HomeMy WebLinkAbout122 - 11/20/2012 - AMENDING CHAPTER 15 OF THE CITY CODE PERTAINING TO CONTRACTOR LICENSES ORDINANCE NO , 1229 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 15 OF THE CODE OF THE
CITY OF FORT COLLINS PERTAINING TO
CONTRACTOR LICENSES
WHEREAS , since 1981 , the City has required that contractors be licensed before performing
work for which a building permit must be issued, the purpose of which requirement is to establish
minimum qualifications, set liability insurance limits and develop standards of conduct for persons
engaged in construction, alteration or repair of buildings, including persons performing specialized
trades ; and
WHEREAS , in recent years the construction industry has evolved such that contractors have
become more specialized in the services they provide, and the City's current licensing ordinance does
not have license categories that easily fit the specialized work being performed; and
WHEREAS , in order to address this evolution, several subcategories of licenses were
developed administratively and should be incorporated into the City Code; and
WHEREAS , the International Code Consultants has developed national contractor license
examinations based on the International Codes which the City desires to utilize for license
examination purposes ; and
WHEREAS , among other things, the purpose of this Ordinance is to help clarify the
minimum experience and qualification requirements of an applicant, create license categories that
better align with the adopted residential and commercial building codes, streamline the application
and project verification process, establish registration requirements for the currently non-licensed
category of workers and increase minimum liability amounts to recognized industry levels ; and
WHEREAS , in pursuance of these proposed changes, City staff organized a committee of
licensed general contractors to act as a "Code Review Committee" ; and
WHEREAS , City staff conducted significant public outreach, particularly with the
Homebuilders Association of Northern Colorado and the Board of Realtors without receiving
negative feedback from either agency; and
WHEREAS , the Code Review Committee has unanimously supported the proposed changes ;
and
WHEREAS , the Affordable Housing Board, Building Review Board and Fort Collins
Housing Authority have all supported the proposed changes ; and
WHEREAS , the City Council has determined that the proposed changes to Chapter 15 ,
Article V regarding contractor licenses are in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows :
Section 1 . That Section 15 - 153 of the Code of the City of Fort Collins is hereby amended
by the addition of a new definition "Deconstruction " which reads in its entirety as follows :
Deconstruction shall mean the systematic total removal of building components for
the purpose of recycling or re-use .
Section 2 . That the definition "Exempt specialized trade subcontractor" contained in
Section 15 - 153 of the Code of the City of Fort Collins is hereby amended to read as follows :
Exempt specialized trade subcontractor shall mean any person who is registered with
the City as an Exempt Specialized Trade Subcontractor, 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 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 .
Section 3 . That Section 15 - 154 of the Code ofthe City ofFort Collins is hereby amended
to read as follows :
Sec. 15-154. License and registration required.
(a) Except as otherwise permitted in this Article, no person may perform
construction work or trade as a contractor, including deconstruction work, named in
this Article within the City without first obtaining a license and designating an
approved supervisor, or register 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 or to a licensed contractor or to the contractor's authorized
representative. 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.
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(c) No person shall engage in the business of contracting for the installation of
electrical work in the City without registering as an electrical contractor with the
Department of Community Development and Neighborhood Services . In order to
register as required herein, the person must perform the following:
( 1 ) Be licensed as a master electrician by the State Electrical Board or
have an employee so licensed. The registration required herein shall
be valid only as long as the registrant is licensed or employs a person
so licensed;
(2) Provide worker' s compensation and general liability insurance as
specified in Section 15 - 163 ;
(3 ) Provide supervision and maintain licenses as required by the State
Electrical Board for all apprentice and journeyman electricians .
(d) No person shall engage in the plumbing trade or business in the City without
registering as a plumber with the Department of Community Development and
Neighborhood Services, and no person shall engage in the business of a plumbing
contractor in the City without registering as a plumbing contractor with the
Department of Community Development and Neighborhood Services . For the
purpose of this Section, plumbing contractor means any person who undertakes or
offers to undertake for another the planning, laying out, supervising and installing or
the making of additions, alterations and repairs to potable water supply and
distribution pipes and piping, plumbing fixtures, drainage and vent pipes and
building drains, including their respective j oints and connections, devices, receptacles
and appurtenances . A registered professional engineer who plans or designs
plumbing installations shall not be classified as a plumbing contractor. In order to
register as a plumbing contractor, the person desiring to engage in such business must
do the following:
( 1 ) Be licensed as a master plumber by the State Examining Board of
Plumbers or have an employee so licensed and registered. The
registration as a plumbing contractor shall be valid only so long as the
person registered is so licensed and registered or employs a person so
licensed and registered;
(2) Provide worker' s compensation and general liability insurance as
specified in Section 15 - 163 ;
(3 ) Pay a registration fee of two hundred dollars ($200) to the City, valid
for a period of two years from the date of payment;
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(4) Provide supervision and maintain licenses as required by the State
Examining Board of Plumbers for all apprentice and journeyman
plumbers .
(e) No person shall engage in the business of an Exempt Specialized Trade
Subcontractor in the City without registering as an Exempt Specialized Trade
Subcontractor with the Department of Community Development and Neighborhood
Services . In order to register as an Exempt Specialized Trade Subcontractor, the
person(s) desiring to engage in such business must do the following :
( 1 ) Register as an individual or as a company listing all employees to be
recognized by the registration.
(2) List all Specialized Trade Contractors that are under contract with the
Exempt Specialized Trade Subcontractor.
(3 ) Pay a registration fee of two hundred ($200 . ) to the City, valid for a
period of two (2) years from the date of payment.
(4) Provide worker' s compensation and general liability insurance as
specified in Section 15 - 163 .
Section 4 . That Section 15 - 155 of the Code of the City of Fort Collins is hereby amended
to read as follows :
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, and
further provided that no building owner, or unpaid volunteer or paid worker
employed by said owner, may engage in the following types of work without
obtaining the appropriate contractor license :
a. Alterations to the primary or secondary structural frame work (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 ;
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c . Alterations to or the installation of electrical, plumbing or mechanical
systems, except for fixture replacement and emergency repairs;
d. Replacement of more than a total of one ( 1 ) square ( 100 square feet)
of roofing; or
e . Nonstructural construction, alterations or repairs to a building
performed by the building owner(s) or by his or her unpaid volunteers
or paid workers, ; when the total construction value of all work
(including the related work done on the project by licensed
specialized trade contractors), exceeds two thousand dollars
($2,000 . ) .
(2) An owner of a detached single-family dwelling, and his or her unpaid
volunteers working under the continuous personal supervision of the owner, may
perform construction work on such dwelling and any associated accessory buildings,
provided that the dwelling is the owner' s personal primary residence, and further
provided that the owner commences construction of no more than one ( 1 ) such new
dwelling within any twenty-four-month period. In the event such dwelling is
destroyed or damaged, reconstruction thereof shall be exempt from the foregoing
time period. Prior to performing any such construction, demolition, or deconstruction
the owner must demonstrate sufficient knowledge and proficiency required to
perform said construction as determined by the Building Official.
(3 ) An employee of a contractor who is not otherwise regulated under this
Article.
(4) A partner, owner, or other company official of a licensed contractor who
performs on-site construction under the direction of a qualified supervisor.
(5 ) An exempt specialized trade subcontractor registered with the City and under
a direct contract with a licensed specialized trade contractor as defined in this Article .
(6) Any person, firm, partnership, or corporation performing the following types
of construction or installations : wallboard; nonstructural masonry; nonstructural
wood frame systems ; finish and trim carpentry; nonstructural concrete floors,
sidewalks, stairs, landings, and drives ; nonstructural 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 ; above ground manufactured 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
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drain as defined in the Colorado Plumbing Code; elevators and escalators ; and radon
piping systems .
(7) Any person who is, without pay or compensation of any kind, performing
construction and who is supervised directly by a licensed contractor and supervisor
as specified in this Article .
Section 5 . That Section 15 - 157 of the Code ofthe City of Fort Collins is hereby amended
to read as follows :
Sec. 15-157. Supervisor certificate; fees ; examinations ; renewals.
(a) No contractor as defined in this Article shall perform construction, demolition
or deconstruction that requires a permit without designating a supervisor to supervise
such construction, demolition or deconstruction 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 or approved by the City or the equivalent of such examination as
determined by the Building Official. 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 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 course work
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
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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 that 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 attest and certify, on a form provided by the City,
that he has received and reviewed a copy of the City's latest amendments, or has
attended a City-provided training class . 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 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 .
Section 6 . That Section 15 - 158 of the Code of the City of Fort Collins is hereby amended
to read as follows :
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 :
( 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, email address and one ( 1 )
form of photographic identification of the applicant;
(2) Documents verifying that the applicant has acted in the principal role
of contractor or primary project supervisor on no less than three (3 )
separate completed building construction or specialized trade
projects . A person other than the applicant must sign such documents,
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and the same person can not be the signatory on all three (3 )
documents . Said signatory shall be a project owner, contractor,
architect, or professional engineer directly involved in the
construction of said project, and said person shall have worked
directly with the 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.
(3 ) The applicant's disclosure of any disciplinary action (whether by the
City or any other jurisdiction) taken against the applicant or against
any 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 -
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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) All documents required to be provided in (a) above.
Section 8 . That Section 15 - 159 of the Code ofthe City ofFort Collins is hereby amended
to read as follows :
Sec. 15- 159. Minimum experience qualifications.
(a) Minimum experience requirements for Classes A, A-DR, B , B-DR, C- 1 , C- 1 -
DR, C-2, C-2-DR, D- 1 , D-2 , D-DR, E, ER, and MM 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 :
( 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 three (3 ) entire buildings each of which must have exceeded
five (5) stories in height.
(2) To qualify for a Class A-DR license or supervisor certificate, the
applicant must have acted principally in the role of supervisor for the
significant structural repair construction on three (3 ) buildings, each of which
must have exceeded five (5) stories in height.
(3 ) 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 each of which must have exceeded
three (3) stories in height.
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(4) To qualify for a Class B-DR license or supervisor certificate, the
applicant must have acted principally in the role of supervisor for the
significant structural repair construction on three (3 ) buildings, each of which
must have exceeded three (3 ) stories in height.
(5 ) 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 of type III, IV, or V
construction .
(6) To qualify for a Class C- 1 -DR license or supervisor certificate, the
applicant must have acted principally in the role of supervisor for the
significant structural repair construction on three (3) buildings of Type III, IV,
or V construction.
(7) 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 classified as Type V
construction and of Group R occupancy. At least one ( 1 ) such building
described herein shall not be less than three (3 ) stories in height as defined in
the building code.
(8) To qualify for a Class C-2-DR license or supervisor certificate, the
applicant must have acted principally in the role of supervisor for the
significant structural repair construction on three (3) buildings of Type V
construction, with one ( 1 ) building being at least three (3) stories in height.
(9) 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 ) entire buildings classified as R-3
Occupancies (single-family or townhomes) .
( 10) 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 classified as additions or
alterations to R-3 Occupancies (single-family or townhomes) each project
being at least one thousand ( 1 ,000) square feet.
( 11 ) To qualify for a Class D-DR license or supervisor certificate, the
applicant must have acted principally in the role of supervisor for the
significant structural repair construction on three (3 ) buildings of Type V
Construction classified as R-3 Occupancy (single-family or townhome) .
( 12) To qualify for a Class E (commercial) license or supervisor certificate,
the applicant must have constructed or acted principally in the role of
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supervisor for the non-structural alteration of three (3 ) entire projects, each
of which shall be non-residential in use . 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.
( 13 ) To qualify for a Class ER (residential) license or supervisor
certificate, the applicant must have constructed or acted principally in the role
of supervisor for the non-structural alteration of three (3 ) entire residential
projects . Each such project must have exceeded fifteen thousand dollars
($ 15 ,000 . ) in total construction value and at least one ( 1 ) such project must
have exceeded thirty thousand dollars ($30,000 . ) in total construction value .
( 14) To qualify for a Class MM 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, such as storage sheds,
playhouses, greenhouses, gazebos ; unenclosed structures such as carports and
patio covers, open porches and decks, each of which must have been
associated with a detached single-family dwelling.
( 15 ) 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 three (3) completed projects which
demonstrate that the applicant possesses at least two (2) years of
supervisor experience in the specialized trade applicable to the
particular license or contractor supervisor certificate sought.
Section 9 . That Section 15 - 160 of the Code of the City of Fort Collins is hereby amended
to read as follows :
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 .
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(b) Plumbers and Exempt Specialized Trade Subcontractors shall pay registration
fees in accordance with § 15 - 154 .
(c) The Class A, A-DR, B, B-DR, C- 1 , C- 1 -DR, C-2 , C-2-DR, D- 1 , D-2, D-DR,
E, ER, and MM general contractor licenses described in this Section and their
employees may perform Specialized Trade Contractor work such as roofing,
demolition or deconstruction, framing, and awnings on projects for which permits
have been issued to the general contractor. The listed licenses do not authorize the
holders thereof or their employees to perform Specialized Trade Contractor work
described to the following specialized construction trades : electric, plumbing,
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, or deconstruct any building or structure in the City that
is regulated under the building code, including all work authorized by license
types below this level .
(2) A Class A-DR Structural Damage Repair/Restoration license holder
shall be authorized to make repairs or restoration to structural damage to any
building or structure in the City regulated under the building code, including
all work authorized by damage repair and restoration license types below this
level .
(3 ) A Class B general contractor license holder shall be authorized to
construct or demolish, or deconstruct any building or structure in the City
regulated under the building code up to and including five (5) stories in
height and including all work authorized by license types below this level.
(4) Class B-DR Structural Damage Repair/Restoration license holder
shall be authorized to make repairs or restoration to structural damage to any
building in the City regulated under the building code, up to and including
five (5 ) stories in height, and including all work authorized by damage repair
and restoration license types below this level.
(5 ) A Class C- 1 general contractor license holder shall be authorized to
construct or demolish, or deconstruct any building or structure in the City that
is regulated under the building code and which does not exceed three (3 )
stories in height of construction types III, IV, and V, and including all work
authorized by license types below this level.
(6) A Class C- 1DR Structural Damage Repair/Restoration license holder
shall be authorized to make repairs or restoration to structural damage to any
building or structure in the City regulated under the building code that does
not exceed three (3 ) stories in height and limited to construction types Ill, IV,
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and V, including all work authorized by damage repair and restoration license
types below this level .
(7) A Class C-2 general contractor license holder shall be authorized to
construct or demolish, or deconstruct any building or structure in the City
classified by the building code as Type V construction and a Group R or a
Group U, Division 1 occupancy that does not exceed three (3 ) stories in
height, including all work authorized by license types below this level, and
including other ancillary Type V buildings or structures that are associated
with a particular multi-family housing project, such as management offices,
community and recreation buildings , maintenance buildings and similar uses .
(8) A Class C-2DR Structural Damage Repair/Restoration license holder
shall be authorized to make repairs or restoration to : ( 1 ) structural damage
to any building or structure in the City regulated under the building code
classified as Type V construction and a Group R or a Group U, Division 1
occupancy which does not exceed three (3 ) stories in height; and (2)
structural damage to other ancillary Type V buildings or structures that are
associated with a particular multiple-unit housing project, including all work
authorized by damage repair and restoration license types below this level.
(9) A Class D- 1 general contractor license holder shall be authorized to
construct, demolish, or deconstruct 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 or
townhomes (aka single-family attached) as regulated by the International
Residential Code, including all work authorized by residential license types
below this level.
( 10) A Class D-2 general contractor license holder shall be authorized to
construct, demolish or deconstruct residential garages of Group U, Division
1 occupancies up to one thousand ( 1 ,000) square feet; construct, demolish or
deconstruct additions to detached single family dwellings not exceeding one
thousand ( 1 ,000) square feet in total floor area; perform any structural
alterations 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; and construct or
repair exterior decks of any size associated with single-family and/or multi-
family project, including all work authorized by residential license types
below this level.
( 11 ) A Class D-DR Structural Damage Repair/Restoration license holder
shall be authorized to make repairs or restoration to structural damage to any
building or structure in the City regulated under the building code as a Group
R, Division 3 occupancy housing not more than two (2) dwelling units, or a
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Group U, Division I occupancy or townhomes (aka single-family attached)
as regulated by the International Residential Code.
( 12) A Class E (commercial) general contractor license holder shall be
authorized to perform any non-structural alteration work to any building or
structure in the City, including all work authorized by license types below
this level.
( 13 ) A Class ER (residential) general contractor license holder shall be
authorized to perform any non-structural alteration work to any residential
building or structure in the City regulated under the International Residential
Code including single-family, duplex, and townhomes (aka attached single-
family), including all work authorized by Class MM (Miscellaneous and
Minor Structures) .
( 14) A Class MM (Miscellaneous and Minor Structures) general contractor
license holder shall be authorized to construct, demolish or deconstruct the
following projects associated with detached single family dwellings : detached
structures such as shelters, storage sheds, playhouses, greenhouses, and
gazebos, unenclosed structures such as open carports, patio covers, open
porches, and decks . All such projects shall be limited to one-story buildings
or structures not exceeding three hundred (300) square feet in floor area.
(d) 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 verifying that the applicant has
acted in the principal role of contractor or primary project supervisor on no less than
three (3 ) separate completed specialized trade projects 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 :
Alarm systems authorizes the installation, testing, maintenance, and servicing of fire
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 .
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.
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Demolition authorizes the razing of entire buildings and other structures regulated by
the building code, excluding such work as deconstruction, partial or interior
demolition work associated with alterations .
Electricians authorizes the installation of electrical systems as regulated by the State
of Colorado .
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 combination potable water/residential fire sprinkler systems
regulated under the International Residential code.
Fireplace appliances authorizes the installation of nonportable listed manufactured
fuel-burning fireplace appliances and associated chimneys or vents excluding
equipment for industrial processes or for providing primary space heating,
ventilation, cooling or water heating; and excluding any building modifications ,
alterations or additions .
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.
Gas piping authorizes the installation of piping and fittings for supplying fuel-gas,
and the replacement of water heaters when such water heater replacement does not
involve alteration of water supply piping or appliance venting.
HVAC-C (commercial) authorizes the installation of environmental nonportable
heating, ventilation, air conditioning systems including commercial boilers and the
related piping, ducts, venting, appliances, controls and electrical wiring (supplying
not more than fifty [50] volts), including all work authorized by HVAC-R and
HVAC-RR.
HVAC-R (residential) authorizes the installation of environmental non-portable
heating, ventilation, air conditioning systems, including residential boilers and
replacement of equipment, for single-family dwelling units including duplex, multi-
family and townhomes (aka single-family attached) and the related piping, ducts,
venting, appliances, controls and electrical wiring (supplying not more than fifty [50]
volts) .
HVAC-RR (repair and replacement) authorizes the replacement installation of
environmental non-portable heating, ventilation, air conditioning equipment and the
related piping, ducts, venting, appliances, controls and electrical wiring (supplying
not more than fifty [50] volts) associated with the repair or replacement.
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Plumbers authorizes the installation of plumbing systems as regulated by the State
of Colorado .
Refrigeration authorizes the installation of nonportable evaporative, absorption and
mechanically operated refrigeration equipment, including piping, vessels, controls
and electrical wiring (supplying not more than fifty [50] volts) .
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 of slopes two (2) inch in twelve ( 12) inch or steeper.
Roofing Plus 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 of slopes less than two (2) inch in twelve ( 12) inch.
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.
Solar energy hydronic authorizes the installation of solar heat collectors, storage
tanks and related piping, and related electrical wiring supplying not more than fifty
(50) volts.
Solar energy PV authorizes the installation of photovoltaic collectors, and related
electrical wiring supplying stand alone or utility grid systems .
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.
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.
Section 10 . That Section 15 - 161 of the Code ofthe City ofFort Collins is hereby amended
to read as follows :
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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 adopted codes of the City.
(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.
(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 shall be present
full-time on the project site where such subcontracted work is being
performed.
(8) The contractor of record shall maintain a current mailing address,
telephone number, and email address 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.
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(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 on a regular basis, as approved by the
Building Official, 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. 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 present full-time on the project site
where such subcontracted work is being performed. A specialized trade
contractor shall directly contract with only one level of exempt specialized
trade subcontractor. Exempt specialized trade subcontractors shall not
contract with another exempt specialized trade subcontractor.
(2) All supervisors shall obey any order or notice issued pursuant to
adopted codes of the City.
(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, telephone
number, and email address with the Building Official.
Section 11 . That Section 15 - 162 of the Code ofthe City ofFort Collins is hereby amended
to read as follows :
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 forty-five (45 ) days following the first commission of
any such act and shall become effective immediately or when otherwise determined
by the Building Official. Such forty-five (45) 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
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authorized person listed on such license application by mail or email 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 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, 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;
(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;
(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 persons other than the holder
thereof,
(6) Failure to obtain any required permit for the work performed or to be
performed;
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(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,
(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 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) Owners who obtain permits for work on their primary residence and hire un-
licensed contractors for work which requires a licensed contractor or licensed
specialty trade contractors shall be deemed to have violated the provisions of this
Article and shall be subject to the penalties set forth in § 1 - 15 of the Code .
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(h) 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 maybe issued.
Section 12 . That Section 15 - 163 of the Code of the City of Fort Collins is hereby amended
to read as follows :
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 general liability insurance in the minimum
amounts as follows : one million dollars ($ 1 ,000,000) per person, two million dollars
($2 , 000 ,000) per accident and two million dollars ($2 ,000,000) per accident
involving public property.
Section 13 . That Section 15 - 164 of the Code of the City of Fort Collins is hereby amended
to read as follows :
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 that 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 that 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 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.
Section 14 . That Section 15 - 171 of the Code of the City of Fort Collins is hereby deleted
in its entirety as follows and Section 15 - 172 is hereby renumbered as Section 15 - 171 :
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Section 15. That Section 15-305 of the Code of the City of Fort Collins is hereby deleted
in its entirety as follows and Section 15-306 is hereby renumbered as Section 15-305:
Introduced, considered favorably on first reading, and ordered published this 6th day of
November, A.D. 2012, and to be presented for final passage on the 20th day of November, A.D.
2012.
OF FOR]'C
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ATTEST: L
U )a4ll4 / K h ` cO�ORAVO•
City Clerk
Passed and adopted on final reading on the 20th day of November, A.D. 2012.
�OF FOR7-
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ATTEST:
O.ORAOO
City Clerk
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