§ 8-52. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Authorized contractor means any contractor who owns and possesses a current valid authorized contractors license.

Authorized contractor's license means a license issued by the county, whereby the county contractors review board has approved a person's right to do the indicated scope of work after satisfying the requirements of this article as a contractor.

Board or contractors and building trades examiners board means the contractors review board.

Building official means the officer or other designated authority charged with the administration and enforcement of codes and ordinances adopted by the county which relate to construction, permitting, inspection and contractor licensing.

Business organization means a business entity engaging in contracting as an individual sole proprietorship, partnership, company, corporation, limited liability company, business trust or other legal entity.

Certified contractor means any contractor who owns and possesses a current valid license issued by the state department of business and professional regulation and who may contract in any jurisdiction in the state without being required to fulfill licensing qualification requirements of that jurisdiction, except to provide proof of workers compensation insurance or legal exemption thereto, liability insurance and a copy of the current state license to create a permitting qualification file and pay a file management fee for such.

Class I Contractor means a state-certified or registered contractor who is a county-authorized contractor listed in section 8-90(a).

Class II Contractor means an authorized contractor listed in section 8-90(b).

Commencement of construction means within the meaning of the mechanic's lien statute, is the visible commencement of actual operations on the ground for the erection of the building, which everyone can readily recognize as commencement of a building, and which is done with the intention to continue the work until building is completed.

Contracting means, except as exempted herein, engaging in any business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in this article. The attempted sale of contracting services, including the use of advertising and the negotiation or bid for a contract for these services shall also constitute contracting and acting for another for compensation as a construction coordinator, negotiator, manager, inspector or on-site supervisor shall also constitute contracting.

Contractor means any person not fitting the definition of the term "employee" who, except as exempted in this article, for compensation, undertakes to, submits a bid to, does himself or by subcontracting or employment or supervision of others does construct, erect, install, maintain, repair, alter, remodel, add to, subtract from, demolish or improve any building or structure, including related improvements to real estate, for others or for resale to others.

Employee means an individual who receives compensation from and is under the supervision and control of an authorized contractor or certified contractor or owner/builder who should regularly deduct federal withholding tax and F.I.C.A. from the individual's gross wages and provide worker's compensation coverage, all as provided by law; wages to also include piecework compensation when employee production is measured in lieu of the time worked. Exception: An individual who receives compensation that is required to be reported as income on a 1099 form is a contractor.

Grandfathered means the license issued by the board to a contractor who has provided proof of experience, which qualified him for a license without examination.

Journeyman class means those who are authorized to perform in the electrical, plumbing, heating, air conditioning/mechanical trades while employed by a master of that trade. The journeyman classes recognized by the county are listed in section 8-90.

Licensee means a holder of a current valid authorized contractor license issued as herein provided.

Licensing administrator means the county building official or his designee.

Master license means certain class I contractors that are authorized to employ and train the journeyman classes described in section 8-90, and means a certified or authorized contractor license held in the electrical, plumbing, heating, air conditioning or mechanical trades as described under section 8-90.

Party means any individual, sole proprietorship, person, partnership, corporation, association or any other type of business organization.

Qualifying agent means a person who possesses the requisite certified contractor or authorized contractor license and the skill, knowledge, experience, and responsibility to direct, manage and control the contracting activities of the business entity with which he is connected, and whose technical and personal qualifications have been ensured by investigation and prequalification as provided for in this article. The qualifying agent shall have the responsibility to, direct, manage and control construction activities on each job built under his license and shall be financially responsible unless relieved in writing by an employer with majority interest.

Registered contractor means any contractor who is required by state statute, and has in fact, registered his authorized contractors license with the state department of business and professional regulation.

Repeat violation means a violation of a provision of this article, codes, contractors review board, state department of business and professional regulations or county court judge by a person who has previously been found to have violated the same provision within five years prior to the current violation.

Supervision means direct on-site observation and direction.

Supervisor means a person who provides supervision.

Unlicensed means a person performing work who is not certified by the state department of business and professional regulation or authorized by the county as a licensed contractor, and may include property owners, employees of or a supervisor.

(Ord. No. 2004-13, § 3, 6-8-2004; Ord. No. 2018-5 , § 1(attch.), 5-8-2018)