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Home My WebLink AboutORD NO 370 ORDINAN ]E NO, D. 7~) NEW SERIES AN ORDINAN3E D~FI.,...~I.~,](~ AND n]LASSIFYING CONTR~CTORS, PROVIDIEG FOR F~EGISTRATION THEREOF, RE .qUIRING gERTAIN CONTr~.~.DTO~S TO FURNISH BOND, AND FOR RE- VOCATION OF REGISTRf~.TION, PRO~fIDll'~G A PTCNALTY FOR VIOLATION OF THIS ORDINAN3E, .~ND REPEALING ALL OFOINAN3ES 0.~ PARTS OF O~DINANCESIN CO~FLICT }{ERE- VjITH. as follows: SECTION 1. BE IT ORDAR-~ED BY THE COUNCIL OF THE CITY. OF BAKERSFIELD, It shall be unlawful for any person, firm, co-partner- ship, corporation, association or other organization, or any combination thereof, to engage in the business or act in the capacity of contractor within the City of Bakersfield, without having complied w~th ~he regulations of this ordinance. SECTION S. CONTRACTOH DEFINED. A contractor within the meaning of this ordinance is s person, fi~, corporation, co-partnership, association or other organization, or ~ny combination thereof, ~o for either a fixed s~, price, fee, percentage, prcfit or other co~ens~tion other than. v~ages, undertakes or offors to undertake, or purr~orts to have the capacity to ~dertake to construct, alter, ~pair, add to, or improve any building, highway, road, ~ailroad, excavation or other structure, project, development, or improvement, or to do any part thereof; provided, Sat the te~ contractor, as used in this o~ine. nce, shall ina].ude subcontractor, but shall not include any one who meroly f~nisk. es materials or supplies without fabricat- ing the same into, or cons~ing the sarae in the perfo~ance of, the work of the contrsctor as berein defined, or' sole owners of Droperty building thereon a dwelling house ~ntended for t~e use and occupency of such owner and his fsEily, provided that no more tbsn one of such buildings sbs]] be so constructed ~n any ca].endar year. Class "A" Contractors. Class "A" Contractors sba2l include el]. Cor~tractors who are required by City Ordina~ce to submit to special examination .~' as to qualifications and carrying individual inspection. Class "B" Contractors. Class "B" Contractors s~all include all contractors engaged in the construction or re~odeling of sny bui]ding or improvement, each with a valuation of ten thousand ($10,000.00) dollars or more. Class "C" Contractors. Class "C" Contractors shall include all contractors engaged in the construction or remodeling of any bulld~.ng or im- provement, each with a valuation of more than five hundred ($500.00) dollars and less than ten thousand ($10,000.00) dollars. Class "D" Contractors. Class "D" Contrectors shall include all contractors engaged in the construction or remodeling of any building or improve- ment, each with a valuation of not more tbsn five hundred ($500.00) dollars, and not less than twenty-six (~26.O0) do]laPs, SE~T~0I'..v. 3, APPLI.~A~ION FO~ RMGISTHATION. To obtain registration under this 0rdinsnce, the ap,Dlicant s}~al] first su~mit to the Department of Bu_~]ding, a duly verified. ap~qication, stating t~e gener~-I natur'e of the business, the naEes an,~l addresses of all parties interested in the said business, and such other informerion as may be required. SECTION 4. BOND. Every Class "A" Contractor, before he sba!l be permitted to register. or shall be issued s license, as provided in Ordinance .... No. 546 New Series of the ]ity of BsRersfield, shall furnish a surety bond in the penal sum of five thousand ($5,000.00) dollars to the City of Bahersfield, approved b)- the City Attorney, and file same with the Depa~tment of Building. The condition of s.~.id bond shall be that the principal s}~sll co.~-p]y wit~ the provisions of this o'rd'inanCe, and shall indem- -~- nffy end save harmless the ~ity of BAkersfield, California.,...and .-~ any pe-~'son, fir~ or corpor~.tion for loss tbrou-gh any f~i.l~aPe on the Dart of said .or~nc!p~l in carrying on said business according to this ordinance, or nny amendments here to. The liabiRity of t~.~e surety upon said bond shall be and remain ~n full force n. Dd effect for t~e full period of the certificate or license issued to the principal and of each end eveMy renewaR thereof, or nev. certific~te or license issued for the sa~e nutpose to tb~ ~rincip?l. SECTION 4 (s) Any contractor s}~all without sdditional charge reEed.v any defect due to f~.ulty v:orkmsnsbip, incorrect construction and/or defective or unapDroved L~aterials, devices, appliances, and the like, installed, furnished, or used by said contractor or his agent or e~ployee, to the satisfaction of the Department of Build- ing, w~tbin 15 da.vs sfter ~otice thereof is given to said contractor by s~id Building Department, SECTION 5. STATE I,ICE~'rSE REQUIRED. When reouired to b~ve a state license it shall be nece.~sary for s contr~3. to~~ before being entitled to re. gister as such a contractor to I~rst produce s ~a].id license showing that seid applicant is duly registered with the Department of Profession~.l and Vocational Standards of the State of California, SECTION 6, Upon comp].isnce u~ith all of the foregoing regulations, and upon receipt 6f said application the Department of Building shell issue s Registration Certificate permj tting tb.e ~.pDli3snt tO produce as suc]' cottractor in the 'jity of B~kersfield, after having: paid the license fee provided for in 0rdin~.nce No, 371 New Series of the City of BnPersfield. The Certificate issued under this ordinance shall be signe~ k~J the applicant therefor, and. sbs]] be non-transferoble, -5- SECTION 7. The Inspector of Buildings of the City of Bakersfield may on h~s own motion, end sl~s]l upon the verified complaint in writing of any person, investigate the sctions of any contractor within the City of BaPersfield, and shall have power to temporarily susoend or revoke the license ~ssued under the provisions of this ordinsnce, if the holder while a licensee hereunder, is ~i].ty of or comr,'its any one or ~ore of the followinC' acts or omiss~o~s: (1) Cancellation or expi'~.stior, of state license; (S) D~versio~ of funds or property receive~ for orose- cut ion or completion of ~ specific contract, or for s specified pUrPOSe iD t~e prosecution or co~.D]et]on of any contract, and t~e~r application or use for ~ry ot~'~cr contra~t, obligation or purpose. (~) Fraudulent departure fro~ or dis~ega~d of, plans or specifications in any ~:terial respect, without conser~t of t~e owner or his duly su~orized representative. (4) Wilful end deliberate disregard or violation of the Building Code of the City of Bakers field or of the State of Calif- ornia, or of t]"e State H~usin~ Act of Csl'm fernis, or of the safety laws o~.labor laves of t~,e 8~zte of California. (5) Failure to keeo records showing all receipts and disbursements of the ]~censee in ell of his transactions ssa contrs. ctor s.s t~t tern is ~].cf~ned in this ord]ns~ce. ~ ($) Eisrepresent~'t~oD of a ~ter~sl f~ct by sopl].cant in obtaining s ]icer~se. (V) The doing of any wi].ful, fraudulent act by the 1] ~nsee as a ~ontractor in co~se~ue~ce of w~ icb another is sub- stantially; injured. SECTION 8.. PE~'~AI.TY. Any person, firm, ,~o-partnership, cordration,association, or other organizatL~on, acting in the csps. city of cont~actor with- in ti~e aT=eaning of t~is Ordinance, without a Certificate of Regis- tration ss herein provide~l, shall upo,' conviction thereof, if a person, be punished by a fine of not to exceed five' hundred ($500.00) dollsrs or by imprisonment in the County JsiI for s term not to ex- ceed six (8) ~ontbs, or by both suc.b fine ~nd imprisonme~t, in the discretion.of t~e court. The ssme penn]ties sbs]l aop3.~T upon con- viction to ~!ny member of a co-psrtnersbip, or to any construction, mans~.~i~g or directing-' officer of sny organizstion, consenting to, psrticipating iD, or siding or -~betting, ~.ny such violation of this o~'dina~ce. SECTION 9. 0rdinsnce No. 348 New Series, and all ordinances or parts of 6rdinsnces of. the City of B~.P. ersfi eld in conflict here- v.~it~. are hereby expressly repealed.. ..... o0o ..... I HEREBY CERTIFY that t.~e foregoing 0rdinsnce was passed and sdopted by the Council of the City of BP~ersfield on the~ dey of November, 1931, by the following vote: City C1 rk of the Council of the City of BaL'.ersfield. APPROV~---------------~) this~ day of Nover.~ber, 19~1. NAYOR of the City of Bak, e~'s field..