Gene Wieneke

Thursday, February 01, 2007

Contracting License Ordinance Cont.

In the first posting I gave you the definition as stated in the new contractors’ license ordinance as, “One who undertakes to build, construct, alter, remodel, repair, move, or wreck any building or structure, or any portion thereof, for which a permit from the city is required.” In the third posting I will list the major exceptions to the permit requirements. You and those you hire will not be required to go through the licensing process only if no part of your project or activity requires a permit.

If a license is required, there are three main categories with annual fees of $75, $100 or $150. In addition, you will have to prove you are capable of carrying out the work proposed under the permit by taking a written test as stated in the ordinance. “The Chief Building Official shall establish such reasonable examining procedures for the issuance of licenses as shall, from time to time, become necessary.” Instead of demonstrating that you have the skills by complying with the building codes’ requirements, you have to prove it on paper first or else, there is no license, permit or project.

For the local commercial building owner or tenant, the local apartment owner or manager and for the owner or tenant of residential rental property, this is for you. The list of activities not requiring a permit is so limited that you had better prepare yourself for the licensing process. Much of what you consider to be mere maintenance of buildings and structures is covered by the permitting process and therefore the licensing requirements.

Let me give you one example. The stopping of leaks in drains, water, waste and vent piping does not require a permit and will therefore not require a license. However, if any of the pipes is concealed and it needs to be replaced, a permit and license is required. Concealment can be in any form including but not limited to sheetrock, concrete and good old dirt. Mr. and Mrs. Homeowner; you will need the permit but not the license.

How common is it to find water on the floor and a wet ceiling in any building? Since it is concealed, what are you going to do when after you pull down the sheetrock and find a defective pipe? Run up to city call and get a permit if you are a homeowner? Run up and apply for a contractor license, take a test, pay your license fee and obtain a permit?

Not really. In an emergency you can make the repair and then do the license and permit. Warning: you cannot cover up the work until it is inspected. Unless you are a homeowner working on your residence, you will have to wait until they have scheduled and you passed the licensing test and obtained the permit.

For the local commercial building owner or tenant, the local apartment owner or manager and for the owner or tenant of residential rental property, I have this advice. After you review the exemptions coming in the third posting, you might want to consider going through the licensing process and save yourselves a lot of potential legal problems.

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