CITY OF SALEM
ORDINANCE NO. 991019 - 71 INTRODUCED BY:
First Reading _______________
Second Reading _______________
Third Reading _______________
BEING AN ORDINANCE TO REQUIRE THE REGISTRATION OF CONTRACTORS AND SUBCONTRACTORS WITHIN THE ZONING AND INCOME TAX OFFICES.
WHEREAS, the City of Salem has identified the need for and proposes the registration of contractors; and
WHEREAS, the registration of contractors in the City of Salem furthers the promotion of the public health, safety, convenience, comfort, prosperity and general welfare of its citizens; and
WHEREAS, the City of Salem desires that any person engaged in a written or oral contract or agreement to provide goods, services and/or labor within the corporate limits of Salem shall be registered with the Zoning Office and Income Tax Office.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, STATE OF OHIO:
SECTION 1:
For the purpose of this ordinance, the following definitions shall apply:
SECTION 2:
Registration
No person, firm or corporation who enters into a written or oral contract or agreement as a primary or general contractor or subcontractor to supply goods, services and/or labor within the corporate limits of the City of Salem shall do so without first registering with the City of Salem.
This registration requirement shall not, replace or supersede any applicable State or Federal licensing requirement.
This registration does not apply to such work personally performed by property owners on or to primary residential dwellings in which they own. Individuals under the age of 18 who are singly engaged in the casual employment of a property owner, i.e. lawn mowing, snow removal, etc., are exempt.
Application for registration shall be made in writing to the Housing-Planning & Zoning Office or Income Tax Office on a prescribed form. Each application from an Individual shall include the individuals full name, address, social security number and business address.
Each application from a partnership, corporation or other business entity shall include the name and address of the business, as well as the names and addresses of the principals of the business.
In addition, each applicant shall also provide the following information, or documentation, to accompany the application as follows:
1.) A current Federal Tax Identification Number
2.) Proof of a current comprehensive general liability insurance coverage, with a minimum limit of three hundred thousand dollars ($300,000.00) each occurrence combined single limit for bodily injury and property damage liability. Coverage must be kept current during the effective life of the Registration. Failure to maintain such coverage and provide proof is grounds for suspension or revocation of a Registration.
3.) Proof of a current Ohio Worker's Compensation Certificate when required by Ohio Law.
4.) Proof of compliance with State or Federal licensing requirements, if applicable, particularly Chapter 4740 of the Ohio Revised Code, effective July 31, 1992, which requires heating, ventilating and air conditioning, refrigeration, electrical, plumbing and hydronics contractor to be certified by the State of Ohio. Proof of Plumbing License issued by the Columbiana County Health Department.
5.) Any such other information and documentation as the City may from time to time, require or request.
SECTION 3:
Registration Fee
Before a contractor's registration is granted to any applicant and before any expiring registration is renewed, the applicant shall pay to the City of Salem a fee of fifty ($50.00) dollars for the original registration and a fee of twenty-five ($25.00) dollars to renew an expiring registration.
SECTION 4:
Issuance of Registration; Effective Date
SECTION 5:
Registration Renewal
Each contractor's registration shall expire on December 31 of each year and shall be renewed only upon application by the holders in compliance with Section 2(B) of this Chapter and payment of the required renewal fee to the City of Salem.
SECTION 6:
Suspension or Revocation
Any contractor's registration may be suspended or revoked by the Zoning Officer or Income Tax Administrator if the holder of the registration willfully, or by reason of reckless disregard, violates any stature of the state, or an ordinance, rule or regulation of the City of Salem in the conduct of business. Further, any registration may be suspended or revoked upon conviction of the holder of any criminal charge relating to trustworthiness or breach of fiduciary duty.
SECTION 7:
Assignment and Transfer
No registration issued in accordance with the provisions of this Chapter shall be assignable or transferable.
SECTION 8:
Liability
This Chapter shall not be construed as imposing on the City of Salem any liability or responsibility for damages resulting from any defective construction work or equipment or installation thereof, nor shall the City or any official or employee thereof be held to assume any liability or responsibility by reason of any act or action taken in enforcing the provisions of this Chapter or carrying out the duties authorized and required by this Chapter.
SECTION 9:
Failure to Register
Should any person, firm or corporation, either as a contractor, or subcontractor be found by the Zoning Officer or Income Tax Administrator to be performing work without a valid registration, said Zoning Officer or Income Tax Administrator shall cause all work to cease immediately until all of the requirements found in Section 2(B) and an additional fee equal to three (3) times the original registration fee shall be paid.
SECTION 10:
Penalty
Any person, firm or corporation, either as a contractor or subcontractor who fails or refuses to comply with the requirements of this Chapter shall be deemed guilty of a misdemeanor and shall be liable to a fine of not more than five hundred ($500.00 ) dollars. Each day such violation is permitted to exist shall constitute a separate offense.
SECTION 11:
This Council finds and determines that all formal actions of this Council concerning and relating to the adoption of this ordinance or resolution were adopted in an open meeting of this Council and that all deliberations of this Council and of any of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law.
SECTION 12:
This ordinance shall take effect at the earliest time allowed by law.