§ 5-303. Exemptions.

The provision of this article shall not apply to the following:

(1)

Any person certified by the state construction industry licensing board; the state electrical contractors licensing board; the state division of liquified petroleum gas; the state fire marshal's office; or the state of motor vehicles (mobile home division).

(2)

Any owner-builder of residential property who is building, altering, improving, or repairing farm outbuildings or one single-family residence for the occupancy or use of such owner and not intended or offered for sale, lease, or rent, may do so without qualifying for a certificate of competency. However, the application for a building permit or construction of more than one single-family residence within a one-year period shall be construed as engaging in the construction business, and said owner shall be required to secure a certificate of competency before the second permit would be issued. In all actions brought under this subsection, proof of the sale or offering for sale or lease or rent of more than one structure the owner-builder within one year after completion of same shall be presumptive evidence that such structure was undertaken for the purpose of sale or lease or offer to lease. In no event, shall an owner make direct connection to any sanitary sewer or potable water supply system or to any house electrical panel or other approved electrical source, except upon final inspection and approval by the county building official or his designated representative.

(3)

Employees of any contractor who are subordinates of a person holding a valid certificate of competency to engage in such contracting business, if the employees do not hold themselves out for hire or engage in contracting except as an employee.

(4)

Public utilities performing construction, maintenance, and development work by their forces and incidental to their business.

(5)

Any authorized employee of the United States government; the state irrigation district or reclamation district; or any municipality, city, county or other municipal or political corporation or subdivision of this state as long as said employee does not hold himself out for hire or otherwise engage in the contracting profession except in accordance with his public employment.

(6)

Any person who merely furnishes materials or supplies without fabricating them into or consuming them in the performance of the work of the contractor.

(7)

Any owner of residential property constructing, installing, repairing, servicing, altering, or maintaining any swimming pool utilized for therapy, swimming, or other private use of owner of such property and not intended or offered for sale. An owner of residential property may construct one pool for his own use without qualifying for a certificate of competency, but the application for a building permit for more than one swimming pool within one year's time shall be construed as engaging in the construction business, and said owner shall be required to secure a certificate of competency before the second permit will be issued. In all actions brought under this subsection, proof of the sale or offering for sale of more than one parcel of residential property by the owner-builder within one year after completion of the construction of a pool on such property shall be presumptive evidence that such construction was undertaken for the purpose of sale.

(8)

Any person performing the skilled work of installing roofing, waterproofing, sheet metal, electrical, plumbing, gas or H.A.R.V. fixtures or systems, or any part thereof while under the direct supervision and control of a journeyman, or contractor duly qualified and certified by the board in said field; provided, however, that:

a.

In no event shall any electrical or plumbing journeyman have more than five (5) such persons under his direct supervision and control at any time.

b.

For the purpose of this subsection, the term "direct supervision and control" shall be deemed to require the actual presence at the job site of any journeyman acting in such supervisory capacity.

(Ord. No. 90-16, § 7, 7-3-90; Ord. No. 92-3, § 7, 2-11-92)