HomeMy WebLinkAbout108 - 11/03/1992 - AMENDING CITY CODE PERTAINING TO CONTRACTORS AND THE FUNCTIONS OF THE BUILDING REVIEW BOARD ORDINANCE NO. 108, 1992
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 15, ARTICLE V,
OF THE CODE OF THE CITY OF FORT COLLINS
PERTAINING TO CONTRACTORS AND AMENDING
SECTION 2-103 OF THE CODE PERTAINING TO
THE FUNCTIONS OF THE BUILDING REVIEW BOARD
WHEREAS, the Council of the City of Fort Collins has determined that it is
in the best interests of the City that Chapter 15 of the Code of the City be
amended to provide more detailed specifications regarding'the qualifications and
experience necessary to obtain a contractor license; and
WHEREAS, the Council has determined that the Code should be amended to
authorize the routine review of license applications by the Building Permits and
Inspection Division Director and to charge the Building Review Board with the
duty of hearing matters relating to the suspension or revocation of licenses and
to grant variances from the strict application of the Code in cases of particular
hardship; and
WHEREAS, the Council has also determined that the application process
should be streamlined to allow for more expeditious license applicant review; and
WHEREAS, the Council has further determined that Chapter 15 of the Code
should be amended to make certain changes in order to provide better clarity for
citizens of the City, the regulated licensees and City staff in administering the
Code; and
WHEREAS, the Council has further determined that Section 2-103 of the Code
of the City pertaining to the functions of the Building Review Board should be
amended in order to bring said Section into compliance with the changes made to
Chapter 15 by reason of the enactment of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1 . That Section 2-103 of the Code of the City is hereby amended
to read as follows:
Sec. 2-103. Functions.
The board shall determine the suitability of alternate materials
or alternate methods of construction, provide for reasonable
interpretations of the provisions of the city building code, city
mechanical code, city plumbing code, city electrical code, and city
fire code and hear all appeals made to it related to such codes.
Additionally, the board shall hear all requests for variances from
the requirements of Article 5, Title 9, C.R.S. , which establishes
standards and specifications governing the accessibility of
buildings and facilities within the city to the physically
handicapped. The board shall also hear 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 board is also authorized, upon appeal in specific cases, to
grant variances from the terms of Chapter 15, Article V, where the
strict application of any provision of said Article would result in
peculiar or exceptional practical difficulties to or exceptional or
undue hardship upon the person regulated, provided that such relief
may be granted without substantial detriment to the public good and
without substantially impairing the intent and purposes of said
Article.
Section 2. That Section 15-151 of the Code of the City is hereby amended
to read as follows:
Sec. 15-151. 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 latest edition of the Uniform
Building Code as adopted by the City of Fort Collins.
Building Official shall mean the duly appointed supervisor of the
Building Permits and Inspection Division.
Certificate holder shall mean a person designated by a licensed
contractor who holds a Supervisor Certificate 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 licensed
contractor for the express purpose of supervising construction done
by said contractor.
Construction shall mean the erection, alteration, repair or
remodeling of any building or structure or portion thereof
regulated by Chapter 5, Article II , Division 2 of the Code.
Contractor shall mean 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 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 3. That Sections 15-152(1) and (2) of the Code of the City are
hereby amended to read as follows:
Sec. 15-152. Exemptions.
(1) A building owner, who is performing minor alterations
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or repairs to such building, or a tenant, employee or
other agent acting on behalf of said owner for the
performance of such work; provided such tenant, employee
or other agent is not a contractor and, upon request of
the Building Official , produces written authorization
from the owner to perform such work. For the purposes
of this Section, minor alterations shall not include
significant modifications to structural members or fire-
resistive assemblies as defined in the Building Code;
nor include the electrical , plumbing, or mechanical
systems, except for fixture replacement and emergency
repairs, and except as otherwise permitted in this
Article;
(2) An owner who performs any construction on a detached
single-family dwelling and/or accessory building which
is or shall be the owner's personal residence, provided
that the owner commences construction of no more than
one (1) such dwelling within any twelve (12) month
period. In the event such dwelling is destroyed or
damaged, reconstruction thereof shall be exempt from
the time limitation as specified herein;
Section 4. That Section 15-153 of the Code of the City is hereby repealed
and reenacted to read as follows:
Sec. 15-153. Duties of Building Review Board.
The Building Review Board shall have the duties and perform the
functions as set forth in § 2-103 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 regulated, 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.
Section 5. That Section 15-154 of the Code of the City is hereby amended
to read as follows:
Sec. 15-154. License required.
(a) No person shall operate a business as a contractor within
the city without first obtaining a license from the Building
Official 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
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the annual license fee, or whose license has been suspended or
revoked. The Building Official may issue a temporary supervisor
certificate valid for thirty (30) days to a qualified person
designated by the contractor, provided that the designee has filed
an application for a supervisor certificate and paid all necessary
fees.
(b) For any construction requiring a licensed contractor,
permits shall be issued only to the property owner, contractor or to
an authorized representative of such owner or contractor. Should
a contractor be discharged from or abandon the project, said
contractor shall immediately notify the Building Official , in
writing, of such discharge or abandonment. No further work shall
be done on such project until the Building Official is notified in
writing of such intended resumption of work by the newly selected
contractor .
Section 6. That the following subparagraphs of Section 15-155 of the Code
of the City are hereby amended to read as follows:
Sec. 15-155. Supervisor Certificate.
(a) Designation of supervisor certificate holder. No class A,
B, C-1, C-2, D or E contractor shall perform construction which
requires a permit without designating a supervisor certificate
holder to supervise such construction pursuant to this Article.
(b) Supervisor certificate A supervisor certificate
authorizes the holder to perform and supervise construction in a
particular license category and certifies that the holder of such
certificate has successfully completed a written examination
administered by the city or equivalent as specified herein.
(c) Supervisor certificate required. Prior to issuance of a
building permit to the holder of any Class A, B, C-1, C-2, D or E
building contractor license, the holder of said license shall
possess a supervisor certificate or shall have employed at least one
(1) supervisor certificate holder who has obtained a certificate
for the specific class required needed to perform the scope of
construction described on said permit. Certificate holders shall
observe reasonable standards of attendance on construction sites as
necessary to perform adequate supervision of such construction as
determined by the Building Official .
(d) Examination required. Prior to obtaining said supervisor
certificate, every eligible applicant for a supervisor certificate
shall take and pass a written examination administered by the city
or equivalent as specified herein. Before taking the examination,
the applicant shall pay a nonrefundable examination fee of Seventy-
five Dollars ($75. ) . Any applicant who fails to achieve a minimum
score of seventy-five (75) percent shall be entitled to take another
examination, provided, however, that the applicant shall not be
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permitted to take such examination within the thirty (30) days
immediately following the administration of the examination failed
by the applicant. The applicant shall pay a nonrefundable re-
examination fee of Fifty Dollars ($50.) for each subsequent
examination taken for the same license class. 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 either
prove that he or she has passed a satisfactory written examination
concerning the building code equivalent in scope to that
administered by the city or can prove that he or she has at least
five (5) years of experience in construction supervision and has
supervised the construction of not less than five (5) projects which
fall within the maximum scope authorized by the supervisor
certificate sought.
Section 7. That Section 15-156 of the Code of the City is hereby amended
to read as follows:
Sec. 15-156. Applications/review/issuance.
(a) Prior to being issued any license or certificate specified
in this Article, all such applicants shall complete and submit to
the Building Official an application containing the following
information:
(1) Name, current mailing address, telephone number and one
(1) form of 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 project who has
personal knowledge of the applicant's responsibilities
on said projects; and
(3) A signed statement by the applicant acknowledging the
obligations associated with such license or certificate.
(b) All such applications for any license specified in this
Article shall be accompanied by a nonrefundable processing fee of
Seventy-five Dollars ($75. ) for each such application.
(c) Subject to the qualification requirements of subparagraph
(d) of this Section and subject to any applicable variances which
may have been granted by the Building Review Board pursuant to
Section 15-153, the Building Official shall issue to the applicant
the license or certificate applied for upon receipt of all of the
following:
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(1) Evidence of a passing score on the applicable written
examination or equivalent as specified in this Article;
(2) Payment of the applicable annual fee;
(3) Written proof of insurance as required in this Article;
and
(4) Documents verifying that the applicant has acted in the
principal role of general contractor, project supervisor
or other primary supervisory role on no less than three
(3) separate, completed building construction projects.
Such documents shall be signed by the project owner,
general contractor, architect, professional engineer or
other person directly involved in said project and shall
contain the following information:
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. A description of the project in sufficient detail
to fully describe the extent of the construction
or alteration of the foundation, the exterior
structural elements, the interior bearing walls,
the non-bearing walls and elements, the
electrical systems, the plumbing systems and the
mechanical systems;
f. A complete description of the applicant's
position and responsibilities on the project; and
g. The signatory's role in the project.
(d) To qualify for a Class A, Class B, Class C-1 or Class C-2
license or certificate, the written verification required pursuant
to subparagraph (c) (4) of this Section shall describe at least one
(1) project that exceeds the scope of construction authorized by the
next lower license class than the license applied for; and shall
describe at least two (2) projects which shall not be lesser in
scope than the maximum limit authorized by the next lower license
class than the license applied for. To qualify for a Class D
license or certificate, the written verification required pursuant
to subparagraph (c) (4) of this Section shall describe at least three
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(3) projects, each of which entail not less than the complete
construction of a new single-family home. To qualify for a Class E
license or certificate, the written verification required pursuant
to subparagraph (c) (4) of this Section shall describe at least two
(2) projects, each of which entail not less than the nonstructural
alteration of buildings classified as other than a "Group R and
Group M occupancy" as defined in the Building Code, and said
projects shall each exceed Ten Thousand Dollars ($10,000. ) in total
construction value as defined in the Building Code.
Section 8. That Section 15-157 of the City Code is hereby amended to read
as follows:
Sec. 15-157. Classes of licenses; annual fees.
(a) General contractor licenses.
(1) Class A, B, C-1 , C-2, D, E General Contractor and Home
Improvement licenses described hereunder do not
authorize the holders thereof to perform the specialized
construction trades for electric, plumbing, HVAC,
refrigeration, solar, alarms, fire-sprinkler systems,
special fire extinguishing systems, gas piping and fuel
facilities.
a. Class A general contractor. The holder of this
license shall be authorized to construct or
demolish 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 this Code are met.
b. Class 8 general contractor. The holder of this
license shall be authorized to construct or
demolish any building or structure in the city up
to and including five (5) stories in height and
to perform alterations on buildings over five (5)
stories in height, provided such alterations do
not involve the structural frame as defined in
the building code.
C. Class C-1 general contractor. The holder of this
license shall be authorized to construct or
demolish any building or structure in the city,
provided that such construction does not exceed
two (2) stories in height nor more than seven
thousand five hundred (7,500) square feet in
floor area.
d. Class C-2 general contractor. The holder of this
license shall be authorized to construct or
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demolish buildings or structures in the city
classified as a Group R or M occupancy as defined
in the building code and provided that, except
for single-family dwellings, such buildings or
structures do not exceed two (2) stories in
height.
e. Class D general contractor. The holder of this
license shall be authorized to construct or
demolish 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 perform
nonstructural alteration only of any building or
structure in the city.
(2) The annual fee for each of the A, B, C-1, C-2, D and E
General Contractor licenses is One Hundred Twenty-five
Dollars ($125.) and each such license 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 persons engaged in
contracting exclusively for one (1) trade listed herein.
The annual fee for such license is Seventy-five Dollars
($75. ) .
(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: the application of nonstructural roof
covering;
b. Demolition: the dismantling or razing of
buildings;
C. HVAC: the installation of nonportable heating,
ventilation, air conditioning systems and the
related piping, ducts, venting, appliances,
controls and wiring therefor (supplying not more
than fifty [50] volts) , excluding all other
electrical and plumbing work;
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d. Refrigeration: the installation of nonportable
evaporative, absorption and mechanically operated
refrigeration equipment, including piping,
vessels, controls and wiring therefor
(supplying not more than fifty [50] volts) ,
excluding all other electrical and plumbing work;
e. Solar heating: the installation of solar
collectors, storage tanks and related piping,
related electrical wiring supplying not more
than fifty (50) volts and non-potable water
piping;
f. Gas piping: the installation of piping, and
fittings for supplying fuel -gas, as defined in
the city mechanical code, and the replacement of
water heaters, when such replacement does not
involve alteration of water supply piping nor
appliance venting;
g. Signs: the installation and erection of signs,
excluding electrical work regulated by the city
electrical code;
h. Fire sprinkler system: 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;
i . Special fire extinguishing: the 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: the installation, alteration
or removal of tanks, piping and dispensing
equipment for petroleum fuels or other fuels as
regulated in the city fire code, related
electrical wiring supplying not more than fifty
(50) volts; and
k. Alarm systems: the installation of fire alarms
as defined in the National Electrical Code as
adopted by the city and related wiring supplying
not more than fifty (50) volts.
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(c) Home improvement contractor. The holder of this license is
authorized to construct or demolish minor structures, including
fences, sheds, garages, carports, and patio covers, and to perform
minor alterations or repairs to such structures and dwellings,
including a limit of one (1) square of roofing replacement, provided
all above 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 Ten Thousand Dollars
($10,000. ) for any one (1) job. The annual fee for said license
shall be Fifty Dollars ($50.) .
Section 9. That Section 15-158 of the City Code is hereby amended to read
as follows:
Sec. 15-158. Responsibilities of contractor; revocation of
license.
(a) The contractor of record as listed on the building permit
shall be responsible for all work performed under said permit .
(b) All supervisor certificate holders shall be responsible for
the supervision of construction in accordance with the requirements
of this Article, including the following items:
(1) To supervise construction 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;
(2) To obey any order or notice issued pursuant to this
Article;
(3) To observe generally accepted safety standards; and
(4) To present the supervisor certificate during the
supervision of a project for which said certificate is
required when so requested by the Building Official .
(c) When the Building Official determines that a license holder
or supervisor 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 Building Review 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 person listed
on such license application by certified mail to the last known
address or by personal delivery at least five (5) days prior to the
hearing. The notification shall state in reasonable detail the
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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) 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.
(f) The board shall have the power to suspend or revoke (or take
other disciplinary action on) any license or supervisor certificate
when the board determines that a holder thereof has committed any
of the following:
(1) Willful and 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
certificate holder 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 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 by a license holder
in obtaining a license, or fraud in obtaining a license;
(5) Fraudulent use of a license or certificate;
(6) Failure to obtain any required permit for the work
performed or to be performed;
(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; and
(8) Performance of work for which a license is required
without a valid, current license.
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(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 10. That Section 15-159 of the Code of the City is hereby amended
to read as follows:
Sec. 15-159. Violations and penalties.
In addition to the suspension or revocation of 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.
Introduced, considered favorably on first reading, and ordered published
in summary form this 20th day of October, A.D. , 1992, and to be presented for
final passage on the 3rd day of November, A.D. , 1992.
yor
ATTEEST;:
City Cl ew -
Passed and adopted on final reading this 3rsd day of November, A.D. , 1992.
Mayor
ATTEST:
` Cle k
City
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