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HomeMy WebLinkAboutLicense Insulation Contractors Etc Who Install Mat/Equip Designed To Meet Std's Ordinance 03/06/78151 AN ORDINANCE TO LICENSE INSULATION CONTRACTORS AND OTHERS WHO INSTALL MATERIALS AND EQUIPMENT DESIGNED TO MEET THE ENERGY CONSERVATION STANDARDS OF THE STATE BUILDING CODE AND TO REGULATE ALL ' PC RSONS, FIRMS, AND CORPORATIONS INSTALLING SUCH MATERIALS AND EQUIPMENT BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF HARNETT C.nHNTY, Section 1. Authority. This ordinance is adopted pursuant to Chapter 703, North Carolina Session Laws of 1977, and G. S. 153A -134. Section 2. License Required. On and after January 1, 1978, no person, firm, or corporation may for a consideration install, alter, or restore, within any unincorporated part of Harnett County and within any city which adopts this ordinance pursuant to the authority granted in G. S. 153A -122, any insulation or other materials or energy utilization equipment designed or intended to meet the State Building Code requirements for insulation and energy utilization standards who is not either: (a) licensed as a contractor to do the proposed work under Chapter 87 of the General Statutes; (b) working under the supervision of a registered architect or professional engineer; (c) an owner working upon his own building; or (d) licensed under this ordinance. Section 3. Applications. - Every person desiring a license under this ordinanace shall submit an application for such license to the building inspector conforming to the following requirements: (1) Form of Application. Each application shall be a written statement upon forms provided by the building inspector. (2) Contents of Application. Each application shall contain the following information: (a) Name and home address of the applicant, if an individual, or home office address, if a corporation or partnership; (b) Names and home addresses of the partners, if a partnership; (c) Names and home addresses of the officers and directorS, if a corporation; I (d) Place where the proposed business is to be located; (e) Complete record of all convictions of felonies or acts involving dishonesty, fraud, or deceit by the applicant or any employee, partner, officer, or director of the applicant, whether in this or any other state or jurisdiction; (f) Complete record of all licenses held by the applicant or any employee, partner, officer, or director of the applicant authorizing activities of the type regulated by this ordinance or other activities involving construction, alteration, or modification of buildings and structures; (g) Information as to the circumstances in which any local, state, or federal government or agency has refused, suspended, or revoked a license of the type described in paragraph (f) to applicant or any employee, partner, officer, or director of the applicant. (3) License Fees. Each application shall be accompanied by a license fee in the amount of 10 for such license such amount to be for the calendar year and prorated by quarters to the end of such year. (4) False Statements. False statements on any application for a license shall be grounds for immediate revocation or denial.of such license. Section 4. Procedure for Issuance. (1) Review bZ County Officers. Each.application received by the building inspector shall be promptly forwarded to the Sheriff's office for review. Such officers shall promptly make any comments and recommendations pertaining to the application and forward then to the building inspector. (2) Licensing Agency. The application and any comments and recommendations relating thereto shall be considered by the building inspector which shall then issue or deny the license pursuant to the following standards. (3) Standards. The building inspector shall issue the license unless it shall find that the applicant or any employee, partner, officer, or director of the applicant: (a) Has been convicted within the last three years of a felony or an•:ect involving dishonesty, fraud, or deceit, whether in this or any other state or jurisdiction; (b) Has been refused a license to do the type of work authorized herein or has had such a license suspended or revoked by any local, state, or federal government or agency and such government or agency has not subsequently granted or restored such license; (c) Has knowingly made a false statement in the application; (d) Has failed to post the bond or other security required by Section 9. ;t, 152 (4) Appeal i from Denial. Any applicant whose license is denied may appeal the denial to the ' Harnett County Board of Commissioners. After reasonable notice to the applicant, the Board shall afford the applicant an opportunity to show why its license should not be denied. Section 5. Termination and Renewal of Licenses. All licenses issued hereunder shall terminate on the last day of the calendar year for which issued. Renewal of such licenses shall be pursuant to the same procedures and requirements set forth for initial issuance. Section 6. Suspension; Revocation; Appeal. (1) The building inspector may suspend or revoke any license issued hereunder at any time upon a showing that the applicant or any employee, partner, officer, or director of the applicant has: (a) Knowingly made a false statement in the application for a license; or (b) kpiolated the State Building Code requirements as to insulation or energy utilization equipment or materials, whether in this or any other jurisdiction; or (c) Been convicted of an act involving dishonesty, fraud, or deceit with respect to any contract entered into for work requiring this license. (2) Any licensee whose license is suspended or revoked may appeal the suspension or revocation to the Harnett County Board of Commissioners. After reasonable notice to the licensee, the Board shall afford the licensee an opportunity to show why its license should not be suspended or revoked. Section 7. Change of Location. The location of any licensed business may be changed, provided 10 days' notice thereof is given to the building inspector and operation at such new locationdoes not violate any applicable State or local law, ordinance, or regulation. Section 8. Permit Required: "Insulation and Energy Utlization" Permit Fee; Persons Exempted. (1) On and after January 1, 1978, no person, firm, or corporation may for a consideration install, alter, or restore, within any unincorporated part of Harnett County and within any city which adopts this ordinance pursuant to the authority granted in G. S. 153A -122, any insulation or other materials or energy utilization equipment designed or intended to meet the State Building Code requirements for insulation and energy utilization standards without first securing a permit for the work to be done. Such permit shall he either: (a) A general building permit, secured from the Harnett County inspection department nand evidencing full compliance with all.applieable requirements of the State Building Code and other State and local laws; or, (b) An "insulation and energy utilization" permit, secured from the energy and insulation inspector or County inspection department and evidencingfull compliance with the insulation and energy utilization standards in the State Building Code. For each such ''insulation and energy utilization" permit issued, there shall be a fee of $5. (2) The following are exempted from the requirement of obtaining a permit: (a) An owner working upon his own building; and, (b) Any person working under the supervision of a registered architect or professional engineer. Section 9. Bond Required. (1) Before a license shall be issued to any applicant, the applicant shall post a bond with Harnett County in the amount of $1,000. In lieu of posting a bond, the applicant may deposit a cashier's check or cash in the sate amount. (2) The security required by subsection (1) shall be available to indemnify any person for any damage which may accrue by reason of the applicant's failure properly to provide of install insulation energy utilization equipment or other materials designed or intended to meet the State Building Code standards for insulation and energy utilization. Section 10. Penalties. Any person, firm, or corporation violating the provisions of this ordinance shallbe subject to all the applicable punishment, penalties, and equitable relief provided for by Chapter 703, North Carolina Session Laws of 1977, and G. S. 153A -123. Section 11. Effective Date. This ordinance shall become effective on March 6, 1978.