19750318 1975-11ORDINANCE NO. 1975-11
RE-ADOPTION OF CHAPTER 5 (BUILDING)
OF THE CODE OF THE CITY OF
FAIRFAX, VIRGINIA
At a regular meeting of the City Council of the City of Fairfax,
Virginia, held in the Council Chambers of the City Hall, at Fairfax
City, Virginia on March 18, 1975 the City Council after having first
given notice of its intention so to do, in the manner prescribed by
law, deleted Chapter 5 (Building) of the Code of the City of Fairfax,
Virginia, and replaced it with a new Chapter 5, to be known as the
Fairfax City Building Code, which includes the adoption of the Building
Officials Conference of America, Inc. (BOCA) Basic Building Code, 1970
and the One and Two Family Dwelling Code, 1971, including standards and
amendments as adopted by the Virginia Uniform Statewide Building Code,
(Virginia State Law Chapter 829, Section 36-100 of the Acts of the
Virginia General Assembly of 1972.)
Section ~-l Adoption of the Building Code
There is hereby adopted by the City Council of the City of Fairfax,
Virginia, for the purpose of establishing rules and regulations for the
construction, alteration, removal, demolition, equipment, and maintenance
of buildings and structures, including permits and penalties, the certain
building codes known as the BOCA Basic Building Code, 1970 and the One
and Two Family Dwelling Code, 1971, including standards and amendments
as adopted by the Virginia Uniform Statewide Building Code; not less than
three copies of each Code shall be on file in the Office of the Building
Official in City Hall and shall be available for inspection between the
hours of 8:30 a.m. and 5:00 p.m., Monday through Friday inclusive, except
holidays and the same is hereby adopted and incorporated as fully as if
set out at length herein. From the date this Chapter becomes effective,
its provisions shall be controlling as to all matters contained herein.
ARTICLE I
Section ~-2 Effect of Chapter
(a) Nothing in this chapter shall be held to effect any zoning
or sanitation provisions of the City Code or any other Ordinance
heretofore or hereafter adopted by the City of Fairfax, Virginia.
(b) Nothing in this chapter shall be deemed to void any part of
the Virginia Fire Hazard Act, Section 27-65 to 27-85 of the 1950 Code
of Virginia as amended or the rules and regulations promulgated under
the authority of that Act.
(c) Nothing in this chapter shall be held to effect any part of
the Virginia Liquefied Petroleum Gases Act, Sections 27-86 thru 27-90
of the 1950 Code of Virginia, as amended or the rules and regulations
promulgated under th~ au'~hority of that Act.
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Section ~-~ Fire Districts
(a) The Fire Districts of the City of Fairfax are hereby
established as Fire District No. 1 and Fire District No. 2, and are
hereby based on and related to the official zoning map of the City
of Fairfax and any amendments thereto:
(1) Fire District No. 1 shall consist of that area of the
City of Fairfax which is zoned:
1. Commercial
ll. Industrial
(2) Fire District No. 2 shall consist of that area of the
City of Fairfax which is zoned:
1. Residential
Section ~-4 Definitions
The following words, terms and phrases, when used in this chapter
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Administrative Authority
Whenever the words Administrative Authority appear in this
code they shall mean the Building Official.
Board of Appeals
Whenever the words Board of Appeals appear, they shall mean
the City of Fairfax Building Code and Appeals Board, as
constituted in Section 127 of the Virginia Uniform Statewide
Building Code.
Buildinq Official
The officer charged with the administration and enforcement
of this code or his duly authorized representative, i. e.,
the Chief Inspector or his duly authorized representative.
Deposit
A payment to a contractor or salesman, either directly or
indirectly, as a binder or security for the performance
of a contract for home improvement work.
Frost Line
The frost line shall be deemed to exist 24 inches below the
finished grade in the City of Fairfax.
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Home Improvement Contract
An agreement for the performance of home improvement work
on residential property, including any subsequent agreement
between the same parties within any twelve month period if
the total of these agreements exceed five hundred dollars
($500.00).
Home Improvement Contractor
Any person, firm, corporation, association or partnership
that engages in the business of home improvement work.
Home Improvement Salesman
Any person who secures or attempts to secure a contract for
home improvement work.
Home Improvement Work
The improvement, repair, restoration, alteration, enlargement
or replacement of any residential property of a value of
more than five hundred dollars but not including the installa-
tion of any appliance, materials, and equipment not made a
part of the realty and, further, not including the application
of paint, except the application of paint or spray material
when applied to a roof or asphalt paving, wallpaper or land-
scaping or work performed by licensed electrician, plumber,
gas fitter and master refrigeration, heating and air condi-
tioning contractor so long as the work that is performed is
limited to that normally performed by them.
Parkinq Lot
A lot for the parking or storing of more than three motor
vehicles in the open, with the exception of parking areas
associated with detached one and two family dwellings.
Payment
The transfer, directly or indirectly, of any valuable
consideration, and shall include, but not be limited to,
the delivery of cash, money, chattel mortgage, deed of
trust, promissory note, installment contract, or other
written promise to pay.
Residential Property
Any property containing one or more dwelling units or
intended for human habitation.
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Section 5-5 Fees
No permit to begin work for new construction, alteration, removal,
demolition or other building operation shall be issued until the fees
prescribed in this section shall have been paid to the Treasurer of
the City of Fairfax, nor shall an amendment to a permit necessitating
an additional fee because of an increase in the size of the buildings
or an increase in the estimated cost of the work involved be approved
until the additional fee shall have been paid.
The building permit fee for any municipal, county or state building
may be waived by the City Manager.
The fee for the construction of a new building, addition or
enlargement shall be based on the superficial area of all floors
including basements and projected roof areas as follows: Three (3)
cents per square foot for Type 1, 2, 3a and 3b construction as defined
in Article II; one (1) cent per square foot for Type 3c and 4 construc-.
ti~nas defined in Article II. For a permit for the construction or
enlargement of a parking lot, the fee shall be at the rate of three
dollars ($3) per 1000 square feet or fraction thereof.
The fee for a permit for the removal of a building or structure
from its present position to a new location shall be at the same rate
as herein established for the alteration or repair of a building or
structure, plus, in the event that the new location is in the City of
Fairfax, a fee at the said rate based upon the cost of the new foundation
and all work necessary to place the building or structure in its complete
condition in the new location.
The fee for repairs and alterations of any building or structure
where there is no addition or enlargement shall be based on the cost of
the work as follows:
Up to $500 the fee will be $5
$500 to $1,OOO the fee will be $7
Over $1,O00 the fee will be $10, plus
three-fourths (3/4) of one percent of cost
above $1,000
For a permit for the demolition of a building or structure a
bond in the amount of $1,000 shall be posted which shall be returned
to the permit holder upon satisfactory completion of the work, leaving
the premises free from all unsafe and hazardous conditions.
The fee for a permit for the installation of an elevator, dumb-
waiter or man-lift shall be as follows:
Passenger Elevator
Freight Elevator
Escalator
Dumb-Waiter (power driven)
Man-Lift (power driven)
$20
$2O
$7
$10
$10
(per floor)
For repairs to elevators, escalators, dumb-waiters or man-lifts
the fee shall be as follows:
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Estimated cost $500 to $I,OO0
Estimated cost over $1,0OO
$10
$15
For an annual certificate of compliance, the annual fee shall be
as follows:
Passenger Elevator
Freight Elevator
Escalator
Dumb-Waiter (power driven)
Man-Lift (power driven)
$10
$10
(per floor)
For a duplicate certificate of compliance the fee shall be $3.
The fee for a permit to install oil, gasoline or other fuel tanks
shall be $5 for each tank under one thousand gallons, plus $1 for
each 1,O00 gallons or fraction above 1,OOO gallons.
The fee for a permit to install any oil, gasoline or other fuel
pump shall be $5.
Fee per inspection for more than one inspection after violation
notice, $5.
For inspection made necessary by failure to be ready for inspection
when requested, a fee of $5 will be charged for each additional
inspection.
The fee for swimming pools shall be $20 for residential pools
and two cents (2¢) per square foot of the area of the pool for commercial
pools.
Section ~-6 General
(a) Any permit issued by the Building Official pursuant to the
provisions of this code, under which no work has commenced, may be
cancelled upon the application of the owner at any time within six (6)
months from the date of issuance and fifty percent of the fee paid for
such permit shall be refunded. Any permit issued pursuant to this
code shall expire and become null and void after the expiration of six
(6) months if no work is commenced thereunder during a six (6) months
period provided, however, that any permit so voided may be reinstated
upon the application of the original applicant within one (1) year from
the original date of issuance with no additional fee and provided that
at the time of application for reinstatement, such plans and application
comply with the then existing Virginia Uniform Statewide Building Code
and other applicable ordinances of the City.
(b) Notice of Start. In addition, it shall be the duty of the
builder or permit holder or his agent, foreman or superintendent to
notify the Building Official or his designee and to receive approval:
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(1) Before footings are installed
(2) Before any reinforced concrete is poured
(3) Before slabs on grade are poured
(4) Before backfilling against subgrade walls.
(5) Before any framing is concealed
(6) Promptly following final completion; no occupancy
shall be permitted prior to this inspection.
Failure of any person to notify and obtain approval as required
above shall constitute a violation of the code.
Section ~-7 Certificate of Use and Occupancy
The certificate of use and occupancy described in Section 120
of the BOCA Basic Building Code, 1970 Edition, shall be interpreted
to mean the permits described in the Zoning Ordinance of the City of
Fairfax including, but not limited to the residential use permit,
the nonresidential use permit and the certificate of completion.
Section ~-8 Names Furnished
Before construction begins on any division of the work, the name
of the general contractor and the list of the subcontractors shall be
furnished to the Building Official or his designee.
Section ~-~ Constitution of Building Code and Appeals Board
(a) Membership of Board. There is hereby established a Building
Code and Appeals Board which shall consist of not less than eight (8)
members appointed by the City Council, consisting of a representative
of each of the following groups or professions:
(1) Board of Zoning Appeals of City of Fairfax
(2) Builder or Contractor
(3) Architect
(4) Engineer
(5) Local Real Estate Board
(6) Citizen of the City of Fairfax
(7) Chairman, Board of Electrical Examiners
(8) Chairman, Board of Plumbing Examiners.
The City Council may appoint one of its members to attend meetings
without vote.
The members of this Board shall be appointed for the following terms
of office:
The representative of the City Council and the member from the
Board of Zoning Appeals - Indefinitely, at the pleasure of the City Council.
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One of the remaining members shall be appointed for five (5)
years, one for four (4) years, one for three (3) years, and one for two
(2) years, and one to serve one (1) year, and thereafter each new member
or reappointee to serve five (5) years or until his successor has been
appointed. The Chairman of the Electrical and Plumbing Examiners to
serve for their respective active term.
(b) Qualifications of Board Members. The member from the Board
of Zoning Appeals shall be selected by the City Council without special
qualifications. The architect member must be a registered architect in
the State of Virginia; the engineer member must be a registered engineer
in the State of Virginia, with a structural engineering background; the
Real Estate Member must be a member of the National Association of Real
Estate Boards; and the architect, engineer, real estate and builder-
contractor members must have had at least ten (10) years experience
in their respective professions or occupation. The citizen member of
the Board shall own real property in the City of Fairfax.
(c) Absence of Members. In the event that any member becomes
incapacitated, disabled or resigns, the City Council shall appoint his
successor.
(d) Chairman of the Board. The Board shall select one of its
members to serve as Chairman, and the Building Official shall designate
a clerk from the Office of Inspections to serve as Secretary to the Board
who shall keep a detailed record of all proceedings on file in the office
of the Building Official.
(e) Exemption of Members. No member of the Board shall pass on
any question in which he is engaged as contractor or material dealer,
or in the preparation of plans or specifications, or in which he has
any personal interest.
(f) Compensation of Members. Board members shall serve without
compensation.
(g) Building Official. The Building Official shall attend all
meetings of the Board and shall serve as technical advisor to the Board.
Section S-lO Appeals Procedure
(a) Notice of Meeting. The Board shall meet at least once a month
at such time as may be set by the Board. Special meetings may be called
at any time by the Chairman or the Building Official.
(b) Required form of Appeal. All appeals must be in writing and
must contain sufficient information to acquaint the Board with the facts
involved. The exact form of presentation and the number of copies required
is to be prescribed by the Building Official in each individual case.
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Additional information pertinent to the case over and above that required
by the Building Official may be filed by the appellant.
(c) Filing. A filing fee of $30.00 must be made payable to the
City of Fairfax and must accompany the application. This fee is used
to advertise the request in the local newspaper and for any incidental.
costs involved in the meeting. Fee is not returnable unless withdrawal
of the application occurs prior to submitting the notice to the news-
paper.
To have application complete, the completed application form must
be accompanied by a statement in support of same, as explained below,
and drawings which would assist the Board in their decision. The Board
may postpone making a decision on an incomplete application.
At least ten (10) days prior to the date of hearing, the applicant
shall notify at least five (5) adjacent or neighboring property owners,
by Certified Mail, of his proposed application, providing proof of such
notification to the Board at the time the application is heard.
(d) Public Hearing. All hearings shall be public and the appellant,
his representative and any other person whose interest may be affected
by the matter or appeal shall be given an opportunity to be heard.
Section ~5-11 Decision of the Board.
(a) Action of the Board. The Board shall affirm, modify or reverse
the decision of the Building Official by a concurring vote of a majority
of the qualified members of the Board hearing the appeal.
(b) Resolution of Board. Every action of the Board shall be by
resolution and certified copies shall be furnished to the appellant
and to the Building Official.
(c) Determining Vote. Failure to secure a majority vote of the
qualified members of the Board hearing the appeal shall be deemed a
confirmation of the decision of the Building Official.
(d) Enforcement of Decision. The Building Official shall take
immediate action in accordance with the decision of the Board.
Section ~-12 Code Revisions
(a) Function of Board. The Board shall make recommendations to
the Virginia State Board of Housing for changes or modifications to
the Building Code.
(b) Procedure on Code Changes or Modifications. The City Council,
the Building Official, or any member of the Board may request the Board
to consider modifications or changes to the Building Code. Upon call of
the Building Official or the Chairman, this Board will review and consider
such changes at its next regular meeting date, or special meetings called
by the Chairman or Building Official for this or other purposes. Any
changes or modifications to the Building Code must be sent to the Virginia
State Board of Housing for adoption.
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Section ~;-1~ Board of Appeals.
Any person aggrieved by a decision of the Board, whether or not a
previous party to the decision, or any City officer or official board
of the City may apply to the Board of State Code Review in accordance
with Section 127.6 of the current administrative amendments of the
Virginia Uniform Statewide Building Code.
Section ~-14 Protective Guards and Railings
All stair landings, balconies, porches, mezzanines, retaining walls
and similar areas, windows in use groups F, H, LI, and L2, the sills of
which are less than twenty-four (24) inches above the floor, shall be
provided with protective guards or railings in accordance with this
section.
Section ~-l~ Guard Details
(a) Height: Guards shall be not less than forty-two (42) inches
high, except in use groups L3, one and two-family dwellings, where they
may be thirty-six (36) inches high. The height of guards shall be
measured vertically to the top of the guard from the floor of balconies,
landings and other similar areas, or from the finished grade on the
retaining wall.
(b) Construction: Required guards shall be so constructed that
the area in the plane of the guard from top of the floor, to the
minimum required height of guard shall be subdivided or filled in one
of the following manners:
(1) A sufficient number of intermediate longitudinal rails
so that the clear distance between rails measured at right angles to
the run of rail does not exceed ten (10) inches. The bottom rail shall
be not more than ten (10) inches from the top of floor measured vertically.
(2) Vertical balusters spaced not more than six (6) inches
apart.
(3) Areas filled wholly or partially by panels of solid,
wire, mesh, or expanded metal construction or by ornamental grills
which provide protection against falling through the guard equivalent
to that provided by the intermediate rails or vertical balusters
specified in the two preceding paragraphs.
(4) Masonry walls may be used for any portion of the guard.
(5) Any combination of the foregoing that provide equivalent
safety.
Section ~-16 Exceptions
No guards or protective rails shall be required:
(a) Where the vertical distance to the level or area immediately
below is less than twenty-four (24) inches.
(b) On windows, which have on their exterior a balcony, porch or
similar area which is provided with guards or rails in accordance with
this section.
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(c) On windows with fixed sash that are constructed with horizontal
and/or vertical muntins or mullions capable of withstanding the loads
prescribed in Section 5-15 and spaced at not over twelve (12) inches
on center.
Section ~-l7 Fences
Subject to the structural provisions of Section 716 of the BOCA
Basic Building Code for wind loads, all fences shall be designed and
constructed as herein provided:
(a) Barbed Wire and Electrically Charged Fences
(1) Barbed wire shall not be allowed on any fence or wall
at a height of less than six (6) feet.
(2) Sharp, unfinished, or cut prongs or links of open mesh
type fences shall not be allowed on any fence at a height of less than
six (6) feet unless the cut prongs or links are placed at the bottom
of the fence.
(3) The erection or installation of an electrically charged
fence is prohibited.
Section ~-18 Verbal Waiving of Regulations Insufficient
Under no circumstances shall verbal permission given by anyone,
whether connected with the government of the City of Fairfax or not,
be considered a justification for any deviation from, or violation of,
these regulations.
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ARTICLE II
HOME IMPROVEMENT CODE
GENERAL
Section ~;-l~ Short Title
This article shall be known and may be cited as the "Home Improvement
Code".
Section ~-20 Contracts - Generally
All home improvement contracts shall be in writing, shall be executed
in triplicate (one copy to home owner, one copy to contractor, and one
copy to Office of Inspections) and shall fully and completely set forth
the agreement of the parties. The demand for or the receipt of any
payments prior to the execution of such a contract with all blanks
filled in is hereby specifically prohibited. A copy of the contract
form customarily used by the contractor for the performance of home
improvement work shall be filed with the application for a home improve-
ment contractor's license required by Section 5-28.
Section ~-21 Same - Contents
All contracts for home improvement work shall include but not be
limited to the following:
(a) Name, address, telephone number and license number of the
home improvement contractor.
(b) Name and license number of the home improvement salesman
participating in negotiation for such contract.
(c) Specifications or a written description of the work proposed
to be done under the contract. (This shall appear either as a part of
the contract or as an addendum physically attached thereto.)
(d) Terms of payment. If the home owner has a prior existing
unpaid account balance with the contractor which arose in the regular
course of business and which is to be consolidated with the unpaid
balance for the performance of home improvement work, then, as a
separate transaction, the contractor may, within fifteen days subsequent
to the time the contract is signed by the home owner and not less than
twenty-four hours prior to commencing performance of the work, furnish
such home owner with a written statement setting forth the consolidated
balance due the contractor and the terms of payment.
(e) Approximate date for commencement and completion of work.
(f) A statement in bold face type no smaller than ten point
stating that the home owner should not sign the contract in blank and
that the home owner is entitled to a copy of the contract at the time
he executes it.
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Section 2-22 Act of Salesman Considered Act of Contractor
For the purpose of this article the act or omission of any salesman,
while acting on behalf of the contractor, may be considered the act of
the contractor.
Section ~-2~ Responsibility of Contractor to Acquire and Comply with
Required Permit
Contractors performing home improvement work shall be responsible
that the required permits are obtained, that the laws of the City and
State are complied with and that all work is performed in accordance
with the conditions and the terms of such permit.
Section 2-24. Enforcement of Article
The Building Official or his designee is responsible for the
enforcement of this article. He is authorized to require of any
applicant for a license required by Section 5-28 sufficient information
to determine the propriety of issuing such license and is further
authorized to require of any licensee sufficient information to
determine the propriety of authorizing the continuance and renewal of
his license. The Building Official or his designee is also responsible
for the investigation and prosecution of alleged violations of this
article. Failure of an applicant or licensee to make available such
information as the Building Official or his designee is authorized
to request and failure to cooperate with him in the investigation of
violations of this article shall be grounds for denial, suspension or
revocation of a license.
Section 5-2~ Inapplicability of Article to Certain Persons
Nothing in this article shall apply to any person performing home
improvement work on a building of which he is the bona fide owner or to
contractors registered with the State in accordance with Chapter 7,
Title 54 of the Code of Virginia, as amended, or to any public utility,
its agent, employees or subcontractors.
Section 2-26 Article as Defense in Court Action; Effect on Prior Contracts
No person shall be entitled to assert this article as a defense to
any action at law or suit in equity unless such person shall first
affirmatively prove that notice of this article prior to or upon
execution of the contract has been given to the party who seeks to
recover from such person.
Section 5-2~ Article not Exemption from Compliance with Code
Nothing contained in this article shall excuse any licensee from
compliance with all other applicable provisions of this Code.
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Section ~-28 Required
It shall be unlawful for any person to engage in the business of
a home improvement contractor within the City or to act as a home
improvement salesman for a home improvement contractor without holding
a valid license issued pursuant to this division.
Section ~-2~ Application - Form; Contents; Fee
Application for a license to engage in the business, of a home
improvement contractor or to act as a home improvement salesman for
a home improvement contractor shall be made to the Building Official or
his designee in writing on forms furnished by the Building Official or
his designee. The following information shall be given under oath by
the applicant on any such forms:
(a) Name, and if operating under other than an individual name,
the name of the owner and principal officer.
(b) Home address, business address and local address.
(c) Name and address of employer if applicant is a home improvement
salesman.
(d) Places where applicant has resided and done business for preceding
two years.
Section ~-~0 Application and Examination Fees
Any person desiring to be licensed under the provisions of Section
5-28 shall make written application. Application and examination fees
shall accompany the application and are not returnable. Application
and examination fees are as follows:
Home Improvement Contractor
Home Improvement Salesman
$25.00
$20.00
Section ~-~1 License Fees; New and Renewal
All licenses issued by the Board shall expire on December 31 of
the year for which issued but may be renewed prior to that date upon
payment of an annual fee of:
Home Improvement Contractor
Home Improvement Salesman
$15.00
$10.00
Expired licenses may be renewed within thirty days after expiration
upon payment of the annual fee and a penalty of $30.00, provided, no
previous license has been suspended or revoked, and further provided the
applicant has complied with the terms of this article.
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Section ~-~2. Bond
As a condition precedent to receiving and holding a home improve-
ment contractor's license under this ordinance, and before engaging
in business, every applicant shall file a cash bond in the amount of
Ten Thousand Dollars ($10,000.00), or a property bond secured by real
property located in the State, as approved by the Building Official or
his designee, or a performance bond duly executed under seal in
the amount of Ten Thousand Dollars ($10,000.00), with and in favor of
the City with a financially reputable corporate surety authorized to
do business in the City. The bond shall be conditioned that the
licensee and his employees shall well and truly observe and strictly
comply with all of the provisions of this ordinance and other ordinances
of the City. The City of Fairfax and the contracting home owner shall
be beneficiaries of the said performance bond. Legal or equitable
action to enforce the bond may be undertaken in the name of the City
of Fairfax or the name of the contracting home owner in a court of
competent jurisdiction.
Should the applicant offer a property bond as hereinabove provided,
then the applicant shall provide a title insurance policy insuring the
amount of the bond with the City designated as beneficiary. The
applicant shall pay the cost required to have the property bond recorded
among the land records in the appropriate jurisdiction and the City
Attorney shall cause it to be so recorded. The bond committee established
by the City shall determine whether the applicant has sufficient equity
in said property to equal the amount of Ten Thousand Dollars ($10,000.00).
The appraisal of the City Assessor shall be deemed prima facie evidence
of the fair market value of the property.
No cash bond shall be returned to any applicant, who deposited it
with the City to obtain a home improvement license, until the applicant
submits notarized releases from any and all home owners with whom the
applicant has contracts within the City or forty-five (45) days after
all work being performed within the City has been finally approved by
City inspectors; provided, however, that the cash deposit shall not
be released if a claim against the bond is pending in court until
final adjudication of the case has been made by the Judiciary.
A copy of the bond shall be provided by the applicant to each
home owner upon whose home a building permit is issued.
Section 5-33 Issuance; Form; Contents
Any license issued pursuant to this ordinance shall be on a form
prescribed and furnished by the Building Official or his designee.
The license shall bear a statement in the nature of a disclaimer of
any implied warranty by the City of any work performed by a licensee.
The Building Official or his designee shall issue an appropriate
license upon receipt of certification that the applicant is qualified
pursuant to the terms of this ordinance.
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Section ~-~4 Issuance to Certain Persons Prohibited
No person shall be issued a home improvement contractor's license
or home improvement salesman's license under this article who:
(a) Has not attained the age of eighteen (18) years.
(b) Has had his license as a home improvement contractor or
home improvement salesman revoked or suspended by any issuing
jurisdiction because of a violation of the laws of such jurisdiction
within the preceding three years.
Section 5-35 Validity of Salesman's License
The validity of every home improvement salesman's license shall
be contingent upon his being employed by a licensed home improvement
contractor. In the event that such salesman ceases to maintain such
status either because of a change in employment or because of the
contractor's loss of his license, such salesman's license shall stand
suspended until such status is regained. Salesmen holding licenses
under this ordinance shall always cause such licenses to reflect the
name of their current employer.
Section 5-36 Suspension or Revocation
The Building Official or his designee may suspend or revoke the
license of any contractor or salesman for violating the provisions
of this article or for any of the following acts:
(a) Material misstatement in an application for a license.
(b) Failure or refusal to comply with any provisions of this
ordinance or any City or State law related to home improvement work.
(c) Criminal conviction of the offense of false pretense,
larceny after trust, embezzlement or any other offense involving
fraudulent conduct.
(d) Misrepresentation or concealment of any material matter or
act relevant to the entering into the performance of a home improvement
contract.
(e) Employment of a fraudulent or misleading device, method or
practice in connection with negotiation for or performance of a contract
for home improvement work.
(f) Causing or permitting any contract or document relating to
the performance of home improvement work to be signed by a home owner
or occupant before all blank spaces are filled with easily legible
writing and before the owner or occupant has had a reasonable
opportunity to read and examine the contract or document.
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(9) Use of advertising with regard to contracting for or performing
home improvement work which is misleading or deceptive by reason of any
false statement contained in such advertising or which, by reason of
incompleteness or otherwise, may mislead or deceive.
(h) For a contractor, employing, engaging, appointing, allowing
or permitting any unlicensed person to act as a salesman for or on his
behalf.
(i) For a salesman, acting as a salesman for or on behalf of any
person other than his duly licensed employer.
(j) For a salesman, working for a contractor whose license is
suspended or revoked.
(k) The violation of The BOCA One and Two Family Dwelling Code.
Section 5-37. Notice of Denial; Suspension or Revocation; Contents;
Service
Whenever the Building Official or his designee proposes to deny,
suspend or revoke a license provided for in this ordinance he shall
cause written notice thereof to be served on the licensee which shall
include the following:
(a) Statement of facts. It shall state generally the facts
which constitute the basis for the proposed action.
(b) Designation of violation. It shall specify, where applicable,
each of the sections of this ordinance or other laws which have been
violated or not complied with.
(c) Proposed action. It shall state the action he proposed to take.
(d) Appeals procedure. It shall recite the appeal provisions for
this ordinance, the time within which such appeal may be filed and the
effective date of the denial, suspension or revocation in the event of
no appeal.
Such notice shall be deemed properly served when a copy is
personally served on the licensee or when a copy is sent by certified
mail, postage prepaid, to the address on the application of license.
If the notice affects a contractor, all salesmen in its employ shall be
mailed copies, and if the notice affects a salesman, a copy shall be
sent to his employing contractor.
Section ~-~8 Appeal from Denial, Suspension or Revocation
Any applicant denied a license required by this ordinance or any
licensee aggrieved by a notice from the Building Official or his designee
of proposed suspension or revocation of a license issued pursuant to
this ordinance may appeal such denial or proposed action of suspension
or revocation to the Board of Appeals. The Board of Appeals shall afford
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such appellant a hearing, at which time the appellant and the Building
Official or his designee may appear and present whatever evidence they
believe bears on the denial, suspension or revocation. The Board of
Appeals may affirm, modify, or reverse the decision of the Building
Official or his designee.
Section ~-~ Penalties
Any person who shall violate any provisions of this chapter shall
be subject to the penalties as specified in the Virginia Uniform State-
wide Building Code. If no penalty for the violation is specified within
the Uniform Statewide Building Code for the subject violation then the
penalty will be that prescribed in Section 1-7 of the Code of the City
of Fairfax.
Section ~-40 Constitutionality
(a) If any part or parts, section, sub-section, sentence, clause,
or phrase of this ordinance is for any reason declared unconstitutional,
such decision shall not affect the validity of the remaining portions
of this ordinance, which shall remain in full force and effect as if
this ordinance had been passed with the unconstitutional part or parts,
section, sub-section, sentence, clause or phrase hereof eliminated.
(b) It is the intention of the City Council of the City of Fairfax,
Virginia, that each separate provision of this ordinance shall be deemed
independent of all other provisions herein and it is further the intention
of the City Council that if any provisions of this ordinance be declared
invalid, all other provisions thereof remain valid and enforceable,
Section ~-41 This ordinance shall take effect immediately upon its passage.
Introduced: December 17, 1974
Adopted: March 18, 1975
ATTEST:
I~1TY' CLERK
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