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HomeMy WebLinkAbout036 - 03/06/2001 - AMENDING CITY CODE REGARDING CONTRACTORS ORDINANCE NO. 36, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 15, ARTICLE V OF THE CODE OF THE CITY OF FORT COLLINS REGARDING CONTRACTORS WHEREAS, the last comprehensive review of the Code of the City of Fort Collins relative to contractor licenses was completed in 1981; and WHEREAS, since 1981, the population and consequent building improvements in the city have grown dramatically; and WHEREAS,the construction industry nationally and locally in recent years has experienced a large unmet demand for qualified construction trade workers resulting in an influx of inexperienced workers with limited construction skills, which, in turn, has imposed additional demands on contractors as well as City inspection services; and WHEREAS,a Contractor License Review Task Group,represented by various construction trades; the Home Builders Association of Northern Colorado; the Building Review Board; the Affordable Housing Board; and City staff, has completed a nine-month review of the City's contractor license regulations; and WHEREAS,these persons and entities have made certain recommendations with respect to the City Code relative to the regulation of contractors as contained in the proposed amendments; and WHEREAS,the Council of the City of Fort Collins has determined that said recommended changes 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 of Fort Collins be, and hereby is, amended to read as follows: ARTICLE V. CONTRACTORS Sec. 15-151. Intent. The intent and purpose of this Article is to establish minimum qualification, liability insurance and conduct standards for persons engaged in construction, alteration, or repair of buildings or portions thereof and for persons performing specialized trades as regulated under this Article on such buildings, through the issuance of contractor licenses and Supervisor Certificates as provided hereunder. 1 Sec. 15-152. General. The Building Official shall administer the provisions of this Article and shall adopt reasonable rules and procedures for such purposes. See. 15-153. 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 building code adopted by the city as specified in Chapter 5, Article 11, Division 2 of the Code. Building Official shall mean the duly appointed city official as specified in the building code adopted by the city. Construction shall mean the erection, alteration, repair or remodeling of any building or structure or portion thereof regulated by Chapter 5, Article H, Division 2 of the Code; and work regulated under the city mechanical code as adopted in Chapter 5, Article W of the Code. Construction value shall mean the total replacement costs, as defined in the building code, for a particular construction project. Contractor, unless specifically exempted in the Article, shall mean any person, firm, partnership, corporation, association, other organization, or any combination thereof, that undertakes with or for another on any property within the city any construction, demolition, or specialized trade for which a license as named in this Article is required and for which said construction or demolition a fixed fee, trade- in-kind or other compensation is made. Employee shall mean a person who is eligible for Colorado Workers' Compensation insurance and unemployment insurance benefits, is employed by a contractor to perform construction work,to which person a wage or salary is directly paid as an individual. For purposes of this Article, any worker who qualifies as an "independent contractor" under state law is not considered an employee of a contractor. Exempt specialized trade subcontractor shall mean any person,firm,partnership, corporation, association, other organization or any combination thereof, which subcontractor is not an employee as defined in this Section, and which subcontractor is paid or otherwise compensated to perform construction or a trade for which a 2 specialized trade contractor license as specified in this Article is required,except that any such subcontractor may perform such work without obtaining a license when such work is exclusively performed pursuant to a direct subcontract with a licensed specialized trade contractor. No subcontractor shall be exempt from the licensing requirements of this Article as an exempt specialized trade subcontractor when such subcontractor works pursuant to a direct subcontract with any of the Classes A, B, C-1, C-2,D-1,D-2 or E general contractors to perform construction regulated under this Article. Significant structural alteration shall mean the structural modification of any building or portion thereof which entails the construction,alteration,replacement or repair of load-bearing elements including,without limitation,the foundation system, the bearing walls, the structural frame (as defined in the building code), the roof framing members or the floor framing members. Notching and boring of holes in such members for the passage of piping and wiring as permitted in the building code does not constitute significant structural alteration. Supervisor shall mean a person who holds a supervisor certificate as specified in this Article and who is actively working exclusively for a licensed contractor expressly to provide direct, personal and ongoing on-site construction supervision of a construction project undertaken by the contractor. Such person must be an employee, an owner, or other person having substantial ownership interest in the contracting firm of said licensed contractor. Sec. 15-154. License required. (a) Except as otherwise permitted in this Article, no person may perform construction work or trade as a contractor named in this Article within the city without first obtaining a license and designating an approved supervisor as specified in this Article. 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 biennial license fee or whose license is expired or has been suspended or revoked. (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. 3 Sec. 15-155. Exemptions. The parties and conditions described herein shall be exempt from the general requirements specified in this Article: (1) A building owner and any unpaid volunteers or paid workers employed by said owner who perform only minor alterations and repairs to such building, provided that all such work is under the continuous personal supervision of said owner. For the purposes of this Section, minor alterations and repairs shall not include: (a) Significant structural alterations (except for the repair and replacement of existing windows and doors provided that such repair or replacement does not create larger openings or greater spans for headers), (b) Alterations to fire-resistive assemblies as defined in the building code, (c) Alterations to or the installation of electrical,plumbing or mechanical systems, except for fixture replacement and emergency repairs, and except as otherwise permitted in this Article, (d) Replacement of more than a total of one (1) square of roofing, or (e) Any nonstructural construction,alterations or repairs to a building or buildings performed by the building owner(s) and which alterations or repairs are otherwise exempted pursuant to this Section and which involve such elements as concrete slab-on-grade floors, masonry walls that are seventy-two(72)inches or less in height, wood or steel frame systems, and wallboard; when the total construction value of all work (including the related work done on the project by licensed specialized trade contractors), within any twelve month period exceeds five thousand dollars($5,000.)for any one(1)such building or collectively exceeds ten thousand dollars ($10,000.) for all such buildings combined. (2) An owner of a detached single-family dwelling and associated accessory buildings or any unpaid volunteer under the continuous personal supervision of the owner of such buildings who personally performs any construction on the owner's personal residence and associated accessory buildings, provided that the owner commences construction of no more than one (1) such dwelling within any twenty-four month period. In the event such dwelling is destroyed or damaged, reconstruction thereof shall 4 be exempt from the foregoing time period. Prior to performing any such construction, the owner must demonstrate sufficient knowledge and proficiency required to perform said construction as determined by the Building Official. (3) An owner or any unpaid volunteer under the continuous personal supervision of the owner of such building who personally demolishes any detached building housing an R-3 occupancy, as defined in the building code, or any building no larger than one thousand (1,000) square feet. (4) An employee of a contractor who is not otherwise regulated under this Article. (5) A partner, owner, or other company official of a licensed contractor who performs on-site construction under the direction of a qualified supervisor. (6) An exempt specialized trade subcontractor as defined in this Article. (7) Any person,firm,partnership,corporation,association,other organization or any combination thereof performing specialized construction related to a particular trade which is not otherwise regulated by this Article,including any such trade engaged in one(1)of the following types of construction or installations: plumbing and electrical work regulated elsewhere in this Code; wallboard; masonry; nonstructural wood frame systems; finish and trim carpentry; nonstructural concrete floors, sidewalks, stairs, landings, and drives; structural and non-structural steel systems; siding;ceramic and synthetic tile; counter surfaces and cabinets; flooring and carpet; wall and ceiling finishes; insulation; glazing; windows and doors and associated hardware; rain gutters; fences; swimming pools and spas; entertainment, data, and communication systems within any building including related wiring supplying not more than fifty(50) volts and which does not require a state electrical license; excavation and grading; landscaping; irrigation systems excluding back-flow prevention devices; sewer lines downstream of any building drain as defined in the Colorado Plumbing Code;elevators and escalators; and radon piping systems. (8) Any person who is, without pay or compensation of any kind, performing construction or a specialized trade regulated under this Article and who is supervised directly by a licensed contractor and supervisor as specified in this Article to ensure that such work conforms to the applicable code(s). 5 Sec. 15-156. Duties of Building Review Board. The Building Review Board shall have the duties and perform the functions as set forth in § 2-119 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 be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of this Article. Sec. 15-157. Supervisor certificate; fees; examinations; renewals. (a) No contractor as defined in this Article shall perform construction that requires a permit without designating a supervisor to supervise such construction pursuant to this Article. (b) Prior to issuance of a building permit to the holder of any contractor license specified in this Article, the holder of said license shall possess a supervisor certificate or shall have employed at least one (1) supervisor who has obtained a certificate for the specific class or specialized trade specified in this Article required to perform the scope of construction described on said permit. A supervisor certificate is valid for a period of two (2) years from the date of issuance and the biennial fee for such certificate is twenty-five dollars ($25.). Supervisors shall observe reasonable standards of attendance on construction sites as necessary to perform adequate supervision of such construction as further specified in § 15-161 of this Article. (c) Prior to obtaining a supervisor certificate,except as provided otherwise in this Article,an applicant for such certificate shall have passed a written examination administered by the city or the equivalent of such examination as specified herein. Every applicant who undergoes a written examination administered by the city shall pay a nonrefundable examination fee of seventy-five dollars ($75.) prior to such examination. Any applicant who fails to achieve a minimum score of seventy-five (75)percent shall be entitled to another examination covering the same license class or specialized trade, provided that the applicant shall not be permitted more than two (2) such examinations within any six month period unless otherwise approved 6 by the board. Alternatively, an applicant may be granted a third such examination within any six month period upon the applicant demonstrating to the satisfaction of the Building Official adequate preparation for the examination by successfully completing a class or coursework covering the building code or other code as applicable, or the equivalent thereof as approved by the Building Official. The applicant shall pay a nonrefundable re-examination fee of fifty dollars($50.)for each subsequent examination covering the same license class or specialized trade. 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 prove that he or she has passed a satisfactory written examination equivalent in scope to that administered by the city. (d) A supervisor certificate may be renewed provided the biennial fee is paid and renewal occurs within sixty (60) days following the anniversary date such certificate was issued, and further provided that the adopted building code or other applicable code over which an examination was administered remains in effect at the time of renewal. When such adopted code over which the renewing certificate holder passed an examination has been substantially revised prior to the time of such renewal, the certificate holder must either pass a renewal examination administered by the Building Official for which no fee shall be assessed for such examination, or provide proof of having successfully completed training covering the current adopted applicable code or the equivalent thereof as approved by the Building Official. The holder of an expired certificate may be reissued such certificate by submitting a new application and paying all applicable fees as set forth in § 15-158. Such applicant shall not be required to pass an examination as prescribed in subsection (c) above, provided that the adopted building code or other applicable code over which the such applicant passed an examination remains in effect at the time the renewed certificate is obtained. (e) The Building Official may grant a temporary supervisor certificate valid for thirty (30) days without an examination based upon individual extraordinary circumstances and upon finding that any petitioner for such certificate is otherwise qualified. Any person seeking such temporary certificate must submit a written request describing in detail the justification for such certificate and a completed application for a supervisor certificate including all necessary fees as provided in § 15-158. Sec. 15-158. Applications; review; issuance. (a) Prior to being issued any license or certificate specified in this Article, all applicants for such license or certificate shall complete and submit to the Building Official an application containing the following information: 7 (1) The individual applicant's name, the contractor's business name under which license the applicant is associated or will be working, a current mailing address and telephone number, and one (1) form of photographic 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 construction project who has personal knowledge of the applicant's responsibilities on said projects; (3) The applicant's disclosure of any disciplinary action (whether by the city or any other contractor licensing agency or jurisdiction) taken against any contractor licenses currently or previously held by the applicant; and (4) A signed statement by the applicant acknowledging the obligations associated with such license or certificate. (b) All such applications shall be accompanied by a nonrefundable processing fee of seventy-five dollars ($75.) for each such application. (c) Subject to the qualification requirements of § 15-159 and subject to any applicable variances which may have been granted by the board pursuant to § 15- 156 and provided further that the applicant has not committed any acts described in § 15-162 of this Article without the board having first conducted a hearing and having made a determination regarding the applicant's fitness to be granted a license or supervisor certificate,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 fee; (3) Written proof of general liability and workers' compensation insurance as required in this Article; and (4) Documents verifying that the applicant has acted in the principal role of contractor, project supervisor or other primary supervisory role on no less than three(3)separate completed building construction or specialized trade projects. A person other than the applicant must sign such documents. Said signatory shall be a project owner, a contractor, an architect, a professional engineer or other person directly involved in the construction of said project, and said person shall have worked directly with the 8 applicant. Additionally, said documents shall contain the following information where applicable to the license or contractor certificate sought: 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. The address, contractor of record, and permit number (when applicable) for the project; f. A description of the project which the applicant directly supervised or for which the applicant was the contractor of record, whichever is applicable, in sufficient detail to fully describe the extent of the construction or alteration or specialized trade work. Such description must describe all relevant work, such as that involving the foundation, the exterior structural elements, the interior bearing walls, the nonbearing walls and elements, the electrical systems, the plumbing systems, the mechanical systems, roofing, and any other specialized trade work that may be applicable to the license or certificate sought; g. A complete description of the applicant's position and responsibilities on the project; and h. The signatory's role in the project. Sec. 15-159. Minimum experience qualifications. Minimum experience requirements for Classes A, B, C-1, C-2, D-1, D-2 and E general contractor licenses, specialized trade contractor licenses, and associated supervisor certificates as described in § 15-160 are as hereafter provided in this Section. In order to qualify for such minimum experience, all construction and specialized trade installation projects are subject to the Building Official's review and approval for sufficient variety and complexity. All such projects shall have been constructed or installed primarily by the applicant or under the applicant's direct control. The particular license type and respective required minimum documented experience are described as follows: 9 (1) To qualify for a Class A license or supervisor certificate,the applicant must have constructed or acted principally in the role of supervisor for the construction of two(2)entire buildings for which a minimum of a Class A license or contractor supervisor certificate is required, and not less than one (1) entire building for which a minimum of a Class A or a Class B license or contractor supervisor certificate is required. (2) To qualify for a Class B license or supervisor certificate, the applicant must have constructed or acted principally in the role of supervisor for the construction of three (3) entire buildings for which a minimum of a Class A or a Class B license or supervisor certificate is required. At least one(1) such building described herein shall be classified under the building code as Type I, Type H, or Type III construction. (3) To qualify for a Class C-1 license or supervisor certificate, the applicant must have constructed or acted principally in the role of supervisor for the construction of three (3) entire buildings for which a minimum of a Class A, a Class B or a Class C-1 license or supervisor certificate is required. At least one (1) such building described herein shall be classified under the building code as Type 1, Type H or Type III construction. (4) To qualify for a Class C-2 license or supervisor certificate, the applicant must have constructed or acted principally in the role of supervisor for the construction of three (3) entire buildings for which a minimum of a Class A, Class B, Class C-1, or Class C-2 license or supervisor certificate is required. At least one (1) such building described herein shall not be less than three (3) stories in height as defined in the building code, or at least one(1)such building shall contain not less that sixteen(16)dwelling units. (5) To qualify for a Class D-1 license or supervisor certificate, the applicant must have constructed or acted principally in the role of supervisor for the construction of three (3) completed new single-family homes or the equivalent thereof as determined by the Building Official. (6) To qualify for a Class D-2 license or supervisor certificate, the applicant must have constructed or acted principally in the role of supervisor for the construction of three(3)completed projects,each with a construction value of not less than fifteen thousand dollars ($15,000.) and each of which entails the significant structural alteration of or the addition to a single- family home or equivalent structure as determined by the Building Official. (7) To qualify for a Class E license or supervisor certificate,the applicant must have constructed or acted principally in the role of supervisor for the construction of three (3) entire projects, each of which shall entail, at a 10 minimum, the nonstructural alteration of a building classified by the building code as other than a"Group R or Group U occupancy". Each such project shall exceed twenty thousand dollars ($20,000.) in total construction value and at least one (1) such project shall exceed fifty thousand dollars ($50,000.) in total construction value. (8) To qualify for any of the specialized trade contractor licenses or certificates regulated under this Article, the applicant must submit to the Building Official written verification describing experience in such specialized trade as prescribed hereunder: a. An applicant must submit written verification to the Building Official describing not less than five (5) completed projects which demonstrate that the applicant possesses at least three (3) years of supervisor experience in the specialized trade applicable to the particular license or contractor supervisor certificate sought for the following specialized trade contractor licenses or certificates: Roofing, HVAC, refrigeration, fire sprinkler systems, special fire extinguishing, flammable fuel facilities, alarm systems, wood frame construction, and cast-in-place concrete. b. An applicant must submit written verification to the Building Official describing not less than five (5) completed projects which demonstrate that the applicant possesses at least one (1) year of supervisor experience in the specialized trade applicable to the particular license or contractor supervisor certificate sought for the following specialized trade contractor licenses or certificates: demolition, solar energy, gas piping, signs, WTS, awnings, miscellaneous and minor structures, and fireplace appliances. Sec. 15-160. License classifications; fees; renewals. (a) The particular contractor license required and corresponding maximum scope of construction authorized under each license is described hereunder. All licenses are valid for a period of two (2) years from the date of issuance and the fee for each license is two hundred dollars($200.). A license may be renewed provided said biennial fee is paid within sixty (60) days following the anniversary date such license was issued. When the license fee is not paid within such sixty-day period, the license shall expire and is not eligible for renewal. The holder of an expired license may be reissued such license by submitting a new application and paying all applicable fees as set forth in § 15-158. The Class A, B, C-1, C-2, D-1, D-2 and E general contractor licenses described in this Section do not authorize the holders thereof to perform the following specialized construction trades: electric,plumbing, 11 HVAC, refrigeration, solar energy, alarms, fire-sprinkler systems, special fire extinguishing, gas piping, WTS, and flammable fuel facilities. (1) A Class A general contractor license holder shall be authorized to construct or demolish any building or structure in the city that is regulated under the building code except as otherwise limited by this Article, 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. (2) A Class B general contractor license holder shall be authorized to construct or demolish any building or structure in the city regulated under the building code up to and including five (5) stories in height. A Class B license holder is authorized to perform alterations on buildings over five (5) stories in height, provided that such alterations do not involve the structural frame as defined in the building code. (3) A Class C-1 general contractor license holder shall be authorized to construct or demolish any building or structure in the city that is regulated under the building code and which does not exceed two(2)stories in height nor more than ten thousand five hundred(10,500)square feet in total floor area. When any such building is classified by the building code as Type VN construction, the maximum allowable area may be that which is specified by the building code. A Class C-1 license holder is authorized to perform alterations on buildings over two (2) stories in height, when such alterations do not involve the structural frame as defined in the building code. (4) A Class C-2 general contractor license holder shall be authorized to construct or demolish any buildings or structures in the city classified by the building code as Type V construction and a Group R or a Group U, Division 1 occupancy. A Class C-2 license holder is authorized to perform any work allowed under a miscellaneous and minor structure specialized trade contractor license and to construct other ancillary Type V buildings or structures not exceeding five thousand (5,000) square feet in total floor area that are associated with a particular multiple-unit housing project to be constructed by the license holder, provided such other buildings are limited to functions such as management offices, community and recreation buildings, maintenance buildings and similar uses. (5) A Class D-1 general contractor license holder shall be authorized to construct, alter, repair or demolish any buildings or structures in the city classified by the building code as a Group R, Division 3 occupancy housing not more than two (2) dwelling units, or a Group U, Division 1 12 occupancy. A Class D-1 general contractor license holder is authorized to perform any work allowed under a miscellaneous and minor structure specialized trade contractor license and to perform alterations and/or repairs to any building or structure in the city classified by the building code as a Group R, Division 1 occupancy and Type V construction, provided that any such work does not alter the structural frame as defined in the building code. (6) A Class D-2 general contractor license holder shall be authorized to construct residential garages not exceeding one thousand (1,000) square feet in total floor area; to construct additions which do not exceed one thousand (1,000) square feet of floor area; and to perform any structural alterations, demolitions and/or repairs, to any building or structure in the city classified by the building code as a Group R, Division 3 occupancy housing not more than two (2) dwelling units, or a Group U, Division 1 occupancy. A Class D-2 general contractor license holder shall be authorized to perform any work allowed under a miscellaneous and minor structure specialized trade contractor license and to perform alterations and/or repairs to any building or structure in the city classified by the building code as a Group R, Division 1 occupancy and Type V construction, provided that any such work does not alter the structural frame as defined in the building code. (7) A Class E general contractor license holder shall be authorized to perform any work allowed under a miscellaneous and minor structure specialized trade contractor license and to perform alterations to any building or structure in the city, when such alterations do not include modifications to the structural frame as defined in the building code. (b) A specialized trade contractor license and a specialized trade contractor supervisor certificate shall be required for any contractor performing any specialized trade listed herein. Prior to any specialized trade supervisor being issued a supervisor certificate, the applicant for such certificate shall successfully complete a written examination as provided in § 15-157 or the applicant shall provide proof of equivalent technical qualification as determined by the Building Official. Applicants for a specialized trade contractor license or a specialized trade contractor supervisor certificate shall submit an application and documents as set forth under § 15-158 of this Article. Each specialized trade contractor license regulated under this Article is listed and described hereunder with respect to the scope of work authorized by each such license as follows: (1) Roofing authorizes the application of nonstructural roof covering and materials as regulated by the building code including the replacement or repair of sheathing on existing roofs. 13 (2) Demolition authorizes the dismantling or razing of entire buildings and other structures regulated by the building code, excluding such work as partial or interior demolition work associated with alterations. (3) HVAC authorizes the installation of environmental non-portable heating, ventilation,air conditioning systems and the related piping,ducts,venting, appliances, controls and electrical wiring (supplying not more than fifty [50] volts)therefor as regulated under the mechanical code adopted by the city, excluding all other electrical and plumbing work requiring a state license. (4) Refrigeration authorizes the installation of non-portable evaporative, absorption and mechanically operated refrigeration equipment, including piping, vessels, controls and electrical wiring (supplying not more than fifty [50] volts) therefor as regulated under the mechanical code adopted by the city, excluding all other electrical and plumbing work requiring a state license. (5) Solar energy authorizes the installation of solar heat and photovoltaic collectors, storage tanks and related piping, related electrical wiring supplying not more than fifty (50) volts and nonpotable water piping, excluding all other electrical and plumbing work requiring a state license. (6) Gas piping authorizes the installation of piping and fittings for supplying fuel-gas, and the replacement of water heaters as regulated under the mechanical code adopted by the city, when such water heater replacement does not involve alteration of water supply piping or appliance venting. (7) Signs authorizes the installation and erection of permanent signs requiring a sign permit from the city,excluding electrical work regulated by the city electrical code requiring a state license. (8) Fire sprinkler system authorizes 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. (9) Special fire extinguishing authorizes 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. 14 (10) Flammable fuel facilities authorizes the installation, alteration or removal of tanks, piping and dispensing equipment for petroleum fuels or other fuels as regulated by the city fire code, including related electrical wiring supplying not more than fifty (50) volts. (11) Alarm systems authorizes the installation, testing, maintenance, and servicing of fire and security alarms as specified in the applicable provisions of the National Fire Alarm Code, NFPA 72 and the National Electrical Code, NFPA 70; including related wiring supplying not more than fifty (50) volts that does not require a state electrical license. (12) Wood frame construction(framing)authorizes the construction of Type IV and Type V structural framing systems as regulated under the building code, including the application of sheathing and siding. (13) WTS authorizes the installation of outdoor wireless telecommunication systems, including related equipment, towers, antennas and the construction of unoccupied minor related buildings housing only equipment, and associated cables and electrical wiring supplying not more than fifty (50) volts that does not require a state electrical license. (14) Awnings authorizes the erection and attachment of awnings to buildings as regulated under the building code, including such awnings incorporating signage or graphics requiring a sign permit from the city. (15) Miscellaneous and minor structures authorizes the construction,repair, or demolition of (a) detached structures such as shelters, storage sheds, playhouses, greenhouses, and gazebos; and(b)unenclosed structures such as open carports, patio covers, open porches, and decks. Any such work is further limited to one story buildings or structures not exceeding two hundred (200) square feet in floor area and which contain occupancies limited to those classified by the building code as Group R, Division 3; Group S, Divisions 1 and 2; and Group U other than private garages. (16) Fireplace appliances authorizes the installation of non-portable listed manufactured fuel-burning fireplace appliances and associated chimneys or vents as regulated under the mechanical code adopted by the city, excluding equipment for industrial processes or for providing primary space heating, ventilation, cooling or water heating; and excluding any building modifications, alterations or additions. (17) Cast-in-place concrete authorizes the on-site forming and placement of structural, permanently cast-in-place concrete and reinforcement therein. 15 Sec. 15-161. Responsibilities of contractor; supervisor. (a) The contractor of record as authorized by a building permit shall be responsible for all work performed under said permit 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 and shall observe the following standards: (1) The contractor of record shall obey any order or notice issued pursuant to this Article. (2) The contractor of record shall observe generally accepted safety standards. (3) The contractor of record shall employ an approved on-site supervisor as specified in this Article. (4) The contractor of record shall maintain liability insurance and workers' compensation insurance as specified in this Article and provide proof of such insurance to the Building Official. (5) The contractor of record shall provide proof of employment for employees who are performing construction work that is regulated under this Article by providing to the Building Official a copy of the signed Internal Revenue Service"Employee's Withholding Allowance Certificate(Form W-4)"for each such employee. (6) The contractor of record shall identify all exempt specialized trade subcontractors under the contractor's supervision when so requested by the Building Official. (7) When the contractor of record is a specialized trade contractor that directly subcontracts work to an exempt specialized trade subcontractor, the specialized trade contractor shall employ a supervisor who, in addition to any other on-site attendance requirements of this Article, shall be readily available and present full-time on the project site where such subcontracted work is being performed to ensure that when completed such work fully conforms to the applicable code(s). (8) The contractor of record shall maintain a current mailing address and a telephone number with the Building Official. (9) The contractor of record may proceed with work only after all required permits have been obtained and shall obtain required inspections and authorization to proceed with the work authorized under the permit. 16 (b) All supervisors shall be responsible for the supervision of construction in accordance with the requirements of this Article, and shall observe the following standards: (1) All supervisors shall be on-site and in person on a regular basis throughout the entire construction or installation process to supervise the construction or installation work under the responsibility of a licensed contractor 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. Additionally,when the contractor of record is a specialized trade contractor that directly subcontracts work to an exempt specialized trade subcontractor, a supervisor employed by such specialized trade contractor shall be readily available and present full-time on the project site where such subcontracted work is being performed to ensure that when completed such work fully conforms to the applicable code(s). (2) All supervisors shall obey any order or notice issued pursuant to this Article. (3) All supervisors shall observe generally accepted safety standards. (4) All supervisors shall 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. (5) All supervisors shall maintain a current mailing address and a telephone number with the Building Official. Sec. 15-162. Disciplinary procedures; violations and penalties. (a) When the Building Official determines that a license holder or supervisor described in this Article has committed any of the acts outlined in subsection (d) herein, or when a supervisor fails to provide adequate personal supervision on the work site, the Building Official may order a suspension of all privileges granted under such license or certificate pending a hearing by the board. Such suspension shall not exceed a period of fifteen (15) days following the first commission of any such act and shall become effective immediately or when otherwise determined by the Building Official. Such fifteen-day suspension limitation shall not apply to any subsequent commission of any such act. Notification of said suspension shall be in writing and shall be promptly 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. The notification shall state in reasonable detail the essential facts and reasons for said action and shall advise the affected license holder or 17 supervisor of the right to appeal the decision of the Building Official to the board. A copy of any such suspension shall be placed in the public record of the affected license holder or supervisor. Failure of any such person to receive such notification of suspension shall not invalidate any suspension imposed hereunder. (b) The Building Official shall, upon the verified complaint in writing of any person alleging any of the acts outlined in subsection (d),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 (a) above. (c) 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. (d) The board shall have the power to suspend or revoke (or take other disciplinary action on) any license or certificate when the board determines that a holder thereof has committed any of the following: (1) Knowing or 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 supervisor 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 in obtaining a building permit,license or supervisor certificate; (5) The authorized holder of a license or supervisor certificate lending of or consenting to the use of such credential by person(s) other than the holder thereof; (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 threat to public health and safety; 18 (8) Performance of work for which a license or supervisor certificate is required without a valid, current license or supervisor certificate; (9) The act of employing compensated workers who are performing construction or who are working in a trade for which a license or certificate is otherwise required under this Article when such workers are neither employees nor exempt specialized trade subcontractors as defined under this Article; or (10) The act of requesting of repeated inspections by a license holder or supervisor when such inspections are related to construction or trade regulated under this Article and which reveal that the work performed or supervised by said license holder or certificate holder failed to comply with the building code or other applicable code; and such repeated noncompliance occurs in a manner or to an extent that demonstrates that the license holder or supervisor is either negligent, is not providing adequate supervision or is not qualified to perform or supervise the work. (e) When a license or supervisor certificate is revoked,the holder thereof shall not be granted another license or supervisor certificate under this Article without approval of the board. In deciding whether to approve a new such license or supervisor certificate the board shall determine whether the applicant has demonstrated that any disciplinary actions that have been taken against any contractor license or supervisor certificate currently or previously held by the applicant (whether with the city or any other contractor licensing agency or jurisdiction) have resulted in the rehabilitation of the applicant to good and disciplined character for lawful conduct as a licensed contractor or certified supervisor (as applicable). When the board suspends a license or supervisor certificate, the board shall state the period and conditions of the suspension. (f) In addition to the suspension or revocation of a 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. (g) Any person,firm,partnership,corporation,association,other organization or any combination thereof shall pay an investigation fee to the Building Official when such party performs or causes to be performed construction or a trade for which a contractor license as specified in this Article is required without first obtaining the required license. Such fee shall be equal and in addition to the license fee and shall be paid before the applicable license may be issued. 19 Sec. 15-163. Safety and insurance requirements. All laws relating to safety of employees and the public shall be observed at all times by any contractor or exempt specialized trade subcontractor. Every such contractor or exempt specialized trade subcontractor shall maintain workers' 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. Sec. 15-164. Transition provisions. (a) Any holder of a valid contractor license or supervisor certificate prior to the effective date of this Article, shall be eligible to maintain the same such license or certificate without additional application fees or examination provided such license or certificate remains valid throughout the current annual term of such license or certificate. Thereafter, any such contractor license or supervisor certificate shall be subject to renewal provisions as prescribed in this Article. (b) Any person holding a valid specialized trade contractor license prior to the effective date of this Article shall be eligible for the applicable specialized trade supervisor certificate without additional application fees or further written examination, provided such person is performing the duties of a supervisor and is verified as having passed a written examination or the equivalent as approved by the Building Official. Failure of the license holder by July 1,2001,to obtain either such supervisor certificate or employ a person(s) who holds such supervisor certificate authorizing the performance of such specialized trades in the city, shall be grounds for imposing the penalties as prescribed under this Article. (c) Any person, firm, partnership, or other organization that holds a current valid home improvement license prior to the effective date of this Article shall be eligible for a miscellaneous and minor structures license and supervisor certificate without additional application fees or written examination throughout the current annual term of such home improvement license. Thereafter, all such licenses and supervisor certificates shall be issued as prescribed in this Article. (d) Any person,firm,partnership,or other organization that is performing one of the specialized trades described under this Article as cast-in-place concrete, fireplace appliances, or awnings in the city shall obtain such applicable license and supervisor certificate by July 1, 2001, or be subject to the penalties prescribed under this Article. 20 Introduced and considered favorable on first reading and ordered published in summary form this 20th day of February, A.D. 2001, and to be presented for final passage on the 6th day of March, A.D. 2001. ,f- Mayor ATTEST: —14UL�k .� City Clerk Passed and adopted on final reading this 6th day of March, A.D. 2001. Mayor C ATTEST: AOAXL JLaA City Clerk 21