§ 6-89. Business organizations; qualifying agents.

(a)

If an individual proposes to engage in contracting in his or her own name or fictitious name, the county local license shall be issued only to that individual or fictitious name. If using a fictitious name or if incorporated, evidence of registration with the Secretary of State is required.

(b)

If the applicant proposes to engage in contracting as partnership, corporation, business trust, or other legal entity, the applicant shall apply through a qualifying agent. The application shall state the name of the partnership and of its partners, the name of the corporation and of its officers and directors, the name of the business trust and its trustees, or the name of such other legal entity and its members. The applicant shall furnish evidence of statutory compliance if a fictitious name is used. Such application shall also show that the qualifying agent is legally qualified to act for the business organization in all matters connected with its contracting business and has authority to supervise construction undertaken by such business organization. The local license shall be in the name of the qualifying agent, and the name of the business organization shall be noted thereon. If there is a change in any information that is required to be on the application, the qualifying agent shall within ten (10) days after such change occurs mail the correct information to the building official.

(c)

The qualifying agent shall be registered under this chapter for the business organization to be certified in the category for which the qualifying agent is certified or registered. If any qualifying agent ceases to be affiliated with such business organization, he shall so inform the building official. In addition, if such qualifying agent is the only certified individual affiliated with the business organization, the business organization shall notify the building official of the termination of the qualifying agent and shall have a maximum of sixty (60) days from the termination of the qualifying agent's affiliation with the business organization in which to employ another qualifying agent. The business organization may not engage in contracting until a qualifying agent is employed, unless the building official has granted a temporary nonrenewable certificate or registration to the financially responsible officer, the president, a partner, or the general partner, who assumes all responsibilities of a primary qualifying agent for the entity. This temporary certificate or registration shall only allow the entitled to proceed with incomplete contracts. For the purposes of this paragraph, an incomplete contract is one which has been awarded to, or entered into by, the business organization prior to the cessation of affiliation of the qualifying agent with the business organization. An incomplete contract also includes a situation where the business organization submitted the low bid and the contract is subsequently awarded, regardless of whether any actual work has commenced under the contract prior to the qualifying agent ceasing to be affiliated with the business organization.

(d)

The qualifying agent shall inform the building official in writing when he or she proposes to engage in contracting in his own name or in affiliation with another business organization, and shall supply the required application information in section 6-83 to the building official.

(e)

Upon determination that all requirements have been met by the new qualifying agent, the building official shall issue a new local license in the qualifying agent's name, and the name of the new business origination shall be noted thereon.

(f)

Each qualifying agent shall pay the building official an amount equal to the original fee for licensing a new business entity. If the qualifying agent desires to qualify more than two (2) business entities, he or she shall be required to appear before the board of building examiners and present evidence of ability and financial responsibility of each such entity. Such local license will be issued by the board of building examiners.

(Ord. No. 2016-04, § 2, 2-2-16)