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G47-01 CITY OF ELGIN ORDINANCE NO. G47-01 AN ORDINANCE CREATING CHAPTER 16.02 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "REGISTRATION REQUIREMENTS FOR CONTRACTORS" PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 11TH DAY OF JULY 2001 Published in parnphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 16th day of July 2001. STATE OF ILLINOIS ) ) ss. COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on July 11, 2001, the Corporate Authorities of such municipality passed and approved Ordinance No. G47-01, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G47-01, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on July 16, 2001, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on July 16, 2001. Municipal Clerk (SEAL) Ordinance No. G47-01 AN ORDINANCE CREATING CHAPTER 16.02 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "REGISTRATION REQUIREMENTS FOR CONTRACTORS" WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to create Chapter 16.02 of the Elgin Municipal Code to provide for the regulation and licensing of contractors; and WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII, Section 6A of the 1970 Constitution of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the registration and regulation of contractors conducting business within the city are matters pertaining to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 16.02 of the Elgin Municipal Code, 1976, as amended, entitled "Registration Requirements for Contractors"be and is hereby created to read as follows: "CHAPTER 16.02 REGISTRATION REQUIREMENTS FOR CONTRACTORS 16.02.010 CONTRACTOR—DEFINED—EXCEPTIONS—REGISTRATION REQUIRED. A. "Contractor" means any person, firm, partnership or corporation engaged in the business of constructing, building, fixing, altering, replacing, converting, modernizing, or improving any real property, including but not limited to the installation, replacement or improvement of driveways, swimming pools,porches, kitchens, bathrooms, basements, chimneys, chimney liners, garages, fences, central air conditioning, central heating, boilers furnaces, hot water heaters, electrical wiring, sewers, plumbing fixtures, storm doors, storm windows, roofs, awnings and other improvements to structures. B. "Contractor" shall not include the sale, installation, cleaning or repair of carpets; the sale of goods or materials by a merchant who does not directly or through a 1 subsidiary perform any work or labor in connection with the installation or application of the goods and materials; the repair, installation, replacement or connection of any home appliance including but not limited to disposal, refrigerators, ranges, garage door openers, television antennas, washing machines, telephones or other appliances when the persons replacing, installing or connecting such home appliances are employees or agents of the merchant that sold the home appliance; television repair; or landscaping. C. No person firm, partnership or corporation shall perform work as a contractor in the city without first having annually registered pursuant to this chapter and without first having obtained any license that may be required by law, provided, however, that persons performing work as a contractor on their owner property and individuals who are employees of persons licensed under this chapter when they are working within the scope of their employment shall not be required register. D. The term of the annual registration required in accordance with this chapter shall be January 1 through December 31 of the same calendar year. 16.02.020 REGISTRATION—FEE. The annual fee for a contractor's registration shall be as set forth in Chapter 16.48 of this code. 16.02.030 REGISTRATION APPLICATION. An application to register as a contractor shall be made in writing on a form provided by the rcommunity development manager or designee and signed and sworn to by the applicant or, if the applicant is a corporation, by its duly authorized agent. Each application shall contain: A. The full name, residence and business address and the business telephone number of the applicant. B. When the applicant is a corporation, the application shall include the corporate name and business telephone number of the principal office or place of business of the applicant; the date and state of incorporation, and; the names, residence addresses and residence telephone numbers of the corporate officers and its registered agent. C. When the applicant is a partnership, the application shall include the name and business address and telephone number of the principal office or place of business of the applicant; the names, residence addresses and residence telephone numbers of all partners. D. A statement specifying the type of contractor for which the registration is being made. E. A statement listing the name and address of the principal business location from which the applicant has worked as contractor at any time in the last five years. 16.02.040 ELECTRICAL CONTRACTORS ADDITIONAL REGISTRATION REQUIREMENTS An applicant seeking to register as an electrical contractor shall, in addition to the registration requirements applicable to all contractors, comply with each of the following provisions: 2 A. Licensing. Furnish proof of being registered or licensed by an Illinois municipality administering tests consistent with the standards set forth in the National Electrical Code. 1. Applicants that are not registered or licensed by an Illinois municipality administering tests consistent with the standards set forth in the National Electrical Code may submit to a written examination by the city's Electrical Committee. Applicants shall be eligible for such examination after submitting a completed application for such an examination and paying a non-refundable fee of$50.00. 2. Upon passing the written examination, the city's Electrical Committee shall transmit the applicant's examination results to the Department of Code Administration and Development Services. Applicants failing to pass the written examination may apply for reexamination after the expiration of two (2) months and upon payment of another non-refundable examination fee. B. Annual Fee. Pay an annual registration fee of$25.00. The annual registration fee for contractors as provided in Section 16.02.020 of this chapter shall not apply to any applicant registering as an electrical contractor. C. Contractor's Bond. File with the community development manager or designee an indemnifying bond with good and sufficient sureties in the penal sum of$20,000.00, such bond being payable to the City of Elgin, for the use of any persons with whom such applicant shall thereafter contract to do work, to indemnify any such person for damages sustained on account of the failure of such applicant to perform the work contracted for, in accordance with the provisions and requirements of the city relating to the installation of electrical work with necessary appurtenances thereto. Each registered electrical contractor shall maintain the indemnifying bond required under this section during the annual registration term provided in this chapter. 16.02.050 PLUMBING CONTRACTORS ADDITIONAL REGISTRATION REQUIREMENTS An applicant seeking to register as a plumbing contractor shall, in addition to the registration requirements applicable to all contractors, comply with each of the following provisions: A. Licensing. Furnish proof of a valid State of Illinois Plumbing License. When the applicant is a partnership or corporation, not less than one partner in the case of a partnership, nor less than one officer in the case of a corporation, shall furnish proof of a valid Illinois State Plumbing License. B. Annual Fee. Pay an annual registration fee of$25.00. The annual registration fee for contractors as provided in Section 16.02.020 of this chapter shall not apply to any applicant registering as an electrical contractor. 3 C. Contractor's Bond. File with the community development manager or designee an indemnifying bond with good and sufficient sureties in the penal sum of$20,000.00, such bond being payable to the City of Elgin, for the use of any persons with whom such applicant shall thereafter contract to do work, to indemnify any such person for damages sustained on account of the failure of such applicant to perform the work contracted for, in accordance with the provisions and requirements of the city relating to the installation of electrical work with necessary appurtenances thereto. Each registered plumbing contractor shall maintain the indemnifying bond required under this section during the annual registration term provided in this chapter. 16.02.060 WARM AIR HEATING (HVAC) CONTRACTORS—ADDITIONAL REGISTRATION REQUIREMENTS For the purposes of this chapter, a"warm air heating contractor"means any person, employee or officer of a firm or corporation engaged in the business of installing or altering warm air heating equipment. An applicant seeking to register as warm air heating contractor shall, in addition to the registration requirements applicable to all contractors, comply with each of the following provisions: A. Licensing. Furnish proof of being registered or licensed by an Illinois municipality in accordance with Illinois law. 1. Applicants that are not registered or licensed by an Illinois municipality in accordance with Illinois law may submit to a written examination by the city's Warm Air Heating Committee. Applicants shall be eligible for such examination after submitting a completed application for such an examination and paying a non-refundable fee of$100.00. 2. Upon passing the written examination, the city's Warm Air Heating Committee shall transmit the applicant's examination results to the Department of Code Administration and Development Services. Applicants failing to pass the written examination may apply for reexamination after the expiration of two (2) months and upon payment of another non-refundable examination fee. B. Annual Fee. Pay an annual registration fee of$25.00. The annual registration fee for contractors as provided in Section 16.02.020 of this chapter shall not apply to any applicant registering as a warm air heating contractor. C. Contractor's Bond. File with the community development manager or designee an indemnifying bond with good and sufficient sureties in the penal sum of$20,000.00, such bond being payable to the City of Elgin, for the use of any persons with whom such applicant shall thereafter contract to do work, to indemnify any such person for damages sustained on account of the failure of such applicant to perform the work contracted for, in accordance with the provisions and requirements of the city relating to the installation of electrical work with necessary appurtenances thereto. Each registered warm air heating contractor shall maintain the indemnifying bond required under this section during the annual registration term provided in this chapter. 4 16.02.070 REVOCATION OF REGISTRATION A. Revocation. A contractor's registration, including the registration of any electrical contractor, plumbing contractor, or warm air heating contractor may be revoked under the following conditions: 1. Failing to comply with any provision of this chapter or any other provision of Title 16 of this Code. 2. Performing, engaging in, or providing any work as a contractor without obtaining a building permit as required under Title 16 of this Code. 3. Failing to execute a contractor's bond in accordance with this chapter or failure to maintain such bond in full force and effect during the entire term of the contractor's registration. 4. The performance of any act or any work without regard for the health, safety and welfare of the person, firm or corporation for whom such work is performed. B. Notice of Hearing. The community development manager or designee shall present charges against a contractor to the Building Commission and an appearance of the contractor before that commission shall be set,provided, however, that charges against an electrical contractor shall be presented to the city's Electrical Commission; charges against a plumbing contractor shall be presented to the city's Plumbing Commission, and; charges against a warm air heating (HVAC) contractor shall be presented to the city's Warm Air Heating Commission. 1. If the applicable commission shall determine that the contractor's registration should not be revoked, the commission shall, in writing, make its recommendation to the community development manager within ten (10) days subsequent to its hearing. Based upon the recommendation of the applicable commission, the community development manager or designee shall then notify the contractor, in writing, of the decision. 2. If the applicable commission determines that the contractor's registration should be revoked, the commission shall, in writing, make its recommendation to the community development manager within ten (10) days subsequent to its hearing. Based upon the recommendation of the applicable commission, the community development manager or designee shall then notify the contractor, in writing, of the decision. Notice of the revocation of the contractor's registration shall then be forwarded to the Department of Code Administration and Development Services' permit control officer. No permits shall be issued to said contractor during the time of revocation. The revocation of a contractor's registration shall render such person, firm or corporation liable to the city under the contractor's bond required by this chapter. r 5 C. Reinstatement of Registration. A contractor may apply to reinstate his, her or its registration with the city not less than twelve (12) months from the date of revocation, by complying with all procedures set forth in this chapter for applying for a new registration. Should the contractor fail to obtain registration because of failure of any applicable examination, the contractor must then wait a period of two (2) months before reapplying. 16.02.080 PENALTIES. Any person convicted of violating the provisions of this chapter shall be fined $25.00. Any person convicted of a second or subsequent offense under this chapter shall be fined $500.00." Section 2. Severability. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and its application to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to the legislative intent of the city council that this ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof not been included. Section 3. That Section 16.20.050 of the Elgin Municipal Code, 1976, as amended, entitled "Licensed Plumbing Contractor—Bond"be deleted in its entirety. Section 4. That Section 16.24.050 of the Elgin Municipal Code, 1976, as amended, entitled"Registration of Electrical Contractors"be deleted in its entirety. Section 5. That Sections 16.32.030 and 16.32.040 of the Elgin Municipal Code, 1976, as amended, entitled "Warm Air Heating Contractor—Registration" and "Warm Air Heating Contractor Bond," respectively, be deleted in their entirety. Section 6. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 7. That this ordinance shall be in full force and effect on January 1, 2002 after its passage, approval and publication in pamphlet form as required by law. Ed Schock, Mayor 6 Presented: July 11, 2001 Passed: July 11, 2001 Omnibus Vote : Yeas : 7 Nays : 0 Recorded: July 12 , 2001 Published: July 16, 2001 Attest : DA��4 Dolonna Mecum, City Clerk 7