Chapter 5.12 CONTRACTOR LICENSES*

Licenses shall be required for all types of work specified in this chapter unless otherwise stated, and such licenses shall be classified in accordance with the provisions of this chapter. (Ord. 123 § 2, 1978)

5.12.020 Approval by board of examiners and appeals--Required when.

No person may be issued a license to engage in the following listed trades, jobs, or contractual services, as enumerated in this section, unless approved by the board of examiners and appeals:
A. Builder’s license, Class A;
B. Builder’s license, Class B;
C. Builder’s license, Class C;
D. Steam heating license, Class A;
E. Steam heating license, Class B;
F. Masonry license;
G. Concrete and form license;
H. House and building mover’s license;
I. Wrecker’s license;
J. Excavating license;
K. Special contractor’s license.
L. Mobile home installers license. (Ord. 2, Series of 1987 (part); Ord. 123 § 3(a), 1978)

5.12.030 Approval by board of examiners and appeals--Not required when.

All persons who have been previously licensed under the provisions of this chapter by the town to engage in the trades, jobs or contractual services set out in Section 5.12.020 shall not be required to be examined by the board of examiners and appeals; provided, however, that all persons must hold a license issued by the state, if required by the state, before engaging in any trade, job or contractual service within the town limits. If, however, a previously licensed person has not renewed his license within five years of its expiration date, that person shall again be examined by the board of examiners and appeals. (Ord. 123 § 3(b), 1978)

5.12.040 Application--Processing.

A. Applications for contractors’ licenses shall be on such forms and shall furnish such information as the board of appeals and examiners may prescribe.
B. The building inspector shall receive and sign all applications for licenses set out in this chapter. Upon receiving an application for licensing, the building inspector shall forward the application to the board of appeals and examiners for approval.
C. Upon approval of the board of appeals and examiners, that board shall certify the application to the clerk, who shall receive any required license fees and shall issue the appropriate license in the name of the town. (Ord. 123 § 13, 1978)

5.12.050 Fee.

Applications for licenses required by this chapter shall be accompanied by a fee of ten dollars to cover costs of processing. (Ord. 123 § 14, 1978)

5.12.060 Probationary license.

A. The building inspector may approve a probationary license to persons pending approval of the actual license required by this chapter for which application is made.
B. Such probationary licenses shall expire thirty days after date of issue unless extended by the board of appeals and examiners.
C. For all probationary licenses issued, a fee, the same as for the actual license, shall be charged. Such fee shall apply toward the fees for an actual license, if issued and approved by the board of appeals and examiners. (Ord. 123 § 15, 1978)

5.12.070 Temporary permit.

The building inspector may, at his discretion, issue temporary permits to contractors licensed in other towns, whose applications have been filed, pending action of the board of appeals and examiners; provided, that the full first-full-year’s license fee and insurance certificates are deposited with him. Such temporary permits may be revoked if the application for a license is denied by the board of appeals and examiners, or for good cause by the building inspector. (Ord. 123 § 16, 1978)

5.12.080 Review of application.

The board of appeals and examiners shall review applicants for licenses issued under this chapter and the standards to be applied in the conduct of such review shall be the protection of the public health, welfare and public safety of the people of the town, so that those who are recommended to be licensed under this chapter are financially and morally responsible and qualified in terms of their skills, knowledge and practical experience to contract for or to do the work for which they seek to be licensed. Applicants who are so qualified shall be licensed as provided in this chapter. (Ord. 123 § 17, 1978)

5.12.090 Examinations--Required when.

The board of appeals and examiners may, before approving any application for a license required by this chapter, require the applicant to take a written or oral examination. (Ord. 123 § 18(a), 1978)

5.12.100 Examinations--Standards setting.

The board of appeals and examiners may at its discretion set standards for its examining requirements, so long as they do not conflict with any provisions of this chapter. (Ord. 123 § 18(b), 1978)

5.12.110 Examinations--Scope.

The board of appeals and examiners shall limit its examination requirements to areas as may be applicable to the license being sought. (Ord. 123 § 18(c), 1978)

5.12.120 Examinations--Frequency.

Examinations shall be given at reasonable intervals. (Ord. 128 § 18(d), 1978)

5.12.130 Insurance--Amount and types.

Every contractor granted a license under the terms of this chapter shall be required to maintain at all times employees’ liability and public liability insurance with the minimum limits of not less than one hundred thousand dollars for one person and five hundred thousand dollars for any one accident, and property damage insurance with a minimum limit of not less than one hundred thousand dollars for any one accident. (Ord. 16-94: Ord. 123-78 § 19(a))

5.12.140 Insurance--Certification.

At the time application is made for examination and before a license can be issued, the contractor shall file with the building inspector a certificate, signed by a qualified agent of an insurance company, stating that the policy required in this chapter has been issued to the licensee for employees’ liability insurance or workmen’s compensation insurance, public liability insurance and public property damage insurance, the minimum limits of each and the policy number, the name of the company, the effective date of such policies and the expiration date of such policies, together with a statement and a copy of an endorsement placed on such policy requiring ten days’ written notice by registered mail to the building inspector if it becomes necessary to cancel the policy for any reason. (Ord. 123 § 19(b), 1978)

5.12.150 Insurance--Cancellation--License revocation.

In the event of a cancellation of a policy, the licensee shall be required to furnish a new certificate in full compliance with the terms of Section 5.12.140 within the ten-day period; otherwise, the license shall automatically be revoked. The license shall be reinstated when the licensee has furnished a certificate of insurance in compliance with this section unless such license is suspended for reasons other than the failure to file a proper certificate of insurance. (Ord. 123 § 19(c), 1978)

5.12.160 Issuance--Ordinance or statutory prerequisites.

Any licenses or lawful requirements imposed by other provisions of this chapter, other ordinances of the town than that codified at this chapter or laws of the state, upon an applicant for a contractor’s license under this chapter, shall be deemed prerequisites to the issuance of such license. (Ord. 123 § 20, 1978)

5.12.170 Issuance--Board to direct when--Fee payment.

If, by a vote of a majority of the board of appeals and examiners, the applicant for a license required by this chapter is qualified by training or experience and is financially and morally responsible to fulfill the obligation of a contractor, it shall direct the building official to issue the applicant a license upon payment of the fees prescribed in this chapter and compliance with the terms of this chapter. (Ord. 123 § 21, 1978)

5.12.180 Issuance--Legal conformance.

All licenses enumerated in this chapter shall be issued in accordance with the terms and provisions of this chapter and other town ordinances and shall be subject to the supervisory clauses contained in this chapter. (Ord. 123 § 1, 1978)

5.12.190 Annual fees.

The annual license fees applicable to the licenses required and enumerated in this chapter shall be in accordance with the following table:

Type of Contractors License		Amount		Amount
A. Builders Class A	1/1-7/31	$150.00	8/1-12/31	$75.00
B. Builders Class B	1/1-7/31	75.00	8/1-12/31	40.00
C. Builders Class C	1/1-7/31	50.00	8/1-12/31	25.00
D. Masonry	1/1-7/31	50.00	8/1-12/31	25.00
E. Concrete and form	1/1-7/31	50.00	8/1-12/31	25.00
F. House and building movers		40.00
G. Wreckers		40.00
H. Excavating	1/1-7/31	50.00	8/1-12/31	25.00
I. Special contractors	1/1-7/31	50.00	8/1-12/31	25.00
J. Steam heating Class A		55.00
K. Steam heating Class B		40.00
L. Mobile home installers		25.00

(Ord. 3, Series of 1992 § 1 (part); Ord. 2, Series of 1987 (part); Ord. 10, Series of 1983 § 1 (part); Ord. § 23(a), 1978).

5.12.200 Annual fee for multiple licenses.

The holder of one license shall be charged one-half of the license fee for each additional license required by him under this chapter. The annual fee shall be in addition to the application fee prescribed by Section 5.12.050. (Ord. 123 § 23(b), 1978)

5.12.210 Term and renewal.

A contractor’s license issued under the provisions of this chapter shall terminate on the last day of the fiscal year and may be renewed any time prior to the expiration date by payment of the annual license fee prescribed by this chapter. (Ord. 123 § 22, 1978)

5.12.220 Revocation or suspension--Notice and hearing.

The building inspector may, upon his own motion, and shall upon the verified complaint in writing of any person, require any person licensed under this chapter to appear before the board of appeals and examiners for a hearing upon five days’ notice, in writing, mailed to his last-known address, or by notice served personally. (Ord. 123 § 24 (part), 1978)

5.12.230 Revocation or suspension--Grounds.

The board of appeals and examiners shall have the power to temporarily suspend or permanently revoke a license if the holder thereof, after a proper hearing, is found guilty of or commits one or more of the acts prohibited by any town ordinance or state law. (Ord. 123 § 24 (part), 1978)

5.12.240 Work permits--Valid license required.

No permit shall be issued to any contractor who has not first obtained a license as required in this chapter, or who is delinquent in the payment of his annual fee, or whose license has been suspended or revoked by action of the board of appeals and examiners. (Ord. 123 § 26(a), 1978)

5.12.250 Work permits--Restricted to licensed work.

Licensed contractors may apply for and be issued permits to do only such work as they are entitled to do under their respective licenses. (Ord. 123 § 26(b), 1978)

5.12.260 Noncomplying applications.

Any application for a permit or license filed in derogation of this section and Sections 5.12.240 and 5.12.250 shall be deemed to have been filed with fraudulent intent and shall be a nullity. Any permit or license issued on the basis of such fraudulent application shall be null and void. (Ord. 123 § 26(c), 1978)

5.12.270 Builder’s licenses--Class A.

A. A builder’s license, Class A, entitles the licensee to contract for and to do work of building or contracting for, or altering or adding to the structural portions of, any building or structure or portion thereof, where such work requires the issuance of a permit under the ordinance codified at this chapter or other town ordinances.
B. All such work shall be done in accordance with the terms and provisions of this chapter and all other town ordinances and state laws governing same.
C. A builder’s license, Class A, entitles the licensee to contract for and do necessary demolition and wrecking work in connection with the work specified in this section. (Ord. 123 § 4(a), 1978)

5.12.280 Builder’s licenses--Class B.

A. A builder’s license, Class B, entitles the licensee to contract for, and to do the work of building or contracting for, or altering or adding to, structural portions of buildings or structures or portions thereof, where the contract for such work does not exceed one hundred thousand dollars.
B. A builder’s license, Class B, entitles the licensee to contract for and do the necessary demolition and wrecking work in connection with the work specified in this section. (Ord. 123 § 4(b), 1978)

5.12.290 Builder’s licenses--Class C.

A builder’s license, Class C, entitles the licensee to subcontract for, and to do the work of subcontracting for, building or altering or adding to structural portions of buildings or structures or portions thereof; provided, that such subcontractor shall perform such work under the supervision of a holder of a Class A or Class B builder’s license. (Ord. 123 § 4(c), 1978)

5.12.300 Builder’s licenses--Masonry license not required when.

Holders of builder’s licenses, Classes A, B or C, need not have a masonry license to do the work referred to under Section 5.12.360; provided, however, that holders of Class C builder’s licenses shall perform such work under the supervision of a holder of a Class A or B builder’s license. (Ord. 123 § 6(b), 1978)

5.12.310 Builder’s licenses--Concrete and form license not required when.

Holders of a Class A, B or C builder’s license need not have a concrete and form license to do the work referred to under Section 5.12.370; except, that any such work performed by a holder of a Class C license shall be done under the supervision of a holder of a Class A or B builder’s license. (Ord. 123 § 7(b), 1978)

5.12.320 Steam heating licenses--Class A.

Steam heating licenses, Class A, entitles the holder thereof to contract for and to install high-pressure and low-pressure steam and hot-water heating systems, processing pipes and similar commercial hot-water and water-vapor systems, and heating or steam power systems. (Ord. 123 § 5(a), 1978)

5.12.330 Steam heating licenses--Class B.

Steam heating licenses, Class B, entitles the individual license holder to install low-pressure steam and hot-water heating systems, processing pipes and similar commercial hot-water and water-vapor systems. (Ord. 123 § 5(b), 1978)

5.12.340 Steam heating licenses--Unlicensed helpers--Supervision.

No persons, firms or corporations who engage in the installation of heating work shall employ unlicensed helpers unless under the direct supervision of a licensed Class A or B license holder. (Ord. 123 § 5(c), 1978)

5.12.350 Steam heating licenses--Unlicensed helpers--Number.

No more than two unlicensed plumber’s helpers may be employed for each licensed master or journeyman license holder without the prior consent of the building inspector. (Ord. 123 § 5(d), 1978)

5.12.360 Masonry licenses.

A masonry license entitles the individual holder thereof to erect, construct, alter or demolish chimneys, fireplaces, walls, pilasters and other work on a building composed of masonry units. (Ord. 123 § 6(a), 1978)

5.12.370 Concrete and form licenses.

A concrete and form license entitles the individual holder thereof to contract for and install forms for concrete products, and to pour and finish concrete products, and to mix concrete products, subject to the following limitations: all concrete and form work on structures over one thousand square feet shall be under the supervision of a holder of a builder’s license, Class A or B. (Ord. 123 § 7(a), 1978)

5.12.375 Mobile home installers license.

A. It is unlawful for any person to engage in the business of installing mobile homes without first having had issued to him a valid mobile home installers license. Further, it is unlawful for any person to labor or work at the job of installing mobile homes without first obtaining a valid mobile home installers license. Said licenses shall be issued by the building department, upon payment of all applicable fees, and furnishing proof of adequate liability insurance.
B. A mobile home installers license entitles the licensee to contract for and engage in the installation of mobile homes and shall be limited to the particular kind of work as may be incidental thereto excluding plumbing, heating and electrical work. (Ord. 2, Series of 1987 (part))

5.12.380 House and building mover’s licenses.

The holder of a house and building mover’s license is permitted to contract for and engage in moving of structures within, into and out of the town limits, subject to the following limitations:
A. New structural alterations, additions and foundation work is to be done by the holder of a builder’s license, Class A or B, or by a Class C builder’s license holder under the supervision of a holder of a Class A or B builder’s license holder.
B. Plumbing and electrical work necessary in moving and relocating of the structure is to be done by the holder of a plumbing or electrical contractor’s license issued under state regulations. (Ord. 123 § 8, 1978)

5.12.390 Wrecker’s licenses.

A wrecker’s license entitles the holder thereof to contract and engage in the demolition of existing structures. (Ord. 123 § 9, 1978)

5.12.400 Excavating licenses--Work covered.

An excavating license entitles the holder thereof to contract for and do the work of cutting into public rights-of-way and excavating into the public right-of-way and on private property within the town. (Ord. 123 § 10(a), 1978)

5.12.410 Excavating licenses--Not required when.

The holders of a license under any other section of this chapter shall not be required to be licensed under Section 5.12.400, but shall be subject to the provisions of that section; except, that the holder of a Class C builder’s license shall perform any such work under the supervision of a holder of a Class A or B builder’s license. (Ord. 123 § 10(b), 1978)

5.12.420 Special contractor’s licenses.

A special contractor’s license entitles the licensee to contract for and to do the work of a particular trade or job connected with the building industry excluding the enumerated licenses in this chapter. Such special contractors shall be limited to the trade or particular kind of work specified in such license and such other work as may be incidental thereto. (Ord. 123 § 11, 1978)

5.12.430 Qualification via supervisors--Authorized.

The respective licensees, whether individuals, firms or corporations, shall not be required to possess those skills and qualifying experience records required for the work they are permitted to do under the terms and provisions of their respective licenses; provided, that they retain in their business a supervisor whose skills and qualifying experience record are such that he would be qualified to do all work in his principal’s license category. The respective licensees’ rights to do business shall be dependent upon the continued retention of the designated supervisors in active, full-time capacity. (Ord. 123 § 12(b), 1978)

5.12.440 Qualification via supervisors--Suspension.

Whenever a designated supervisor terminates his connection with a licensee or otherwise becomes inactive, the licensee shall immediately notify the building inspector. In such event the license shall be deemed to be suspended, and there shall be a thirty-day grace period in order to acquire proper supervision before complete termination of the license and reexamination before the board of appeals and examiners. Should the supervisor be replaced or should his retention in the business of the licensee be renewed, such fact shall be made known to the building inspector. If the proposed replacement has been found by the board of appeals and examiners to meet the qualifications imposed by this section and Sections 5.12.430 and 5.12.450, the license shall again be deemed in full force and effect without imposition of an additional license fee for the same calendar year. (Ord. 123 § 12(c), 1978)

5.12.450 Qualification via supervisors--Review and designation of individuals.

Each individual who is to act as a supervisor shall be reviewed in accordance with the provisions of this chapter for the work proposed to be done. Each individual who is to act as a supervisor shall be designated as such in each application for a license. (Ord. 123 § 12(d), 1978)

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