Building Contractor. The term "building contractor" shall mean any person, firm, copartnership, association, or corporation, or other organization or combination thereof that for a fixed price, commission, fee, or percentage accepts or offers to accept, orders or contracts for performing or superintending the building or construction of any building or structure that is designed to be used as a residence or dwelling, or who constructs for sale any new building or structure for occupancy as a residence or dwelling. Director. The term "Director" shall mean the Director of Permitting, Inspections, and Enforcement. Fraudulent Advertising. The term "fraudulent advertising" shall mean advertising of any oral or written means which purports to provide facilities for the use of a new home, to include tennis courts, swimming pools, golf courses, stables, and any other recreational uses which may induce an individual or individuals to purchase a new home and further that such facilities are not actually provided within one year after time of purchase or at such time as specified in the advertisement. New Home Warranty. The term "new home warranty" shall mean a series of written promises made by a building contractor against defects in materials and workmanship which meets the requirements of the Title 10, Subtitle 6, Real Property Article, Annotated Code of Maryland, as amended from time to time. Person. The term "person" shall include any person, firm, copartnership, corporation, association, or other organization or combination thereof.

It shall be unlawful for any person to engage in the business or act in the capacity of a building contractor as defined herein within Prince George's County without first being registered and having a license issued as provided in this Division.

A board of registration for building contractors is hereby created. The board shall consist of seven (7) members, all of whom shall be appointed by the County Executive subject to Council confirmation pursuant to the Charter. Three (3) members of the board shall be members of a recognized association of home builders. Three (3) members shall not have an active interest in the building and construction field. One member shall be a representative of the County Council. At least four (4) of the appointments, including the three (3) non-industry members and the Council representative, shall be selected from a list of persons submitted by the County Council. The members of the first board shall be appointed for the following terms: two (2) members for one (1) year, two (2) members for two (2) years and one (1) member for three (3) years. On the expiration of the term of any member, the Executive shall appoint or reappoint members for terms of two (2) years. Each member shall hold office until the expiration of his term or until a successor shall have been duly appointed and shall have qualified. Each member of the board shall be a resident of Prince George's County. The Director or his designated agent shall serve as an ex officio member of the board. The board shall elect from its members a chairman, vice chairman and secretary. The chairman shall be selected from among the members without an active interest in the building and construction field. In exercising its powers and duties under this Division, not less than four (4) members shall constitute a quorum. The board shall keep minutes of its proceedings and meetings. All decisions of the board shall be in written form with findings. For assistance in reaching decisions, the board may request technical assistance, advice, data, or factual evidence from the County or other governmental agency. The board shall submit to the Executive an annual report of its proceedings. There may be appointed and assigned to the board such employees, and the County Executive shall make available to the board such services and facilities of the County, as are necessary or appropriate for the proper performance of its duties as determined by the Executive, and the County Attorney shall serve as counsel to the board.

The Director shall maintain a register for the board of all applicants for licenses and all licensees, in such form as the board shall require. Any person desiring to be licensed as a building contractor in Prince George's County shall make and file with the Director a written application on a form approved by the board. Each application shall be accompanied by the application fee prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website. The applicant shall furnish information which shall remain confidential for use of the board only as to the application's character references and financial responsibility, such responsibility may be shown by one or more of the following: Bank business reference and past record with lending institutions, financial statements, credit rating from an independent credit rating institution, bond, or other evidence of financial responsibility which the board exercise its expertise in the building field may find sufficient. The bond to be used to satisfy the requirement of financial responsibility shall be as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website. The bond shall be conditioned that the licensee shall perform all work done by the applicant in the County in accordance with the Building Code and law of the County and State. The County or any person damaged by failure of the licensee to comply with such Code and laws may proceed against such bond in any court of competent jurisdiction. The bonding provision may be satisfied if the applicant has obtained a bond as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website, in connection with an organized program approved by the board which provides the same protection to the public set forth herein. The applicant shall also furnish information as to the applicant's experience and/or training and education, or the experience and/or training and education of the applicant's associates, construction superintendent, or other principal employee or employees in the building trade, as the board shall require. With the exception of those contractors who build exclusively rental multifamily dwellings, all applicants shall provide evidence, satisfactory to the board, of participation in a new home warranty security plan which meets the requirements of Title 10, Subtitle 6, Real Property Article, Annotated Code of Maryland, as amended from time to time. Any license issued for building rental multifamily dwellings exclusively shall be identified in a manner acceptable to the Director. Before the issuance of a license, the Director shall ascertain from official sources the applicant's record of compliance with the laws of the State of Maryland and Prince George's County. The board may request further information from the Director or other sources, make independent investigations and conduct examination of the applicant, at its discretion. On the basis of the foregoing, it shall be the board's duty, within a period of thirty (30) days from the date of the board meeting next following the date the application is received, unless the time is extended for good cause, to certify to the Director whether the applicant and the applicant's organization are qualified to comply with the building code and laws of the County and State, to perform fully the applicant's building contracts, and should be licensed, and to notify the applicant. Before denying the issuance of a license, the board shall afford the applicant an opportunity for a hearing to show cause why the applicant's application should not be denied. The board shall give such applicant at least ten (10) days notice in writing of such hearing by personal service or by certified mail to the last address on file with this board and such notice shall state the intended grounds of denial. In no case shall denial of certification be unreasonable and a denial shall be in writing stating the reason, and shall be personally served or mailed by certified mail to the address on the application. Any denial may be appealed to the Circuit Court for Prince George's County by filing a notice of appeal with the Clerk of the Court within the time period specified in the Court rules for appeals from administrative agency.

The Director shall issue a license to applicants who have paid their license fee and have been certified by the board of registration.

Licenses issued under this Division shall be valid for one year from the date of issuance and may be renewed upon application to the Director. Applicants for renewal shall pay to the County at the time of filing such application fee as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website.

Holders of licenses issued under this Division shall display the same in a prominent place at their place of business and, upon demand, shall give the number of the license to any person who shall demand the same. If any license is lost, defaced or destroyed, the licensee may obtain a duplicate upon application to the Director and payment of a fee as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website.

The board shall have the power to revoke, suspend, or refuse to renew the license of any licensee who shall be found guilty of any one or more of the following acts or omissions: Fraud or deceit in obtaining a license. Abiding, abetting or knowingly combining or conspiring with an unlicensed person with the intent to evade the provisions of this Division. Willful and deliberate violation of the building code and laws of the County or State of Maryland. Abandonment or willful failure to perform, without justification, any contract for construction of a building or structure that is designed to be used as a residence or dwelling place; or willful deviation from or disregard of plans or specifications in any material respect without consent of the owner. Failure in any material respect to comply with the provisions of this Division and other laws and to correct promptly upon notice any failure to comply with the building code or laws of the County and State. Diversion of funds or property received for a specified purpose in the prosecution or completion of any construction project, or operation and their application or use for any other project or operation, obligation or purpose with intent to defraud or deceive creditors or the owners. Upon finding by the board that the licensee lacks good moral character or is not financially responsible. In matters dealing with complaints of defects in construction, the Director will investigate said complaints, and, if the complaints are found to be justified in the opinion of the Director, shall give the licensee one (1) month to correct said defects or until the weather, season, or availability of parts permits correction. Failure to correct such defects shall be reported to the board, which board shall have the power to revoke, suspend or refuse to renew a license upon a finding that a major structural defect or irregularity is involved. Determination of such defect or irregularity shall be based upon the common usages and practices in the building industry within the County. Before revoking, suspending or refusing to renew any license, the board shall afford the licensee an opportunity for hearing to show cause why his license should not be revoked, suspended or the renewal thereof refused. The board shall give such licensee at least ten (10) days notice in writing of such hearing by personal service or by certified mail to the last address on file with the board and such notice shall state the complaint and violation. Any person aggrieved by any action of the board may appeal to the Circuit Court of Prince George's County by filing a notice of such appeal with the Clerk of the Court within the time period specified in the court rules for appeals from administrative agency. Upon a finding by the board that the licensee or his authorized agent is guilty of fraudulent advertisement and has unreasonably failed to supply the facilities advertised.

This Division shall be administered by the Director.

Building permits for a residence or dwelling (except under Section 2-253.16.) shall not be issued to any person except a duly licensed building contractor or his duly authorized agents under the provisions of this Division.

The provisions of this Division shall apply only to construction work within the purview of the building code and laws of the County and the State. Fees paid shall not be refunded for any reason. A license shall not be required for a person who constructs or builds a building or structure that is designed to be used as a residence or dwelling place for his own or immediate family's use provided such person appears before the board and demonstrates to the board that such contract is for his own use or that of his immediate family. In making the determination, the board shall consider matters such as ownership of the land, length of time land was owned, financial arrangements, as well as other matters which the board determines from their expertise in the building field. Such person shall sign a statement that said work or construction for which the permit is sought will be done for himself or his immediate family. Any person who signs such statement in order to evade the provisions of this Division requiring construction by a licensed contractor, or any person who performs work as a building contractor as defined herein without a license shall be in violation of this Division.

Nothing in this Division shall be construed to exempt any construction work in the County from complying with the requirements of the building code.

Any person who shall violate the provisions of this Division by doing business within the County as a building contractor as defined herein without a license or after a license shall have been suspended or revoked shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than One Thousand Dollars ($1,000) or imprisonment of not more than six (6) months, or both.