HomeMy WebLinkAboutbocc.ord.020.1996 �.i:�;:t`:;
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AN ORDINANCE OF THE 80ARD OF CDUNTY COMMISSIONERS Or PITKIN ' `- .
COUNTY,COLORA,DO,AMENDING TITLE VII BUILDING REGULATIONS OF : -�
THE PITKIN COUNTY CODE;ADOPTING REQUIREMENTS,PROCEDURGS y , '':
AND CRITERIA FOR CONSTRUCTION CONTRACTOR TESTING AND .'�. � •
LICENSING;REQUIRING TESTING OF ALL BUII.DING PERMIT f•"
APPLICANTS;AMENDING THE JURISDICTION OF THE BOARD OF
APPEALS AND EXAMINERS
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Ordinance No.96-,� -
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l. Pitkin County has determined that in order to better promote the health,safety and general _
welfare of the County,it is necessary to establish a more compiehensive understanding of
and compliance with the Uniform Building Code,related Uniform Codes,and other �
pertinent laws and ordinances of the jurisdiction.
2. Pitkin County,as a home rule coanty,has the power to enact this ordinance pursuant to the �.`'
Colorado Constitution,Article XIV,section 16,part 4 and Cobrado Revised Statute sec.
• 30-35-30 L
3. General contractor licensing within Pitkin County will promote a better understanding of
and g�eater compliance with the Uniform Codes.
4, It is a danger to the health,safety,and general welfare to the people of and visitors to Pitkin
- County to permit construction under the supervision of those unfamiliar with the Uniform
Codes.
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NOW,THEREFORE,BE IT ORDAINED by the Pitkin County Boazd of County
Commissioners that ir hereby amends Title VII of the Pitkin County Cocle-Building
Reguladons-by the adoption of a new Article 6,as set out below.
Titie VII ��
BUII.DING REGULATIONS
a
Article 6 Contractor Licensing Regulations i .
ARTICLE 6 '
The purpose of contractor licensing regulation is to raise building code awareness and to �
prevent non-qualified builders from circumventing the licensing requirements. The liccnsing � �
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Ordinancc No.96-�6
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program will test all contractors engaged in construction in Pitkin Coumty. It is not intended to -�
discourage any landowner from building his or her own home. � .�'�
Section 6-1 Compliance with article required.
It shall be unlawful for any person to violate any provisions of this artide or to violate or �
refuse to obey any order issued by the Chief Building Official or neglect to pay any fee assessecl by
the Chief Building Official.
� Section 6-2 Revocation and susnension
(a) The chief building official shall have the authority to issue an order to show cause why the
license issued hereunder to any licensee should not be suspended or revoked. Any such
order shall grant the licensee ten days in which to show cause and shall inform the licensee
of the basis for issuance of the order.
(b) T'he following acts or omissions of any person or firm holding a license under this article or
any applicant for a license under this article shail wnstitute grounds for which the chief
. building o�cia]may suspend,revoke,or refuse renewal of any license or deny an
application for said license:
(1) Causirtg or allowing to exist conditions hazardous to the health,safety,and welfaze
of workmen and the pubiic;
(2) Violation of Pitkin County Code,inclvding but not limited to the Land Use Code,
� the i7niform Building Code and related Uniform Codes as adopted,and the
Colorado Revised Statutes;relating to buildings or construction or contractor
licensing;
(3) Failure to comply with any]awful order of the Building Off'icial or his designated
representative;
(4) Misrepresentation or falsification of a material fact in an application to obtain a
license or permit under this and other applicable codes;
(5) Conviction of a misdemeanor or felony relating to the contractor's performance of
construction work or the contractor s conduct of his construction business;
(6) Failure to obtain a building or other applicable permit for any work as required by
Pitkin County Code,including but not limited to the Land Use Code,and the
Uniform Building Code and Uniform Codes as adopted;
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(7) Failure to ensure that the person with whom a subcontractor contracts has obtained � '
valid building or other applicable perrnit for any work required by this code; � . '�, •
(8) Contracting fot or performing construction work that requires a particular license
without holding a valid license for that work; � �.
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(9) Use of a conVactors license to obtain building permits for another person's project •• ;�'`
for which the contractor will not be responsible; .
(10) Disregard or deviation from the plans and specifications approved by the Building _ -
Official for which the permit was issued without the approval of the Building •
Official;
(]1) Failure to ensure that any subcontractor hired by the contractor is licensed in
compliance with the regulations set forth in this Section;
(12) Failure to appear after proper notice,as set forth in this section,at a building official S,r
hearing. ;
- (13) Failure to obtain and maintain a current Pitkin County Use Tax license through the �
county Finance ofFice. �
Section 6-3 Issuance of permits only to]icense holders or agents,and ownerbuilders. �
(a) On any work requiring a building pertnit(s),the permit(s}shall be issued only to licensed
, ' contractors,authorized representatives of licensed contractors,and owner-builders.
(b) For purposes of this article,an"owner-builder"is an individual personally engaged in the
conshvction(new or remodel)of a single-family residence or accessory building for his or
her own use. The following requirements shall apply to owner-builders seeking perrtsits for ' '
construction:
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(1) The owner-builder shall not be issued more than one buitding permit for new home
construction in any two year period and not more than one building permit at a time;
(2) The owner-builder has read applicable regulations and provisions of this arcicle and
applicabie state law and affirmed in writing that the proposed project will comply
with all such reguirements; "
(3) It is the responsibility of the owner-builder to see that a!1 paid personnel shal]be �
covered by workman's compensation insurance as required by state law;
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(4) The owner-builder must be present at the worksite during all inspectio»s and .'�
conferences with the Building Division,unless prior arrangements have been made ':.•;;
with the building off'icials.
In the event that any of the above listed requirements are not met at any time during the !
course of a permitted project,the chief building ofticial may suspend or revoke the owner-
builder's permit. In the case of a suspended building perrnit the owner-builder shall have a
reasonable time to correct the problem. If not corrected within the time period,the permit =�.
may be revoked. In the case of either a suspended or revoked building permit,the owner- � .
builder may ask for a review at the next scheduled Buitding Code Board of Appea(s �
meeting. .
Section 6-4 Compliance with law and supervisory clauses as required. •
All licenses enumerated in this division sha11 be issued by the chief building official in
accordance with the provisions of this Code,and shall be subject to the supervisory clauses �,
contained in this division. The chief building official is authorized to administer tests for the •
licenses and owner-builders as required by this division,as per the standards and regulations
promulgated by the Board of Examiners for Standardized Testing. 'The chief building official is
- further authorized to recognize,for purposes of contractor licensing and owner builder permits,
results of tests administered by otherjurisdictions.
Section 6-S Approval of building official required for issuance of ceRain iicenses. � ,
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(a) No person may be issued a license to engage in the following listed trades,jobs,or �
. contractual service as hereinafter enumerated unless approved by tfie chief building officiaL i.
(1) General Contractor(Unlimited); �
' (2) General Con[ractor(Commercial);
(3) Genera!Contractor(Light Commercial); �
(4) General Contractor{Home Builder);
(5) Specialty.
(b) All persons having valid licenses with the Community Development Department to engage
in the aforementioned trades,jobs,or contractual services,shall not be required to be (
examined by the Chief Building Official. All persons must hold a license from the state,if
required by the state,before engaging in any trade,job,or contractual services within the ,.
county. -
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Section 6-6. Builders licenses generaily.
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(a) General Contractor(LTnlimited). This classification qualifies the holder to contract for the
construction,alteration,or repair of any structure of any type of construction and occupancy
group as permitted by the Uniform Building Code.
(b) General Contractor(Commercial). This classification qualifies the holder to contract for the
cons[ruction of any structure of any type of construction and occupancy group as permitted
by the Uniform Building Code,with the exception of Type I and Type II fire-resistive . -
construction. Also this classification qualifies the hoider for the alteration or repair of any
- structure of any type of construction and occupancy group permitted by the Uniform
Building Code.
(c) General Contractor(Light Commercial) This classification qualifies the holder to contract
for the wnstruction,alteration,or repair of A-3,B,E-3,M,R,S-3 or U occapancy group of
any type of consuvction with the exception of Type I and Type II fire-resistive construction
as permitted by the Uniform Building Code.
" (d) General Contractor(Home Builder). This classification qualifies the holder for the
consUvction,alteration,or repair of R-3 and U occupancies of type V-N Construction.
{e) Specialty. This c[assification qualifies the holder to contract for work involving specialty
trades regulated by the Uniform Codes,including the foliowing:
- (1) Alteration&Maintenance;
(2) Stmctura(Wood Framing;
(3) Concrete;
(4) Drywall;
(5) Excavation;
(6) Fire Alarm System Ins[altation;
(7) Fire Sprinkler System Installation;
(8) Insulation;
(9) Structural Masonry; j`
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(10) Mechanical Contractor;
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(11) Roofing; :y�`�.' -
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(12} Solid Fuei&Gas Appliance; j:��:
(13) 5tructural Steel Erection; ="
(14) Temporary Contractor � � �''�
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(� For the purposes of this section a contractor or sub-contractor hired specificalty for one job ;` . ' �
may be issued a Temporary Conlractors License.It shall only be valid for thirty days.The '
applicant for a Temporary Contractors License shall only be required ro complete an
application,no testing shali be reyuired.Only one Temporary Contractors License can be
applied for within one yeaz.
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Section 6-7. �: ;`
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Application for licensees who employ qualified supervisors.
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� (a) Each individual who acts as a supervisor on any work for which a permit is required must �
be tested in accordance with the provisions of this article for the work proposed to be done.
Section 6-8. Examination fee.
Applications for licenses requited by this article shall be accompanied by a fee of twenty
� dollars($20.00)to cover the costs of processing if examination is required.
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3ection 6-9. Examinations.
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(a) The chief building official,before issuing any license required by this aRicle,shall require
the applicant to take such examinations,written or oral,as the chief building official may
determine to be appropriate. In lieu of such examination,the chief building o�cial may
recognize and accept the results of examinations administered by other governmental
jurisdictions with which the county is a party ro an intergovemmental agreement regarding ��
recognition of such test resuhs. ;�
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(b) Examinations shall be given at reasonable intervals. '
Section 6-10. Insurance. ;�,
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(a) Every contractor granted a license under the tettns of this articic shall be required to �3
maintain at all times employee liability and public liability insurance with minimum limits _
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Ordinanee No.96-p`Z D � �� .
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of not]ess than one hundred thousand do(lars for one person and three handred thousand for �
any one accident,and property damage insurance with a minimum limit of not fess than one �."-
hundred thousand dotlars for any one accident.
Section 6-1 I. Annuai Fees.
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Holders of contractors'licenses issued by the County shall pay a registration fee according �•':r��
to the following classifications:
Class Fee Renewal .
Genera!Contractor(Uniimited) $210.00 $160.00
General Contractor(Commercial) $210.00 $160.00
General Contractor(Light Commercial) $210.00 $160.00
General Contractor(Homebuilder) $ 80.00 $ 52.00
Specialty(Subcontractors} $ 80.00 $ 52.00 '.r
Temporary Contractor $ 50.00 N/A �
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Section 6-12. Compliance with division required for issuance of permit. �
(a) No permit shall be issued to any contractor who has not first obtained a license as required �
in this article or who is delinquent in the payment of annual iicense fees,or use taxes,or
whose license has been suspended or revoked by action of the chief building official.
(b) A licensed contractor may apply for and be issued permits to oniy such work as he or she is
� entided to do under their mspective licenses.
(c) Any application for a permit or license filed in derogation of this section shall be deemed to €
have been Filed with fraudulent intent arid shall be a nu]lity. Any permit or license issued on
the basis of such fraudulent application shall be null and void. ° �
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Section 6-13. State license required. �
All persons performing plumbing or electrica!work of any type regulated or licensed by the
state of Colorado must hold valid state licenses before engaging in any trade,job,or contractual
serviee within the unincorporated county.
Section 6-14. Registration of electrica!and plumbing contractors.
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As a condition of performing services within the county,electrical and plumbing contractors �
shall register with the chief building official. Applicants for regisuation must demonstrate that they
hold a valid contractor s license issued by the state. Registrations made under this section shall , '
terminate on the last day of the yeac. ' -
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Section 6-I5. Appeals. ��
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Appeals of any fi�al decision of the Building Official may be made pursuant to the bylaws
of the Building Code Boazd of Appeals. ���,.
This Ordinance shall be reviewed by the Pitkin County Board of Councy Commfssioners • =_Y..'
withi��,������p�f,���veAa ate. �:;' .
ti INED by the Boazd of County Commissioners of Pitkin
County,Colorado that(fill in blanks here) ;; '
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INTRODUCED,FIRST READ,AND SET FOR PUBLIC HEARING AT TF�
REGULAR MEETING ON THE[Q`�.DAY OF nruanu�,1991t� �;'
NOTICE OF PUBLIC HEARING PUBLISHED IN THE A3PEN TIMES WEEKLY ON �`t
Tf��DAY OF , s ,]99� ��
7"F��R.n 1
APPROVED AND ADOPTED AFI'ER�READING AND PUBLIC HEARING
ON Tf��.DAY OF�i�(n ,1996
3
PUBLIS D AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE�
DAY OF[�,1991�.
� BQARD OF COUNTY CONTMISSIONERS
OF PTfKIN CO IARADO
By: ±i
�i4.. l/r''- , . , airman
DATE: �—.,�?" �ICi
A'IT T: -
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Jea�tte Jones �
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De�puty Clerk and Recorder ,�.
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Ordinance No.96-�'6
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APPROVED AS TO FORM: MANAGER APPROVAL:
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John Ely S • e Kon an
Counry Attorney Cou ty Mana r
RECOMMENDED FOR ADOPTION:
G--7���C.e�?G'� t'
Cindy Houben
Communiry 17evelopment Director
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Stephen anipe "
Chief Building O�cial �.
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