As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended.
“Contractors,” when used in this chapter, means any person engaged in the business of contracting business within the city of Wilmington constructing, altering or repairing buildings and/or other structures, sidewalks, driveways, street pavements, decks, fences, doors, windows, gutters, siding, pools, spas and/or professional landscaping.
The term “contractors” includes, but is not limited to:

General maintenance business

Cement, concrete, seal-coat and/or paving contractors

Tile workers, bricklayers, tuck-pointing and/or masonry contractors

Carpentry contractors

Lathing contractors

Roofing and/or waterproofer contractors

Heating contractors, air-conditioning and/or refrigeration contractors

Drain layers, steam fitting and/or plumbing contractors

House moving, raising or shoring contractors

Electrical contractors

General contractors

Sheet metal contractors

Glazing contractors

Dry wall, plasters and/or insulator contractors

Painting contractors

Professional landscaping, sprinkler and/or tree planting and/or removal contractors

Resulting contractors

Tent and awning contractors

Operating engineers
“General contractor” means a contractor whose services are unlimited as to the type of work which he or she may do, who may contract for any activity requiring license under this chapter, and who may perform any work requiring license under this chapter.
“Building contractor” means a contractor whose services are limited to construction of commercial buildings and single-dwelling or multiple-dwelling residential buildings, which commercial or residential buildings do not exceed three stories in height, and accessory use structures in connection therewith or a contractor whose services are limited to remodeling, repair, or improvement of any size building if the services do not affect the structural members of the building.
“Residential contractor” means a contractor whose services are limited to construction, remodeling, repair, or improvement of one-family, two-family, or three-family residences not exceeding two habitable stories above no more than one uninhabitable story and accessory use structures in connection therewith.
“Sheet metal contractor” means a contractor whose services are unlimited in the sheet metal trade and who has the experience, knowledge, and skill necessary for the manufacture, fabrication, assembling, handling, erection, installation, dismantling, conditioning, adjustment, insulation, alteration, repair, servicing, or design, when not prohibited by law, of ferrous or nonferrous metal work of U.S. No. 10 gauge or its equivalent or lighter gauge and of other materials, including, but not limited to, fiberglass, used in lieu thereof and of air-handling systems, including the setting of air-handling equipment and reinforcement of same, the balancing of air-handling systems, and any duct cleaning and equipment sanitizing which requires at least a partial disassembling of the system.
“Roofing contractor” means a contractor whose services are unlimited in the roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, when not prohibited by law, and use materials and items used in the installation, maintenance, extension, and alteration of all kinds of roofing, waterproofing, and coating, except when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life of the roof.
“Class A air-conditioning contractor” means a contractor whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air-conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air-distribution system, boiler and unfired pressure vessel systems, and all appurtenances, apparatus, or equipment used in connection therewith, and any duct cleaning and equipment sanitizing which requires at least a partial disassembling of the system; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, and pneumatic control piping; to replace, disconnect, or reconnect power wiring on the load side of the dedicated existing electrical disconnect switch; to install, disconnect, and reconnect low voltage heating, ventilating, and air-conditioning control wiring; and to install a condensate drain from an air-conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring.
“Class B air-conditioning contractor” means a contractor whose services are limited to 25 tons of cooling and 500,000 BTU of heating in any one system in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air-conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air-distribution system being installed under this classification, and any duct cleaning and equipment sanitizing which requires at least a partial disassembling of the system; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping and insulation of pipes, vessels, and ducts; to replace, disconnect, or reconnect power wiring on the load side of the dedicated existing electrical disconnect switch; to install, disconnect, and reconnect low voltage heating, ventilating, and air-conditioning control wiring; and to install a condensate drain from an air-conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring.
“Mechanical contractor” means a contractor whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air-distribution system, boiler and unfired pressure vessel systems, lift station equipment and piping, and all appurtenances, apparatus, or equipment used in connection therewith, and any duct cleaning and equipment sanitizing which requires at least a partial disassembling of the system; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, pneumatic control piping, gasoline tanks and pump installations and piping for same, standpipes, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines, and natural gas fuel lines within buildings; to replace, disconnect, or reconnect power wiring on the load side of the dedicated existing electrical disconnect switch; to install, disconnect, and reconnect low voltage heating, ventilating, and air conditioning control wiring; and to install a condensate drain from an air-conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring.
“Commercial pool/spa contractor” means a contractor whose scope of work involves, but is not limited to, the construction, repair, and servicing of any swimming pool, or hot tub or spa, whether public or private, or otherwise, regardless of use. The scope of work includes the installation, repair, or replacement of existing equipment, and cleaning or equipment sanitizing which requires at least a partial disassembling, excluding filter changes, and the installation of new pool/spa equipment, interior finishes, the installation of package pool heaters, the installation of all perimeter piping and filter piping, and the construction of equipment rooms or housing for pool/spa equipment, and also includes the scope of work of a swimming pool spa servicing contractor. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines. The installation, construction, modification, or replacement of equipment permanently attached to and associated with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires licensure; however, the usage of such equipment for the purposes of water treatment or cleaning shall not require licensure unless the usage involves construction, modification, or replacement of such equipment. Water treatment that does not require such equipment does not require a license. In addition, a license shall not be required for the cleaning of the pool or spa in any way that does not affect the structural integrity of the pool or spa or its associated equipment.
“Residential pool/spa contractor” means a contractor whose scope of work involves, but is not limited to, the construction, repair, and servicing of any residential swimming pool, or hot tub or spa, regardless of use. The scope of work includes the installation, repair, or replacement of existing equipment, any cleaning or equipment sanitizing which requires at least a partial disassembling, excluding filter changes, and the installation of new pool/spa equipment, interior finishes, the installation of package pool heaters, the installation of all perimeter piping and filter piping, and the construction of equipment rooms or housing for pool spa equipment, and also includes the scope of work of a swimming pool/spa servicing contractor. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines. The installation, construction, modification, or replacement of equipment permanently attached to and associated with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires licensure; however, the usage of such equipment for the purposes of water treatment or cleaning shall not require licensure unless the usage involves construction, modification, or replacement of such equipment, or the replacement of such equipment. Water treatment that does not require such equipment does not require a license. In addition, a license shall not be required for the cleaning of the pool or spa in any way that does not affect the structural integrity of the pool or spa or its associated equipment.
“Plumbing contractor” means a contractor whose contracting business consists of the execution of contracts requiring the experience, financial means, knowledge, and skill to install, maintain, repair, alter, extend, or, when not prohibited by law, design plumbing. A plumbing contractor may install, maintain, repair, alter, extend, or, when not prohibited by law, design the following without obtaining any additional local regulatory license, certificate, or registration; sanitary drainage or storm drainage facilities; venting systems; public or private water supply systems; septic tanks; drainage and supply wells; swimming pool piping; irrigation systems; or solar heating water systems and all appurtenances, apparatus, or equipment used in connection therewith, including boilers and pressure process piping and including the installation of water, natural gas (excluding liquid petroleum gases), and storm and sanitary sewer lines; and water and sewer plants and substations. The scope of work of the plumbing contractor also includes the design, when not prohibited by law, and installation, maintenance, repair, alteration, or extension of air-piping, vacuum line piping, oxygen line piping, nitrous oxide piping, and all related medical gas systems; fire line standpipes and fire sprinklers to the extent authorized by law; ink and chemical lines; fuel oil and gasoline piping and tank and pump installation, except bulk storage plants; and pneumatic control piping systems, all in such a manner as to comply with all plans, specifications, codes, laws, and regulations applicable. The scope of work of the plumbing contractor shall apply to private property and public property, shall include any excavation work incidental thereto, and shall include the work of the specialty plumbing contractor. Such contractor shall subcontract, with a qualified contractor in the field concerned, all other work incidental to the work but which is specified herein as being the work of a trade other than that of a plumbing contractor.
“Specialty contractor” means a contractor whose scope of work and responsibility is limited to a particular phase of construction and whose scope is limited to a subset of the activities described in the categories established in one of the listed categories.
“Electrical contractor” means a person who conducts business in the electrical trade field and who has the experience, knowledge, and skill to install, repair, alter, add to, or design, in compliance with the law, electrical wiring, fixtures, appliances, apparatus, raceways, conduit, or any part thereof, which generates, transmits, transforms, or utilizes electrical energy in any form, including the electrical energy in any form, including the electrical installations and systems within plants and substations, all in compliance with applicable plans, specifications, codes, laws, and regulations. The term means any person, firm, or corporation that engages in the business of electrical contracting under an express or implied contract; or that undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to engage in the business of electrical contracting; or that does itself or by or through others engage in the business of electrical contracting.
“Carpentry contractor” means a contractor whose services are generally limited to fabrication and installation of any wood product in a structure including, but not limited to rough framing, structural and nonstructural work, trusses, sheathing, paneling, trim, cabinetry, doors and windows (including metal) and all hardware incidental thereto. May not contract for concrete, masonry, roofing, dry wall or other work not listed. This contractor may not act as the prime contractor or secure permits for any structure, but may subcontract work from other contractors.
“Carpentry contractor, finish” means a contractor whose services are generally limited to installation of wood products including paneling, trim, cabinets, doors, windows, (including metal) and all hardware incidental thereto. May not contract for concrete, masonry, roofing, drywall or other work not listed. This contractor may not act as the prime contractor or secure permits for any structure, but may subcontract work from other contractors.
“Ceramic tile setting contractor” means a contractor whose services are limited to application or installation of ceramic tile, marble and other types of hard tile for interior waterproofing and cosmetic purposes.
“Concrete forming, placing and finishing contractor” means a contractor whose services are generally limited to constructing forms, and framework for the casting and shaping of concrete; placing reinforcement, batching and mixing aggregates, cement and water to agreed specifications and to placing and finishing concrete.
“Concrete placing and finishing contractor” means a contractor whose services are generally limited to pouring, placing and finishing concrete flatwork (floors, slabs on grade, sidewalks, etc.) including placement of edge forms, mesh reinforcement and plastic vapor barriers incidental thereto.
“Concrete/masonry contractor” means a contractor whose services are generally limited to selecting, cutting and laying brick or other baked clay products, or concrete block or other unit masonry products, or pre-cast block, structural glass brick or block; and to pouring, placing and finishing concrete flatwork including placement of edge forms, mesh reinforcement and plastic vapor barriers incidental thereto. This contractor may not secure permits except for the construction of a fireplace, wall, slab only or other similar construction where no enclosed or covered structure is to be constructed.
“Masonry contractor” means a contractor whose services are generally limited to selecting, cutting and laying brick or other baked clay products, or concrete block or other unit masonry products, or pre-cast block, structural glass brick or block. This contractor may not secure permits except for the construction of a fireplace, wall or other similar construction where no enclosed or covered structure is to be constructed.
“Dry wall contractor” means a contractor whose services are limited to the installation of metal studding for non-load bearing interior partitions in connection with dry wall application and the application and finishing of dry wall boards, including sprayed finishes.
“Dry wall hanging contractor” means a contractor whose services are limited to the application of dry wall boards. May install metal studding for non-load bearing interior partitions in connection with dry wall application.
“Dry wall finishing contractor” means a contractor whose services are limited to the finishing, including sprayed finishes, of dry wall.
“Insulation contractor” means a contractor whose services are limited to installation or placement of insulation in walls, attics, etc., in compliance with the International BOCA Energy Code.
“Painting contractor” means a contractor whose services are limited to interior and exterior surface preparation, coating and painting on commercial and residential structures.
“Siding contractor” means a contractor whose services are limited to fabrication and on-site installation of aluminum, vinyl or other non-wood material for siding, facia, soffit, gutter, etc.
“Stucco, lath and plastering contractor” means a contractor whose services are limited to application or installation of these materials: stucco, simulated brick or stone, metal lath including studs and runners to which metal lath is applied, materials for waterproofing and cosmetic work.
“Specialty structure contractor” means a contractor whose scope of work and responsibility are limited to the execution of contracts requiring the experience, knowledge and skill necessary for the fabrication, assembling, handling, erection, installation, dismantling, adjustment, alteration, repair, servicing and design work when not prohibited by law in accordance with accepted engineering data and/or according to manufacturer’s specifications in the aluminum, metal, canvas, vinyl and fiberglass screening, and allied construction materials. The scope of such work shall include and be limited to fabric coverings on metal substructures, screened porches, screened enclosures, pool enclosures, preformed panel-post and beam roofs, mobile home panel roof-overs, residential glass window and door enclosures, vinyl panel window enclosures, single story self-contained aluminum utility storage structures (not to exceed 500 sq. ft.), siding soffit, fascia and gutters. The scope of such work shall include woodwork incidental to the aluminum and allied materials construction work. It shall be limited to the construction of wood framing for the walls of uninhabitable utility storage structures, raised wood decks for enclosures, and the repair and/or replacement of wood incidental to the installation of siding, soffit, fascia, gutters and preformed panel-post and beam roofs. The scope of such work shall include masonry concrete work and be limited to foundations, slabs and block kneewalls incidental to the aluminum and allied construction materials construction work. The specialty structure contractor, whose services are limited, shall not perform any work that alters the structural integrity of the building, including but not limited to, roof trusses, lintels, load bearing walls and foundations. The specialty structure contractor shall subcontract, with a licensed qualified contractor in the field concerned, all other work incidental to that which is defined herein, but which is the work of a trade other than that of a specialty structure contractor. (Ord. 1595, passed 12-16-03)

No person shall act or perform any services as a contractor or subcontractor within the city of Wilmington without first having obtained a contractor’s registration therefor, as provided in this chapter. (Ord. 1595, passed 12-16-03)

An application for a contractor’s registration fee shall be made in conformity with the general requirements of this code relating to applications for registration. The application shall also set forth the number of individual employees of the applicant who will be operating under such registration, the type of contracting activity for which a license is requested, and a statement that the applicant agrees to comply with this chapter and all other applicable provisions of this code. (Ord. 1595, passed 12-16-03)

It shall be the absolute and irrevocable responsibility of all contractors registered hereunder to secure the appropriate and necessary building permits required by this code before undertaking to construct, alter, repair, add to, subtract from, improve, move, wreck or demolish the whole or any part of any building, structure or sidewalk or street pavements or professional landscaping or tree removal or maintenance business. It shall also be the duty of all contractors registered hereunder to comply with all the provisions of this code relating to or regulating their activities as contractors and, in addition thereto, to remove or cause to be removed at least once each week from the site of the contractor’s activities all trash, refuse and waste materials. Contractors shall at all times keep the site of activities in an orderly condition, free from standing water, unguarded dangerous implements, and health and safety hazards. Contractors shall not obstruct traffic, streets or sidewalks nor permit dirt or waste materials from falling or being carried onto public ways. (Ord. 1595, passed 12-16-03)

The provisions of this chapter are declared to be of a regulatory nature, and it shall be the duty of the building inspector/code enforcement officer, as deemed necessary, to inspect, or cause to be inspected, the site of contractor’s activities and to investigate whether persons engaged as contractors are properly registered and that their activities are being conducted and operated in accordance with the applicable provisions of this code. (Ord. 1595, passed 12-16-03)

The registration fee for each type of contractor or any combination thereof to be issued to any contractor shall be $100 per year or any part of a year. The registration shall be valid between January 1 and December 31 of the same year, and if the registration is issued after January 1 of any year, it shall expire on December 31 of the same year. Each contractor shall complete a registration application prepared by the city hall staff. (Ord. 1595, passed 12-16-03)

Any contractor’s registration may be revoked for failure to comply with the terms of this chapter or repeated violations of any ordinance relating to the construction, alteration or repair of any building or structure, the use of the streets, the replacing of streets, sidewalks or parkways, or professional landscaping or tree removal or maintenance business or any other ordinance relating to the work performed by such contractor. Such revocation shall be in addition to any fine imposed for violating this chapter or any other ordinance of the city. (Ord. 1595, passed 12-16-03)

No registration shall be issued, or reissued, to any contractor required to be registered by this chapter unless a certificate or other proof is filed showing that the contractor carries workmen’s compensation insurance in statutory amounts and public liability insurance with limits of at least $100,000 for each person, $250,000 for each accident on bodily injury liability and $100,000 on property damage liability. (Ord. 1595, passed 12-16-03)

The purpose of this chapter is to regulate business. The city makes no guarantee or warranty that the work of any registered holder will be free from defects, safe, or fit for the purpose for which it is intended. (Ord. 1595, passed 12-16-03)

No registration shall be issued, or reissued, to any contractor that is required to be registered by this chapter unless a copy of a valid and up to date state license is received. This is for a plumbing contractor, roofer or other contractors who are required to obtain a license by state law. (Ord. 1595, passed 12-16-03)

Any person, firm or corporation violating any provision of this title, for which another penalty is not provided, shall for a first offense be fined not less than $50 nor more than $750, for a second offense within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent offense within one year after the first offense, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 1595, passed 12-16-03)