§ 10-119. Demolition contractor registration.

(a)

Registration . It shall be unlawful for any person to maintain, own or operate a demolition contracting business, unless a registration issued by the building official is first obtained as provided herein.

Exceptions :

(1)

A person who demolishes fences six (6) feet or less in height, playground equipment, above ground swimming pools, sidewalks or driveways, decks, oil derricks, shade cloth structures, or mechanical equipment, residential or commercial sheds less than three hundred (300) square feet and similar accessory structures.

(2)

A property owner may demolish single story residential structures if the demolition is to be performed by the property owner with proof of ownership.

(b)

Demolition registration, insurance required, and bond .

(1)

Registration . It shall be a violation of this chapter for a person who does not hold a current city registration to engage in the demolition work for which a permit is required, or to undertake to execute such work or to cause the undertaking of such work.

(2)

Misrepresentation . It shall be a violation of this chapter for any person to represent themselves with any registration set forth in this Code or to use the words "demolition contractor", or words of similar import or meaning on signs, business cards, stationery, or by any other manner whatsoever, unless such person is properly registered within the meaning of the word used as provided in this chapter.

(3)

General liability and insurance .

a.

A registered demolition contractor shall furnish and present the name of the insurance carrier, policy number, name, address, and telephone number of the insurance agent with whom the contractor is insured to the building official or to any customer upon request.

b.

City registered demolition contractors must maintain insurance of the following types and amounts:

1.

Automobile liability insurance with limits of personal injury one hundred thousand dollars ($100,000.00) each person, three hundred thousand dollars ($300,000.00) each accident, property damage fifty thousand dollars ($50,000.00) each accident.

2.

Public liability (bodily injury) insurance with limits not less than three hundred thousand dollars ($300,000.00) for each occurrence.

3.

Public liability (property damage) insurance with limits of not less than one hundred thousand dollars ($100,000.00) for each accident and two hundred thousand dollars ($200,000.00) in the aggregate.

c.

The policy shall:

1.

Include the hazards of explosion and collapse coverage.

2.

Provide that the same shall not be cancelled until a ten-day or non-renewal has been served upon the city development services department.

3.

The City of San Antonio must be listed as certificate holder on the certificate of liability insurance.

4.

Applicant shall file with the building official certificates of insurance executed by the insurance carrier issuing said policies certifying that said insurance is in full force and effect and that the demolition operations are covered by such policies.

5.

Indemnity bond . Before such permit shall be issued, the person, firm, association or corporation applying therefore shall execute and deliver to the city, to be kept on file in the city clerk's office, a good and sufficient bond of indemnity, issued by a surety company licensed to do business in the state, in the sum of five thousand dollars ($5,000.00) to be approved by the city attorney and conditioned that the person, firm, association or corporation making such application shall promptly pay in and unto the city any and all costs, damages and expenses which said city may incur or suffer, including, but not limited to, damages to streets, sidewalks, utilities, or other public places by reason of carelessness or negligence in the performance of such demolition, or by reason of any defects caused from or arising from careless, negligent or imperfect demolition procedures, or any and all acts and omissions of said applicant, his agents, servants, or subcontractors.

(c)

Communication, ready access, and vehicle identification .

(1)

Means of communication . Every registered contractor must maintain a bona fide company address and telephone to enable the building official to contact the contractor in case of a job discrepancy. Any person holding a registration and doing work in the city shall report to the building official any change of address and telephone number in order to allow the building official to maintain accurate registration records. Acceptable means for receiving communications include, but are not limited to, a person available at the place of business, an answering machine, voice mail, a pager or a cellular telephone.

(d)

Responsibilities . A registered demolition contractor shall be responsible for exercising such supervision and control of his operations as is necessary to secure full compliance with the provisions of the adopted city requirements and all other applicable laws of the city, state and United States.

(e)

Penalties . It shall be unlawful for any person to demolish any building or structure in the city or cause the same to be done, contrary to or in violation of any of the provisions of this Code or any currently adopted building code. Any person, firm or corporation violating any of these provisions shall be deemed guilty of a separate offense for each day or portion thereof during which any violation is committed, continued, or permitted, and each separate violation shall be punishable by a fine not to exceed five hundred dollars ($500.00).

(f)

City registration cards .

(1)

A registration card, bearing the building official's signature, shall be issued to each person receiving a city registration.

(2)

Registrations shall be renewed prior to the expiration date. Each person holding a valid registration shall renew same in sufficient time to have the renewal form returned to the development services department with the appropriate renewal fee prior to the expiration date. All city registrations shall expire two (2) years after issuance. Registrations shall be renewed prior to expiration date. Each person holding a valid registration shall renew same in sufficient time to have the renewal form and insurance information returned to the department with the appropriate renewal fee prior to registration expiration date.

(3)

Each registration card, when issued to contractor shall be issued to a person and registered in the name of the firm by which the person is employed. The firm shall be known as the holder of such registration and shall notify the code official if the registration holder is no longer in its employment. No further permits will be issued to the firm based upon the previous registration holder's name who is no longer employed by the firm.

(4)

It shall be a violation of this Code for any person to alter or amend in any manner, lend, rent, or transfer a registration card, and for any person to make use of any such rights for which the person is not registered.

(5)

Each holder of a city issued card shall carry the registration card on his person at all times while performing work covered by this Code and shall present it to the building official upon demand.

(g)

Registrations not transferable . No registration shall be transferred and no holder of any registration shall allow his name or registration to be used by any other person, either for the purpose of performing demolition work or obtaining a permit under the penalty of forfeiture of said registration and payment of fines.

(h)

Violations under this section . The following list shall constitute a non-exclusive list of violations under this section. It is unlawful for any registered contractor to:

(1)

Display or cause a permit to be displayed or to have in one's possession a registration for doing any demolition work, knowing it to be fictitious or to have been canceled, suspended or altered;

(2)

Lend or permit the use of any registration for doing any demolition work to any person not entitled to it;

(3)

Allow any person to display or to represent as one's own city registration for any construction work when the registration has not been lawfully issued to the person displaying it;

(4)

Use a false or fictitious name or address in any application for any registration or permit provided for in this chapter or any renewal or make a false statement or conceal a material fact or otherwise commit fraud in making any application;

(5)

Perform any contractor work for which a registration is required without having the registration or while the registration is suspended, expired or canceled;

(6)

Perform any work for which a permit is required without having the permit or after the permit has been canceled;

(7)

Fail or refuse to make the necessary repair or changes for code violations as provided in a written notice issued by the building official. A reasonable amount of time shall be granted in the written notice taking into consideration the work to be completed and the circumstances. A separate violation is deemed to be committed each day after the expiration of the time for correction provided in the notice until the work is corrected;

(8)

Permit any work covered by this section to be performed by any person not properly registered, while in control of premises covered by this section;

(9)

Remove, break, change, destroy, tear, mutilate, cover or otherwise deface or injure any official notice or seal posted by the building official;

(10)

Place or leave the property in such condition that it injures or endangers persons or property authorized to be on the site.

(i)

Application procedures; requirements .

(1)

An applicant for an original registration or renewal must submit an application to the building official on a form established by the department.

(2)

The building official shall have the right to investigate and examine the qualifications and fitness of an applicant.

(3)

A person may not be issued a registration unless the person:

a.

Is at least eighteen (18) years of age; and

b.

Is a United States citizen or a lawfully admitted alien

(j)

Duties and powers of building official .

(1)

There is hereby vested in the building official the duty of examining the applications for contractor registrations, including the issuance, reissuance, renewal, suspension, or cancellation of such registration.

(2)

The building official shall establish procedures consistent with this Code for the issuance of registration for demolition contractors.

(3)

The building official shall have the duty to keep all registration application records. The building official shall further have the power and duty to adopt, amend, or repeal rules and regulations consistent with the provisions of this section as may be necessary for the proper administration and enforcement hereof.

(k)

Appealing a denial of registration .

(1)

Appeal to board . If either an original or renewal registration is denied, the building official shall furnish the applicant a written statement setting forth the grounds for the refusal within ten (10) working days. Such statement shall be by certified mail, return receipt requested, to the mailing address provided in the application unless the applicant is present to receive and acknowledge in writing receipt of such letter. The applicant or their representative shall then have fifteen (15) working days from receipt of notice to appeal the building official's decision in accordance with section 10-14 of this chapter.

(2)

Nothing in this section shall be interpreted as to deny a subsequent application at the expiration of one year from denial of initial registration.

(l)

Fees and registration period . The application fee for contractor registration shall be as set forth in this section.

(1)

An initial registration fee of eighty five dollars ($85.00) is required and said registration shall be valid for a period of two (2) years. The registration holder shall be required to re-register every two-year period of time and pay a fee of thirty-five dollars ($35.00) for each two-year period of time to maintain registration.

(m)

Cancellation and suspension of registration; appeals .

(1)

A contractor's registration may be cancelled or suspended by the building official after a hearing before the building official if the registered contractor is convicted of any penal offense arising out of or related to the performance of a demolition contract or the registered contractor suffers a judgment against them in a civil action predicated upon fraud in connection with the performance of a demolition contract.

(2)

The building official may also administratively cancel or suspend a registration after a hearing before the building official for any one or more of the following reasons:

a.

Conviction or entering a plea of guilty or nolo contendre (no contest) in connection with a violation of any adopted technical construction code or amendments thereto in the state;

b.

Making any false statement as to a material matter in an application for registration, renewal or hearing in connection with same;

c.

Three (3) separate violations as detailed in subsection 10-119(h) of this chapter, provided the violations occur within the previous 12-month period;

d.

Upon judicial determination of an abandonment or willful failure to perform any demolition contract or project in or undertaken by a registered contractor, or willful deviation from or disregard of plans or specifications in any material respect;

e.

With knowledge, the demolition contractor directly or indirectly published any advertisement relating to demolition work which contains assertions, representations or statements which are false, deceptive or misleading;

f.

Failure of the demolition contractor to notify the building official of any change in the ownership, management, or business name;

g.

Conducting a demolition contractor business in any name other than the one registered;

h.

Obtaining a demolition permit for an unregistered contractor or for one whose registration has been suspended, cancelled or denied.

i.

Upon judicial determination of fraud on the part of a contractor in the execution of or in the material alteration of any contract or mortgage, promissory note or other document relating to said contract;

(3)

The building official may take any of the following actions against the holder of the certificate of registration:

a.

No suspension.

b.

Suspension for thirty (30) days.

c.

Suspension for sixty (60) days.

d.

Suspension for ninety (90) days.

e.

Suspension for one hundred eighty (180) days.

f.

Cancellation.

(4)

The building official shall send the registered contractor a written notice of any administrative action to be taken against the registered contractor by certified mail, return receipt requested, at the last known mailing address. The notification shall give not less than ten (10) working days' notice of the hearing. The building official is authorized to conduct hearings for the purpose of making findings of fact to assist him in making his decision.

(5)

A written decision to cancel or suspend a registration shall be required and list the reasons for the building official's decision. This written decision shall be forwarded to the registered contractor by certified mail, return receipt requested to the registered contractor's last known address. This mailing may be waived provided that the registered contractor sign and acknowledge receipt of the written decision from the building official. The registered contractor shall then have fifteen (15) days from receipt of this notice to appeal the building official's decision to the building-related and fire codes board of appeals. The decision of the building official shall be final after expiration of this time.

(6)

Board appellate process .

a.

A registered contractor shall have the right to appeal the building official's decision in accordance with section 10-14 of this chapter.

b.

A perfected appeal tolls the building official's decision to suspend or cancel the registration until the board renders its decision.

c.

Neither the board nor the building official shall have any authority to suspend a registration for longer than one hundred eighty (180) days.

d.

A cancellation shall prevent the contractor from pulling new permits for a period of at least one year. For purposes of this section, a cancellation of a registration does not alleviate the registered contractor from performing current obligations or absolve them from liability under a contract. In performing currently permitted obligations while cancelled, the contractor shall not be subject to penalty for being unregistered. All other code provisions are applicable. Upon the expiration of a one-year period, a contractor may apply for a new registration. No provision of this section shall be interpreted to mean that a new registration will be issued after a prior registration has been cancelled. A denied applicant for a new registration is required to wait one year before applying again. There shall be no limit on the number of times a denied applicant may reapply.

e.

A suspension shall prevent the registered contractor from pulling new permits in the city for the suspension time period. A suspension of registration does not alleviate the registered contractor from performing currently permitted obligations under the contract. The contractor shall not be subject to penalty for operating while suspended when performing currently permitted obligations. However, all other code provisions apply. The board's decision to affirm or affirm as modified a suspension of a registration means that the suspension time begins the following working day.

(n)

Demolition permit; in general .

(1)

No person, firm, association or corporation shall demolish any building or structure in the city, or cause the same to be done, without first obtaining a demolition permit for each such building or structure authorized by the city.

(2)

Every demolition permit shall be valid during the time outlined in the permit. If demolition is not complete, the director of development services may extend the permit upon request of the applicant.

(o)

Application requirements .

(1)

Applications for demolition permits shall require the following information:

a.

Name and address of demolition contractor.

b.

Name and address of building and property owners including a notarized letter authorizing demolition of building or structure.

c.

Except for single-family residence and other single story buildings where it is not possible for debris to fall on public walkways or thoroughfares, the building official shall require an engineering report, prepared by a qualified registered professional engineer, of the building or structure to be demolished so as to determine the condition of the framing, floors and walls, copy of which is to be filed with the building official.

d.

The demolition contractor shall be required to prepare a complete plan and schedule for demolition to be filed with the building official. Should the plan and schedule be changed at any time, the changes must be approved by the building official and a copy of such changes must be filed with the building official.

e.

The location site of the disposal of debris and the proposed route to be used to disposal site.

f.

Applicant shall submit the current demolition registration number and bond materials of the demolition contractor who has been hired to perform the work. All demolition contractors, as defined in this chapter, shall be registered and bonded. Any substitution of contractor listed in the application shall be reported to the building official with appropriate registration and bonding materials. A failure to notify the building official shall result in administrative and/or criminal and/or civil penalties. It shall be an affirmative defense to prosecution that substitute contractor was registered and bonded at the time.

g.

Supplemental materials as prescribed by the building official.

(p)

Miscellaneous provisions .

(1)

No structural or load-supporting members, which would affect the stability of the structure, shall be cut or removed from any story until all construction materials above such a story have been completely demolished and removed.

(2)

No material shall be dropped to any point outside the exterior walls of the structure except in enclosed chutes.

(3)

In masonry construction, the demolition of exterior walls and floor construction shall be removed and dropped into the storage space before commencing the removal of exterior walls and floor in the story below.

(4)

In buildings with a structural steel frame member type construction, the steel framing may be left in place during the demolition of masonry. Where this is done, all steel beams girders and similar structural supports shall be cleared of all loose material as the masonry demolition progresses downward.

(5)

No wall, chimney or other structural part shall be left at the end of each shift in such condition that it may collapse due to wind, vibration or any other cause.

(6)

Upon the completion of demolition operations, the site shall be completely cleared of rubbish, brush, weeds and other debris. The site must be left free of ponds and underground tanks shall be removed. Basement slabs shall be broken up to allow drainage and septic tanks, wells, cesspools, and cisterns shall be broken open and filled in.

(7)

Security service during non-working hours shall be provided by the contractor.

(8)

Where shown to be necessary in the plan for demolition, the city shall coordinate and approve the blocking of walkways, thoroughfares and alleys to protect the public.

(9)

The city council may issue a permit for selective use of explosives for demolition purposes if the contractor has complied with all of the conditions of this chapter and if the plan for selective demolition by the use of explosives is conducted in accordance with §§ 1926.900—1926.914 inclusive of Subpart "U" of the Rules and Regulations of the Occupational Safety and Health Administration of the Department of Labor, 29 CFR, part 1926, subpart U.

(q)

Demolition fee schedule .

Demolition Registration Fees
Demolition Contractor
Initial—City Registration/2 year registration	$85.00
Renewal—City Registration/2 year registration	$35.00
Duplicate—City Registration Card (plus tax)	$5.00
Demolition Permit Fees
Residential	$75.00
Commercial
Single-story	$100.00
2—3 stories	$200.00
>3 stories	$650.00

 

(Ord. No. 2018-06-21-0493 , § 1, 6-21-18)