Buena Park Municipal Code Ch. 5.62 Contractor Licensing and Disclosure Requirements

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section.

"Contractor" or "subcontractor"

shall have the same meaning as in Section 5.04.170 of this chapter.

"Permit"

shall mean a permit that is required by Title 15 (Building and Construction Safety), Chapter 12.08 (Streets and Sidewalks), or by any other provision of this code in order to engage in building, construction, plumbing, electrical, painting, plastering, masonry, floor finishing, landscaping, or any other work on buildings or grounds for which a license is required by the state of California.

"Person"

means an individual or his or her agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or the state or its agencies or political subdivisions.

"Project"

shall mean any development project within the city that meets any of the following criteria: the development is a residential project for the construction of 20 or more new residential dwelling units; the development is a commercial or industrial project for the construction or addition of 20,000 or more square feet; or, regardless of the type of development, the value of the project is $5 million or more with reference to the value used for calculating applicable permit application fees.

(Ord. 1752, 5/13/2025)

No person shall be issued a permit to perform work that requires a permit under this code unless the person is:

A. A licensed contractor with the appropriate license issued by the California Contractors State License Board;

B. An employee, agent or authorized representative of a licensed contractor;

C. A representative of an electronically subscribed service acting on behalf of a licensed contractor;

D. The property owner performing their own work; or

E. An employee of the owner, provided that the owner shows evidence of workers' compensation insurance required by state or city laws or regulations, and their federal tax identification number.

(Ord. 1752, 5/13/2025)

A. A person applying for a permit under this code to perform work on a project shall submit the following information at the time of permit issuance and prior to the commencement of work:

1. A list of all subcontractors and verification of each subcontractor's workers' compensation insurance, state contractor license and license category, city business license and federal tax identification number.

2. A disclosure of any pending or final determinations pertaining to state or federal labor code violations and any penalties paid to a government agency related to the provisions of the California Labor Code within the prior five years for all subcontractors.

B. In the event an applicant cannot provide a list of valid subcontractors and the information required by subsection A at the time of permit application, the applicant shall provide such information to the city within a reasonable period of time after issuance of the permit and in all cases prior to commencement of any work under the permit.

C. The information specified in subsection A shall be required when any new contractor or subcontractor is added to a permit.

D. If at any time after permit issuance a change occurs in any information submitted to the city pursuant to this section, including addition of a subcontractor, the contractor shall submit updated information to the city within a reasonable period of time following the contractor becoming aware of such change, and in all cases prior to the contractor or subcontractor that is impacted by the change or addition performs work under the permit. If a contractor is a subcontractor, the subcontractor must submit updated information to the contractor within a reasonable period of time following the subcontractor becoming aware of such change, and in all cases prior to the subcontractor performing work under the permit.

(Ord. 1752, 5/13/2025)

Any person that fails to provide all information required under subsection A of Section 5.62.030, including valid and current subcontractor listings prior to commencing work, or otherwise fails to comply with the requirements of this chapter, may, in the discretion of the building official, be subject to an administrative citation and fines pursuant to Chapter 1.04 of this code.

(Ord. 1752, 5/13/2025)