Chula Vista Municipal Code Ch. 2.72 Construction Contractor and Subcontractor Reporting

CONSTRUCTION CONTRACTOR AND SUBCONTRACTOR REPORTING

Sections:

• 2.72.010 Title.

• 2.72.020 Purpose and intent.

• 2.72.030 Definitions.

• 2.72.040 Reporting requirements.

• 2.72.050 Penalty for violations.

This chapter is known as the “Construction Contractor and Subcontractor Reporting Ordinance,” may be cited as such, and will be referred to herein as “this chapter.” (Ord. 3555 § 1, 2023).

The purpose of this chapter is to protect the public health, safety, and welfare by enhancing local compliance with the California Business and Professions Code. (Ord. 3555 § 1, 2023).

When used in this chapter, the following words and phrases shall have the meanings ascribed to them below. Words and phrases not specifically defined below shall have the meanings ascribed to them elsewhere in this Code, or shall otherwise be defined by common usage. For definitions of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included.

“City” means the City of Chula Vista.

“City Manager” means the City Manager of the City of Chula Vista, or designee.

“Code” means the City of Chula Vista Municipal Code.

“Contractor” means the prime contractor or general contractor for the Project.

“Director of Development Services” means the Director of Development Services of the City of Chula Vista, or designee.

“Emergency Utility Permit Work” means work performed pursuant to a utility permit on an emergency basis in order to ensure the continued safety and reliability of public utilities.

“Inspected Work” means the scope of work to be performed, subject to issuance of a Permit and inspection by the City. Work performed on a Project that is not subject to a Permit and inspection is excluded.

“Permit” means any building permit, mechanical permit, plumbing permit, electrical permit, demolition permit, land development permit, grading permit, construction permit, utility permit, or fire permit issued for a Project.

“Permittee” means any property owner, property owner’s authorized agent, or licensed contractor who obtains a Permit for a Project.

“Person” means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination of Persons acting as a unit.

“Project” means (1) a residential or mixed-use development consisting of 20 or more dwelling units; (2) a nonresidential development that proposes 20,000 square feet or more of tenant improvements or additional new gross floor area; or (3) utility work in the City right-of-way, excluding Emergency Utility Permit Work.

“Qualifying Subcontractor” means a subcontractor of any tier performing the Inspected Work. (Ord. 3555 § 1, 2023).

A. Acknowledgement. As a condition of Permit issuance, the Permittee shall affirmatively acknowledge their obligations pursuant to this chapter.

B. Duty to Provide Information. As a condition of receiving City inspections or participating in a City preconstruction meeting, the Permittee shall, under penalty of perjury, submit the following information to the City prior to each Contractor or Qualifying Subcontractor starting work on the project:

1. The identity of each Contractor and Qualifying Subcontractor that will perform the Inspected Work, whether a sole proprietor, independent contractor, company, or other entity.

2. For each Contractor and Qualifying Subcontractor so identified:

   • a. Scope of Inspected Work to be performed.

   • b. State contractor’s license number, license category, and license expiration date, if a license is required by the California State Licensing Board to perform the identified Scope of Inspected Work.

   • c. City business license number and expiration date.

   • d. State and federal tax identification numbers.

   • e. Valid worker’s compensation insurance information, including policy number and expiration date.

   • f. Any previous and/or pending enforcement actions resulting from violations of state or federal labor law, along with any penalties paid, criminal convictions, or judgments related to the provisions of the California Labor Code or the Federal Labor Standards Act. Permittee may provide a sworn attestation from a Contractor or Qualifying Subcontractor to satisfy this requirement.

3. For work performed pursuant to a utility franchise agreement with the City, without a Permit, the information required pursuant to subsections (B)(1) and (B)(2) of this section shall be submitted to the City concurrent with providing notice of such work.

C. Duty to Update Changed Information. At any time between Permit issuance and final inspection, if a change occurs in any information submitted to the City pursuant to subsection (B) of this section, the Permittee shall submit updated information to the City within 72 hours of Permittee’s knowledge of such change, excluding weekends and Holidays. (Ord. 3555 § 1, 2023).

• A. It shall be unlawful for any Permittee to fail to comply with the requirements of this chapter.

• B. City shall withhold inspections for any Inspected Work until such compliance is achieved.

C. The Director of Development Services may issue a stop work order if more than one violation of this chapter is committed in connection with the same Permit. A stop work order issued pursuant to this chapter shall be made in writing and served on the Permittee via certified mail. Notice of such stop work order shall also be conspicuously posted at the job site of the subject Permit. Continued violations of this chapter committed in connection with the same Permit may result in extended stop work periods, up to and including 180 days.

D. The penalties specified in this section shall be the sole penalties available under local law for a violation of this chapter.

E. In accordance with CVMC 15.04.015 and 15.06.080, no Person shall perform work or cause work to be performed prior to issuance of a Permit. (Ord. 3555 § 1, 2023).

This chapter shall apply to all Permits for which a Permit application is received by the City on or after January 1, 2024. No enforcement action shall be taken pursuant to this chapter until July 1, 2024. (Ord. 3555 § 1, 2023).