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HomeMy WebLinkAbout093 - 07/21/1981 - REPEALING AND REENACTING ARTICLE XVII OF CHAPTER 73 OF THE CITY CODE AS IT RELATES TO BUILDING CONTR ORDINANCE NO 93 , 1981 OF THE COUNCIL OF THE CI7TUF FORT COLLINS REPEALING AND REENACTING ARTICLE XVII of CHAPTER 73 OF THE CODE OF THE CITY OF FORT COLLINS AS IT RELATES TO BUILDING CONTRACTOR LICENSING WHEREAS, the City currently licenses building contractors, and WHEREAS, due to the growth in the construction industry in the City, the existing building contractor licensing ordinance is in need of revision, and WHEREAS, the Council considered the proposed building contractor licensing ordinance at a work session during June, 1981, and WHEREAS, the Council finds that the proposed building contractor licensing ordinance is in the public interest NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Article XVII of Chapter 73 (Contractors) of the Code of the City of Fort Collins be, and it hereby is, repealed in its entirety and reenacted to read as follows §73-117 Definitions For the purpose of this Article, the following terms shall have the meaning indicated A Board - The Building Contractor Licensing Board of the City of Fort T6 Tins B Buildin Code - The latest edition of the Uniform Building Code as a op e y the City of Fort Collins C Certificate Holder - A person designated by a contractor who holds a erti icate o 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 exclusively employed by one contractor for the express purpose of supervising construction done by said contractor D Chief Building Official - The duly appointed supervisor of the Building Inspection Division of the City of Fort Collins or his authorized agent E City - The City of Fort Collins, Colorado F Contractor - Any person, firm, partnership, corporation, association, of ei r organization or any combination thereof that undertakes with or for another on any property within the City of Fort Collins, to engage in construction or demolition of any building or structure or any work for which a license is required, and for said construction or demo- lition a fixed fee, trade-in-kind, or other compensation is normal- ly made G Construction - The erection, alteration, repair, remodeling of any building or structure or portion thereof within the City H Subcontractor - Any contractor engaged in a special , single trade as set forth in this Article who is working exclusively for a class A, B, C, or D Building Contractor §73-118 Exemptions The following shall be exempt from the general requirements specified in this Article A An owner making non-structural repairs to any building such as window replacement, roofing repairs, interior wallboard repair, and other such cosmetic repairs not involving electrical wiring, mechanical systems or plumbing except for fixture replacement and temporary emergency re- pairs 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 such dwelling or remodels, for the purpose of resale, three such dwellings in any three-year period from the date construction or alteration begins If such dwelling or accessory building is acci- dentally 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 3,000 square feet and not exceeding three stories as defined in the Building Code D An employee of a contractor who is not otherwise regulated herein E A subcontractor -2- §73-119 Building Contractor Licensing Board A Purpose and composition In order to review applications for licenses, certi icates ot qua i ication, and to accomplish the provisions and objectives of this Article, there is hereby created a Building Con- tractor Licensing Board consisting of five (5) regular members and two (2) alternate members All members shall serve without pay The Chief Building Official shall be a non-voting, ex officio member of the Board Three (3) regular or alternate members shall constitute a quorum Alternate member shall have voting privileges when necessary to obtain an odd number of total votes B Appointment and term of office The members of the Board shall be appointed y the City Go, and shall serve for terms of four (4) years Alternate members shall be appointed for two (2) years If a vacancy occurs in the Board for any cause, such vacancy shall be filled by appointment by the City Council Each member shall hold over after the expiration of his term until his successor has been appointed C Officers of the Board At the first regular meeting in each year, the Board shall elect officers to serve for a term of one ( 1) year These officers shall consist of a Chairman and Vice Chairman The Chief Building Official shall act as Secretary D Duties and powers of the Board The Board shall adopt reasonable rules and regulations for the con uct of business including the consideration of license applications, the holding of examinations, the suspension and revocation of licenses and all other matters pertaining to the proper administration of this Article The Board shall render all decisions and findings in writing to the Chief Building Official , with a duplicate copy to the applicant The Board may recommend new legis- lation to the City Council In the event of practical difficulties or undue hardships caused by the strict application of this Article, the Board in a specific case, by unanimous vote, may vary the application of the regulations herein established in harmony with their general purpose and intent E Appeals A decision of the Board may be appealed by the City or the ap—�icant, provided the appellant shall submit written notice of appeal to the City Clerk within fourteen (14) days of the date of the Board action The City Clerk shall cause the matter to be placed on the City Council agenda for hearing at either the next regularly scheduled meeting of the City Council , if such written notice is received by the City Clerk at least fourteen (14) days prior to such meeting, or at the next successive regularly scheduled meeting The Council shall conduct a new hearing on the appealed matter The Council , by a majority vote, shall have the power to overrule any decision of the Board -3- §73-120 License Required No person shall engage in the business of a contractor within the City without a license No building permits shall be issued to any con- tractor who has not obtained a license, is delinquent in the payment of his annual fee or whose license has been suspended or revoked The Chief Building Official may issue temporary building permits to a contractor licensed in other cities, whose application has been filed, pending Board action, provided, the annual license fee is paid and insurance certificates are submitted The Chief Building Official may issue a temporary Certificate of Qualification to a qualified person designated by the Contractor, provided the designee has filed an application, pending Board action, and paid all necessary fees Such temporary permits or certificates may be revoked if the application for a license is denied by the Board For any work requiring a licensed contractor, permits shall be issued only to the contractor or to his authorized representative If 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, he shall notify the Chief Building Official in writing of the fact No further work shall be done until the Chief Building Official is noti- fied by the newly selected contractor in writing §73-121 Certificate of Qualification Required A No Contractor shall engage in business within the City without desig- nating a Certificate Holder pursuant to this article B The Contractor so designating a Certificate Holder, shall notify the Chief Building Official in writing, within five (5) business days when such Certificate Holder no longer complies with the requirements for such designation as defined in this article In the case of notifica- tion by mail , notification shall be effective upon receipt by the Chief Building Official Failure of the contractor to notify the Chief Building Official shall be cause for suspension or revocation of the license An acting Certificate Holder may be designated by the Contractor provided such person is designated within fifteen (15) days after the disqualification date of the prior Certificate Holder Such acting Certificate Holder shall be considered as fulfilling the re- quirements of this Article without obtaining a certificate of quali- fication subject to the following conditions 1 A Temporary Certificate of Qualification Application is filed with the Chief Building Official within the specified 15-day period and includes credentials, references, and details of experi- ence indicating the applicant's abilities as a contractor 2 The Chief Building Official , after review of the application , determines that the applicant is qualified to become a Certificate Holder for the particular license category held by the Contractor -4- If an acting Certificate Holder complies with the above conditions, a Temporary Certificate of Qualification shall be issued and shall expire after 60 days, upon which expiration the Contractor shall have employed a permanent Certificate Holder qualified by examination as specified in this Article Otherwise, the license shall be deemed suspended until such Certificate Holder is obtained and the Chief Building Official is notified accordingly C Certificate of Qualification A certificate authorizes the holder to perform and supervise work in a particular license category The certificate is not transferrable D Certificate Required Prior to being issued a Class "A", "B", "C", or "D" Building Contractor's License, the applicant for said license shall designate one person as being responsible for general supervision of all construction within the City The designated person shall obtain a Certificate of Qualification Any such license shall be valid only as long as the named Certificate Holder remains qualified as specified in this Article A Certificate Holder shall maintain reasonable standards of personal attendance on the construction site as determined by the Chief Building Official E Examination Required 1 Every eligible applicant for a Certificate of Qualification shall take an examination administered by the City Before taking the examination, the applicant shall pay a non-refundable appli- cation fee of Fifteen Dollars ($15 00) If the applicant passes the examination, the City shall issue a certificate Any applicant who fails to pass any examination for a certificate shall be entitled to take another examination, provided, the applicant shall be required to wait a period of time, not less than two (2) months and not more than six (6) months, specified by the Board The applicant shall pay a non-refundable examination fee of Fifteen Dollars ($15 00) for each examination 2 Examinations shall be given once each month at a time and place to be designated by the Chief Building Official Notification of such examinations by the Chief Building Official shall be given, at least fifteen days in advance, to every eligible applicant as determined by the Board 3 The written exam for a Certificate of Qualification may be waived by a majority vote of the Board provided the following conditions are met a) If the applicant can show that the applicant has passed a satisfactory written examination concerning the Building Code in another governmental jurisdiction, or -5- b) If an engineer or architect registered in the State of Colorado can show a professional license was obtained as a result of a written examination and upon further showing of construction experience satisfactory to the Board F Renewal of Certificates of Qualification Certificates shall be renewed every three (3) years from date of issuance The Chief Buil- ding Official shall authorize the renewal of a certificate and the certificate holder shall not be required to take the examination, provided, 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 00) §73-122 Eligibility for Licenses and Certificates of Qualification A The determination of eligibility for a contractor license or a certifi- cate of qualification and all hearings for suspension or revocation or other matters pertaining thereto, shall be by the Board Applica- tions for such licenses and certificates shall be provided by the City and the applicant shall furnish such information as the Board may prescribe Each application shall be placed on the agenda for the next regular meeting of the Board, provided that all fees have been paid and the application is received at least seven (7) days prior to the next regular meeting B If, in the opinion of a majority of the Board, an applicant is quali- fied by training and/or experience to fulfill the obligations of a contractor, it shall notify the Chief Building Official that such applicant is eligible for a contractor license and the Chief Building Official shall then issue the license after the applicant or the applicant's designee obtains a Certificate of Qualification and makes payment of the annual fee C If, in the opinion of a majority of the Board, an applicant is quali- fied by training and/or experience to fulfill the obligations for holding a Certificate of Qualification and the application is accom- panied by an examination fee, it shall notify the Chief Building Official that such applicant is eligible for a written certification examination and the applicant shall be scheduled for the next available examination §73-123 Classes of Licenses, Annual Fees There shall be various classes of licenses and an annual fee shall be as prescribed for each class All license fees shall be payable annually in full and shall be for a term of one year from the date on which issued -6- A Building Contractor Licenses 1 Building Contractor Class "A" The holder of this license shall be authorized to engage in con- struction of any building or structure and the demolition of a building or structure if the contractor estabishes that a new building or addition will be erected on the same site This license shall also entitle the holder to the privileges and duties of a sidewalk, driveway, curb and gutter contractor license as provided in the Code of the City of Fort Collins, provided that the required bond shall be posted All such work shall be performed under the supervision of the holder of a Class "A" Certificate of Qualification The annual license fee for a Class "A" License shall be One Hundred Twenty Dollars ($120) 2 Building Contractor Class "B" The holder of this license shall be authorized to engage in con- struction of any structure or building, except that such construc- tion on those buildings of Type I or Type II construction , as defined in the Building Code, exceeding the height and area which is permitted for a Type III building as defined in the Building Code, shall be limited to interior work not involving the struc- tural frame of the building as defined in the Building Code The demolition of any one-family or two-family dwelling or any one-story building is permitted under this license if the con- tractor establishes that a building or addition will be erected on the same site All work herein described shall be performed under the supervision of the holder of a Class "A" or Class "B" Certificate of Qualifica- tion The annual license fee for a Class "B" license shall be One Hundred Five dollars ($105) 3 Building Contractor Class "C" The holder of this license shall be authorized to engage in con- struction of Type III , IV and V buildings housing Group R, Division 1, Apartment Occupancies, Group R, Division 3 and Group M occupan- cies as defined in the Building Code, provided, that buildings housing Group R, Apartment Occupancies , do not exceed two ( 2) stories in height and, furthermore, that a single story building is limited to 6,000 square feet of floor area and a two-story building -7- is limited to 12,000 square feet The holder of this license may also engage in the interior construction of any other building provided such work does not involve the structural frame of the building as defined by the Building Code The demolition of any one-family or two-family dwelling or group M occupancy building or structure as defined in the Building Code is permitted under this license if the contractor establishes that a new building or addition will be erected on the same site All work herein described shall be performed under the supervision of the holder of a Class "A", Class "B" or Class "C" Certificate of Qualification The annual license fee for a Class "C" license shall be Ninety Dollars ($90) 4 Building Contractor Class "D" The holder of this license shall be authorized to engage in con- struction on any Group R-3 or Group M occupancy building as defined in the Building Code or in the interior of any other building provided such work does not involve the structural frame of other buildings as defined in the Building Code and, furthermore, that the total value of labor and materials for such construction in other buildings does not exceed $3,000 for any specific job The demolition of any one-story Group R-3 or Group M occupancy building or structure is permitted under this license if the licensee establishes that a new building or addition will be erected on the same site All work herein described shall be performed under the supervision of a holder of a Class "A" , Class "B" , Class "C" or Class "D" Certificate of Qualification The annual license fee for a Class "D" license shall be Seventy- Five Dollars ($75) B Special Contractor License This license shall be issued by the Board to those engaged in contracting exclusively for one trade listed herein and not otherwise licensed The annual fee for such license is Fifty Dollars ($50 00) Trades eligible for Special Contractor 's licenses include the fol- lowing 1 Masonry - that work which consists primarily of brick, stone and concrete building units -8- 2 Concrete - that work which consists of placing concrete and necessary reinforcement 3 Roofing - that work which consists of any material applied as non-structural roof covering 4 Wallboard and Partition - that work which consists of any material approved for interior wall finish or non-structural partitions using light gauge non-combustible framing 5 Light Wood Framing - that work which consists of dimensional , structural wood members , exterior sheathing and siding , except heavy timber construction as defined in the Building Code 6 Fencing - that work which consists of any materials approved for fences except masonry 7 Demolition - that work which involves the dismantling or razing of buildings and salvaging of related materials 8 Siding - that work which consists of any materials approved for exterior wall coverings 9 Insulation - that work which consists of materials approved for building insulation 10 Automatic Irrigation - that work which consists of materials approved for the installation of irrigation of landscaping plants, except connections to the potable water supply 11 Automatic Fire Extinguishing Systems - that work which con- sists of materials for the installation of any type of automa- tic fire extinguishing system 12 Alarm Systems - that work which consists of materials for the installation of low voltage security or fire alarms as defined in the National Electric Code as adopted by the City 13 Swimming Pools - that work which consists of materials for the installation of swimming pools, spas and tubs, except for electrical work, heating systems, and water piping when connected to the potable water supply 14 Fireplace Stoves - that work which consists of materials for the installation of approved manufactured solid fuel space heating appliances, except for electrical work and water piping when connected to the potable water supply -9- 15 Patio and Awnings - that work which consists of materials for the installation of attached lightweight, pre-fabricated awnings, patio covers and carports, not requiring structural modification of the existing building 16 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 17 Sewers - that work which consists of materials for the instal- lation of building sewers downstream of the building drainage system 18 Structural Steel - that work which consists of materials for the erection of structural steel framework 19 Signs - that work which consists of materials for the instal- lation and erection of signs, except for electrical work 20 Steam fitting - that work which consists of materials for the installation of steam piping 21 Glazing - that work which consists of materials for the installation of windows and glazing in other than residential occupancies Upon recommendation from the Chief Building Official , the Board may designate additional special trade categories not listed herein and establish the qualifications for persons engaged in such similarly limited trades which develop after the adoption of this Article C Jobbing Contractor License This license shall entitle the holder to contract for the construction of minor structures such as fences, sheds, private detached garages, attached carports and patio covers or minor alteration and repair of any other building or structure All such construction shall not involve significant alteration of existing load-bearing construction, existing fire-resistive construction or any exiting system of a building as determined by the Chief Building Official The total value of labor and materials for such construction shall not exceed Three Thousand Dollars ($3000) An annual fee of Thirty Dollars ($30) shall be required for the issu- ance of this license §73-124 Responsibilities of Contractor and Certificate Holder, Revocation and Suspension of Licenses and Certificates A Any contractor shall be responsible for all work performed under the permit issued -10- B All Certificate Holders shall be responsible for the supervision of work assumed in accordance with the requirements of this Article in- cluding the following items 1 To faithfully construct, without substantial departure from the drawings and specifications filed and approved by the City and permit issued for said construction, unless changes are approved by the City, and 2 To obey any order or notice issued pursuant to this Article 3 To observe generally accepted safety standards, and 4 To have in possession, at all times, the Certificate of Qualifi- cation for the work being performed or supervised, and 5 To present the certificate when requested by the Chief Building Official , and 6 To pay any fees assessed to them under the authority of this Article C If the Chief Building Official determines that a contractor or certi- ficate holder has willfully and deliberately violated the Building Code, disobeyed any lawful order issued by the Chief Building Official or when the contractor's designated Certificate Holder fails to provide personal supervision at the work site in accordance with reasonable standards of attendance, the Chief Building Official may order an immediate suspension of all privileges granted under the license pending a hearing before the next regular or special meeting of the Board The suspension shall be for a period no longer than fifteen days (15) The suspension order shall be in writing and delivered to the certificate holder or an authorized party listed on the contrac- tor's license application by certified mail or personal delivery Such order shall state, in reasonable detail , the facts and reasons for the action D The Chief Building Official shall , for ,lust cause described herein, and upon the verified complaint in writing of any person, convene the Board for the purpose of holding a hearing to determine whether or not any license or certificate of qualification issued hereunder should be suspended or revoked The contractor or certificate holder shall be given notice in writing of the meeting of such Board, such notice to be sent by registered mail , postage prepaid, mailed to the last known post office address at least five (5) days in advance of the time of such meeting Such notice shall state the time and place of the meeting and shall advise the contractor at whose instance the complaint was made and the specific charges made -11- 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 or revoke any license or certificate of qualification if the holder thereof commits any of the following acts or omissions 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 3 Failure to comply with any lawful order of the Chief 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 lending of a license for any purpose 6 Failure to obtain a building permit for any work as required by the Building Code 7 Adjudication of insanity or incompetency B Commitment of any act of gross negligence, incompetence or mis- conduct in the conduct of the contractor's specific trade or busi- ness 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 §73-125 Violations In addition to the suspension or revocation of a license or certificate of qualification by the Board as provided herein, any person, firm or corpor- ation violating any of the provisions of this Article or any lawful rule or regulation of the Board, or any lawful order of the Chief Building Offi- -12- cial , 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 §73-126 Safety and Insurance Requirements A All laws dealing with measures for the safety of workmen and of the public shall be observed, in addition to any requirements contained within this Article Every contractor granted a license of any kind under the terms hereof shall be required to maintain, at all times, employees ' liability insurance or workmen's compensation insurance and public liability insurance of a minimum limit of not less than fifty thousand dollars ($50,000) for one ( 1) person and one hundred thousand dollars ($100,000) in any one (1) accident and public property damage insurance with a minimum limit of not less than twenty-five thousand dollars ($25,000) for one (1) accident B At the time application is made for examination and before a license can be issued, the contractor shall file with the City Clerk a certi- ficate signed by a qualified agent of an insurance company qualified to bid for insurance coverage for the City, stating that a policy or policies have been issued to the contractor for employees' liability insurance or workmen's compensation insurance, public liability insur- ance and public property damage insurance, the names of the companies, the effective date of such policies and the expiration date of such policies, together with a statement and a copy of an endorsement placed on such policy or policies requiring ten ( 10) days' written-notice by registered mail to the Chief Building Official , if it becomes neces- sary to cancel the policy or policies for any reason In the event of a cancellation of a policy or policies, the Chief Building Official shall immediately notify the contractor and the Board and the license shall automatically be revoked The license may be reinstated by the Board when the licensee has furnished a certificate of insurance in compli- ance with this Article C The provisions of this section relating to the obtaining and main- taining of insurance coverage shall apply to all contractors as defined in this Article, except jobbing contractors §73-126 5 Implementation and Transitional Provisions This section shall apply only to those contractor licenses already issued at the time of adoption of this Article All contractor licenses shall remain in full effect subject to the following provisions A Upon expiration of an Unlimited General Contractor's License, the holder shall be automatically eligible for either a Building Contractor -13- Class B, C, or D License and a certificate of qualification for the license received without a reexamination or a determination of eligi- bility by the Board Any holder of an Unlimited General Contractor's License, upon expiration of such license, may submit an application for a Building Contractor Class A License and be granted the privileges of said license without reexamination subject to determination of eligi- bility by the Board within 90 days after the application date and, provided, the specified annual fee is paid for said license at the time of application The determination of eligibility by the Board shall be based on the applicant's qualifications by training and/or experience to competently perform the work and privileges granted a Building Contractor Class A License B Upon expiration of a Limited General Contractor's License, the holder shall be automatically eligible for a Building Contractor Class D License and certificate of qualification for such license without a reexamination or determination of eligibility by the Board C Upon expiration, any holder of a Special Contractor's License engaged in only those trades as described in this Article shall be eligible for a Special Contractor License Introduced, considered favorably on first reading, and ordered pub- lished this 7th day of J 1981, and to be presented for final passage on the 2151 day o� rz ayory ATTES(T� 1 ity Uler Passed and adopted on final reading this 21st day of July , 1981 2 ATTEST ay r �1 � City Clerk -14-