HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/06/2001 - SECOND READING OF ORDINANCE NO. 36, 2001, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 15
DATE: March 6, 2001
FORT COLLINS CITY COUNCIL STAFF:
Felix Lee
. SUBJECT:
Second Reading of Ordinance No. 36, 2001, Amending Chapter 15, Article V of the City Code
Regarding Contractors.
RECOMMENDATION:
Staff, the Building Review Board and the Home Builders Association of Northern Colorado
i
recommend adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY:
I
This Ordinance, which was unanimously adopted on First Reading on February 20, 2001,
substantially revised the City's contractor license regulations for the primary construction trades,
except for electrical and plumbing, which are not affected. It represents the work of an 11-member
industry task group and several public comment meetings over a nine-month period. Minor wording
changes shown in redline and strikeout, have been made to the Ordinance since First Reading.
AGENDA ITEM SUMMARY ITEM NUMBER: 32
FORT COLLINS CITY COUNCIL DATE: February 20, 2001
STAFF: Felix Lee
SUBJECT: f
First Reading of Ordinance No. 36, 2001, Amending Chapter 15, Article V of the City Code
Regarding Contractors.
i
RECOMMENDATION:
Staff, the Building ReviewCard he H uilders sociation of Northern Colorado
recommend adoption of the Oon g.
I
I
FINANCIAL IMPACT:
The expected net effect of the pro osed ordinance is little change in overall cost recovery for the
service. It would provide a uni bfqn lic se a fo I license categories,extending
the current one-year license t to t years. i 92, regulations have prescribed an
annual fee of$125 for any cl f ge con ct license, 5 for a specialty trade license, and
$25 for a Supervisor Certificate. a one-time ice ns certifica a application fee of$75,also in place
since that time, would remain unchanged. !
f
EXECUTIVE SUMMARY:
The proposed Ordinance substantially revises the City's contractor license regulations for the
primary construction trades,except for electrical and plumbing,which are not affected. It represents
the work of an 11-member indu k an li mment meetings over a nine-
month period. In addition to ny ho eepi i to m s the current law, important new
changes include provisions fo
kLool• New specialty trade license categories including"Wood Frame Construction"and"Cast-in-
place Concrete".
• Specialty Trade contractors employing on-site supervisors, which is currently only required
of general contractors.
• License-exempt status added for: (a)subcontractors that subcontract directly with a licensed
specialty trade contractor, and (b) supervised unpaid volunteers.
• License and certificate terms increased from 1 year to 2 years with no net increase in fees.
• Refresher exams or training required for Supervisor Certificate renewals when the Code has
changed substantially since the last renewal.
• For the first time, trades that are not regulated are spelled out.
• New compliance tools for addressing serious/repeated violations.
DATE: February 20, 2001 2 ITEM NUMBER: 32
• Required liability and Workers' Compensation insurance coverage(when required by state
law) extended to license-exempt subcontractors.
BACKGROUND:
THE ISSUES
The building construction surge in recent years precipitated a large influx of unskilled construction
workers—many are framers hired as"independent subcontractors"and not payroll "employees"by
Colorado law. Under current City regulations,most construction workers who do not qualify as an
"employee" are by definition a" ct t re ' ed to be licensed. However,
such workers often lack suff lent t ical 1 ca nYlense.
experience; and some lack the
language skills to pass the wr n exa ation q e for
This under-qualified labor force coupled with the limited availability of contractor supervision has
had a significant impact on staff resources. A typical day for a City building inspector a couple of
years ago consisted of 20 or more inspection stops—30%to 50% above the industry guidelines for
optimum inspection effectiveness. A significant proportion of these were return visits to job sites
for repeating inspections that had previously failed two or more times.The maximum fee of$50 due
prior to every such re-inspection is not always an effective deterrent.
For a number of years, many in the industry have called for establishing a "Framing" license as a
measure to promote industry-w. in q i r i s dar for the framing crews working
in Fort Collins. Though curr t City r ulatio exp ' y name such a license, existing
language broadly covers struc al wo ami u er sever of the general contractor licenses.
In a responsive effort to improve -site a nta the B ng&Zoning Department(B&Z)
in collaboration with the Home Builders Association of Northern Colorado (HBA-B&Z),
implemented the current"Wood Framing"license in the beginning of 1999. To facilitate this new
process, B&Z authorized a limited-version license restricted to constructing just the wood frame,
sheathing, and siding components. Framing license applicants can qualify without having to meet
the extensive experience and qualifications prescribed for obtaining a general contractor license.
PREVIOUS COUNCIL ACTION
Last April, City Council una ous hel a ui n e ew Board's decision to deny a
variance that would have all d a sing licens g co for to hire multiple non-licensed
subcontractors to frame a larg lti - it si roject— violation under current standards.
The proposed package would allow such work by license-exempt subcontractors as long as the
licensed contractor employs City-qualified supervisors who are ". . . readily available and present
full-time on the project site . . ." to ensure Code compliance.
PUBLIC PROCESS
The Task Group:
Early last year, the City Manager instructed staff to work together with the construction industry in
reviewing the current contractor license regulations for the purpose of developing revisions for
consideration by City Council that would improve both clarity and equity in the law.The two major
issues were: (a) how to deal with the widespread practice of using "independent" non-licensed
contract workers, who are not "employees"; and, (b) explicitly designating a "Wood Framing"
license category in the City Code.
DATE: February 20, 2001 3 ITEM NUMBER:
32
The proposed Ordinance is the product of many hours and numerous meetings since last March of
the 11 industry-member License Review Task Group. Only after exhaustive deliberation, did the
eight or so Task Group members who persevered throughout the process finally come to consensus
and recommend that the proposed City Code amendments be approved by City Council. The key
that broke the deadlock and opened the door to this tenuous agreement is the proposed provision that
will allow only licensed Specialty Trade Contractors and not allow general contractors to
subcontract work directly to "Exempt Specialty Trade Subcontractors" — a proposed new license-
exempt category.
Public Review Milestones:
• August 21st — Approximat pe l tt h eni open public forum that was
announced by a direct mai g two a}1 ntrac s en d i Collins. Opinions ranged from
advocating no contractor li using tsoev t ituting highly-structured system modeled
after the State's licensing p fo c d plum trades.
• December 15th—HBA as noted in its final position statement,expressed support of the proposed
revisions.
• December 21st — With Task Group consensus, the Building Review Board unanimously
approved a motion recommending the proposed revisions be adopted by City Council.
• January 4th — The Affordable Housing Board (AHB), while not making a recommendation,
issued a position statement' t i n P
e o ntty to participate in the process
including a proposed pr ision th woul un ' volunteer labor that is closely
supervised. The AHB stat ent a xpre ief, thout citing any specifics, that the
proposed revisions would ". . . erve t cretru costs . . ."
• February 2nd — HBA "Brown Bag Lunch": staff summarized the provisions of the proposed
ordinance and no major issues or concerns were voiced.
SIGNIFICANT ISSUES AND RESPONSES
The Framing License:
A few construction industry ojp&Wts JpALve 1' se is an unwarranted added
regulation that accomplishes I' a an typi Il g er o ractor is ultimately responsible.
Response:
With two years of history and over ISO licenses issued, there is widespread industry support,
including the HBA,for continuing to license framing contractors. Many, including City inspection
staff, believe that the overall level of construction quality has improved and is, at least in part, due
to the Framing license. Eliminating the Framing license will only aggravate the problem of
inadequate project supervision and further escalate the number of non-City-qualif ed framing crews.
For example, with no such licensed specialty trade, a homeowner who decided not to personally
perform the structural framing work on the owner's own project would be forced to either hire
directly non-regulated/non-qualifted workers or hire a licensed general contractor, who in turn
could legally subcontract the work to such workers.
. The Proposed Concrete License:
Opponents to the proposed "Cast-in-place Concrete" specialty trade license offer similar reasons
cited against the Framing License and further note that such a license is unnecessary because the
DATE: February 20, 2001 4 ITEM NUMBER: 32
City requires a professional engineer to design and inspect foundations and structural concrete
members in buildings.
Response:
B&Z does not always require inspections of structural concrete by a private professional engineer,
particularly regarding additions onto existing residences and small non-residential projects. Under
the current regulations, concrete contractors are not regulated and inexperienced homeowners who
subcontract such work are entirely accountable with no recourse via City Code to pursue a non-
regulated contractor that causes building code problems. The HBA and the Task Group support the
new concrete license based on structural-safety concerns. Also, because the concrete trade is such
an integral part of virtually eve M
other primary trades that are
already licensed.
K.
Proposed Exempt Specialty
Some in the industry are opposed to the proposed provision that will prohibit general contractors
from subcontracting directly with Exempt Specialty Trade Subcontractors.They reason that general
contractors are ultimately responsible anyway and the City should be concerned only with the final
product and not be involved in the details of who is actually doing the work.
Response:
If general contractors in addition to licensed Specialty Trade Contractors are allowed to
subcontract work directly to non-licensed Exempt Specialty Trade Subcontractors such as(concrete)
foundation,framing, and roofs n ' e, he ctrical, plumbing, and HVAC
systems, could be, farmed- t to, c t cte b on-licensed, non-City-qualified
subcontractors. The results dispar wo the "pl ing field" and legitimize a vast
unregulated "underground" in of en ubcon ors at the expense of established
licensed Specialty Trade contractors and direct accountability. The only effective recourse to
"level" the field in such a disparate environment then would be to eliminate Specialty Trade
Contractor licenses altogether. Moreover, under such a scenario, general contractors then would
be free to subcontract all work(except electrical and plumbing)out to virtually anyone. Many in
the industry, staff, and the HBA believe the resulting 'free-for-all" would open the floodgates to
unqualified workers at immense disservice to the community.
CONCLUSION AND SUMMARY
In the absence of state-admin ered coOthliPerest
st ds for other than the electric and
plumbing trades, the propose rdinanforc le and balanced compromise that
accomplishes the goal of pro g local level with the need to
concurrently provide contractors with equitable and consistent qualification/performance standards.
It also addresses the current reality regarding construction labor availability by allowing
license/employee-exempt status for the many workers who now illegally subcontract from licensed
contractors; and who would otherwise be required to obtain a license or become legitimate
employees under the current scheme. An expected outcome under the proposal is an increase in
qualified on-site supervisors because of the new provision that would require licensed Specialty
Trade Contractors that use license-exempt subcontractors to employ City-qualified supervisors who
must be on site full-time.
Should Council elect not to adopt the proposed ordinance or some alternative version, staff will
continue administering the existing regulations unless directed otherwise. The result will be the
continuing de facto restriction on construction labor availability,as the City pursues full compliance
DATE: February 20, 2001 5 ITEM NUMBER: `
with the existing standards for"employees"and"contractors". Furthermore, the City will miss an
opportunity to alleviate concerns over the current ambiguity of the Framing license.
ATTACHMENTS:
1. Overview of Proposed Major Changes to Contractor License Regulations(February 8,2001)
2. Contractor Mailer(January 9, 2001)
3. Contractor License Review Task Group Roster
4. Affordable Housing Board Memo (January 4, 2001)
5. Excerpt from Building Review Board Minutes (December 21, 2000)
6. Home Builders Associati er a)ec&mbQJ.L2V
7. Contractor Mailer (Augft 200 )
8. Summary of August 21 ublic F m ( 200
9. Contractor License Rev n inutes st 21, 2000)
10. City Council Agenda Item Summary and Resolution Making Findings of Fact and
Conclusions Regarding the Appeal of the Decision of the Building Review Board Relating
to Huntington Hills Filing No. 7 (May 2, 2000)
11. Letter Opposing Proposed Building Owner Restrictions (February 1, 2001)
12. Newsletter of the Home Builders Association of Northern Colorado (February 2001)
13. Contractor License Categories for Fort Collins and Surrounding Municipalities
0 Y
COPY
i
i
i
C
i
i
ORDINANCE NO. 36, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 15, ARTICLE V
OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING CONTRACTORS
WHEREAS, the last comprehensive review of the Code of the City of Fort Collins relative
to contractor licenses was completed in 1981; and
WHEREAS, since 1981, the population and consequent building improvements in the city
have grown dramatically; and
WHEREAS,the construction industry nationally and locally in recent years has experienced
a large unmet demand for qualified construction trade workers resulting in an influx of
inexperienced workers with limited construction skills, which, in turn, has imposed additional
demands on contractors as well as City inspection services; and
WHEREAS,a Contractor License Review Task Group,represented by various construction
trades;, the Home Builders Association of Northern Colorado,t the Building Review Boardl the
Affordable Housing Board4 and W. : •staff; has completed a nine-month review of the City's
contractor license regulations; and
WHEREAS,these aentities have made certain recommendations with respect to
• the City Code relative to the regulation of contractors as contained in the proposed amendments;and
WHEREAS,the Council of the City of Fort Collins has determined that said recommended
changes are in the best interest of the citizens of the City.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 15, Article V of the Code of the City of Fort Collins be, and hereby is,
amended to read as follows:
ARTICLE V. CONTRACTORS
Sec. 15-151. Intent.
The intent and purpose of this Article is to establish minimum qualification,
liability insurance and conduct standards for persons engaged in construction,
alteration, or repair of buildings or portions thereof and for persons performing
specialized trades as regulated under this Article on such buildings, through the
issuance of contractor licenses and Supervisor Certificates as provided hereunder.
1
See. 15-152. General.
The Building Official shall administer the provisions of this Article and shall
adopt reasonable rules and procedures for such purposes.
Sec. 15-153. Definitions.
For the purpose of this Article, the following terms shall have the meanings
indicated:
Board shall mean the Building Review Board of the City of Fort Collins.
Building code shall mean the building code adopted by the city as specified in
Chapter 5, Article II, Division 2 of the Code.
Building Official shall mean the duly appointed city official as specified in the
building code adopted by the city.
Construction shall mean the erection, alteration, repair or remodeling of any
building or structure or portion thereof regulated by Chapter 5, Article 11, Division
2 of the Code; and work regulated under the city mechanical code as adopted in
Chapter 5, Article IV of the Code.
Construction value shall mean the total replacement costs, as defined in the
building code, for a particular construction project.
Contractor,unless specifically exempted in the Article, shall mean any person,
firm, partnership, corporation, association, other organization, or any combination
thereof, that undertakes with or for another on any property within the city any
construction, demolition, or specialized trade for which a license as named in this
Article is required and for which said construction or demolition a fixed fee, trade-
in-kind or other compensation is made.
Employee shall mean a person who is eligible for Colorado Workers'
Compensation insurance and unemployment insurance benefits, is employed by a
contractor to perform construction work,to which person a wage or salary is directly
paid as an individual. For purposes of this Article, any worker who qualifies as an
"independent contractor" under state law is not considered an employee of a
contractor.
Exempt specialized trade subcontractor shall mean any person,firm,partnership,
corporation, association, other organization or any combination thereof, which
subcontractor is not an employee as defined in this Section,and which subcontractor
is paid or otherwise compensated to perform construction or a trade for which a
2
specialized trade contractor license as specified in this Article is required,except that
any such subcontractor may perform such work without obtaining a license when
such work is exclusively performed pursuant to a direct subcontract with a licensed
specialized trade contractor. No subcontractor shall be exempt from the licensing
requirements of this Article as an exempt specialized trade subcontractor when such
subcontractor works pursuant to a direct subcontract with any of the Classes A, B,
C-1, C-2,D-1,D-2 or E general contractors to perform construction regulated under
this Article.
Significant structural alteration shall mean the structural modification of any
building or portion thereof which entails the construction,alteration,replacement or
repair of load-bearing elements including,without limitation,the foundation system,
the bearing walls, the structural frame (as defined in the building code), the roof
framing members or the floor framing members. Notching and boring of holes in
such members for the passage of piping and wiring as permitted in the building code
does not constitute significant structural alteration.
Supervisor shall mean a person who holds a supervisor certificate as specified in
this Article and who is actively working exclusively for a licensed contractor
expressly to provide direct, personal and ongoing on-site construction supervision
of a construction project undertaken by the contractor. Such person must be an
employee, an owner, or other person having substantial ownership interest in the
contracting firm of said licensed contractor.
Sec. 15-154. License required.
(a) Except as otherwise permitted in this Article, no person may perform
construction work or trade as a contractor named in this Article within the city
without first obtaining a license and designating an approved supervisor as specified
in this Article. No building permits shall be issued to any contractor who has not
obtained a license,does not have valid insurance as set forth herein, is delinquent in
the payment of the biennial license fee or whose license is expired or has been
suspended or revoked.
(b) For any construction requiring a licensed contractor,permits shall be issued
only to the property owner,to a licensed contractor or to an authorized representative
of such owner or contractor. Should a contractor be released from or abandon such
construction project, said contractor shall immediately notify the Building Official,
in writing, of such action. No further work shall be done on such project until the
Building Official is notified in writing of such intended resumption of work by a
licensed contractor.
UI hrL OWL, behalf for such building v, ptopeity, ptovided that only =itiactors
.
Sec. 15-155. Exemptions.
The parties and conditions described herein shall be exempt from the general
requirements specified in this Article:
(1) A building owner and any unpaid volunteers or paid workers employed by
said owner who perform only minor alterations and repairs to such
building, provided that all such work is under the continuous personal
supervision of said owner. For the purposes of this Section, minor
alterations and repairs shall not include:
(a) Significant structural alterations (except for the repair and
replacement of existing windowp and door treaders provided that
such repair or replacement does not create larger openings or greater
spans for such headers),
(b) Alterations to fire-resistive assemblies as defined in the building
code,
(c) Alterations to or the installation of electrical,plumbing or mechanical
systems, except for fixture replacement and emergency repairs, and
except as otherwise permitted in this Article,
(d) Replacement of more than a total of one (1) square of roofing, or
(e) Any nonstructural construction,alterations or repairs to a building or
buildings performed by the building owner(s) and which alterations
or repairs are otherwise exempted pursuant to this Section and which
involve such elements as concrete slab-on-grade floors, masonry
walls that are seventy-two(72)inches or less in height,wood or steel
frame systems, and wallboard; when the total construction value of
all work(including the related work done on the project by licensed
specialized trade contractors), within any twelve month period
exceeds five thousand dollars($5,000.)for any one(1)such building
or collectively exceeds ten thousand dollars ($10,000.) for all such
buildings combined.
(2) An owner of a detached single-family dwelling and associated accessory
buildings or any unpaid volunteer under the continuous personal
supervision of the owner of such buildings who personally performs any
construction on the owner's personal residence and associated accessory
4
• buildings, provided that the owner commences construction of no more
than one (1) such dwelling within any twenty-four month period. In the
event such dwelling is destroyed or damaged, reconstruction thereof shall
be exempt from the foregoing time period. Prior to performing any such
construction, the owner must demonstrate sufficient knowledge and
proficiency required to perform said construction as determined by the
Building Official.
(3) An owner or any unpaid volunteer under the continuous personal
supervision of the owner of such building who personally demolishes any
detached building housing an R-3 occupancy, as defined in the building
code, or any building no larger than one thousand (1,000) square feet.
(4) An employee of a contractor who is not otherwise regulated under this
Article.
(5) A partner, owner, or other company official of a licensed contractor who
performs on-site construction under the direction of a qualified supervisor.
(6) An exempt specialized trade subcontractor as defined in this Article.
(7) Any person,firm,partnership,corporation, association,other organization
• or any combination thereof performing specialized construction related to
a particular trade which is not otherwise regulated by this Article,including
any such trade engaged in one(1)of the following types of construction or
installations: plumbing and electrical work regulated elsewhere in this
Code; wallboard; masonry; nonstructural wood frame systems; finish and
trim carpentry; nonstructural concrete floors, sidewalks, stairs, landings,
and drives; structural and non-structural steel systems; siding;ceramic and
synthetic tile; counter surfaces and cabinets; flooring and carpet; wall and
ceiling finishes; insulation; glazing; windows and doors and associated
hardware; rain gutters; fences; swimming pools and spas; entertainment,
data, and communication systems within any building including related
wiring supplying not more than fifty(50)volts and which does not require
a state electrical license; excavation and grading; landscaping; irrigation
systems excluding back-flow prevention devices; sewer lines downstream
of any building drain as defined in the Colorado Plumbing Code;elevators
and escalators; and radon piping systems.
(8) Any person who is, without pay or compensation of any kind,performing
construction or a specialized trade regulated under this Article and who is
supervised directly by a licensed contractor and supervisor as specified in
this Article to ensure that such work conforms to the applicable code(s).
• 5
Sec. 15-156. Duties of Building Review Board.
The Building Review Board shall have the duties and perform the functions as
set forth in § 2-119 of the Code, which duties and functions include, without
limitation, hearing all matters related to the suspension or revocation of any
supervisor certificate or license or registration of any plumber or electrician as
provided in the Code. The Building Review Board is authorized, upon appeal in
specific cases, to grant variances from the terms of this Article, where the strict
application of any provision of this Article would result in peculiar or exceptional
practical difficulties to or exceptional or undue hardship upon the person or applicant
regulated; or, when such applicant can demonstrate to the satisfaction of the board
that the applicant possesses other qualifications not specifically listed in this Article,
such as specialized training,education or additional experience,which the board has
determined qualifies the applicant to perform in a competent manner any
construction authorized under the license or certificate sought, and provided that
such relief may be granted without substantial detriment to the public good and
without substantially impairing the intent and purposes of this Article.
Sec. 15-157. Supervisor certificate; fees; examinations; renewals.
(a) No contractor as defined in this Article shall perform construction that
requires a permit without designating a supervisor to supervise such construction
pursuant to this Article.
(b) Prior to issuance of a building permit to the holder of any contractor license
specified in this Article, the holder of said license shall possess a supervisor
certificate or shall have employed at least one (1) supervisor who has obtained a
certificate for the specific class or specialized trade specified in this Article required
to perform the scope of construction described on said permit. A supervisor
certificate is valid for a period of two (2) years from the date of issuance and the
biennial fee for such certificate is twenty-five dollars ($25.). Supervisors shall
observe reasonable standards of attendance on construction sites as necessary to
perform adequate supervision of such construction as further specified in § 15-161
of this Article.
(c) Prior to obtaining a supervisor certificate,except as provided otherwise in
this Article,an applicant for such certificate shall have passed a written examination
administered by the city or the equivalent of such examination as specified herein.
Every applicant who undergoes a written examination administered by the city shall
pay a nonrefundable examination fee of seventy-five dollars ($75.) prior to such
examination. Any applicant who fails to achieve a minimum score of seventy-five
(75)percent shall be entitled to another examination covering the same license class
or specialized trade, provided that the applicant shall not be permitted more than
two (2) such examinations within any six month period unless otherwise approved
6
by the board. Alternatively, an applicant may be granted a third such examination
within any six month period upon the applicant demonstrating to the satisfaction of
the Building Official adequate preparation for the examination by successfully
completing a class or coursework covering the building code or other code as
applicable, or the equivalent thereof as approved by the Building Official. The
applicant shall pay a nonrefundable re-examination fee of fifty dollars($50.)for each
subsequent examination covering the same license class or specialized trade.
Examinations shall be given at a time and place designated by the Building Official.
The written examination for a supervisor certificate may be waived by the Building
Official provided that the applicant can prove that he or she has passed a satisfactory
written examination equivalent in scope to that administered by the city.
(d) A supervisor certificate may be renewed provided the biennial fee is paid
and renewal occurs within sixty (60) days following the anniversary date such
certificate was issued, and further provided that the adopted building code or other
applicable code over which an examination was administered remains in effect at the
time of renewal. When such adopted code over which the renewing certificate
holder passed an examination has been substantially revised prior to the time of such
renewal, the certificate holder must either pass a renewal examination administered
by the Building Official for which no fee shall be assessed for such examination, or
provide proof of having successfully completed training covering the current adopted
applicable code or the equivalent thereof as approved by the Building Official. The
holder of an expired certificate may be reissued such certificate by submitting a new
application and paying all applicable fees as set forth in § 15-158. Such applicant
shall not be required to pass an examination as prescribed in subsection (c) above,
provided that the adopted building code or other applicable code over which the such
applicant passed an examination remains in effect at the time the renewed certificate
is obtained.
(e) The Building Official may grant a temporary supervisor certificate valid for
thirty (30) days without an examination based upon individual extraordinary
circumstances and upon finding that any petitioner for such certificate is otherwise
qualified. Any person seeking such temporary certificate must submit a written
request describing in detail the justification for such certificate and a completed
application for a supervisor certificate including all necessary fees as provided in §
15-158.
See. 15-158.Applications; review; issuance.
(a) Prior to being issued any license or certificate specified in this Article, all
applicants for such license or certificate shall complete and submit to the Building
Official an application containing the following information:
7
(1) The individual applicant's name, the contractor's business name under
which license the applicant is associated or will be working, a current
mailing address and telephone number, and one (1) form of photographic
identification of the applicant;
(2) A written summary documenting the applicant's relevant experience with
at least three (3) separate construction projects and identifying an owner,
general contractor,architect,professional engineer or other person involved
in each particular construction project who has personal knowledge of the
applicant's responsibilities on said projects;
(3) The applicant's disclosure of any disciplinary action (whether by the city
or any other contractor licensing agency or jurisdiction)taken against any
contractor licenses currently or previously held by the applicant; and
(4) A signed statement by the applicant acknowledging the obligations
associated with such license or certificate.
(b) All such applications shall be accompanied by a nonrefundable processing
fee of seventy-five dollars ($75.) for each such application.
(c) Subject to the qualification requirements of § 15-159 and subject to any
applicable variances which may have been granted by the board pursuant to § 15-
156 and provided further that the applicant has not committed any acts described in
§ 15-162 of this Article without the board having first conducted a hearing and
having made a determination regarding the applicant's fitness to be granted a license
or supervisor certificate, the Building Official shall issue to the applicant the license
or supervisor certificate applied for upon receipt of all of the following:
(1) Evidence of a passing score on the applicable written examination or
equivalent as specified in this Article;
(2) Payment of the applicable fee;
(3) Written proof of general liability and workers' compensation insurance as
required in this Article; and
(4) Documents verifying that the applicant has acted in the principal role of
contractor,project supervisor or other primary supervisory role on no less
than three(3)separate completed building construction or specialized trade
projects. A person other than the applicant must sign such documents.
Said signatory shall be a project owner, a contractor, an architect a
professional engineer or other erson directlyinvolved in t
of said project;having MINNNIUMMworked directly with the
8
. applicant. Additionally, said documents shall contain the following
information where applicable to the license or contractor certificate sought:
a. The total floor area and number of stories (as defined in the building
code) of each building in the project;
b. The building construction type as defined in the building code;
C. The building occupancy classification as defined in the building
code;
d. The date the project was completed;
e. The address, contractor of record, and permit number (when
applicable) for the project;
f. A description of the project which the applicant directly supervised
or for which the applicant was the contractor of record, whichever is
applicable, in sufficient detail to fully describe the extent of the
construction or alteration or specialized trade work. Such description
must describe all relevant work, such as that involving the
foundation, the exterior structural elements, the interior bearing
walls,the nonbearing walls and elements, the electrical systems, the
. plumbing systems, the mechanical systems, roofing, and any other
specialized trade work that may be applicable to the license or
certificate sought;
g. A complete description of the applicant's position and responsibilities
on the project; and
h. The signatory's role in the project.
Sec. 15-159. Minimum experience qualifications.
Minimum experience requirements for Classes A, B, C-1, C-2, D-1,D-2 and E
general contractor licenses, specialized trade contractor licenses, and associated
supervisor certificates as described in § 15-160 are as hereafter provided in this
Section. In order to qualify for such minimum experience, all construction and
specialized trade installation projects are subject to the Building Official's review
and approval for sufficient variety and complexity. All such projects shall have been
constructed or installed primarily by the applicant or under the applicant's direct
control. The particular license type and respective required minimum documented
experience are described as follows:
• 9
(1) To qualify for a Class A license or su ervisor certificate the a plicant must
t'�71M
have constructed or supernisec3 iI w c a , -. pe tsoe
Qthe construction of two (2)entire buildings for which a minimum of a
Class A license or contractor supervisor certificate is required,and not less
than one (1) entire building for which a minimum of a Class A or a Class
B license or contractor supervisor certificate is required.
(2) To qualify for a Class B license or supervisor certificate the ap licant
must have constructed or sttpervtsed vet"' g "'DIY tt '�o of
ug : the construction of three (3) entire buildings for which a
minimum of a Class A or a Class B license or supervisor certificate is
required. At least one(1)such building described herein shall be classified
under the building code as Type I,Type II, or Type III construction.
(3) To qualify for a Class C-1 license or supervisor certificate the applicant
must have constructed or supervised „ 1?MIN Eof
u , the construction of three (3) entire buildings for which a
minimum of a Class A, a Class B or a Class C-1 license or supervisor
certificate is required. At least one(1)such building described herein shall
be classified under the building code as Type I, Type II or Type III
construction.
(4) To qualify for a Class C-2 license or su ervisor certificate the ap licant
must have constructed or supervised ' f
the construction of three (3) entire buildings for which a
minimum of a Class A, Class B, Class C-1, or Class C-2 license or
supervisor certificate is required. At least one(1) such building described
herein shall not be less than three (3) stories in height as defined in the
building code, or at least one (1) such building shall contain not less that
sixteen (16) dwelling units.
(5) To qualify for a Class D-1 license or supervisor certificate the a plicant
must have constructed or supervised , m
the construction of three (3) completed new single-family
homes or the equivalent thereof as determined by the Building Official.
(6) To qualify for a Class D-2 license or su ervisor certificate the applicant
must have constructed or supervised j'
the construction of three (3) completed projects, each with
a construction value of not less than fifteen thousand dollars ($15,000.)
and each of which entails the significant structural alteration of or the
addition to a single-family home or equivalent structure as determined by
the Building Official.
10
(7) To qualify for a Class E license or supervisor certificate the a licant must
have constructed or supervised`a to n 1 eft' b ' upej o
C F,t
fob the construction of three (3)entire projects, each of which shall entail,
at a minimum, the nonstructural alteration of a building classified by the
building code as other than a"Group R or Group U occupancy". Each such
project shall exceed twenty thousand dollars ($20,000.) in total
construction value and at least one (1) such project shall exceed fifty
thousand dollars ($50,000.) in total construction value.
(8) To qualify for any of the specialized trade contractor licenses or certificates
regulated under this Article, the applicant must submit to the Building
Official written verification describing experience in such specialized trade
as prescribed hereunder:
a. An applicant must submit written verification to the Building
Official describing not less than five (5) completed projects which
demonstrate that the applicant possesses at least three (3) years of
supervisionN, experience in the specialized trade applicable to the
particular license or contractor supervisor certificate sought for the
following specialized trade contractor licenses or certificates:
Roofing, HVAC, refrigeration, fire sprinkler systems, special fire
extinguishing,flammable fuel facilities, alarm systems, wood frame
construction, and cast-in-place concrete.
b. An applicant must submit written verification to the Building
Official describing not less than five (5) completed projects which
demonstrate that the applicant possesses at least one (1) year of
supervision ; experience in the specialized trade applicable to the
particular license or contractor supervisor certificate sought for the
following specialized trade contractor licenses or certificates:
demolition, solar energy, gas piping, signs, WTS, awnings,
miscellaneous and minor structures, and fireplace appliances.
See. 15-160. License classifications; fees; renewals.
(a) The particular contractor license required and corresponding maximum
scope of construction authorized under each license is described hereunder. All
licenses are valid for a period of two (2)years from the date of issuance and the fee
for each license is two hundred dollars ($200.). A license may be renewed provided
said biennial fee is paid within sixty (60) days following the anniversary date such
license was issued. When the license fee is not paid within such sixty-day period,
the license shall expire and is not eligible for renewal. The holder of an expired
license may be reissued such license by submitting a new application and paying all
applicable fees as set forth in § 15-158. The Class A, B, C-1, C-2,D-1, D-2 and E
11
general contractor licenses described in this Section do not authorize the holders
thereof to perform the following specialized construction trades: electric,plumbing,
HVAC, refrigeration, solar energy, alarms, fire-sprinkler systems, special fire
extinguishing, gas piping,WTS, and flammable fuel facilities.
(1) A Class A general contractor license holder shall be authorized to construct
or demolish any building or structure in the city that is regulated under the
building code except as otherwise limited by this Article, including the
installation of sidewalk, driveway, curb and gutter, provided that for said
work in the public right-of-way,other requirements prescribed in this Code
are met.
(2) A Class B general contractor license holder shall be authorized to construct
or demolish any building or structure in the city regulated under the
building code up to and including five (5) stories in height. A Class B
license holder is authorized to perform alterations on buildings over five
(5) stories in height, provided that such alterations do not involve the
structural frame as defined in the building code.
(3) A Class C-1 general contractor license holder shall be authorized to
construct or demolish any building or structure in the city that is regulated
under the building code and which does not exceed two(2)stories in height
nor more than ten thousand five hundred(10,500)square feet in total floor
area. When any such building is classified by the building code as Type
VN construction, the maximum allowable area may be that which is
specified by the building code. A Class C-1 license holder is authorized
to perform alterations on buildings over two (2) stories in height, when
such alterations do not involve the structural frame as defined in the
building code.
(4) A Class C-2 general contractor license holder shall be authorized to
construct or demolish any buildings or structures in the city classified by
the building code as Type V construction and a Group R or a Group U,
Division 1 occupancy. A Class C-2license holder is authorized to perform
any work allowed under a miscellaneous and minor structure specialized
trade contractor license and to construct other ancillary Type V buildings
or structures not exceeding five thousand(5,000) square feet in total floor
area that are associated with a particular multiple-unit housing project to
be constructed by the license holder, provided such other buildings are
limited to functions such as management offices, community and
recreation buildings, maintenance buildings and similar uses.
(5) A Class D-1 general contractor license holder shall be authorized to
construct, alter, repair or demolish any buildings or structures in the city
12
classified by the building code as a Group R, Division 3 occupancy
housing not more than two (2) dwelling units, or a Group U, Division 1
occupancy. A Class D-1 general contractor license holder is authorized to
perform any work allowed under a miscellaneous and minor structure
specialized trade contractor license and to perform alterations and/or
repairs to any building or structure in the city classified by the building
code as a Group R, Division 1 occupancy and Type V construction,
provided that any such work does not alter the structural frame as defined
in the building code.
(6) A Class D-2 general contractor license holder shall be authorized to
construct residential garages not exceeding one thousand (1,000) square
feet in total floor area; to construct additions which do not exceed one
thousand (1,000) square feet of floor area; and to perform any structural
alterations, demolitions and/or repairs, to any building or structure in the
city classified by the building code as a Group R, Division 3 occupancy
housing not more than two (2) dwelling units, or a Group U, Division 1
occupancy. A Class D-2 general contractor license holder shall be
authorized to perform any work allowed under a miscellaneous and minor
structure specialized trade contractor license and to perform alterations
and/or repairs to any building or structure in the city classified by the
building code as a Group R, Division 1 occupancy and Type V
construction, provided that any such work does not alter the structural
frame as defined in the building code.
(7) A Class E general contractor license holder shall be authorized to perform
any work allowed under a miscellaneous and minor structure specialized
trade contractor license and to perform alterations to any building or
structure in the city, when such alterations do not include modifications
to the structural frame as defined in the building code.
(b) A specialized trade contractor license and a specialized trade contractor
supervisor certificate shall be required for any contractor performing any specialized
trade listed herein. Prior to any specialized trade supervisor being issued a
supervisor certificate, the applicant for such certificate shall successfully complete
a written examination as provided in § 15-157 or the applicant shall provide proof
of equivalent technical qualification as determined by the Building Official.
Applicants for a specialized trade contractor license or a specialized trade contractor
supervisor certificate shall submit an application and documents as set forth under
§ 15-158 of this Article. Each specialized trade contractor license regulated under
this Article is listed and described hereunder with respect to the scope of work
authorized by each such license as follows:
• 13
(1) Roofing authorizes the application of nonstructural roof covering and
materials as regulated by the building code including the replacement or
repair of sheathing on existing roofs.
(2) Demolition authorizes the dismantling or razing of entire buildings and
other structures regulated by the building code, excluding such work as
partial or interior demolition work associated with alterations.
(3) HVAC authorizes the installation of environmental non-portable heating,
ventilation,air conditioning systems and the related piping,ducts,venting,
appliances, controls and electrical wiring (supplying not more than fifty
[50] volts)therefor as regulated under the mechanical code adopted by the
city, excluding all other electrical and plumbing work requiring a state
license.
(4) Refrigeration authorizes the installation of non-portable evaporative,
absorption and mechanically operated refrigeration equipment, including
piping, vessels, controls and electrical wiring (supplying not more than
fifty [50] volts) therefor as regulated under the mechanical code adopted
by the city, excluding all other electrical and plumbing work requiring a
state license.
(5) Solar energy authorizes the installation of solar heat and photovoltaic
collectors, storage tanks and related piping, related electrical wiring
supplying not more than fifty (50) volts and nonpotable water piping,
excluding all other electrical and plumbing work requiring a state license.
(6) Gas piping authorizes the installation of piping and fittings for supplying
fuel-gas, and the replacement of water heaters as regulated under the
mechanical code adopted by the city,when such water heater replacement
does not involve alteration of water supply piping or appliance venting.
(7) Signs authorizes the installation and erection of permanent signs requiring
a sign permit from the city,excluding electrical work regulated by the city
electrical code requiring a state license.
(8) Fire sprinkler system authorizes the installation of automatic fire
suppression systems,including standpipes that use pressurized water as the
primary extinguishing agent, and which are designed to protect entire
buildings,rooms or areas and processes,other than residential fire sprinkler
systems regulated under the city fire code.
(9) Special fire extinguishing authorizes the installation of fire suppression
systems for the protection of specialized hazards such as commercial
14
kitchen equipment, paint booths, flammable liquid facilities and other
special applications.
(10) Flammable fuel facilities authorizes the installation, alteration or removal
of tanks, piping and dispensing equipment for petroleum fuels or other
fuels as regulated by the city fire code, including related electrical wiring
supplying not more than fifty (50) volts.
(11) Alarm systems authorizes the installation, testing, maintenance, and
servicing of fire and security alarms as specified in the applicable
provisions of the National Fire Alarm Code, NFPA 72 and the National
Electrical Code, NFPA 70; including related wiring supplying not more
than fifty (50) volts that does not require a state electrical license.
(12) Wood frame construction(framing)authorizes the construction of Type IV
and Type V structural framing systems as regulated under the building
code, including the application of sheathing and siding.
(13) WTS authorizes the installation of outdoor wireless telecommunication
systems, including related equipment, towers, antennas and the
construction of unoccupied minor related buildings housing only
equipment,and associated cables and electrical wiring supplying not more
than fifty (50) volts that does not require a state electrical license.
(14) Awnings authorizes the erection and attachment of awnings to buildings as
regulated under the building code, including such awnings incorporating
signage or graphics requiring a sign permit from the city.
(15) Miscellaneous and minor structures authorizes the construction,repair,or
demolition of (a) detached structures such as shelters, storage sheds,
playhouses,greenhouses, and gazebos; and(b)unenclosed structures such
as open carports, patio covers, open porches, and decks. Any such work
is further limited to one story buildings or structures not exceeding two
hundred (200) square feet in floor area and which contain occupancies
limited to those classified by the building code as Group R, Division 3;
Group S, Divisions 1 and 2; and Group U other than private garages.
(16) Fireplace appliances authorizes the installation of non-portable listed
manufactured fuel-burning fireplace appliances and associated chimneys
or vents as regulated under the mechanical code adopted by the city,
excluding equipment for industrial processes or for providing primary
space heating, ventilation, cooling or water heating; and excluding any
building modifications, alterations or additions.
. 15
(17) Cast-in-place concrete authorizes the on-site forming and placement of
structural,permanently cast-in-place concrete and reinforcement therein.
Sec. 15-161. Responsibilities of contractor; supervisor.
(a) The contractor of record as authorized by a building permit shall be
responsible for all work performed under said permit without substantial departure
from the drawings and specifications filed and approved by the city as specified on
the permit issued for said construction,unless changes are approved by the city and
shall observe the following standards:
(1) The contractor of record shall obey any order or notice issued pursuant to
this Article.
(2) The contractor of record shall observe generally accepted safety standards.
(3) The contractor of record shall employ an approved on-site supervisor as
specified in this Article.
(4) The contractor of record shall maintain liability insurance and workers'
compensation insurance as specified in this Article and provide proof of
such insurance to the Building Official.
(5) The contractor of record shall provide proof of employment for employees
who are performing construction work that is regulated under this Article
by providing to the Building Official a copy of the signed Internal Revenue
Service"Employee's Withholding Allowance Certificate(Form W-4)"for
each such employee.
(6) The contractor of record shall identify all exempt specialized trade
subcontractors under the contractor's supervision when so requested by the
Building Official.
(7) When the contractor of record is a specialized trade contractor that directly
subcontracts work to an exempt specialized trade subcontractor, the
specialized trade contractor shall employ a supervisor who, in addition to
any other on-site attendance requirements of this Article, shall be readily
available and present full-time on the project site where such subcontracted
work is being performed to ensure that when completed such work fully
conforms to the applicable code(s).
(8) The contractor of record shall maintain a current mailing address and a
telephone number with the Building Official.
16
. (9) The contractor of record may proceed with work only after all required
permits have been obtained and shall obtain required inspections and
authorization to proceed with the work authorized under the permit.
(b) All supervisors shall be responsible for the supervision of construction in
accordance with the requirements of this Article, and shall observe the following
standards:
(1) All supervisors shall be on-site and in person on a regular basis throughout
the entire construction or installation process to supervise the construction
or installation work under the responsibility of a licensed contractor
without substantial departure from the drawings and specifications filed
and approved by the city as specified on the permit issued for said
construction,unless changes are approved by the city. Additionally,when
the contractor of record is a specialized trade contractor that directly
subcontracts work to an exempt specialized trade subcontractor, a
supervisor employed by such specialized trade contractor shall be readily
available and present full-time on the project site where such subcontracted
work is being performed to ensure that when completed such work fully
conforms to the applicable code(s).
(2) All supervisors shall obey any order or notice issued pursuant to this
Article.
(3) All supervisors shall observe generally accepted safety standards.
(4) All supervisors shall present the supervisor certificate, or proof thereof,
during the supervision of a project for which said certificate is required
when so requested by the Building Official.
(5) All supervisors shall maintain a current mailing address and a telephone
number with the Building Official.
Sec. 15-162. Disciplinary procedures; violations and penalties.
(a) When the Building Official determines that a license holder or supervisor
described in this Article has committed any of the acts outlined in subsection (d)
herein, or when a supervisor fails to provide adequate personal supervision on the
work site, the Building Official may order a suspension of all privileges granted
under such license or certificate pending a hearing by the board. Such suspension
shall not exceed a period of fifteen (15) days following the first commission of any
such act and shall become effective immediately or when otherwise determined by
the Building Official. Such fifteen-day suspension limitation shall not apply to any
subsequent commission of any such act. Notification of said suspension shall be in
17
writing and shall be promptly delivered to the certificate holder or an authorized
person listed on such license application by certified mail to the last known address
or by personal delivery. The notification shall state in reasonable detail the essential
facts and reasons for said action and shall advise the affected license holder or
supervisor of the right to appeal the decision of the Building Official to the board.
A copy of any such suspension shall be placed in the public record of the affected
license holder or supervisor. Failure of any such person to receive such notification
of suspension shall not invalidate any suspension imposed hereunder.
(b) The Building Official shall,upon the verified complaint in writing of any
person alleging any of the acts outlined in subsection (d),convene the board for the
purpose of determining the verity of such complaint and taking appropriate action
thereon. Notification shall be served to the affected license or certificate holder as
prescribed in subsection (a) above.
(c) In the absence of a personal appearance on behalf of the licensee or
certificate holder, or the licensee's or certificate holder's representative, the board
may take action on the matter based on the record. Any member of the city staff or
any other party in interest may appear at such meeting and present evidence to the
board.
(d) The board shall have the power to suspend or revoke (or take other
disciplinary action on) any license or certificate when the board determines that a
holder thereof has committed any of the following:
(1) Knowing or deliberate disregard of the building code or any other code
adopted by the city related to a specific construction project under the
responsibility of the supervisor or license holder set forth in this Article;
(2) Failure to comply with any provision of the Code related to a specific
construction project under the responsibility of the supervisor certificate
holder or license holder as set forth in this Article;
(3) Failure to comply with any lawful order of the Building Official;
(4) Misrepresentation of a material fact in obtaining a building permit,license
or supervisor certificate;
(5) The authorized holder of a license or supervisor certificate lending of or
consenting to the use of such credential by person(s) other than the holder
thereof;
(6) Failure to obtain any required permit for the work performed or to be
performed;
18
(7) Commitment of any act of negligence, incompetence or misconduct in the
performance of the contractor's specific trade which results in posing a
threat to public health and safety;
(8) Performance of work for which a license or supervisor certificate is
required without a valid, current license or supervisor certificate;
(9) The act of employing compensated workers who are performing
construction or who are working in a trade for which a license or certificate
is otherwise required under this Article when such workers are neither
employees nor exempt specialized trade subcontractors as defined under
this Article; or
(10) The act of requesting of repeated inspections by a license holder or
supervisor when such inspections are related to construction or trade
regulated under this Article and which reveal that the work performed or
supervised by said license holder or certificate holder failed to comply with
the building code or other applicable code; and such repeated
noncompliance occurs in a manner or to an extent that demonstrates that
the license holder or supervisor is either negligent, is not providing
adequate supervision or is not qualified to perform or supervise the work.
(e) When a license or supervisor certificate is revoked,the holder thereof shall
not be granted another license or supervisor certificate under this Article without
approval of the board. In deciding whether to approve a new such license or
supervisor certificate the board shall determine whether the applicant has
demonstrated that any disciplinary actions that have been taken against any
contractor license or supervisor certificate currently or previously held by the
applicant (whether with the city or any other contractor licensing agency or
jurisdiction) have resulted in the rehabilitation of the applicant to good and
disciplined character for lawful conduct as a licensed contractor or certified
supervisor (as applicable). When the board suspends a license or supervisor
certificate, the board shall state the period and conditions of the suspension.
(f) In addition to the suspension or revocation of a license or supervisor
certificate by the board as provided herein,any person,firm or corporation violating
any of the provisions of this Article or any lawful rule or regulation of the board, or
any lawful order of the Building Official, shall be deemed guilty of a misdemeanor
and subject to the penalties set forth in § 1-15 of the Code.
(g) Any person,firm,partnership,corporation,association,other organization
or any combination thereof shall pay an investigation fee to the Building Official
when such party performs or causes to be performed construction or a trade for
which a contractor license as specified in this Article is required without first
19
obtaining the required license. Such fee shall be equal and in addition to the license
fee and shall be paid before the applicable license may be issued.
Sec. 15-163. Safety and insurance requirements.
All laws relating to safety of employees and the public shall be observed at all
times by any contractor or exempt specialized trade subcontractor. Every such
contractor or exempt specialized trade subcontractor shall maintain workers'
compensation insurance as required by state law,and public liability insurance in the
minimum amounts as follows: three hundred thousand dollars ($300,000.) per
person, five hundred thousand dollars ($500,000.) per accident and five hundred
thousand dollars ($500,000.)per accident involving public property.
See. 15-164. Transition provisions.
(a) Any holder of a valid contractor license or supervisor certificate prior to the
effective date of this Article, shall be eligible to maintain the same such license or
certificate without additional application fees or examination provided such license
or certificate remains valid throughout the current annual term of such license or
certificate. Thereafter, any such contractor license or supervisor certificate shall be
subject to renewal provisions as prescribed in this Article.
(b) Any person holding a valid specialized trade contractor license prior to the
effective date of this Article shall be eligible for the applicable specialized trade
supervisor certificate without additional application fees or further written
examination, provided such person is performing the duties of a supervisor and is
verified as having passed a written examination or the equivalent as approved by the
Building Official. Failure of the license holder by July 1,2001,to obtain either such
supervisor certificate or employ a person(s) who holds such supervisor certificate
authorizing the performance of such specialized trades in the city, shall be grounds
for imposing the penalties as prescribed under this Article.
(c) Any person, firm, partnership, or other organization that holds a current
valid home improvement license prior to the effective date of this Article shall be
eligible for a miscellaneous and minor structures license and supervisor certificate
without additional application fees or written examination throughout the current
annual term of such home improvement license. Thereafter, all such licenses and
supervisor certificates shall be issued as prescribed in this Article.
(d) Any person,firm,partnership,or other organization that is performing one
of the specialized trades described under this Article as cast-in-place concrete,
fireplace appliances, or awnings in the city shall obtain such applicable license and
supervisor certificate by July 1,2001,or be subject to the penalties prescribed under
this Article.
20
. Introduced and considered favorable on first reading and ordered published in summary
form this 20th day of February, A.D. 2001, and to be presented for final passage on the 6th day of
March, A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 6th day of March, A.D. 2001.
Mayor
ATTEST:
• City Clerk
i21