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HomeMy WebLinkAboutORD NO 348 0[©INANCE NO. 3~gNEW SERIES ~/~ 01{DINANCE DEFINING CONTRASTORS; PR~'VIDI NG FOR THE Fd~GISTRATION THEEOF; REqUIRiN~..CON- TRA:]TORS TO PROVIDE A SURETY BOND; REQUIR~ THE ISSU~d~E OF A STAr~] LICENSE TO SAID CON- TRA'3TORS; PROVIDING FOR EVOCATION OF REGIS- TRATION; PHOViDING A PENALTY FOE VIOLATION "' OF THIS OF~OINANCE, AND REPEALING ALL ORDIN- ANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- BE IT 0~DAINED BY THE COUNCIL OF THE CITY OF BAKEHSFIELD, as follows: SECTION 1 · It shall be unlawful for any person, firm, Go-partnership, corporation, association or other organization, or any combination thereof, to engage in the business or act in the cap s city of con- tractor within the City of Bakersfield, without having complied with the regulations of this ordinance. SE3TION 2. A. Contractor Defined· A contractor within the mean].ng of this ordinance is a person, firm, corpors4tion, co-partnership, association, or other organization, or any con,bination thereof, who for a fixed sum, price, fee, percentage or other compensation other than wages, undertakes with another for the construction, alteration, repair, addition to, or improvement of any building, highway, road, railroad, excavation or other structure, project, development, or improvement, or any part thereof; provided, that the term "Contractor" as used in this ordinance, shall include sub-contractor, and shal] include any owner constructing a building by day labor unless such building is to be used as a place of residence of said owner, but shall not include anyone who merely furnishes materials or supplies without fabricating the same into, or consuming the same in the performance of the work of the contractor here in defined. -1- B. Classification, For the purpose of ~is ordinance Contractors shall be divided into the following classes: Class "A" Contractors: Shall include all Contractors who are required by City ordinance to submit to special examination as to cualifications and carrying individual inspection. Class "B" Contractors: Shall include all Contractors engaged in the business of constructing or remodeling public buildings or other public improve- ments of any valuation whatsoever. And shall include all Contract- ors engaged in the business of constr~.cting or remodeling private buildings of over $10,000 valuation each. Class "C" Contractors: Shall include all Contractors engaged in the business of constructing or remodeling buildings with a valuation of less th~ $10,000 each. SECTION 3. APPLICATION FOR ~GISTMATION. To obtain registration ruder this 0rdin~ce, the applic~t shall first submit to the Department of Building, a duly verified application, stating the general na~re of the business, the n~es a~ addresses of ~l parties interested in the said business, ~d such other information as may be required. SECTION 4. Every contractor, before he shall be petitted to register, or shall be issued a license as provided in 0~in~ce No. 346 New Series of the ~3ity of Bakersfield, shall furnish a surety bond to the City of Bakersfield, approved by the City Atto~ey, and file same with the Department of Building. Said bonds shall be in the s~ as follows: Class "A" Contractors $5,000.00 Class "B" Contractors $8,000.00 Class "C? Contractors $S,500.00 The condition of said bond shall be that the principal shall faithfully perform all work entered upon or contracted for in conformity with the terms and provisions of all ordinances of the' City of Bakersfield, as said ordinances now are or may be hereafter amended, which in any way regulate the work as entered upon or contracted for. Also, that the principal shall without additional charge remedy any defect due to faulty workmanship, incorrect construc- tion and/or defective or unapproved materials, devices, appliances, and the like, installed, furnished, or used by said principal or his agent or employee, to the satisfaction of the Department of Building, within 15 days after notice thereof is given to said principal by said Building DeDartment. Also that the said principal and surety company expressly agree that the City of Bakers field may for itself or for the use and benefit of any person injured or.damaged by reason of the fail- ure of the said principal to comply with the provisions of said bond, sue and maintain an action at law on the said bond, in. any court having jurisdiction thereof. SECTION 5. STATE LICENSE REQUIR~D.~ , Before being entitled to.be registered as such a con- tractor shall first produce a valid license, showing that said applicant is duly regi atered with the Director of the Department of Professional and Vocational Standards of the State of California. SECTION 8. Upon receipt of said application and filing of bond, the Department of Building shall issue a Registration Certificate, per- mitting the applicant to engage in business as a contractor in the City of Bakersfield, after having paid the license fee provided for in Ordinance No. 348 New Series. The certificate issued under this Ordinance shall be signed by the applicant therefor and s~sl.~. be non-transferable. -3- SECTION V. REGISTR^-~ION ~'T.~.Y BE REVOK1ED. The Certificate of any contractor registered under this Ordinance shall be automatically cancelled upon the receiving of proof that the Licensee is guilty of one or more of the following acts or omissions: (1) Cancellation or expiration of State License. (~) Abandonment of any contract without legal excuse. (3) Diversion of funds or property received under express agreement, for prosecution or completion of a specific contract under this ordinance, or for a specified purpose in the prosecution or com- pletion of any contract, and their application or use for any other contract, obligation or purpose with intent to defraud or deceive creditors or the owner. (4) Fraudulent departure from, or disregard of plans or specifications in any material respect, without consent of the owner or his duly authorized representative, or the doing of any wilful, fraudulent act by the licensee as a contractor in consequence of which another is substantially injured. (5) Wilful and deliberate disregard and violation of the Building Code of the City of Bakers'field, the State Housing Act of CaliforHia, the safety laws or labor laws of the State, or incom- petence as a contractor. (6) months, or by both such fine and imprisonment, in the discre- tion of the court. The same penalties shall apply upon conviction to any member of a co-partnership, or to s_ny construction, manag- ing or directing officer of any organization consenting to, parti- cipating in, or aiding or abetting, any such violation of this act. SECTION 9. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. ...... o0o ..... I HEREBY CERTI~Z that the foregoing Ordinance was passed and adopted by the Council day of ~ of the .Jity of Balersfield on t.be , 1930, by the foliowing vote: ~Rof the akersfield./ Ci . Clerk of the" Council of the 3ity of Bakersfield. , 1930.