There is an On-Site Utility Contractors Board of Baltimore City. The Board consists of the following 5 members:the Commissioner or designee; the Director of Construction and Buildings Inspection or designee; the Director of Public Works or designee; a member, appointed by the Mayor, who is an on-site utility contractor licensed by the City and resides in or has a place of business in the City; and a member, appointed by the Mayor, who is a master plumber licensed by the State, has at least 2 years’ experience in utility construction, and resides in or has a place of business in the City. Appointments to the Board are to be made without regard to the appointee’s political affiliation. The appointed members of the Board:serve without compensation; but are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. The Commissioner serves as the Board’s chair. Ord. 02-475 Ord. 16-503

To safeguard the health and safety of the people of the City, the Board may: subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, adopt rules, regulations, and specifications governing the qualification and licensing of on-site utility contractors in the City; develop and administer examinations to test an applicant’s knowledge of on-site utility work, if the Board considers testing necessary in a particular case; accept applications for licensure as an on-site utility contractor; issue, deny, suspend, and revoke licenses as necessary or appropriate; and hold hearings on proposed denials, suspensions, and revocations. Ord. 02-475 Text Conformed 02/19/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed item (1) to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

The Commissioner of Health or the Commissioner’s representative must consult with the Board as necessary from time to time. Ord. 02-475

No person may perform or directly supervise any on-site utility work in the City unless licensed to do so under this subtitle. Ord. 02-475

The license may be issued only to an individual and not to a firm or corporation. For every firm or corporation doing or contracting to do on-site utility work, a license must be obtained:by at least 1 member of the firm or 1 officer of the corporation; and by every on-site supervisor of the on-site utility work. Ord. 02-475

An applicant for a license must furnish evidence satisfactory to the Board that the applicant meets the qualifications set by the Board. These qualifications must:be comparable to the prequalification criteria set for contractors in Baltimore City and neighboring jurisdictions; and include, but not be limited to, at least 2 years’ experience in the installation of building sanitary sewer, building storm water sewer, and water service pipe utilities. The Board may consider, but not give conclusive weight to, the fact that an applicant:possesses a current on-site utility contractor’s license, or its equivalent, issued by another political subdivision of this State; or is an officer or employee of a firm or corporation currently prequalified with the City to perform Category B utilities construction work. Ord. 02-475

Before any person may be issued an on-site utility contractors license, the person must deliver to the Commissioner a good and sufficient bond satisfactory to the Commissioner, in the name of the City of Baltimore. The bond must be:for the amount of $2,500; and conditioned on:the contractor’s faithful performance of all work done or contracted for by the on-site utility contractor; and the contractor’s indemnifying and saving harmless the City and the owner or real party in interest of the property for which any material is furnished or services performed against loss, failure to use suitable material, or failure to properly perform any work contracted for or undertaken by the contractor and any agent or employee of the contractor. An action may be maintained on the bond only if it is brought within 1 year after the date of the installation of the material or performance of the work or service. Ord. 02-475

The license fee is $150, payable at the time of application. The license expires annually on December 31. Ord. 02-475

A license may be renewed annually, on or before December 31, on payment of a renewal fee of $150. Ord. 02-475

A license issued under this subtitle is neither assignable nor transferrable. A licensee may represent only 1 firm or corporation at any one time. Ord. 02-475

Any person who allows his or her license to lapse may apply for reinstatement and, at the discretion of the Board, may be reinstated on payment of the renewal fee. However, after a lapse of 6 months or more, the former licensee will be treated as a new applicant, subject to the same requirements as new applicants. Ord. 02-475

The Board may suspend or revoke an on-site utility contractors license or deny the renewal of a license for just cause. Just cause for suspension, revocation, or denial includes, but is not limited to:failure to provide the required bond; violation of any material provision of the <cite data-path="|building-codes">Building, Fire, and Related Codes Article</cite> or of any other board, City, State, or federal law, ordinance, rule, or regulation; unsatisfactory work or negligence, incompetence, or misconduct in the performance of on-site utility work; fraud, deceit, or misrepresentation in the performance of any work or in obtaining or renewing a license, permit, or bond; selling, lending, or otherwise permitting any improper use of a license or permit; or failure to notify the Board of current address. Ord. 02-475 Ord. 13-093

Before suspending, revoking, or denying the renewal of a license, the Board must provide the licensee with an opportunity for a hearing on the matter. At least 5 days before the hearing, the Board must notify the licensee, by certified or registered mail, of:the nature of the alleged violation; and the time and place of the hearing. The Board must issue a written decision, stating its reasons, within 10 days of the hearing. In its decision, the Board may order that the license be:suspended for a specified term of up to 90 days; suspended indefinitely, until the licensee gives evidence satisfactory to the Board that the condition for which the license was suspended has been corrected and will not recur; revoked, in which case application for reinstatement may not be made until 6 months after the revocation; not renewed under the same conditions as those specified above for a suspension or revocation; or continued in full force. Ord. 02-475

In addition to any other remedy provided in this subtitle or otherwise by law, this subtitle may be enforced by the Commissioner in the manner provided in § 104{“Duties and powers of Building Official”} of the Baltimore City <cite data-path="|building-codes|II">Building Code</cite>. Ord. 02-475 Ord. 13-093

Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each violation. Each day that a violation continues is a separate offense. Ord. 02-475