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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 That Chapter 73, Article XYII regulating certain building contractors, is repealed in its entirety and re-enacted as follows: Section 73-117.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. -2- 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 -3- 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. -4- 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 -5- 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 F 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. -6- (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. -7- (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. -8- (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: -9- (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 \ -10-