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HomeMy WebLinkAbout120 - 10/03/1995 - AMENDING CITY CODE REGARDING CONTRACTORS ORDINANCE NO. 120, 1995 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 15, ARTICLE V OF THE CODE OF THE CITY REGARDING CONTRACTORS WHEREAS,the Building Review Board has experienced a significant increase in the number of requests for an additional license category for persons desiring only to construct additions and structural alterations to existing one- and two-family dwellings; and WHEREAS, as a result of said requests, the Building Review Board established a "focus group" of interested contractors; and WHEREAS,following several meetings of the Building Review Board and additional public input,the Building Review Board has recommended to the Council the adoption of a new Class D-2 Contractor License for the purpose of allowing contractors to construct only building additions and structural alterations to existing one- and two-family dwellings; and WHEREAS, as a result of said public process, the Building Review Board has also recommended certain contractor license fee changes and other modifications to the City's contractor licensing regulations; and WHEREAS,the Council has determined that said changes as recommended by the Building Review Board are in the best interest of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 15,Article V of the Code of the City be and hereby is repealed and readopted to read as follows: ARTICLE V. CONTRACTORS Sec. 15-151.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. Construction value shall mean the total replacement costs, as defined in the building code, for a particular construction project. 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 construction 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. Significant structural alteration shall mean the structural modification of any building which entails the alteration,replacement,or repair of the foundation system, the bearing walls, the structural frame (as defined in the building code), the roof framing members, or the floor framing members. Sec. 15-152 Exemptions. The following shall be exempt from the general requirements specified in this Article: (1) A building owner, who is performing minor alterations 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 as defined in this Article, 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: (a) significant structural alterations (except for the repair and replacement of window and door headers); (b) alterations to fire-resistive assemblies as defined in the building code; 2 (c) alterations to the electrical,plumbing or mechanical systems, except for fixture replacement and emergency repairs, and except as otherwise permitted in this Article; or (d) any project that exceed five thousand dollars ($5,000.00) in construction value; (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-month period. In the event such dwelling is destroyed or damaged, reconstruction thereof shall be exempt from the time limitation as specified herein; (3) 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 exceeding three (3) stories as defined in the building code; (4) An employee of a contractor who is not otherwise regulated herein; 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. 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 or applicant regulated; or, when such applicant can demonstrate to the satisfaction of the Board that the applicant possesses other qualifications not specifically listed in this Article, such as specialized training, education or additional experience, which the Board has determined qualifies the applicant to perform in a competent manner any construction authorized under the license or certificate sought, and provided that such relief may 3 be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of this Article. Sec. 15-154. License required. (a) No person shall perform construction work 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 the annual license fee or whose license is expired or 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, to a licensed contractor or to an authorized representative of such owner or contractor. Should a contractor be released from or abandon such construction project, said contractor shall immediately notify the Building Official, in writing, of such action. No further work shall be done on such project until the Building Official is notified in writing of such intended resumption of work by a licensed contractor. Sec. 15-155. Supervisor Certificate. (a) Designation of supervisor certificate holder. No class A, B, C-1, C-2, D-1, D-2 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-1, D-2, 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. 4 (d) Examination required. Prior to obtaining a supervisor certificate, an eligible applicant for a supervisor certificate shall have passed a written examination administered by the city or the equivalent of such examination 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 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 the characteristics of which require the supervisor certificate sought by such applicant. (e) Renewal of supervisor certificates and fees . Supervisor Certificates shall be renewed every year from the date of issuance. Failure to renew a supervisor certificate within ninety (90) days after the annual renewal date shall cause such certificate to expire and shall subject the holder thereof to re-examination as set forth in subsection(d), above. The annual fee for a renewal of a supervisor certificate shall be twenty-five($25)dollars,except that any person who holds a valid current general contractor license as listed in this Chapter and who is also designated as the holder of a supervisor certificate by such contractor, is exempt from the annual renewal fee and the application fee prescribed herein for said supervisor certificate. 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-(I) 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 5 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 or supervisor certificate specified in this Article shall be accompanied by a nonrefundable processing fee of seventy-five dollars ($75.) for each such application, unless otherwise exempt as specified in this Article. (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 supervisor certificate applied for upon receipt of all of the following: (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 a person other than the applicant which person shall be 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; 6 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) Minimum Experience Requirements for Classes A, B, C-1, C-2, D-1, D-2, E General Contractor Licenses and Supervisor Certificates. (1) To qualify for a Class A license or supervisor certificate, the written verification required pursuant to subparagraph (c)(4) of this Section shall describe not less than one (1) project for which a Class A license or supervisor certificate is required, and not less than two (2)projects for which a Class B license or supervisor certificate is required. (2) To qualify for a Class B license or supervisor certificate, the written verification required pursuant to subparagraph (c)(4) of this Section shall describe not less than two (2) projects for which a Class B license or supervisor certificate is required, and not less than one (1)project for which a Class C-1 license or supervisor certificate is required. (3) To qualify for a Class CA license or supervisor certificate,the written verification required pursuant to subparagraph (c)(4) of this Section shall describe not less than two (2) projects for which a Class C-1 license or supervisor certificate is required, and not less than one(1)project for which a Class D-I license or supervisor certificate is required, and which entails no less than(or the equivalent of)the complete construction of a new single-family home. 7 (4) To qualify for a Class C-2 license or supervisor certificate,the written verification required pursuant to subparagraph (c)(4) of this Section shall describe not less than two (2) projects for which a Class C-2 license or supervisor certificate is required, and not less than one(1)project for which a Class D-1 license or supervisor certificate is required, and which entails no less than (or the equivalent of)the complete construction of a new single-family home. (5) To qualify for a Class D-1 license or supervisor certificate, the written verification required pursuant to subparagraph (c)(4) of this Section shall describe not less than three(3)projects,each of which entails no less than (or the equivalent of) the complete construction of a new single-family home. (6) To qualify for a Class D-2 license or supervisor certificate,the written verification required pursuant to subparagraph (c)(4) of this Section shall describe not less than three (3) projects, each with a construction value of not less than ten thousand dollars ($10,000) and each of which entails the SIGNIFICANT structural alteration of or the addition to a single-family home. (7) To qualify for a Class E license or supervisor certificate, the written verification required pursuant to subparagraph (c)(4) of this Section shall describe not less than three (3) projects, each of which shall entail, at a minimum, the nonstructural alteration of a building classified as other than a "Group R or Group M occupancy" as defined in the building code. Each such project shall exceed twenty thousand dollars ($20,000) in total construction value. 15-157. Classes of licenses; annual fees. (a) General contractor licenses. (1)- Gass A,B,C-1-, C-2-,1)i4 D-2-and-E-General-Contractor ileensLs and Improvement licenses described in this Section do not authorize the 8 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 B 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. Such license holder is also authorized to perform alterations on buildings over two (2) stories in height, provided such alterations do not involve the structural frame as defined in the building code. d. Class C-2 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 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-1 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 D-2 general contractor. The holder of this license shall be authorized to construct residential garages not exceeding 1000 square feet in total floor area; to construct 9 additions which do not exceed 1000 square feet of floor area; and, to perform any structural alterations, demolitions and/or repairs, to any building or structure in the city classified as a Group R, Division 3 or a Group M occupancy, as defined in the building code. g. Class E general contractor. The holder of this license shall be authorized to perform alterations to any building or structure in the city, provided such alterations do not include SIGNIFICANT modifications involving structural members. ,2)- The annual-fee-for each-of the A, B, C-1, C-2, n-7, n-2- 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 trades 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; 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; 10 e. Solar heating: the installation of solar collectors, storage tanks and related piping, related electrical wiring supplying not more than fifty (50) volts and nonpotable 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. (c) Home improvement contractor. The holder of this license is authorized to construct or demolish minor structures, including fences, sheds,carports and patio covers, and to perform minor alterations or repairs to such structures and dwellings, including a maximum 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 provided further, that the total construction value of any such separate project does not exceed ten thousand dollars ($10,000.). The annual fee for said license shall be fifty dollars ($50.). Sec. 15-158. Responsibilities of contractor; revocation of license. 11 (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, or proof thereof, 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 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 12 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 supervisor 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 or supervisor certificate holder in obtaining a building permit, license or supervisor certificate, or fraud in obtaining a building permit, license or supervisor certificate; (5) Fraudulent use of a license or supervisor certificate; (6) Failure to obtain any required permit for the work performed or to be performed; (?;- Commitment ofany 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 or supervisor certificate is required without a valid, current license or supervisor certificate. (g) If a license or supervisor certificate is revoked, the holder thereof shall not be granted another license or supervisor certificate under this Article for at least twelve (12) months after the date of revocation. If a license or supervisor certificate is suspended, the board shall state the period and conditions of the suspension. 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 13 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. Sec. 15-160. 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 Worker's Compensation Insurance as required by state law, and public liability insurance in the minimum amounts as follows: Three hundred thousand dollars ($300,000) per person, five hundred thousand dollars ($500,000) per accident, and five hundred thousand dollars ($500,000) per accident involving public property. Introduced,considered favorably on first reading,and ordered published in summary_form this 19th day of September, A.D. 1995, and to be presented for firra`f pa$sage on the 3rd--day 9f October, A.D. 1995. Mayor ATTEST: �anlu �- 1 , -a a� 2t� ity Clerk `— U Passed and adopted on final reading this 3rd day of O-teber, A.D. 1995. Mayor ATTEST: City Clerk 14