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