HomeMy WebLinkAbout075 - 05/05/1987 - AMENDING CITY CODE REGULATING CERTAIN CONTRACTORS VERSION "B"
ORDINANCE NO. 75 , 1987
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 73 AND REPEALING
CHAPTERS 56 AND 62 OF THE CODE
` OF THE CITY OF FORT COLLINS
FOR THE PURPOSE OF REGULATING CERTAIN CONTRACTORS
IN THE CITY OF FORT COLLINS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That Chapter 73, Article XYII regulating certain building
contractors, is repealed in its entirety and re-enacted as follows:
Section 73-117. Definitions.
For the purpose of this Article, the following terms shall have the
meanings indicated:
BOARD - The Building Contractors Licensing Board of the City of Fort
Collins.
BUILDING CODE - The latest edition of the Uniform Building Code as
adopted by the City of Fort Collins.
CERTIFICATE HOLDER - A person designated by a contractor who holds a
certificate of qualification as specified in this Article, is on
active, full -time status and is an owner, company officer or other
person having substantial ownership interest in the contracting
firm; or a person who is employed by a contractor for the express
purpose of supervising construction done by said contractor.
BUILDING OFFICIAL - The duly appointed supervisor of the Building
Inspection Division of the City of Fort Collins or his authorized
agent.
CITY - The City of Fort Collins, Colorado.
CONSTRUCTION - The erection, alteration, repair or remodeling of any
building or structure or portion thereof within the city.
CONTRACTOR - Any person , firm partnership , corporation ,
association, other organization or any combination thereof as named
in this Article for a specific trade or class that undertakes with
or for another on any property within the City of Fort Collins to
engage in any work for which a license is required, and for which
said construction or demolition a fixed fee, trade-in-kind or other
compensation is normally made.
Section 73-118. Exemptions.
The following shall be exempt from the general requirements specified
in this Article:
A. An owner of any building performing minor alterations or repairs to
such building. for the purposes of this article, minor alterations
shall not include significant modifications to structural members
nor involve the electrical , plumbing, or mechanical systems except
for fixture replacement and emergency repairs, and except as
otherwise permitted in this article.
B . An owner who engages in any construction on a detached
single-family dwelling or accessory building which is or shall be
the owner's personal residence, provided that the owner constructs
no more than one (1) such dwelling or remodels, for the purpose of
resale, no more than three (3) such dwellings in any three-year
period from the date construction or alteration begins. If such
dwelling or accessory building is accidentally destroyed or
damaged, reconstruction and repairs thereto shall be exempt from
the time limitation as specified herein. Nothing herein shall be
construed so as to prevent an owner qualified in this subsection
from subcontracting with a contractor.
C. An owner engaged in demolition of any detached building housing an
R-3 occupancy as defined in the Building Code, or any building no
larger than three thousand (3,000) square feet and not exceed three
(3) stories as defined in the Building Code.
D. An employee of a contractor who is not otherwise regulated herein.
E. An owner of any building or property may obtain a building permit
on his or her own behalf for such building or property, provided
that only contractors licensed as prescribed in this article, in
other City regulations, and in Colorado law perform all related
construction, except as otherwise permitted for owners constructing
their own residences or performing minor alterations and repairs to
other buildings as provided in this article.
Section 73-119. Building Contractors Licensing Board.
The Building Contractors Licensing Board as established in Chapter 2,
Division 4 of the Code shall review all applications for licenses and
certificate prescribed in this Article to determing whether such
applicants are specifically qualified by experience or training to
perform the work and supervision within the scope of licenses or
certificates sought.
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Section 73-120. License required.
No person shall engage in the business of a contractor within the city
without a license as specified herein. 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
his annual fee, or whose license has been suspended or revoked. The
Building Official may issue a temporary license, valid for thirty (30)
days to a contractor license in other cities, whose application has
been filed, provided all related fees are paid and insurance
certificates are submitted. The Building Official may issue a
temporary certificate of qualification valid for thirty (30) days to a
qualified person designated by the contractor, provided that the
designee has filed an application, and paid all necessary fees. for
any work requiring a licensed contractor, permits shall be issued only
to the contractor or to his authorized representative. When any
portion of the work is excluded from the contract, the application for
a permit shall state the portions so excluded. Should the contractor
be discharged or abandon the work, said contractor shall notify the
Building Official , in writing, of the fact. No further work shall be
done until the Building Official is notified by the newly selected
contractor in writing.
Section 73-121 . Certificate of qualification required.
A. No Class A, B, C-01, C-02, D nor E contractor shall perform work
within the city without designating a certificate holder to
supervise such work pursuant to this Article.
B. Certificate of qualification. A certificate authorizes the holder
to perform and supervise work in a particular license category and
certifies that the holder of such has successfully completed a
written examination administered by the City or equivalent as
specified herein.
C. Certificate required. Prior to issuance of a building permit to
the holder of any Class A, B, C-01, C-02 D, or E building
contractor license, the holder of said license shall have employed
at least one certificate holder having a certificate for the class
required for issuance of the permit. Certificate holders shall
maintain reasonable standards of attendance on construction sites
as necessary to perform adequate supervision and as determined by
the Building Official .
D. Examination required.
Prior to obtaining said certificate, every eligible applicant for a
certificate of qualification shall take a written examination
administered by the city or equivalent as specified herein. Before
taking the examination, the applicant shall pay a non-refundable
application fee of fifty dollars ($50. ) Upon successful completion
of the examination, the city shall issue a certificate. Any
applicant who fails to achieve a passing grade as established by
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the Building Official shall be entitled to take another
examination, provided that the applicant shall be required to wait
a period of time, not less than thirty (30) days after which if the
applicant fails to achieve a passing grade on the second
examination, said applicant shall be required to wait a period of
not less than 180 days. The applicant shall pay a non-refundable
examination fee of fifty dollars ($50. ) for each examination.
Examinations shall be given at a time and place to be designated by
the Building Official .
The written examination for a certificate of qualification may be
waived by the Building Official provided that, the applicant can
prove that he or she has passed a satisfactory written examination
concerning the Building Code in another governmental jurisdiction
equivalent in scope to that administered by the City.
E. Renewal of certificates of qualification.
Certificates shall be renewed every three (3) years from date of
issuance. The Building Official shall authorize the renewal of a
certificate and the certificate holder shall not be required to
take the examination, provided that the certificate holder has been
involved in the supervision of work done by a contractor in the
particular category for which the certificate was issued. The fee
for a renewal certificate shall be ten dollars ($10) .
Section 73-122. Applications.
A. Prior to being issued any license or certificate specified herein,
all such applicants shall complete an application containing the
following information:
(1) Name, current mailing address, telephone number, and one form
of positive identification of the applicant.
(2) A written summary documenting the applicant's work for the
past three years in sufficient detail to identify the
applicant's experience related to the particular license or
certificate sought, as determined by the Building Official .
(3) A signed statement by the applicant acknowledging the
obligations associated with such license or certificate and
that falsification of said application will result in
immediate suspension of all privileges granted under such
license or certificate pending a hearing by the Board.
B. All such applications for any license or certificate in this
article shall be accompanied by a non-refundable processing fee of
fifty dollars ($50.) for each such application.
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Section 73-123. Classes of licenses; annual fees.
There shall be various classes of licenses limited in scope and annual
fees as set forth herein.
A. General Contractor Licenses.
(1) Class A, B, C-01, C-02, D and E General Contractor licenses
are not authorized to perform the specialized construction
trades for electric, plumbing, HVAC, refrigeration, solar,
alarms, fire-sprinkler systems, special fire extinguishing
systems, fuel -gas piping, and fuel facilities.
(a) Class A General Contractor. The holder of this license
shall be authorized to engage in construction or
demolition of any building or structure in the City,
including the installation of sidewalk, driveway, curb
and gutter, provided that for said work in the public
right-of-way, other requirements prescribed in Section
73-128 and Section 73-129 are met.
(b) Class B General Contractor. The holder of this license
shall be authorized to engage in the construction or
demolition of any building or structure in the City,
provided that when such work exceeds five (5) stories in
height, it shall be limited to work not involving the
structural frame as defined in the building code.
(c) Class C-01 General Contractor. The holder of this
license shall be authorized to engage in the construction
or demolition of any building or structure in the City,
provided that such work does not exceed two (2) stories
in height nor more than 7500 square feet in floor area.
(d) Class C-02 General Contractor. The holder of this
license shall be authorized to engage in the construction
or demolition of buildings or structures in the City not
exceeding two (2) stories in height and which are
classified as a Group R or M occupancy as defined in the
building code.
(e) Class D General Contractor. The holder of this license
shall be authorized to engage in the construction or
demolition of buildings or structures in the City
classified as a Group R. Division 3, or a Group M
occupancy as defined in the building code.
(f) Class E General Contractor. The holder of this license
shall be authorized to engage in the non-structural
alteration only of any building or structure in the City.
(2) The annual fee for each of the A, B, C-01, C-02, D and E,
General Contractor licenses is $100.00 and each such license
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shall be valid for a period of one(1) year from the date of
issuance.
B. Specialty contractor licenses.
(1) A license shall be required for those engaged in contracting
exclusively for one (1) trade listed herein and not otherwise
licensed. The annual fee for such license is fifty dollars
($50. )
(2) Prior to being issued any such license, the applicant shall
successfully complete a written examination administered by
the Building Official , or the applicant shall provide proof of
equivalent technical qualification as determined by the
Building Official . Trades eligible for specialty contractor
licenses are described as follows:
(a) Roofing: that work which consists of any material
applied as nonstructural roof covering.
(b) Demolition: that work which involves the dismantling or
razing of buildings and the salvaging of related
materials.
(c) HVAC: that work which consists of materials for the
installation of heating, ventilation, air conditioning
systems and the related piping , ducts , venting ,
appliances, controls and low-voltage wiring therefore,
excluding electrical and plumbing work, except
replacement of water heaters.
(d) Refrigeration: that work which consists of materials for
the installation of evaporative, absorption, and
mechanically operated refrigeration equipment, including
piping, vessels, controls and low-voltage wiring for
other than the interior building environment, and
excluding electrical and plumbing work.
(e) Solar heating: that work which consists of materials for
the installation of solar collectors, storage tanks and
related piping, except for electrical work and water
piping when connected to the potable water supply.
(f) Fuel -gas: that work which consists of the installation
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piping, and fittings for supplying fuel -gas, as
defined in the City Mechanical Code, and the replacement
of water heaters which does not involve alteration of
water supply piping nor appliance venting.
(g) Signs: that work which consists of materials for the
installation and erection of signs, except for electrical
work.
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(h) Fire sprinkler systems: that work which consists of
materials and 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.
(i ) Special fire extinguishing: that work which consists of
materials and installation of fire suppression systems
for the protection of specialized hazards such as
commercial kitchen equipment, paint booths, flammable
liquid facilities, and other special applications.
(j) Fuel facilities: that work which consists of the
installation, alteration, or removal of tanks, piping,
and dispensing equipment for petroleum fuels or other
fuels as regulated in the City Fire Code, excluding
electrical work.
(k) Alarm systems: that work which consists of materials for
the installation of low-voltage security or fire alarms
as defined in the National Electrical Code as adopted by
the city.
C. Jobbing contractor. The holder of this license shall be authorized
to engage in the construction and demolition of minor structures
including fences, sheds, garages, carports, and patio covers, and
to engage in alterations and repairs to such structures and
dwellings provided all work is limited to buildings classified as
Group R, Division 3 or Group M occupancies, and further, the total
replacement value of such work does not exceed $10,000 for any one
job. The annual fee for said license shall be fifty ($50.) .
Section 73-124. Responsibilities of contractor; revocation of license.
A. Any contractor shall be responsible for all work performed under
the permit issued.
B. All certificate holders shall be responsible for the supervision of
work assumed in accordance with the requirements of this Article,
including the following items:
(1) To faithfully construct, without substantial departure from
the drawings and specifications filed and approved by the city
and the permit issued for said construction, unless changes
are approved by the City.
(2) To obey any order or notice issued pursuant to this Article.
(3) To observe generally accepted safety standards.
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(4) To have in his possession at all times, the certificate of
qualification for the work being performed or supervised.
(5) To present the certificate when requested by the Building
Official .
(6) To pay any fees assessed to them under the authority of this
Article.
C. When the Building Official determines that a license holder or
certificate holder described in this article has committed any of
the acts outlined in subsection F. herein, or when a certificate
holder fails to provide adequate personal supervision on the work
site, the Building Official may order an immediate suspension of
all privileges granted under such license or certificate pending a
hearing before the next regular or special meeting of the Board.
Such suspension shall not exceed a period of fifteen (15) days for
each incident. Notification of said suspension shall be in writing
and shall be delivered to the certificate holder or an authorized
party listed on such license application by certified mail to the
last known address or by personal delivery at least three (3) days
prior to the hearing date above. The notification shall state in
reasonable detail the essential facts and reasons for said action
and shall advise the affected license or certificate holder of
right of appeal .
D. The Building Official shall , upon the verified complaint in writing
of any person alleging any of the acts outlined in subsection F,
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 C above.
E. At any suspension or revocation hearing, the holder may appear or
be represented by an attorney. In the absence of a personal
appearance on behalf of the holder, the Board may take action on
the matter based on the record. Any member of the city staff or
any other interested person may appear at such meeting and make a
presentation to the Board.
F. The Board shall have the power to suspend, revoke, or take other
disciplinary action on any license or certificate of qualification
when the Board determines that a holder thereof commits any of the
following:
(1) Willful and deliberate disregard of the Building Code or any
other code adopted by the city.
(2) Failure to comply with any of the zoning ordinances or health
and safety ordinances of the city.
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(3) Failure to comply with any lawful order of the Building
Official .
(4) Misrepresentation of a material fact by a license holder in
obtaining a license, or fraud in obtaining a license.
(5) Fraudulent use of a license to obtain permits for another or
the lending of a license for any purpose.
(6) Failure to obtain a building permit for any work as required
by the Building Code.
(7) Commitment of any act of negligence, incompetence, or
misconduct in the performance of the contractor's specific
trade which results in posing a substantial threat to public
health and safety.
G. If a license is revoked, the contractor shall not be granted
another license under this Article for at least twelve (12) months
after the date of revocation. If a license is suspended, the Board
shall state the period and terms of the suspension.
Section 73-125. Violations and penalties.
In addition to the suspension or revocation of license or certificate
of qualification 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 , may be found guilty of a violation of said Article,
and each such person may be found guilty of a separate offense for each
and every day or portion thereof during which any violation of the
provisions of said Article is committed, continued or permitted.
Section 73-126. Safety and insurance requirements.
All laws relating to safety of employees and the public shall be
observed at all times by any contractor regulated herein. Every such
contractor shall maintain Workman's Compensation Insurance as required
by State law, and public liability insurance in the minimum amounts as
follows: $100,000 per person, $300,000 per accident, and $300,000 per
accident involving public property.
Section 2. That Chapter 56, regulating gas fitting and piping, is
hereby repealed in its entirety.
Section 3. That Chapter 62, regulating heating and air conditioning
trades, is hereby repealed in its entirety.
Section 4. That Section 86-2(H) (5) (c) of Chapter 86 of the Code of
the City of Fort Collins be amended as follows:
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(c) Persons or companies who engage in, conduct or carry on the
business of installing, altering or repairing building sewers
and private sewage disposal systems are not required to be
plumbers AS DEFINED HEREIN.
Introduced, considered favorably on first reading, and ordered
published this 21st day of April , A.D. 1987, and to be presented for final
passage on the 5th day of May, A.D. 1987.
Mayo '•
ATTEST:
City Clerk
Passed and adopted on final reading this 5th day of May, A.D. 1987.
May
TTEST:
City Clerk \
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