Sec. 342.111. - Responsibilities of certified craftsmen.

(a) It is unlawful for a qualifying agent to allow his name to be used to obtain permits for work: (1) Which is to be done by anyone who is not a bona fide employee of the contracting business entity certified by the Board or by the State. (2) Which is not done under the supervision, direction and control of the qualifying agent. (b) It is the responsibility of the qualifying agent or maintenance craftsman obtaining a permit under his name to ensure that: (1) Work done under the permit complies with the laws and regulations related to the work. (2) The work is done by craftsmen holding valid certificates where required. For this purpose, a certified or registered craftsman is deemed to do the work if he is in direct charge of the work, is continuously present on the site where the work is being done and is assisted by no more than four helpers. (c) It is unlawful for a qualifying agent, master, journeyman, serviceman, installer craftsman or property maintenance craftsman: (1) To do or assist in work for which a permit has been issued to an owner. (2) To do work for which no permit has been issued where a permit is required. (d) Each qualifying agent shall register with the Board the name and address of his employer. Each craftsman employed as a maintenance craftsman or property maintenance craftsman shall register with the Board by application as stated in Section 342.112 (e) the name and address of his employer and the address of the location where the maintenance craftsman or property maintenance craftsman will perform maintenance or minor repair work. No craftsman shall be employed as a maintenance craftsman or property maintenance craftsman by more than one employer at a time or for more than two employers in a 30-day period. No property maintenance craftsman shall serve as a qualifying agent. No certificate holder shall serve as a qualifying agent for more than one business entity at a time or for more than two business entities in a 12-month period. (e) Each qualifying agent and each maintenance craftsman shall promptly notify the Executive Director of the Board of a change in employment. If a contractor has obtained a permit for work to be done under the supervision of a master craftsman serving as a qualifying agent who later leaves the contractor's employ, work authorized by the permit may be done by qualified journeyman craftsmen notwithstanding the lack of supervision by a master craftsman, but only as provided in Section 342.115 (c). If a contractor has obtained a permit for work to be done under the supervision of a qualifying agent not holding a master certificate, who later leaves the contracting entity's employ, work authorized by the permit may be completed under the supervision of the business entity's proprietors, partners, or directors as regulated by Section 342.120 . (f) Where a master craftsman or applicant has notified the Board, by endorsement of an application for a contractor's certificate or otherwise, that he is serving as qualifying agent for a contracting business entity, the qualifying agent shall be held responsible for assuring that work done by the contractor is in compliance with all provisions of this Code applicable thereto and the laws of the State applicable to the regulation of contractors in the construction trades. A qualifying agent is required to carry out the responsibilities delineated by law and, if a qualifying agent allows his certificate to be used by a company without having an active participation in the operations, management or control of that company, this act constitutes prima facie evidence of an intent to evade the law. It is the express intent of these regulations that a qualifying agent will be physically capable of carrying out his responsibilities at all times while serving in that capacity. (g) A craftsman who holds a certificate of competency with the Board as a maintenance craftsman shall be held responsible for assuring that all maintenance and minor repair work done by him or under his supervision is in compliance with all applicable provisions of this Code. A maintenance craftsman is responsible for obtaining a permit where required. The Board shall ensure that each craftsman employed as a maintenance craftsman is fully aware of his responsibilities before such craftsman is approved to obtain permits. (h) Any governmental agency or multifamily rental property owner desiring to qualify maintenance craftsman for the sole purpose of maintaining and making minor repairs to their own systems, apparatus and equipment may do so regardless of the number of addresses, provided they meet the qualifications outlined in this Chapter. (i) Each property maintenance craftsman shall promptly notify the Executive Director of the Board of a change in employment. (j) A craftsman who holds a certificate of competency with the Board as a property maintenance craftsman shall be held responsible for assuring that all maintenance and minor repair work is in compliance with the applicable provisions of this code. (Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-218-140, § 7; Ord. 74-275-118, § 4; Ord. 81-98-403, § 5; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 13; Ord. 87-352-168, § 2; Ord. 88-39-36, § 1; Ord. 90-1043-562, § 5; Ord. 90-1159-567, § 3 ; Ord. No. 91-1153-467, § 2; Ord. 93-1691-1043, § 3; Ord. 97-809-E, § 3; Ord. 2001-732-E, § 1; Ord. 2002-1040-E, § 1)