director shall immediately notify, in writing, the board of review of general and home improvement contractors and the board of review of plumbing and sewer contractors and of journeyperson plumbers of this fact. The director shall also issue a statement, in writing, of policy and procedure to be used until such time an approved testing agency has been identified by the director.
Section 11. That the existing Section 4114.503 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.503 Application for department-issued license.
(A) A person desiring to be a department-licensed home improvement general or limited contractor, or sewer contractor, or a journeyperson plumber, shall apply to the department on an application form prescribed therefor for such license, together with the nonrefundable fee prescribed by the fee schedule.
(B) The application for a department-issued license shall be confirmed and signed under oath by the applicant. The application for a license shall contain the following information:
(1) Name of the applicant;
(2) Date of birth;
(3) Current residence and business address(es) addresses of the applicant;
(4) Current residence and business telephone number(s) numbers 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 ninety (90) calendar days after the date on which a passing score was achieved on any required examination given by an approved testing agency. After one (1) year ninety (90) calendar days from the date that a passing score was achieved on any required examination for a department-issued license, the passing score for that examination shall become invalid. When more than one (1) examination is required for a department-issued license, all examination scores shall be valid. Only valid examination scores shall be are 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 relevant board of review.
(D) In addition, the applicant shall also furnish a statement of experience with the application for a department-issued license. 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 quality of the work performed by the applicant during such employment or project listed; and
(5) A statement about the applicant's character by each such employer or responsible project person having direct knowledge of the character of the applicant during such employment or project listed; and
(6) A statement, made by the applicant, of the schooling and training the applicant has obtained shall also be included.
(E) The This statement of experience shall be notarized.
(F) Before an application may be approved for any applicant for a home improvement general or limited contractor's license, sewer contractor's license or a journeyperson plumber's license to be issued by the department, 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.;
(3) Be of good moral character, as defined herein.
(G) In determining the moral character of an applicant, the relevant board of review may consider:
(1) A record of repeated violations of the Columbus Building Code of Columbus or elsewhere;
(2) A record of repeated violations of other laws or ordinances regulating building construction in Columbus, or elsewhere;
(3) A record of dishonest practice or malpractice in the conduct of a business, trade or profession.
In determining the moral character of an applicant, the board of review may also consider a record of conviction of any crime that was punishable by death or imprisonment in excess of one (1) year under the law that the applicant was convicted, and if the board of review, upon being fully informed, determines that such conviction has a substantial bearing upon the applicant's fitness to be a holder of a license issued by the department.
A board of review shall consider only such factors as heretofore enumerated when determining the moral character of an applicant.
(H) The building services board of review of home improvement contractors shall review the application for a home improvement general or limited license. The board of review of contractors for plumbing, sewers and journeyperson plumbers shall review the application of sewer contractors and journeyperson plumbers.
Section 12. That the existing Section 4114.505 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.505 Minimum experience qualifications for a department-issued license.
(A) Home Improvement General Contractor License. The applicant for a home improvement general contractor license shall have a minimum of three (3) full years of "hands-on" installation experience in the one (1)-, two (2)-, and three (3)-family home improvement field.
(B) Home Improvement Limited Contractor License. The applicant for a home improvement limited contractor license in the following fields of specialization shall have a minimum of one (1) full year of "hands-on" installation experience in that field for which a license is applied for:
(1) Residential roofing;
(2) Residential siding, windows, and doors;
(3) Residential wood deck installation;
(4) Residential basement waterproofing;
(5) Residential prefabricated fireplaces and wood or coal stoves;
(6) Residential masonry fireplaces;
(7) Residential aluminum siding installation;
(8) (7) Residential fencing;
(9) (8) Residential sidewalks and driveway approaches;
(10) (9) Residential exterior lathing and stucco;
(11) (10) Residential swimming pool and spas;
(12) (11) Residential asphalt paving; and/or
(13) (12) Residential irrigation sprinkler.
(C) "Hands-on" experience shall be characterized by the active personal involvement of the applicant in the activity directly related to the type of license for which an application was made. Such active personal involvement shall have provided for the acquisition of practical experience, knowledge, and mechanical aptitude in the physical installation, operation, control, adjustment, repair, and maintenance of the specific trade or craft.
(D) Sewer Contractor License. The minimum of experience required for an applicant for a sewer contractor's license shall be evidenced in writing and shall have been obtained in any of the following ways:
(1) Two (2) consecutive full year's experience under the supervision of a Columbus or other recognized jurisdiction's licensed sewer contractor; or,
(2) Three (3) cumulative, nonconsecutive full year's experience under the supervision of a Columbus or other recognized jurisdiction's licensed sewer contractor; or,
(3) A current, valid license as a sewer contractor in another recognized city, county, or state; or,
(4) Two (2) full years' of experience working on sewer system(s).
(E) Journeyperson License. The minimum of experience required for an applicant for a journeyperson plumber license shall be as follows:
Have a minimum of five (5) full years' of experience in the plumbing trade installing building services plumbing systems and apparatus including potable water systems; or,
Completed a United States Department of Labor, Bureau of Apprenticeship Training (USDOL, BAT) certified plumbing apprenticeship program.
(F) Alternatively, in lieu of the above requirements of Section (A), (B), (C), (D), or (E) above, an applicant for any license may be:
(1) An engineer, registered in Ohio, in the specific field of work for the type of license for which application is made; or,
(2) A graduate engineer, with at least one (1) full year's experience as a designer or installer in the specific field of work for the type of license for which application is made.
(G) Determination of a Full Year. A "full year" of experience, where required in sections (A) through (F) above, shall be based on twelve (12) consecutive calendar months during which the applicant shall have been gainfully and verifiably employed for not less than sixteen hundred (1600) working hours at the specific craft, trade, or profession for which an application for a department-issued license has been made.
Section 13. That the existing Section 4114.507 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.507 Examinations required for a department-issued license.
(A) Before submitting an application to the department, to become a department-licensed home improvement general or limited contractor, sewer contractor, or a journeyperson plumber, 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 relevant board of review for the type of license for which an application will be made with the department. 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, and 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 Examining Board (OCILB) (OCIEB) for licensed specialty contractors.
Exception: The applicant for a journeyperson plumber's license is exempt from the Business and Law examination.
(B) After one (1) year ninety (90) calendar days 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.
Section 14. That the existing Section 4114.509 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.509 Re-examination for a department-issued license.
(A) An applicant's failure to pass any required examination for a home improvement general or limited contractor's license, a sewer contractor's license, or a journeyperson plumber's license shall not operate to deny the applicant the right to take such examination at a future scheduled date, provided the applicant makes proper application for such later examination with the approved testing agency.
(B) All persons who have taken the required examination shall have the right to review their examination papers and the correct answers to the examination in accordance with the approved testing agency's written procedures for such review. Any applicant who has taken an examination may file a written complaint with the board concerning the examination or the grading thereof.
(C) Pursuant to Section 4114.305, the board of review of General and Home Improvement Contractors home improvement contractors and the board of review of plumbing and sewer contractors and of journeyperson plumbers may promulgate rules or procedures governing the filing, handling, and disposition of such complaints.
Section 15. That the existing Section 4114.515 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.515 Bond requirement for a department-issued contractor license.
(A) Before the department issues a home improvement general or limited contractor's license, or a sewer contractor's license under the provisions of this chapter, and prior to each renewal thereof, each holder of such a department-issued license shall, in a manner prescribed by the department, give a bond, which shall be maintained at all times thereafter, to the department. A department-issued license shall not be issued or renewed without meeting this bond requirement.
(B) The bond required for the holder of a department-issued license shall be of not less than twenty-five fifteen thousand dollars ($25,000.00) ($15,000.00). The bond shall have good and sufficient surety approved by the department. The bond shall be on a form prescribed by the department.
(C) 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 of or skill on applicant's part, in the prosecution of the work.
(D) Such bond shall provide for payment to the city for damages to the city or city property in the course of performance of work.
(E) Failure to maintain such bond in good standing shall be cause for immediate suspension by the department of the department-issued license.
(F) The individual named on the department-issued home improvement general or limited contractor's license, or a sewer contractor's license, shall sign the bond submitted for a department issued license or the renewal thereof, regardless of any assignment to a business concern.
(G) When an individual has more than one (1) such department-issued contractor's license, or contractor registration with the department, one (1) twenty-five fifteen thousand dollar ($25,000.00) ($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.
(H) No bond shall be required of the holder of a journeyperson plumber license.
Section 16. That the existing Section 4114.517 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.517 Insurance coverage requirement for a department-issued contractor license.
(A) Before the department issues a home improvement general or limited contractor's license, or a sewer contractor's license under the provisions of this chapter, and prior to each renewal thereof, each holder of a department license shall, in a manner prescribed by the department, provide proof of liability insurance, which shall be maintained at all times thereafter, to the department. A department-issued license shall not be issued or renewed without meeting this insurance coverage requirement.
(B) The liability insurance required for the holder of a contractor's license issued by the department 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) Failure to maintain such liability insurance coverage in good standing shall be cause for immediate suspension by the department of the department-issued contractor's license.
(D) No liability insurance coverage shall be required of the holder of a journeyperson plumber license.
Section 17. That the existing Section 4114.519 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.519 Workers compensation coverage requirement for a department-issued contractor license.
(A) Before the department issues a home improvement general or limited contractor's license, or a sewer contractor's license under the provisions of this Chapter, and prior to each renewal thereof, each holder of a department-issued contractor's license shall, in a manner prescribed by the department, provide proof of current workers compensation coverage, which shall be maintained at all times thereafter, to the department. A department-issued license shall not be issued or renewed without proof of this coverage.
(B) The workers compensation coverage shall be by the State of Ohio in the name of the holder of the department-issued contractor's license and shall cover the employees thereof already engaged, or to be engaged, in the work covered by such department-issued contractor's license.
(C) Failure to maintain such workers compensation coverage in good standing shall be cause for immediate suspension by the department of the department-issued contractor's license.
(D) No proof of workers compensation coverage shall be required of the holder of a journeyperson plumber license, home improvement general or limited contractor's license, or a sewer contractor's license.
Section 18. That the existing Section 4114.521 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.521 City income tax division registration required for a department-issued contractor license.
(A) Before the department issues a home improvement general or limited contractor's license, or a sewer contractor's license under the provisions of this chapter, and prior to each renewal thereof, each holder of a department-issued contractor's license shall register with the income tax division of the city of Columbus auditor's office. Relevant proof of such registration shall, in a manner prescribed by the department, be provided to the department. A department-issued contractor license shall not be issued or renewed without proof of this registration with the city income tax division.
(B) Failure to maintain an account in good standing with the income tax division of the city of Columbus shall be cause for immediate suspension by the department of the department-issued contractor's license. The determination of an account in good standing shall be by the income tax division of the city of Columbus auditor's office.
(C) All applicants for journeyperson plumber licenses, home improvement general or limited contractor's licenses, or a sewer contractor's licenses shall adhere to all city tax regulations. Registration with the income tax division of the city of Columbus auditor's office shall not be required of a journeyperson plumber license-holder.
Section 19. That the existing Section 4114.523 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.523 Fees for department-issued licenses.
(A) A fee, as established by the fee schedule, shall be charged for each of the following conditions:
(1) The application for;
(2) The department-issued license; and,
(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 in C.C. 4114.523(A), 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 due to the prescribed expiration time frames would last longer than one year, the fee as prescribed in the fee schedule shall be prorated on a monthly basis for the period that exceeds the initial twelve months.
(E) 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 20. That the existing Section 4114.527 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.527 Expiration and renewal of a department-issued license.
(A) The provisions of this section concerning renewal only apply to home improvement general an
break2
s licenses and journeyperson plumber licenses, issued by the department.
(B) A home improvement general or limited contractor's license, a journeyperson plumber's license and a sewer contractor's license which emanated from an examination given approved by one of the department's board of reviews, and issued by the department, shall expire at the end of the quarter designated for persons whose surnames initial letter falls within that quarter's range as follows:
Quarter |
Range of Initials |
Expiration Date |
|
|
|
Fall Quarter |
A through F |
December 31 |
WinterQatrcell G through L |
March 31 |
|
WinterQatrcell G through LMarch 31Spring Quarter |
M through R |
June 30 |
Summer Quarter |
S through Z |
September 30 |
(1) An applicant with these types of licenses for renewal shall be exempt from reexamination 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) If such former license has not been revoked for cause by a relevant board of review.
(2) Failure to renew, and/or not complete the renewal process of these types of licenses 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 relevant board of review for consideration of reinstatement of the department-issued license, 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 relevant 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 shall be being void. Thereafter, a license may only be obtained by applying for a new license with the department.
(C) A home improvement general or limited contractor's license, a sewer contractor's license, and a journeyperson plumber's license may be renewed at any time during the ninety (90) calendar days prior to its expiration date; however, such early renewal shall comply with the requirements for such renewal.
(D) A bond submitted for department-issued license renewal shall be signed by the individual who has qualified for the license, regardless of any assignment to a business concern.
(E) 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.
(F) A department-issued license holder, or his or her licensed business, which fails to correct work, which does not comply with this Building Code, shall be denied the renewal of his or her license until compliance with this Building Code shall have been secured.
Section 21. That the existing Section 4114.529 of the Columbus city Codes, 1959, is hereby amended to read as follows:
4114.529 Transfer of a department-issued license.
No department-issued home improvement general or limited contractor's license, or a sewer contractor's license, shall be transferable. No holder of either a home improvement general or limited contractor's license, or a sewer contractor's license, issued by the department, shall allow their name to be used by any other person either for the purpose of performing doing work or obtaining a permit. No holder of a department-issued license shall permit or allow any person to perform do work under authority of a permit granted to the license-holder unless such other person is either a direct employee or a legally leased tradesperson, which is under the direct supervision of the license-holder or licensed-business.
Exceptions Exception: (A) A licensed home improvement general contractor duly licensed by the department may work as a sub-contractor of another duly licensed home improvement general contractor also licensed by the department, in accordance with Section 4114.119.
(B) A licensed home improvement limited contractor duly licensed by the department, may work as a sub-contractor of another duly licensed home improvement limited contractor or of a duly licensed home improvement general contractor also licensed by the department, in accordance with Section 4114.119.
(C) A licensed sewer contractor duly licensed by the department may work as a sub-contractor of another duly licensed sewer contractor also licensed by the department, in accordance with Section 4114.119.
Section 22. That the existing Section 4114.531 of the Columbus city Codes, 1959, is hereby amended to read as follows:
4114.531 Assignment and issuance of a department-issued license to a business concern.
(A) A home improvement general or limited contractor's license and a sewer contractor's license shall be issued in the name of the individual who successfully met the qualifications and passed the examination or examinations as required by this chapter. However, said individual, at the time of applying for said department-issued license, or at any time thereafter, may assign, his or her rights to a license to a business concern with whom he or she is associated as a legal, 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, such license shall be issued in the name of said business concern, and said concern shall be known as the licensed-business. The individual applicant shall not be issued a license in his or her 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 has 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) The license-holder is responsible to immediately notify the licensing section of the department of any change of status of their department-issued license.
(C) In the event the individual named on the department-issued license becomes disassociated from the licensed-business, the license shall become null and void (90) calendar days after such disassociation, except where another license-holder becomes associated with the business concern and the business concern so notifies the department 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.
(D) In such event, a new department-issued license, setting forth the name of the new licensed individual, shall be issued to the licensed-business. A nonrefundable fee, as prescribed by the fee schedule, shall be required for the issuance of this new license within the same license year.
(E) There shall be a ninety (90) calendar day waiting period on the transfer of assignment of a license from one company to another No department-issued license-holder shall be named in any department-issued license to a business concern, who within ninety (90) calendar days immediately preceding to the filing of an application for a department-issued license shall have been the license-holder designated as the license-holder in the licensure of any business concern, 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.
(F) When a department-issued license is assigned to a business concern, all work carried on by the licensed-business shall be deemed to be carried on under the personal supervision of the person named in the department-issued license. Therefore, any violations of the terms of the department-issued license, or of this Building Code, shall be imputed to the department-issued license-holder named therein. The department-issued 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.
(G) No license-holder shall permit his or her department-issued license to be used in more than one business at any time. It shall be cause for revocation by the department 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, full-time officer, proprietor, partner, or employee of said business concern. No department-issued license-holder shall be entitled to be named in any department-issued license who shall have outstanding against them, as an individual, or as a full-time officer, proprietor, partner, or employee of a business concern, any suspension or revocation of another department-issued license or department registration. However, another qualified department-issued license-holder who is a full-time, proprietor, partner, or employee may be substituted upon proper application therefore.
Exception: The license of a journeyperson plumber shall not be assigned.
Section 23. That the existing Section 4114.533 of the Columbus city Codes, 1959, is hereby amended to read as follows:
4114.533 Elective suspension (escrow) of a department-issued license.
(A) A home improvement general or limited contractor, or sewer contractor, may place their department-issued 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 department-issued 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, the state of Ohio workers compensation coverage or city income tax division registration. Throughout the period of elective suspension (escrow), the license-holder shall not perform any work of a department-issued licensed contractor and no permits shall be issued to such license-holder.
(B) A journeyperson plumber may place his or her license in elective suspension (escrow) upon written request and payment of the fee as prescribed by the fee schedule for such placement, to the department's license section. The written request shall be submitted with his or her application for renewal or change of license status. The license-holder shall pay the fee as prescribed by the fee schedule for, and obtain a department-issued journeyperson plumber's license elective suspension (escrow) renewal each year as herein before regulated. For the duration of the elective suspension (escrow), the licensed individual shall not perform any work of a licensed journeyperson plumber.
(C) A home improvement general or limited contractor license, a sewer contractor, or a journeyperson plumber 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) or re-establish a license that is in employment escrow status in accordance with Section 4114.535 shall be sufficient cause for such license to become immediately canceled by the department without recourse. Reestablishment of a home improvement general or limited contractor license, a sewer contractor license, or a journeyperson plumber license shall be only accomplished by making a new application for such department-issued license with the department.
(D) 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 possessing the required bond, liability insurance, state of Ohio workers compensation coverage and proof of registration with the city income tax division, the elective suspension (escrow) status of a department-issued license shall be removed. Thereafter, the department-issued licensed-holder may perform the work of his or her licensed craft or trade as a department-licensed contractor and obtain permits, or work as a journeyperson plumber, as applicable.
Exception: A journeyperson plumber is exempt from the requirements of the bond, and liability insurance, State of Ohio worker's compensation coverage and proof of registration with the city income tax division, of paragraph (D) above.
Section 24. That existing Section 4114.537 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.537 Suspension and revocation of a department-issued license.
Upon receiving a complaint in writing, made by any person and subscribed to by such complainant, and sworn to affirmatively by the complainant before an officer of the
department or magistrate authorized to administer oaths, stating in substance facts indicating that a home improvement general or limited contractor, a sewer contractor, or a journeyperson plumber 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 secretary of the relevant board of review shall cause a copy of such complaint to be served by certified mail on such department-issued license-holder complained of. This notice shall also identify the board of review that will adjudicate the complaint, the location, time, and end date upon which such complaint will be heard by the board of review. The hearing by the board of review shall be at some time not later than sixty (60) calendar days after the filing of such complaint with the department.
Concurrently, the complainant shall also be notified as to the time, date, and place of the hearing.
At the time, place, and date mentioned in such notices, the relevant board of review shall hear the testimony of such complainant, and of the license holder complained against, relative to the matters set forth in such written complaint, and also the testimony of any person(s) having knowledge of the facts and brought before such board as a witness(s). All such testimony shall be heard under the oath or affirmation of the person(s) testifying. The board of review shall have the power to adjourn or continue such hearings or to change the place thereof as the circumstances of the particular case may require.
The board of review shall determine the truth or falsity of the matters charged in the complaint after hearing the testimony upon such complaint. In addition, the board of review shall also determine whether any violation of the terms and conditions under which the department-issued license was issued to the license-holder complained of has occurred. If the board of review determines that 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, the board of review shall forthwith dismiss such complaint.
If, however, it was ascertained 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 department-issued 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 department-issued license for a period of one (1) calendar 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 cause was stated. The penalty to be attached in each case shall be at the discretion of the board of review and within up to the limits prescribed herein. Any license-holder that shall have twice previously been found guilty of violation of the terms and conditions of his or her department-issued license shall have such license revoked, if found guilty on a third or later complaint.
The secretary of the relevant 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 was made concerning the complaint filed against the license-holder.
The decision of the relevant board of review concerning a revocation or suspension of a department-issued license shall be appealed to the Columbus building commission pursuant to Chapter 4107. Such an appeal shall be limited to the record created during the proceeding before the applicable board of review. An appeal before the building commission pursuant to Chapter 4107 shall not be a trial de novo. Such an appeal to the Columbus building 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, or journeyperson plumber. The department shall not issue a permit to a department-issued licensed contractor while under revocation or suspension.
Section 25. That existing Section 4114.701 of the Columbus City Codes, 1959, is hereby amended to read as follows:
Ohio Construction Industry Examining Licensing Board
(OCIEB OCILB)
Licensed Specialty Contractor
Department Registration - Requirements and Provisions
4114.701 Applicability for OCIEB OCILB licensed specialty contractor registration.
(A) Invalidation of Specific Department-Issued Contractor Licenses. Effective with the close of the business day for the department on September 16, 2001, all contractor licenses that originated from the department for electrical contractor, warm air heating and ventilation contractor (HVAC), steam and hot water (hydronics) contractor, plumbing contractor, and refrigeration contractor shall become void.
(B) Subsequently, such specific licenses are no longer acceptable for any purpose of licensure, or renewal, or registration, or for obtaining any permit within the corporation limits from the department.
Exception: Electrical, plumbing, heating-ventilating and air conditioning contractors (HVAC), refrigeration and steam and hot water (hydronics) contractors that have a current and valid license issued by the department on September 17, 2001, shall be allowed to continue to obtain permits for their specific department-licensed trade or craft until the expiration of such current department-issued license. Thereafter, permits for such trade or craft shall only be issued to an OCIEB licensed specialty contractor duly registered with the department.
(C) Consequently, effective with the start of the business day for the department on September 17, 2001, and pursuant to Section 4740.13 of the Ohio Revised Code, the following shall become effective:
(1) Within the corporation limits, no person shall act as or claim to be a heating-ventilating-air conditioning contractor, refrigeration contractor, plumbing contractor, electrical contractor, or hydronics contractor unless that person holds or has been assigned a an Ohio Construction Industry Examining Licensing Board (OCIEB OCILB) specialty contractor's contractors license pursuant to Chapter 4701 of the Ohio Revised Code (ORC) for the type of contractor that person is acting as or claiming to be. In addition, any person engaged in, or wanting to be engaged in, any of the specific contractor types listed above shall have a current, valid OCIEB OCILB specialty contractor license and be duly registered with the department in order to apply for and obtain permits to perform do work of their specific OCIEB OCILB licensed craft or trade.
(2) Effective September 17, 2001, any reference in this Building Code to electrical contractor, warm air heating and ventilating contractor (HVAC), steam and hot water (hydronics) contractor, plumbing contractor, and refrigeration contractor shall mean a OCIEB licensed specialty contractor in such specific craft or trade duly registered with the department.
(D) Columbus Building Code Sections, but not limited to, C.C. 4114.701, to and including C.C. 4114.727, are applicable to Ohio Construction Industry Examining Board (OCIEB) licensed specialty contractor registration as issued by the department.
Section 26. That the existing Section 4114.703 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.703 Issuance of an OCIEB OCILB licensed specialty contractor registration.
(A) Only upon the submission of a complete application for an OCIEB OCILB licensed specialty contractor registration, shall the department immediately issue to such applicant an OCIEB OCILB licensed specialty contractor registration. The expiration of an OCIEB OCILB licensed specialty contractor registration shall coincide with the specialty license issued by the OCIEB OCILB.
(B) The continued validity or renewal of an OCIEB OCILB licensed specialty contractor registration is dependent upon the continued maintenance of all the following:
(1) A current, valid OCIEB OCILB specialty contractor license and its required liability insurance coverage; and
(2) The required city bond; . and
(3) State of Ohio workers compensation coverage; and
(4) An account in good standing with the city income tax division.
Section 27. That the existing Section 4114.705 of the Columbus city codes, 1959, is hereby amended to read as follows:
4114.705 Application for registration as an OCIEB OCILB licensed specialty contractor.
(A) Any person desiring to be an OCIEB OCILB licensed specialty contractor shall apply to the department for such registration on a form prescribed therefor, together with the nonrefundable fee required by the fee schedule. If no fee has been specifically provided, then the applicant shall pay the general fee prescribed for newly initiated areas of regulation that year.
(B) The OCIEB OCILB licensed specialty contractor registrations with the department are as follows:
(1) Electrical contractor;
(2) Heating, ventilating and air-conditioning (HVAC) contractor;
(3) Hydronics (steam and hot water) contractor;
(4) Plumbing contractor; and/or
(5) Refrigeration contractor.
(C) Registration as a licensed specialty contractor with the department requires a current, valid specialty contractor license issued by the Ohio Construction Industry Examining Licensing Board (OCIEB OCILB) in the specific category of registration listed above for which the application is being made.
(D) An application for an OCIEB OCILB licensed specialty contractor registration shall be confirmed and signed under oath by the applicant. The licensing section of the department shall process the application for an OCIEB OCILB specialty contractor registration.
(E) The OCIEB OCILB licensed specialty contractor registration application shall contain the following information:
(1) Name of the applicant;
(2) Name of the business entity to be registered by the applicant;
(3) Current residence and business address(es) addresses of the applicant;
(4) Current residence and business telephone number(s) numbers of the applicant;
(5) Copy of OCIEB an OCILB specialty contractor license (shall be verified by the presentation of a valid and original OCIEB OCILB license to the department license section at the time application is made);
(6) OCIEB liability insurance policy number;
(7) OCIEB liability insurance expiration date;
(8) Name, address and telephone number of the OCIEB liability insurance provider;
(9) Business name(s) and date(s) of previous OCIEB OCILB licensed specialty contractor registrations with the department, if any; and
(7) (10) Other information deemed necessary by the department.
Section 28. That the existing Section 4114.707 of the Columbus City Codes, 1959, is herby amended to read as follows:
4114.707 Bond requirement for a department- issued OCIEB OCILB licensed specialty contractor registration.
(A) Before the department issues an OCIEB OCILB licensed specialty contractor registration under the provisions of this chapter, and prior to each renewal thereof, each registered licensed specialty contractor shall, in a manner prescribed
by the department, give a bond, which shall be maintained in good standing at all times thereafter, to the department. A department-issued OCIEB OCILB licensed specialty contractor registration shall not be issued or renewed without meeting this bond requirement.
(B) The bond required of an OCIEB OCILB registered licensed specialty contractor by the department shall be of not less than twenty-five fifteen thousand dollars ($25,000.00) ($15,000.00). The bond shall have good and sufficient surety approved by the department. The bond shall be on a form as prescribed by the department.
(C) 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.
(D) Such bond shall provide for
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ty property in the course of performance of work.
(E) Failure to maintain such bond in good standing shall be immediate cause for suspension by the department of the OCIEB OCILB licensed specialty contractor registration.
(F) The individual named on the OCIEB OCILB licensed specialty contractor license shall sign the bond submitted for a registered OCIEB OCILB licensed specialty contractor registration or the renewal thereof.
(G) When a registered OCIEB OCILB licensed specialty contractor has more than one (1) such registration, or other department-issued license or contractor registration, one (1) twenty-five fifteen thousand dollar ($25,000.00) ($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.
Section 29. That the existing Section 4114.709 of the Columbus city codes, 1959, is hereby amended to read as follows:
4114.709 Insurance coverage requirement for a department-issued OCIEB OCILB licensed specialty contractor registration
(A) Before the department issues an OCIEB licensed specialty contractor a registration under the provisions of this chapter, and prior to each renewal thereof, each registered licensed specialty contractor shall, in a manner as prescribed by the department, provide proof of current, valid liability insurance coverage, which shall be maintained at all times thereafter, to the department. A department-issued OCIEB licensed specialty contractor registration shall not be issued or renewed without meeting this insurance coverage requirement.
(B) The liability insurance required by the department for registration as an OCIEB licensed specialty contractor shall be in accordance with Section 4740.06 of the Ohio Revised Code (ORC)
(C) Failure to maintain such liability insurance coverage in good standing as required by the state license shall be cause for immediate suspension by the department of the OCIEB OCILB licensed specialty contractor registration.
Section 30. That the existing Section 4114.711 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.711 Workers compensation coverage requirement for a department-issued OCIEB licensed specialty contractor registration.
(A) Before the department issues a OCIEB licensed specialty contractor registration under the rovisions of this chapter, and prior to each renewal thereof, each registered licensed specialty contractor shall, in a manner prescribed by the department, provide proof to the department of current worer cmpnstion coverage, which shall be maintained in good standing at all times thereafter. A department-issued OCIEB licensed specialty contractor registration shall not be issued or renewed without meeting this workers compensation coverage requirement.
(B) The workers compensation coverage shall be by the state of Ohio in the name of the registered licensed specialty contractor and shall cover the employees thereof already engaged, or to be engaged, in the work covered by such contractor registration.
(C) Failure of the registrant to maintain such workers compensation coverage in good standing shall be cause for immediate suspension by the department of the OCIEB licensed specialty contractor registration. No proof of worker's compensation coverage shall be required of the holder of a department-issued OCILB licensed specialty contractor registration.
Section 31. That the existing Section 4114.713 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.713 City income tax division registration required for a department-issued OCIEB licensed specialty contractor registration.
(A) Before the department issues an OCIEB licensed specialty contractor registration under the provisions of this chapter, and prior to each renewal thereof, each registered licensed specialty contractor shall register with the income tax division of the city of Columbus auditor's office. Relevant proof of such registration shall, in a manner prescribed by the department, be provided to the department. A department-issued OCIEB licensed specialty contractor registration shall not be issued or renewed without meeting this city income tax division registration requirement.
(B) Failure to maintain an account in good standing with the income tax division of the city of Columbus shall be cause for immediate suspension by the department of the OCIEB licensed specialty contractor department registration. The determination of an account in good standing shall be by the income tax division of the city of Columbus auditor's office. All applicants for a department-issued OCILB licensed specialty contractor registration shall adhere to all city tax regulations.
Section 32. That the existing Section 4114.715 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.715 Fees for a department-issued OCIEB OCILB licensed specialty contractor registration.
(A) A fee, as established by the fee schedule, shall be charged for each of the following conditions:
(1) The registration of; and,
(2) The renewal of an OCIEB OCILB licensed specialty contractor registration. All such fees for an OCIEB OCILB licensed specialty contractor registration are nonrefundable.
(B) For accelerated processing, the fee shall be equal to that prescribed by the fee schedule.
(C) For licenses that due to the prescribed expiration time frames would last longer than one year, the fee as prescribed in the fee schedule shall be prorated on a monthly basis for the period that exceeds the initial twelve months.
(D) 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 33. That the existing Section 4114.717 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.717 Registered OCIEB OCILB licensed specialty contractor number.
The department shall issue a unique number for each OCIEB OCILB licensed specialty contractor registered with the department who shall exclusively retain the use of such number. Annually thereafter, such licensed specialty contractor registration shall be renewed bearing the same number.
Section 34. That the existing Section 4114.719 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.719 Expiration and renewal of an OCIEB OCILB licensed contractor registration.
(A) The provisions of this section for expiration and renewal shall apply only to an OCIEB OCILB licensed specialty contractor registration issued by the department.
(B) A licensed specialty contractor registration that emanated from an Ohio Construction Industry Examining Licensing Board (OCIEB OCILB) specialty contractor license shall expire concurrently with the expiration date of such OCIEB OCILB issued license. The OCIEB OCILB licensed specialty contractor registration may only be renewed upon presentation of a current, valid specialty contractor license conforming to the requirements of this chapter for such renewal.
(C) An OCIEB OCILB licensed specialty contractor registration may be renewed at any time during the ninety (90) calendar days prior to its expiration date. However, such early renewal shall comply with all the requirements for such renewal.
(D) A bond submitted for an OCIEB OCILB licensed specialty registration or a registration renewal shall be signed by the individual who has qualified for the OCIEB OCILB specialty contractor registration.
(E) A person whose OCIEB OCILB licensed specialty contractor registration has expired shall not perform any work governed by this code until a renewal of the OCIEB OCILB licensed specialty contractor registration by the department is issued, nor shall the department issue a permit to a registrant with an expired licensed specialty contractor registration.
(F) An OCIEB OCILB licensed specialty contractor registration holder, which fails to correct work that does not comply with this code, shall be denied the renewal of his or her OCIEB OCILB licensed specialty contractor registration until compliance with this code shall have been secured.
Section 35. That the existing Section 4114.721 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.721 Transfer of an OCIEB OCILB licensed specialty contractor registration.
No OCIEB OCILB licensed specialty contractor registration is transferable. No holder of a department-issued OCIEB OCILB licensed specialty contractor registration issued in accordance with this chapter shall allow his or her name to be used by any other person either for performing doing work or for obtaining a permit. No OCIEB OCILB licensed specialty contractor registration holder shall allow any person to perform do work under the authority of a permit granted to the registration holder unless such other person is either a direct employee or a legally leased tradesperson, which is under the direct supervision of the registration holder.
Exception: A registered OCIEB OCILB licensed specialty contractor of a specific trade or craft, duly registered with the department, may work as a sub-contractor subcontractor of another duly registered OCIEB OCILB licensed specialty contractor also registered with the department of the same specific trade or craft in accordance with Section 4114.119.
Section 36. That the existing Section 4114.723 of the Columbus city Codes, 1959, is hereby amended to read as follows:
4114.723 Assignment and issuance of an OCIEB OCILB licensed specialty contractor registration to a business concern.
(A) The registration of an OCIEB OCILB licensed specialty contractor shall not be assigned with the department. An OCIEB OCILB licensed specialty contractor registration shall only be issued in conformity to the OCIEB OCILB specialty contractor license submitted with the application. If any change or modifications to the OCIEB OCILB specialty contractor license are needed, they shall be made with the OCIEB OCILB prior to making an application for an OCIEB OCILB licensed specialty contractor registration with the department.
(B) The OCIEB OCILB licensed specialty contractor registration-holder is required to notify the department immediately of any change of status of his or her OCIEB OCILB specialty contractor license.
When a change is made to the OCIEB OCILB specialty contractor license with the Ohio Construction Industry Examining Licensing Board (OCIEB OCILB) subsequent to obtaining a licensed specialty contractor registration with the department, such change shall immediately invalidate the OCIEB OCILB licensed specialty contractor registration issued by the department to the OCIEB OCILB license-holder. In addition, if continued registration with the department is needed, it will require that an application be made for a new OCIEB OCILB licensed specialty contractor registration that will conform to the changes made in the OCIEB OCILB issued license so as to re-establish the OCIEB OCILB licensed specialty contractor registration with the department.
(C) All work carried on by an OCIEB OCILB specialty contractor shall be deemed to be carried on under the personal supervision of the person or persons named on the OCIEB OCILB specialty contractors license. Therefore, any violations of the terms of the department OCIEB OCILB licensed specialty contractor registration, or of this Building Code, shall be imputed to the person or persons named on the OCIEB OCILB specialty contractor issued license. The person or persons named on the OCIEB OCILB licensed specialty contractor license shall be readily available for consultation with the department within two (2) business days after notification.
Section 37. That the existing Section 4114.725 of the Columbus City Code is hereby amended to read as follows:
4114.725 Elective suspension (escrow) of an OCIEB OCILB licensed contractor registration.
An OCIEB OCILB licensed specialty contractor registration issued by the department shall not be placed in elective suspension (escrow) with the department.
Section 38. That the existing Section 4114.727 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.727 Suspension or revocation of OCIEB an OCILB licensed specialty contractor registration.
Upon receiving a complaint in writing made by any person and subscribed to by such complainant, and sworn to affirmatively by the complainant before an officer of the department or magistrate authorized to administer oaths, stating in substance facts indicating that an OCIEB OCILB licensed specialty contractor registration-holder shall have done any of the things hereinbefore mentioned which constitute cause for the suspension or revocation of their OCIEB OCILB licensed specialty contractor registration, the secretary of the relevant board of review shall cause a copy of such complaint to be served by certified mail on such OCIEB OCILB licensed specialty contractor registration-holder complained of. This notice shall also identify the relevant board of review that will adjudicate the complaint, the location, time, and date upon which such complaint will be heard by the board of review. The hearing by the board of review shall be at some time no later than sixty (60) calendar days after the filing of such complaint.
Concurrently, the complainant shall also be notified as to the time, date and place of hearing.
At the time, place and date mentioned in such notices, the relevant board of review shall hear the testimony of such complainant, and of the OCIEB OCILB licensed contractor registration-holder complained against, relative to the matters set forth in such written complaint, and also the testimony of any person(s) having knowledge of the facts and brought before such board of review as a witness(s). All such testimony shall be heard under the oath or affirmation of the persons testifying. The board of review shall have the power to adjourn, or continue, such hearings or to change the place thereof as the circumstances of the particular case may require.
The board of review shall determine the truth or falsity of the matters charged in the complaint after hearing the testimony upon such complaint. In addition, the board of review shall also determine whether any violation of the terms and conditions under which the registration was issued to the OCIEB OCILB licensed specialty contractor registration-holder complained of has occurred. If the board of review determines that such complaint is not true, or the testimony fails to show that any violation of the terms under which such registration was issued has been committed, the board of review shall forthwith dismiss such complaint.
If, however, it was ascertained 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 OCIEB OCILB licensed specialty contractor registration held by the licensed specialty contractor registration-holder. Any OCIEB OCILB licensed specialty contractor registration-holder whose registration shall be so revoked shall not be entitled to apply for the issuance of a new OCIEB OCILB licensed specialty contractor registration for a period of one (1) year after the date of such revocation, and not until such former registrant has corrected the cause for which such registration was revoked or suspended, if a specific cause was stated. The penalty to be attached in each case shall be at the discretion of the board of review and within up to the limits prescribed herein. Any OCIEB OCILB licensed specialty contractor registration-holder that shall have twice previously been found guilty of violation of the terms and conditions of their registration issued by the department shall have such OCIEB OCILB licensed specialty contractor registration revoked, if found guilty on a third or later complaint.
The secretary of the relevant 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 was made concerning the complaint filed against the registration-holder. In addition, the secretary of the board of review shall also notify the executive secretary of the Ohio Construction Industry Examining Licensing Board (OCIEB OCILB) in writing, by certified mail, within fifteen (15) calendar days after the final determination of the board of review's hearing was made concerning the complaint filed against the OCIEB OCILB licensed specialty contractor registration holder.
The decision of the relevant board of review concerning a revocation or suspension of an OCIEB OCILB licensed specialty contractor registration shall be appealed to the Columbus building commission pursuant to Chapter 4107. Such an appeal shall be limited to the record created during the proceeding before the applicable board of review. An appeal before the building commission pursuant to Chapter 4107 shall not be a trial de novo nova. Such an appeal to the Columbus building 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 registration-holder or registration-holder shall not perform any work of an OCIEB OCILB licensed registered contractor, and no permit shall be issued thereto by the department.
Section 39. That the existing Section 4114.901 of the Columbus City Codes. 1959, is hereby amended to read as follows:
4114.901 Applicability for registration for a demolition contractor, general contractor or fire alarm and detection equipment and/or fire protection company and the required registration of the individual certification associated therewith.
(A) Columbus Building Code Sections, but not limited to, C.C. 4114.901, to and including C.C. 4114.937, are applicable to the registrations issued by the department and required for the following:
(1) Demolition contractors;
(2) General contractors, pursuant to C.C. 4114.113;
(3) Fire alarm and detection equipment and/or fire protection companies; and/or
(4) Certified individuals providing scope of work validation for fire alarm and detection equipment and/or fire protection companies.
(B) The registration of certified individuals providing validation for such fire alarm and detection and/or fire protection companies is required and shall be a part of the application for registration as a fire alarm and detection and/or fire protection company with the department.
(C) The current policies and procedures of the department already established and used for the registration of certified fire alarm and detection equipment and/or fire protection company(s) shall continue to be enforced until June 30, 2002. Thereafter, the registration requirement for, and the issuance of, a fire alarm and detection equipment and/or fire protection company registration and the registration of the certified individuals providing the validation for such fire alarm and detection and/or fire protection companies as herein required shall become effective with the opening of the department's business on July 1, 2002.
Section 40. That the existing Section 4114.903 of the Columbus City Codes. 1959, is hereby amended to read as follows:
4114.903 Application for registration as a demolition contractor.
(A) Any person desiring to be a demolition contractor shall apply to the department for such registration on a form prescribed theref or therefor, together with the nonrefundable fee as required by the fee schedule. If no fee has been specifically provided, then the applicant shall pay the general fee prescribed for newly initiated areas of regulation that year.
(B) The applicant for demolition contractor registration 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; and
(3) Have a minimum of three (3) full years of experience in the demolition field immediately preceding date of application; and.
(4) Be of good moral character as defined herein.
(C) Determination of a Full Year. A "full year" of experience, where required in Section 4114.903(B)(3), shall be based on twelve (12) consecutive calendar months during which the applicant shall have been gainfully and verifiably employed for not less than sixteen hundred (1600) working hours performing doing the work of construction demolition.
(D) In determining the moral character of an applicant, the board of home improvement contractors may consider:
(1) A record of repeated violations of the Columbus Building Code or elsewhere;
(2) A record of repeated violations of other laws or ordinances regulating building construction or demolition in Columbus or elsewhere;
(3) A record of dishonest practices or malpractice in the conduct of a business, trade or profession.
E C) An application for registration as a demolition contractor shall be confirmed and signed under oath by the applicant. The application shall contain the following information:
(1) Name of the applicant;
(2) Name of business entity to be registered by the applicant;
(3) Date of birth;
(4) Current residence and business address(es) addresses of the applicant;
(5) Current residence and business telephone number(s) numbers of the applicant;
(6) Dates of previous registrations with the department, if any;
(7) Names of contractors, including their addresses and telephone numbers, with whom affiliated or by whom employed during the three (3) full years immediately preceding date of application; and
(8) Other information deemed necessary by the department.
(F D) The department's board of review of home improvement contractors shall review the application f or for a demolition contractor registration.
Section 41. That the existing Section 4114.904 of the Columbus City Codes, 1959, are hereby amended to read as follows:
4114.904 Application for and issuance of a general contractor registration.
(A) Any person desiring to be a registered general contractor shall apply to the department for such registration on a form prescribed therefor, together with the nonrefundable general contractor registration fee as required by the fee schedule. The department shall accept applications for general contractor registrations and such registrations shall be valid for an initial period of at least twelve (12) months.
(B) The applicant for a general contractor registration shall meet the following requirements:
(1) Be not less than eighteen (18) years of age; and
(2) Be a United States or national, a lawful permanent resident, or an alien authorized to work in the United States.
(C) An application for registration as a general contractor shall be confirmed and signed under oath by the applicant. The application shall contain the following information:
(1) Name ofthe of the applicant;
(2) Name of business entity to be registered by the applicant;
(3) Date of birth;
(4) Current residence and business address(es) addresses of the applicant;
(5) Current residence and business telephone number(s) numbers of the applicant;
(6) Dates of previous general contractor registrations with the department, if any; and
(7) Other information deemed necessary by the department.
(E D) The Department department's building services division's licensing section shall review and process the application for a general contractor registration.
(F E) Only upon the submission of a complete application for a general contractor registration, shall the department issue to such applicant a general contractor registration.
(G F) The continued validity or renewal of a general contractor registration is dependent upon the proof of and continued maintenance of all the following:
(1) Proof of current and valid liability insurance; and
(2) The required city bond; and.
(3) Proof of current and valid state of Ohio workers compensation coverage; and
(4) Proof of an account in good standing with the city income tax division.
(H) The current policies and procedures of the department already established and used for the issuance of a building permit for work in, or on, a building, structure or site governed by the OBC and the construction of new one (1), two (2) and three (3) family dwellings shall continue to be enforced until December 31, 2002. Thereafter, the requirement for general contractor registration before the issuance of a building permit for these types of general construction as herein described shall become effective with the opening of the department's business on January 2, 2003. The license section of the department shall begin accepting applications for general contractor registrations with the opening of the department's business on September 3, 2002, and such registrations shall be valid for an initial period of at least twelve (12) months but not more than eighteen (18) months.
Section 42. That the existing Section 4114.905 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.905 Certification for a demolition contractor registration.
(A) Registered Demolition Contractor Certification. After completing a review of the application for qualifications of an applicant for a demolition contractor registration, the Board of Review of General and Home Improvement Contractors board of review of home improvement contractors shall certify the name of the eligible applicant to the department, whereupon the department, within five (5) working days
shall, by
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gibility.
(B) The eligible applicant shall pay for and have completed the processing of the demolition contractor registration at the department within ninety (90) calendar days after notification that the Board of Review of General and Home Improvement Contractors board of review of home improvement contractors has certified him or her. Failure to complete the entire registration process within thirty (30) calendar days after notification by the department, shall create liability for payment of the late charge prescribed in the fee schedule; after ninety (90) calendar days the applicant's certification for a demolition contractor registration shall be voided.
Section 43. That the existing Section 4114.907 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.907 Issuance of a fire alarm and detection equipment and/or fire protection company registration.
(A) Only upon the submission of a complete application for a fire alarm and detection equipment and/or fire protection company registration, shall the department immediately issue to such applicant a fire alarm and detection and/or fire protection company registration. The expiration of a fire alarm and detection equipment and/or fire protection company registration shall coincide with the company certification issued by the Ohio Division of State Fire Marshal, Bureau of Licensing and Certification.
(B) The continued validity or renewal of a fire alarm and detection equipment and/or fire protection company registration is dependent upon the proof of and continued maintenance of all the following:
(1) A current, valid Ohio Division of State Fire Marshal company certification; and
(2) Proof of current and valid liability insurance or bonding coverage as required by the Ohio Division of State Fire Marshal, Bureau of Licensing and Certification; and
(3) The required city bond; and
(4) Proof of current and valid state of Ohio workers compensation coverage; and
(5) Proof of an account in good standing with the city income tax division.
Section 44. That the existing Section 4114.909 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.909 Application for registration as a fire alarm and detection and/or fire protection company.
(A) Any person desiring to be a fire alarm and detection equipment and/or fire protection company shall apply to the department for such registration on a form prescribed therefor, together with the nonrefundable fee required by the fee schedule. If no fee has been specifically provided, then the applicant shall pay the general fee prescribed for newly initiated areas of regulation that year.
(B) The department's registrations for a fire alarm and detection equipment and/or fire protection company are as follows:
(1) Automatic sprinkler and standpipe systems;
(2) Fire service mains;
(3) Fire pumps;
(4) Fire alarm and detection equipment;
(5) Household fire warning equipment only;
(6) Engineered extinguishing equipment (OTW); and/or
(7) Pre-engineered extinguishing equipment (OTW).
(C) The scope of work of a certified fire alarm and detection and/or fire protection company registered with the department is limited to those categories in Section 4114.909(B) for which current and valid proof of Ohio State Division of State Fire Marshal individual certification issued by the Bureau of Licensing and Certification is provided to the department.
Note: The current policies and procedures of the department already established and used for the registration of certified fire alarm and detection equipment and/or fire protection company(s) shall continue to be enforced until June 30, 2002. Thereafter, the requirement for, and the issuance of, a certified fire alarm detection and/or fire protection company registration as herein required shall become effective with the opening of the department's business on July 1, 2002.
(E) An application for registration as a fire alarm and detection and/or fire protection company shall be confirmed and signed under oath by the certified company applicant and all certified individuals tat provide a category validation of Section 4114.909(B) for the certified company. The application shall contain the following information:
(1) Name and company certification identification number of the cetifed ompny eing registered by the applicant;
(2) Name of the applicant who holds the Ohio Division of State Fire Marshal company certification issued by the Bureau of Licensing and Certification;
(3) The expiration date of the company certification;.
(4) The residence and business address(es) addresses of the applicant of the certified company who holds the Ohio Division of State Fire Marshal company certification issued by the Bureau of Licensing and Certification;
(5) The residence and business telephone number(s) numbers of the applicant of the certified company who holds the Ohio Division of State Fire Marshal company certification issued by the Bureau of Licensing and Certification;
(6) The names and certification types of all certified individuals that provide a category validation of Section 4114.909(B) for the certified company;
(7) The expiration date(s) of all certified individuals that provide a category validation of Section 4114.909(B) for the certified company;
(8) The residence and business address(es) addresses of all certified individuals that provide a category validation of Section 4114.909(B) who hold the Ohio Division of State Fire Marshal individual certification issued by the Bureau of Licensing and Certification;
(9) The residence and business telephone number(s) numbers of all the certified individuals that provide a category validation of Section 4114.909(B) who hold the Ohio Division of State Fire Marshal individual certification issued by the Bureau of Licensing and Certification;
(10) Business names and dates of previous certified company registrations with the department of the applicant, if any; and
(11) Other information deemed necessary by the department.
(F) The building and development services licensing section of the department shall review and process the application for a fire alarm and detection equipment and/or fire protection contractor registration.
Section 45. That the existing Section 4114.913 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.913 Bond requirement for a department-issued demolition contractor, general contractor, or fire alarm and detection equipment and/or fire protection company registration.
(A) Before the department issues either a demolition contractor registration, general contractor, or fire alarm and detection and/or fire protection company registration under the provisions of this chapter, and prior to each renewal thereof, each registered demolition contractor, general contractor, or fire alarm and detection equipment and/or fire protection company shall, in a manner prescribed by the department, give a bond, which shall be maintained at all times thereafter, to the department. A department-issued demolition contractor, general contractor or fire alarm and detection equipment and/or fire protection company registration shall not be issued or renewed without meeting this bond requirement.
(B) The bond required for a registered demolition contractor, general contractor or registered fire alarm and detection equipment and/or fire protection company by the department shall be of not less than twenty-five thousand dollars ($25,000.00) fifteen thousand dollars ($15,000.00). The bond shall have good and sufficient surety approved by the department. The bond shall be on a form prescribed by the department.
(C) 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.
(D) Such bond shall provide for payment to the city for damages to the city or city property in the course of performance of work.
(E) Failure to maintain such bond in good standing shall be cause for immediate suspension by the department of the contractor or company registration.
(F) The individual named on the registered demolition contractor or general contractor registration shall sign the bond submitted for a registered demolition contractor or general contractor registration or the renewal thereof, regardless of any assignment to a business concern
(G) The individual named on the Ohio Division of State Fire Marshal, Bureau of Licensing and Certification issued company certification making the application for a fire alarm and detection and/or fire protection company registration shall sign the bond submitted for a registered fire alarm and detection equipment and/or fire protection company registration or the renewal thereof.
(H) When a registered demolition contractor or fire alarm and detection equipment and/or fire protection company has more than one (1) such registration, or other department-issued license or contractor or company registration, one (1) twenty-five thousand dollar ($25,000.00) fifteen thousand dollar ($15,000.00) bond will be sufficient for all such licenses and registrations with the department during the same registration period.
Section 46. That the existing Section 4114.915 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.915 Insurance coverage requirement for a department-issued demolition contractor, general contractor, or a fire alarm and detection equipment and/or fire protection company registration.
(A) Demolition Contractor and General Contractor Registration. Before the department issues a demolition contractor or a general contractor registration under the provisions of this chapter, and prior to each renewal thereof, each registered demolition contractor or registered general contractor shall, in a manner prescribed by the department, provide proof of current, valid liability insurance coverage, which shall be maintained at all times thereafter, to the department. A department-issued demolition contractor registration or a general contractor registration shall not be issued or renewed without meeting this insurance coverage requirement.
(B) The liability insurance required for a registered demolition contractor or a registered general contractor by the department 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) Fire Alarm and Detection Equipment and/or Fire Protection Company Registration. Before the department issues a fire alarm and detection equipment and/or fire protection company registration under the provisions of this chapter, and prior to each renewal thereof, each registered fire alarm and detection equipment and/or fire protection company shall, in a manner prescribed by the department, provide proof of current, valid liability insurance required by the Ohio Division of State Fire Marshal, Bureau of Licensing and Certification. This required liability or bonding shall be maintained at all times thereafter. A department-issued fire alarm and detection equipment and/or fire protection company registration shall not be issued or renewed without meeting this insurance or bonding coverage requirement.
(D) Failure to maintain liability insurance coverage as required by the state license the coverage of Section 4114.915(B) or 4114.915(C), as applicable for the type of registration held, in good standing shall be cause for immediate suspension by the department of the contractor or company registration.
Section 47. That the existing Section 4114.917 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.917 Workers compensation coverage requirement for a department-issued demolition contractor, general contractor, or fire alarm and detection equipment and/or fire protection company registration.
(A) Before the department issues either a demolition contractor, general contractor or fire alarm and detection equipment and/or fire protection company registration under the provisions of this chapter, and prior to each renewal thereof, each registered demolition contractor, registered general contractor or fire alarm and detection and fire protection company shall, in a manner prescribed by the department, provide proof to the department of current workers compensation coverage, which shall be maintained in good standing at all times thereafter. A department-issued demolition contractor, general contractor or fire alarm and equipment and/or fire protection company registration shall not be issued or renewed without meeting this workers compensation coverage requirement.
(B) The workers compensation coverage shall be by the state of Ohio in the name of the registered contractor or company and shall cover the employees thereof already engaged, or to be engaged, in the work covered by such contractor or company registration.
(C) Failure to maintain such workers compensation coverage in good standing shall be cause for immediate suspension by the department of the contractor or company registration.
Section 48. That the existing Section 4114.919 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.919 City income tax division registration required for a department-issued demolition contractor, general contractor or fire alarm and equipment and/or fire protection company registration.
(A) Before the department issues either a demolition contractor, general contractor or fire alarm and detection equipment and/or fire protection company registration under the provisions of this chapter, and prior to each renewal thereof, each registered demolition contractor, registered general contractor or fire alarm and detection equipment and/or fire protection company shall register with the income tax division of the city of Columbus auditor's office. Relevant proof of such registration shall, in a manner prescribed by the department, be provided to the department. A department-issued demolition contractor, general contractor or fire alarm and detection equipment and/or fire protection company registration shall not be issued or renewed without meeting this city income tax division registration requirement.
(B) Failure to maintain an account in good standing with the income tax division of the city of Columbus shall be cause for immediate suspension by the department of the contractor or company registration. The determination of an account in good standing shall be by the income tax division of the city of Columbus auditor's office.
Section 49. That the existing Section 4114.921 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.921 Fees for demolition contractor, general contractor, fire alarm and detection equipment and/or fire protection company registration and certified individual registration.
(A) Demolition Contractor and/or General Contractor Registration. A fee, as established by the fee schedule, shall be charged for each of the following conditions:
(1) The application for; and,
(2) The registration of; and,
(3) The renewal of a demolition contractor registration and/or general contractor registration. All such fees are nonrefundable.
(B) Fire Alarm and Detection Equipment and/or Fire Protection Company Registration. A fee, as established by the fee schedule, shall be charged for each of the following conditions:
(1) The registration of; and,
(2) The renewal of a fire alarm and detection equipment and/or fire protection company registration. All such fees are nonrefundable.
(C) Certified Individual Registration. A fee, as established by the fee schedule, shall be charged for each of the following conditions:
(1) The registration of; and,
(2) The renewal of the certified individual registration that provides a category of validation of Section 4114.909(B) for a fire alarm and detection equipment and/or fire protection company registration. Each category of validation shall require a separate registration and a separate fee to be charged for it. All such fees are nonrefundable.
(D) In addition to the fees described in C.C. 4114.921(A), 4114.921(B) and 4114.921(C), there may be other fees stipulated by this code included in the fee schedule that pertain to a demolition contractor, general contractor, a fire alarm and detection equipment and/or fire protection company and a certified individual registration. All such fees are nonrefundable.
(E) For accelerated processing, the fee shall be equal to that prescribed by the fee schedule.
(F) For licenses that, due to the prescribed expiration time frames would last longer than one year, the fee as prescribed in the fee schedule shall be prorated on a monthly basis for the period that exceeds the initial twelve months.
(G) 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 50. That the existing Section 4114.925 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.925 Expiration and renewal of a demolition contractor and general contractor registration.
(A) The provisions of this section concerning expiration and renewal only apply to registered demolition contractor and registered general contractor registrations issued by the department.
(B) A demolition contractor registration and/or a general contractor registration shall expire at the end of the quarter designated for persons whose surnames 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 for a demolition contractor registration and/or a general contractor registration renewal shall be exempt from making a new application for a registration provided:
(a) The application for renewal is filed and the renewal process is completed within thirty (30) calendar days following the expiration of such contractor registration formerly held by the applicant; and
(b) Further if such former demolition contractor registration and/or general contractor registration has not been revoked for cause by the board of review of general and home improvement contractors.
(2) Failure to renew and/or not complete the renewal process of a demolition contractor registration 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 home improvement contractor's for consideration of reinstatement, if reinstatement is desired.
(3) The application to appear before the board of review of general and home improvement contractors contractor's for reinstatement shall be made within thirty-one (31) calendar days subsequent to the thirty (30) days following the expiration date of the demolition contractor registration. Thereafter, a demolition contractor registration may only be obtained by applying for a new demolition contractor registration with the department.
(4) An applicant's appearance before the board of review of general and home improvement contractors contractor's for consideration of reinstatement shall require the payment of the fee prescribed by the fee schedule.
(5) A demolition contractor's registration that has been reinstated by the board of review of general and home improvement contractors contractor's shall require the payment of the registration fee and the late fee as prescribed by the fee schedule for such reinstatement.
The demolition contractor registration reinstatement process shall be completed within thirty (30) calendar days from the date of the board's approval for reinstatement. The applicant's failure to complete the reinstatement process with the department's license section within the thirty (30) calendar days shall result in the loss of all fees already paid and the board's approval for reinstatement of a demolition contractor's registration shall be void. Thereafter, a demolition contractor's registration may only be obtained by applying for a new registration with the department.
(6) (3) Failure to renew and/or not complete the renewal process of a general contractor registration 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 make a new application with the department for such registration.
(C) A bond submitted for a demolition contractor registration and/or general contractor registration renewal shall be signed by the individual who has qualified for the registration, regardless of any assignment to a business concern.
(D) A demolition contractor registration and/or a general contractor contract registration may be renewed at any time during the ninety (90) calendar days prior to its expiration date; however, such early renewal shall comply with all the requirements for such renewal.
(E) A person whose contractor registration has expired shall not perform any work governed by this code until a renewal of the demolition contractor registration and/or the general contractor registration by the department is issued, nor shall the department issue a permit to a registrant with an expired demolition contractor registration or general contractor registration. A late fee as prescribed by the fee schedule shall be added to the renewal fee if the department, after the date of expiration of the contractor registration, receives the application for renewal.
(F) A registered demolition contractor, or his or her registered demolition contractor's contractor business and/or a registered general contractor or his or her registered business, which fails to correct work, which does not comply with this building code, shall be denied the renewal of his or her demolition contractor registration and/or general contrator contractor registration until compliance with this building code shall have been secured.
Section 51. That the existing Section 4114.933 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.933 Assignment and issuance of a demolition contractor, general contractor or fire alarm and detection equipment and/or fire protection company and of a certified individual registration to business concern.
(A) Demolition Contractor and General Contractor Registration. A demolition contractor's registration, and/or general contractor's registration, shall be issued in the name of the registrant who successfully met the qualifications as required by this chapter. However, said registrant, at the time of applying for such contractor registration, or at any time thereafter, may assign, his or her rights of a contractor registration to a business concern with whom he or she is associated as a legal, full-time officer, proprietor, partner, or employee. The registrant may designate that his or her contractor registration shall be issued in the name of said concern. In such event, such contractor registration shall be issued in the name of said business concern, and said concern shall be known as the registered business. The registrant shall not be issued a contractor registration in his or her own name during the period he or she is associated with said business concern. In such event, the contractor registration shall state on its face the name and position in the business concern of the registrant who has qualified for the contractor registration under the terms of this chapter. No registrant may be named on more than one (1) contractor registration at the same time.
The demolition contractor and/or general contractor registration-holder is required to notify the department immediately of any change of status of his or her contractor registration.
In the event the demolition contractor and/or general contractor registrant named on the contractor registration disassociates him or herself from the registered-business, the contractor registration shall become null and void ninety (90) calendar days after such disassociation, unless another demolition contractor or general contractor registration-holder becomes associated with the business concern. This new registration-holder shall immediately notify the department in writing of his or her association with the business concern and shall immediately assign his or her registration to the business concern. During this ninety (90) calendar day period, the work on existing permits may be followed through to completion, but no new work shall be commenced.
In such event, a new contractor registration, setting forth the name of the new registrant, shall be issued to the registered-business. A nonrefundable fee, as prescribed by the fee schedule, shall be required for the issuance of this new registration within the same registration year.
There shall be a ninety (90) calendar day waiting period on the transfer of assignment of a license from one company to another No demolition contractor and/or general contractor registration-holder shall be named in any contractor registration to a business concern, who within ninety (90) calendar days immediately preceding to the filing of an application for a contractor registration shall have been the registrant designated as the contractor registration-holder in the registration of any business concern, unless it had been in the demolition contractor registration or general contractor registration of the registrant him or herself.
Exception: Upon presentation of satisfactory evidence of whichever of the following conditions having occurred that caused the termination of the currently registered-business, the ninety (90) day period may be waived by the chief building official because of:
(1) Closure of the registered-business because of Chapter 7 bankruptcy;
(2) Dissolution of the registered-business that is a corporation, limited liability partnership (LLP), or a limited liability corporation (LLC) that was filed and properly recorded with the Secretary of State of Ohio; or
(3) Merger or consolidation of the registered-business with a corp
break5
a limited liability corporations (LLC) that are filed and properly recorded 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.
When a demolition contractor registration and/or a general contractor registration is assigned to a business concern, all work carried on by the registered-business shall be deemed to be carried on under the personal supervision of the registrant named in the demolition contractor registration or general contractor registration. Therefore, any violations of the terms of the contractor registration or of this Building Code shall be imputed to the registrant named therein. The demolition contractor registration-holder and/or the general contractor registration-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.
No demolition contractor and/or general contractor registration-holder shall permit his or her contractor registration to be used in more than one (1) business at any time. It shall be cause for revocation by the department of the contractor registration issued to a business concern if it shall be shown that the registrant is not, or is no longer, a legal, full-time officer, proprietor, partner or employee of said registered business concern. No demolition contractor registrant and/or general contractor registrant shall be entitled to be named in any contractor registration who shall have outstanding against them, as an individual, or as a full-time officer, proprietor, partner, or employee of a business concern, any suspension or revocation of another contractor registration or department license. However, another qualified demolition contractor and/or general contractor registration-holder who is a full-time, proprietor, partner or employee may be substituted upon proper application after payment of a non-refundable fee as prescribed in the fee schedule.
(B) Fire Alarm and Detection Equipment and/or Fire Protection Company. The registration of a fire alarm and detection equipment and/or fire protection company may not be assigned with the department. A fire alarm and detection equipment and/or fire protection company registration shall only be issued in conformity to the Ohio Division of State Fire Marshal, Bureau of Licensing and Certification issued company certification submitted with the application. If any change or modifications to the fire alarm and detection equipment and/or fire protection company certification are needed, they shall be made with the state of Ohio Division of State Fire Marshal, Bureau of Licensing and Certification prior to making an application for a fire alarm and detection equipment and/or fire protection company registration with the department.
The fire alarm and detection equipment and/or fire protection company registration-holder is required to notify the department immediately of any change of status of his or her Ohio Division of State Fire Marshal fire issued company certification.
When a change is made to the Ohio Division of State Fire Marshal issued company certification with the issuing agency subsequent to obtaining a fire alarm and detection equipment and/or fire protection company registration with the department, such change shall immediately invalidate the fire alarm and detection equipment and/or fire protection company registration issued by the department to the Ohio Division of State Fire Marshal company certification-holder. In addition, if continued registration with the department is needed, it will require that an application be made and payment of a non-refundable fee as prescribed in the fee schedule for a new fire alarm and detection equipment and/or fire protection company registration that will conform to the changes made in the Ohio Division of State Fire Marshall issued company certification so as to re-establish the Ohio Division of State Fire Marshal fire alarm and detection equipment and/or fire protection company registration with the department.
All work carried on by a registered fire alarm and detection equipment and/or fire protection company shall be deemed to be carried on under the personal supervision of the person named on the Ohio Division of State Fire Marshal issued company certification and the applicable registered certified individual(s) providing the validation of the category of work in Section 4114.909(B). Therefore, any violations of the terms of a department-issued fire alarm and detection equipment and/or fire protection company registration, or of this Building Code, shall be imputed to the person(s) named on the Division of State Fire Marshal, Bureau of Licensing and Certification company certification and the applicable registered certified individual(s) providing the validation of the category of work in Section 4114.909(B). The person(s) named on the Ohio Division of State Fire Marshal company certification and certified individuals shall be readily available for consultation with the department within two (2) business days after notification.
(C) Fire Alarm and Detection Equipment and/or Fire Protection Certified Individual Assignment. Upon notification of the department's license section, the registration of a certified individual that provides a category of validation of C.C. 4114.909(B) for a department-registered fire alarm and detection equipment and/or fire protection company may be transferred to another such company duly registered with the department. However, such reassignment shall only occur after a completed application on a form prescribed by the department and the payment of a nonrefundable fee as prescribed by the fee schedule has been received and processed by the department license section.
Section 52. That the existing Section 4114.935 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.935 Elective suspension (escrow) of a demolition contractor, general contractor or fire alarm and detection equipment and/or fire protection company registration.
(A) Registered Demolition Contractor. A registered demolition contractor may place their contractor registration 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 their application for the immediate establishment of the elective suspension (escrow) status or to occur in lieu of their demolition contractor registration renewal. Th registrant shall pay the fee as prescribed by the fee schedule and obtain a demolition contractor elective suspension (escrow) registration renewal each year as herein before regulated. During the period of the elective suspnsio (esrow)the egistration-holder shall not be required to obtain or furnish the required bond, and liability insurance, the state of Ohio workers compensation coverage or city income tax division registration. Throughout the period of elective suspension (escrow), the registrant shall not perform any work of a registered demolition contractor and no permits shall be issued to such registrant.
(B) A demolition contractor registration may be placed in elective suspension (escrow) indefinitely. However, such registration shall be renewed each year by payment of the fee prescribed by the fee schedule for such renewal. Failure to renew a demolition contractor registration that is in elective suspension (escrow) shall be sufficient cause for such demolition contractor registration to become immediately canceled by the department without recourse. Re-establishment of a demolition contractor registration shall only be accomplished by making a new application for such department-issued registration with the department after payment of a non-refundable fee as prescribed in the fee schedule.
(C) Upon written notification to the department's license section and paying the fee as prescribed in the fee schedule, and providing evidence of possessing the required bond, and liability insurance, state of Ohio workers compensation coverage and proof of registration with the city income tax division, the elective suspension (escrow) shall be removed. Thereafter, the individual registered as a demolition contractor may perform the work of a registered demolition contractor and obtain permits.
(D) Registered general contractor. A general contractor registration issued by the department shall not be placed in elective suspension (escrow) with the department.
(E) Registered fire alarm and detection equipment and/or fire protection company. A registered fire alarm and detection equipment and/or fire protection company registration issued by the department shall not be placed in elective suspension (escrow) with the department.
Section 53. That the existing Section 4114.937 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4114.937 Suspension and revocation of a demolition contractor, general contractor, or fire alarm and detection equipment and/or fire protection company registration.
Upon receiving a complaint in writing, made by any person and subscribed to by such complainant, and sworn to affirmatively by the complainant before an officer of the department or magistrate authorized to administer oaths, stating in substance facts indicating that a registered demolition contractor, registered general contractor, or registered fire alarm and detection equipment and/or fire protection company shall have done any of the things herein before hereinbefore mentioned which constitute cause for the suspension or revocation of his or her contractor or company registration, the secretary of the relevant board of review shall cause a copy of such complaint to be served by certified mail on such registration-holder complained of. This notice shall also identify the board of review that will adjudicate the complaint, the location, time, and date upon which such complaint will be heard by the board of review. The hearing by the board of review shall be at some time not later than sixty (60) calendar days after the filing of such complaint with the department.
Concurrently, the complainant shall also be notified as to the time, date and place of the hearing.
At the time, place, and date mentioned in such notices, the relevant board of review shall hear the testimony of such complainant, and of the registration-holder complained against, relative to the matters set forth in such written complaint, and also the testimony of any person(s) having knowledge of the facts and brought before such board as a witness(s). All such testimony shall be heard under the oath or affirmation of the persons testifying. The board of review shall have the power to adjourn, or continue, such hearings or to change the place thereof as the circumstances of the particular case may require.
The board of review shall determine the truth or falsity of the matters charged in the complaint after hearing the testimony upon such complaint. In addition, the board of review shall also determine whether any violation of the terms and conditions under which the registration was issued to the registration-holder complained of has occurred. If the board of review determines that such complaint is not true, or the testimony fails to show that any violation of the terms under which such registration was issued has been committed, the board of review shall forthwith dismiss such complaint.
If, however, it was ascertained 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 registration held by the registration-holder. Any registration-holder whose registration shall be so revoked shall not be entitled to apply for the issuance of a new registration for a period of one (1) calendar year after the date of such revocation, and not until such former registration-holder has corrected the cause, for which such registration was revoked or suspended, if a specific cause was stated. The penalty attached in each case shall be at the discretion of the board of review and up to within the limits prescribed herein. Any registration-holder that shall have twice previously been found guilty of violation of the terms and conditions of his or her registration shall have such registration revoked, if found guilty on a third or later complaint.
The secretary of the relevant 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 was made concerning the complaint filed against the registration-holder.
The decision of the relevant board of review concerning a revocation or suspension of the registration of a demolition contractor or fire alarm and detection equipment and/or fire protection company registration-holder shall be appealed to the Columbus building commission pursuant to Chapter 4107. Such an appeal shall be limited to the record created during the proceeding before the applicable board of review or the department's licensing section as applicable. An appeal before the building commission pursuant to Chapter 4107 shall not be a trial de novo. Such an appeal to the Columbus building commission shall be filed within thirty-one (31) calendar days from the date the board of review or the department's licensing section, as applicable, made its determination.
Following revocation, or during any period of suspension, such former registration-holder or registration-holder shall not perform any work of a registered contractor or company, and no permit shall be issued thereto by the department.
Section 54. That this ordinance shall take effect and be in force from and after the earliest period provided by law.