[HISTORY: Adopted by the Board of Supervisors of Shenandoah County
1-27-1983. Amendments noted where applicable.]
[Amended 9-23-1997 by Ord.
No. 97-7]
Beginning January 1, 1983, and each year thereafter, every person who
engages in, or offers to engage in, the business of home improvement, electrical,
plumbing and heating and/or air conditioning contracting or the business of
constructing single or multi-family dwellings in Shenandoah County shall be
required to obtain a license from the county, except, however, such contractors
examined and currently licensed under the provisions of § 54.1-1106
of the Code of Virginia. For the purpose of this chapter, the business of
home improvement, electrical, plumbing and heating and/or air-conditioning
contracting or the business of constructing single or multifamily dwellings
shall mean any person, firm, association or corporation that for a fixed price,
commission, fee or percentage undertakes to bid upon or accepts or offers
to accept orders or contracts for performing or superintending, in whole or
in part, the construction, removal, repair or improvement of any building
or structure permanently annexed to real property owned, controlled or leased
by another person or any other improvements to such real property, and shall
include but not be limited to those engaged in the business of excavation,
carpentry, masonry, painting and installing roofing, siding, drywall, spouting,
septic systems and drilling of wells.
[Amended 9-23-1997 by Ord.
No. 97-7; 4-28-1998 by Ord.
No. 98-4]
Every applicant for such license, other than those currently licensed
under the provisions of § 54.1-1106 of the Code of Virginia, shall
furnish evidence of his ability and proficiency to perform the work for which
licensing is being requested. If the application is for licensing in the business
of electrical, plumbing, heating and/or air conditioning, the applicant shall
be a certified Level II (Master) in his trade or shall have in his employment
a certified Level II (Master) in his trade. The application shall set forth
information of the ability and character of the applicant and shall contain
an affidavit regarding the correctness of its contents. The county may consider
the past performance of the applicant, including his compliance with the requirements
of the Virginia Uniform Statewide Building Code, in determining the applicant's
qualifications. Applicants found not to be qualified shall be denied a license.
The county shall have the power to deny or revoke the license of any
applicant or licensee who is found guilty of:
A.
Any willful substantial misrepresentation in obtaining
or renewing the license.
B.
Furnishing substantially inaccurate or incomplete information.
C.
Gross negligence or continued incompetence or misconduct
in the practice of his profession.
D.
Failure to comply with the Virginia Uniform Statewide
Building Code. (Two or more convictions for violations of the Virginia Uniform
Statewide Building Code by a court of competent jurisdiction within a twelve-month
period shall be prima facie evidence of willful failure to comply with said
code.)
E.
Willful violation or cooperation with others to violate
any of the provisions of this chapter. The county may also refuse to issue
a license to any applicant who is shown to have a substantial identity of
interest with a licensee whose license has been revoked or not renewed. A
"substantial identity of interest" is defined to include but is not limited
to:
F.
Any conviction for a violation of § 18.2-200.1
of the Virginia Code.
[Added 9-23-1997 by Ord.
No. 97-7]
[Amended 9-23-1997 by Ord.
No. 97-7]
For the purpose of this chapter, the business of home improvement shall
mean the contracting for and/or providing labor and material, or labor only,
for repairs, improvements and additions to residential buildings or structures
accessory thereto, where any payment of money or other thing of value is required.
The Building Official is appointed to serve as agent for the governing
body for the purpose of administering and enforcing this chapter.
[Amended 9-23-1997 by Ord.
No. 97-7]
Upon determining that any unlicensed person is engaging in any activity
for which a license is required by this chapter, the Building Official shall
serve a notice of violation and shall order such activity to cease until said
person has secured the required license. If the notice of violation is not
complied with promptly, the Building Official shall request the County Attorney
to institute the appropriate proceedings at law or in equity to restrain further
such activity of said person. Any person convicted of a violation or failure
to comply with any provisions of this chapter shall be guilty of a Class 1
misdemeanor and is subject to fine, jail sentence or both.
