§ 10-20. Definitions.  


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  • 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:

    Board, boards of examiners or examining board means the contractors examining board as provided for herein.

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

    Certificate means a certificate of competency issued by the county contractors examining board.

    Certification means the act of obtaining or holding a county certificate of competency as provided in this article.

    Certified contractor means any contractor who possesses a certificate of competency 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 the competency requirements of that jurisdiction.

    Commencement of construction means the date on which the contract is executed. If no written contract is executed, the term "commencement of construction" means the date on which the contractor begins work on the project.

    Contracting means, except as exempted herein, engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in this article or the categories of contractors established by resolution of the board of the county commissioners. The attempted sale of contracting services and the negotiation or bid for a contract for these services shall also constitute contracting.

    Contractor means the person who is qualified for and responsible for the entire project contracted for and means, except as exempted in this article, the person who, for compensation, undertakes to, submits a bid to, or does himself or by others construct, erect, install, maintain, repair, alter, remodel, add to, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others. Contractors shall be subdivided into Division I and Division II as established by resolution of the board of county commissioners.

    Employee means an individual who receives compensation from and is under the supervision and control of a licensed contractor who regularly deducts federal withholding tax and F.I.C.A. from the individual's wages and provides workers' compensation coverage, all as provided by law.

    Licensee means a holder of a county certificate of competency issued as herein provided.

    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 skill, knowledge, and experience, and responsibility to supervise, direct, manage, and control the contracting activities of the business entity with which he is connected, and whose technical and personal qualifications have been determined by investigation and examination as provided for in this article. The qualifying agent shall also have the responsibility to supervise, direct, manage, and control construction activities on a job for which he has obtained the building permit.

    Registered contractor means any contractor who has registered his county certificate of competency with the state department of business and professional regulation pursuant to fulfilling the competency requirements of the jurisdiction for which the registration is issued. Registered contractors may contract only in such jurisdictions.

    Specialty contractor means a contractor whose scope of work and responsibility is limited to a particular phase of construction as established by resolution of the board of county commissioners.

(Code 1982, § 2-5-2; Ord. No. 92-04, pt. B, 4-7-1992; Ord. No. 93-10, pt. A, 5-11-1993; Ord. No. 96-013, pt. A, 5-28-1996)