HomeMy WebLinkAbout030 - 12/08/1955 - REGULATING THE LICENSING OF CONTRACTORS, PROVIDING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS ORDINANCE NO 30 , 19553
REGULATING THE LICENSING OF CONTRACTORS, PROVIDING PENALTIES
FOR THE VIOLATION OF ITS PROVISIONS AND REPEALING ALL ORDI-
NANCES IN CONFLICT HEREWITH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
Section 1. CONTRACTOR DEFaM) A Contractor within the meaning of this
ordinance, is a person, firm, co-partnership, corporation, association, or other
organization, or any combination thereof,
(a) Who undertakes with or for another, within the City of Fort Collins,
to build, construct, alter, repair, add to, move, or wreck any building or structure
or any portion thereof, for which a permit is required and for a fixed sum, price,
fee, percentage, or other compensation, or any combination thereof
(b) Who builds, constructs, alters, adds to, moves, or wrecks any building
or structure either on his own or other property for purpose of resale or rental
except residence buildings, and buildings or structures accessory thereto,
intended for his own personal use and occupancy. A person constructing his own
home, without the aid of a lieensed contractor, may secure a permit on only one
residence in any twelve month period and the construction of more than one residence
by said person in any one year shall be construed to mean for re-sale.
Section 2 EXCEPTIONS TO DEFINITION OF CONTRACTOR.
(a) Sub-Contractors working for and under the supervision of a general
contractor
(b) Plumber, electricians, or other specialized trades for which special
licenses are required
(c) Owners making ordinary repairs to any building, which repairs do not
involve the structure of the building and on which a contractor is not employed
(d) Persons or organizations who would otherwise qualify as contractors
If the total value of all labor and materials utilized for such work does not
exceed one hundred ($100.00) collars.
Section 3, BUILDING AND CONTRACTORTS LICENSING BOARD.
(a) Purpose and Composition. In oraer to review applications for licenses
and to accomplish the provisions and objectiveslof this ordinance, there is hereby
created a Building and Contractor's Licensing Board consisting of five members, to
serve without pay, in adaition to the City Attorney and City Building Inspector
who shall be ex-officio members of the Board and without vote Three members shall
constitute a quorum.
(b) Appointment and Term of Office. The members of the Building and
ContractorTs Licensing Board shall be appointed by the City Council in the first
instance for terms of one, two, three, and two for four years, respectively, ana
thereafter as said terms expire for periods of four years each If a vacancy occurs
in the Board for any cause, such vacancy shall be filled by appointment by the City
Council. Each member shall bola over after the expiration of his term until his
successor has been appointed.
(c) Meetings. The Building and ContractorTs Licensing Board shall meet
on the fourth Thursday of January, April, July and October Special meetings may
be called by the City Building Inspector in capacity as Secretary of the Board,
with the approval of the Chairman of the Board, on the fourth Thursday of any month
for the purpose of transacting only business which may not properly be held over to
a regular meeting, and the Chairman or the Secretary of the Board is hereby empowered
to call meetings to consider violations of this ordinance The Board shall also
have the power to act upon its own motion. Continued absence of any member from
regular meetings of the Board, shall at the L scretion of the City Council of Fort
Collins, render any such member fable to immediate removal from office, and no
Board member shall act in a case in which he has a personal interest.
(d) Officers of the Board. At the first regular meeting in each year the
Board shall elect officers to serve for a term of one year These officers shall
consist of a chairman and vice-chairman, and the City Building Inspector shall
act as Secretary
-2-
(e) Duties and Powers of the Board. The Board shall adopt reasonable
rules and regulations for the conduct of its business, the consideration of License
Applications, the holding of examinations, revocations of licenses and all other
matters'pertaining to the proper administration of this ordinance The Board shall
render all decisions and findings in writing to the Chief Building Official with a
duplicate copy to the applicant for permit, and may recommend to the City Council
such new legislation as is consistent therewith In the event of practical diffi-
culties or undue hardships in carrying out the strict letter of this ordinance, the
Board in a specific case, by unanimous action, may determine and vary the applica-
tion of the regulations herein established in harmony with their general purpose
and intent The Council by majority vote of its members, shall have the power to
overrule any aeci L on of the Board
Section 4 BUILDING INSPECTOR IS CHIEF BUILDING OFFICIAL The Chief
Builoing Official within the meaning of this ordinance is the City Building
Inspector The words "building official" shall be used in this ordinance to mean
either the Chief Building Official or one of his deputies
Section 5 ISSUANCE OF LICENSES The determination of eligibility for
licenses, all hearings for suspension or revocation of licenses, or other matters
pertaining thereto, shall be by the Building and Constractorts Licensing Board Ap-
plications for contractorts licenses shall be on such forms and shall furnish such
information as the Board ray prescribe, and shall be accompanied by an examination
fee of Ten Dollars (810.00). Examinations shall be given at reasonable intervals
and if in the opinion of a majority of the Board, the applicant is qualifiea by
trai mng ana/or experience and is financially and morally responsible to fulfill
the obligations of a contractor, it shall direct the City Clerk to issue the
applicant a license upon payment of the annual license fee herein prescribed, of
which the examination fee shall be a part.
-J-
Section 6 CLASSES OF CONTRACTORS AND ANNUAL LICENSE FEES THEREFORE.
The Contractor's Board of Examiners shall autnorize licenses for the following
classes of contractors and the annual fee shall be as prescribed for each class
All license fees shall be payable annually on or before the first day of February
of each year License fees shall not be prorated for any portion of a year
(a) General Contractor's License (Unlimited). This license shall entitle
the holaer thereof to contract for the construction, alteration, or repairing of
any type or size of structure permitted by the City Building Code Moving
contractors are considered as general contractors for the purpose of this ordinance
license
The annual/fee shall be ene Hundred Doj24*4V0($1W10Qe This license shall also
entitle the holder thereof to the privileges and duties of a cement contractorts
license as provided in the ordinances of Fort Collins, providing the required bond
shall be posted as required by said ordinances.
(b) Limited Contractor's License. This license shall entitle�,the holder
thereof to contract for the construction, alteration, or repairing of one or two
family residential buildings of two stories or less outside the Fire Limits,
provided, that General Contractors (Limited) may not contract for commercial
buildings, public buildings, or places of public assembly. The annual license
fee shall be One Hundred � er6CO-1®O;4O)a
(c) Special Contractor's License. This license shall be authorized by
the Board to those engaged in contracting for labor or for labor and material
involving only one trade, not otherwise licensed, such as brick or stone contractors,
contractors
plastering,/ painting contractors and roofing contractors. Such license may include
no more than one such traae carried on by the Licensee. The license herein required
shall not apply to employees exclusively employed by a licensed limited or unlimited
contractor The annual license fee shall be Fifty Dollars ($50 00). This license
shall also be issued to wrecking contractors and shall entitle the holaer thereof
-4-
to deal in second hand building materials. No wrecking shall be done except by
a licensed wrecking contractor, except that a licensed general contractor of the
unlimited or limited classes may wreck buildings or remove portions of a building
on which they are licensea to work where such wrecking is a portion of a program
of alteration or remoaelling
(d) Jobbing ContractorTs License. This license shall entitle the holder
thereof to contract for the building or construction of minor structures such as
fences, sheds, and private garages or for the alteration or repair of other
buildings or structures, providing such work does not involve, in the opinion of
the Building Inspector, the load bearing structure of the building, and provided
the total value of the labor and materials for each complete job shall not exceed
Three Thousand Dollars ($3,000.00) The annual license fee shall be Fifteen
Dollars ($15 00)
Section 7. LICENSE REQUIRED. No person shall engage in the business of
a contractor as defined in this ordinance within the corporate limits of the City
of Fort Collins without having a license from the City of Fort Collins No building
permits shall be issued to any contractor who has not first obtained a license,
or is delinquent in the payment of his annual fee, or whose license has been
suspended or revoked by action of the Contractorts Board of Examiners. The Chief
Building Official may at his discretion, issue temporary building permits to
contractors licensed in other cities whose applications have been filed pending
action of the Board, prov3-=ng the full first yearts license fee and insurance
certificates are deposited by him. Such temporary permits may be revoked if the
application for license is denied by Board. On wr work requiring a licensed
contractor, permits shall be issued only to the contractor or to his authorized
representative. If any portion of the work be excluded from the contract, the
application for permit shall state the portions so excluded Should the contractor
-5-
K
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 a new licensed contractor
has been selected who shall notify the Chief Building Official in writing of his
selection to complete the work.
Section 8 DUTIES AND RESPONSIBILITIES OF A CONTRACTOR A contractor
shall be responsible for all work incluaed in his contract, whether or not such
work is done by him directly or by sub-contractor. He shall be responsible for
all funds or property received by him for prosecution or completion of a specific
contract or for a specific purpose. The Chief Building Official may upon his own
motion, and shall upon the verified complaint in writing of any person, require
any contractor to appear before the 00Board for hearing upon five days notice in
writing, mailed to his last known post office address by registerea mail, and
the Board shall have the power to temporarily suspend or permanently revoke a
license if the holder thereof is found guilty of or commits any one or more of
the following acts or omissions
(a) Abandonment of any contract without legal cause.
(b) Diversion of funds or property received for performance or completion
of a specific contract, or for a specified purpose in the performance or completion
of any contract, and their application or use for any other contract, obligation
or purpose, or the failure, neglect or refusal to use such funas or property for
the performance or completion of said contract.
(c) Fraudulent departure from, or disregard of,plans or specifications
in any material respect, without consent of the owner or his duly authorized
representative
(d) Wilful and deliberate disregara and violation of the building code
of the City of Fort Collins or failure to comply with any of the zoning ordinances
or health ana safety ordinances or any lawful order of the Building Inspector.
-6-
(e) Failure to keep records showing all receipts and disbursements of
the licensee in all of his transactions as a contractor as the term is defined
in this ordinance, and to produce the same for examination by the Board when so
required.
(f) Mis-representation of a material fact by applicant in obtaining a
license
(g) The doing of any wilful, fraudulent act by the licensee as a contractor
in consequence of which another is substantially injured
(h) Fraudulent use of license to obtain building permits for another
(i) Carelessness or negligence in providing reasonable safety measures
for the protection of workmen and the public.
(j) Failure to obtain a building permit for any work as required by this
code The Board may re-instate a license to any contractor whose license has
been revoked, provided three or more members of the Board vote in favor of such
re-instatement for the reasons the Board may deem sufficient
Section 9 PENALTIES FOR VIOLATION. In addition to suspension or
revocation of license by the Board as provided by this ordinance, any person,
firm, or corporation violating any of the provisions of this ordinance or any
lawful rule of regulation of the Building and Contractorts Licensing Board, or
any lawful order of the Building Inspector, shall be deemed guilty of a violation
of this ordinance and each such person shall be deemed guilty of a separate offense
for each and every day or portion thereof during which any violation of any of the
provisions of this ordinance are committed, continued or permitted, and upon con-
viction for any such violation such person shall be punished by a fine of not more
than Three Hundred Dollars ($300.00) or by imprisonment in the City Jail for not
more than thirty days, or by both such fine and imprisonment in the discretion of
the court.
f
-7-
Section 10. SAFETY MEASURES AND INSURANCE REQUIREMENT. All state laws
and municipal ordinances dealing with measures for the safety of workmen and of
the public, shall be observed in addition to any requirements contained within this
ordinance Every contractor granted a license unaer the terms of this orainance
shall be required to maintain at all times Employeest Liability Insurance or
Workmen's Compensation Insurance, (if employees are hired by such contractor)
and Public'Liability Insurance with minimum limits of not less than Fifteen
Thousand Dollars for one person and Thirty Thousand Dollars in any one accident,
and Public Property Damage Insurance with a minimum limit of not less than Ten
Thousand Dollars ($10,000.00) for any one accident.
At the time application is made for examination, and before a license
can be issued, the Contractor shall file with the City Clerk a certificate signed
by a qualified agent of an insurance company qualified to bid for insurance
coverage for the City, stating that policy or policies have been issued to the
licensee for Employees' Liability Insurance or Workmen's Compensation Insurance
(where required), Public Liability Insurance and Public Property Damage Insurance,
the names of the Company, the effective date of such policies, the expiration date
of such policies, together with a statement and a copy of an endorsement placed
on such policy or policies requiring ten days written notice by registered mail
to the City Clerk, if it becomes necessary to cancel the policy or policies, for
any reason In the event of a cancellation of a policy or policies, the City
Clerk shall inmediately notify the licensee and the Building Inspector in his
capacity as Secretary of the Building and Contractorts Licensing Board, and the
licensee shall be required to furnish a new certificate in full compliance with
the terms of this ordinance and the license shall automatically be revoked. The
license may be reinstated by the Board, when the licensee has furnished a certi-
ficate of insurance in compliance with this ordinance.
-8-
Section 11 REPEALING CLAUSE Any ana all other City ordinances or
parts thereof in conflict with this ordinance are hereby repealed.
Section 12 SEPARABILITY CLAUSE If any section, sub-section or pro-
vision of this ordinance or the application thereof to any person or circumstances
is declared unconstitutional or otherwise invalid by any competent court, such
invalidity shall not affect the other sections, sub-sections, provisions, or
applications of this ordinance if they can be given effect without the invalid
section, sub-section, provision, or application, and to this end the provisons
of this ordinance are declared to be severable
Section 13. EFFECTIVE DATE. This ordinance shall be, and is hereby
declared to be in full force and effect, from and after thirty (30) days from
its date of final passage and approval.
Introduced, considered favorably on first reading and ordered published
this loth day of November, A. D. 1955, and to be presented for final passage on
the 8th day of December, A. D. 1955
r
mayor
ATTEST /
city Glerk
as amended
Passe4and adopted-on final reacaing this 8th day of December, A. D. 1955.
0 zp .2 Zz.I- , - __>
ayor
ATTEST
city Clerk
-9-