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HomeMy WebLinkAboutbocc.ord.033.2002 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REPEALING AND READOPTING SECTION 10-12, ARTICLE 10 OF ORDINANCE NO. 619 SERIES 1999 IN ORDER TO ADJUST CONTRACTOR LICENSING FEES. CKVIA,-4-hc c ze el3;- U ti RECITAL 1. Whereas, contractor licensing fees have not been raised in five years, and 2. Whereas, it would benefit the County for the contractor licensing program to cover its administrative costs, and 3. Whereas the Board of County Commissioners has directed the Community Development Department to ensure that fees cover all administrative costs, 4. Whereas, Pitkin County, as a home rule county, has the power to enact this ordinance pursuant to the Colorado Constitution, Article XIV, section 16, part 4, and Colorado Revised Statute sec. 30-35-301, Now, therefore, be it ordained by the Pitkin County Board of Commissioners that it hereby repeals Sec. 10-12, Article 10 of Ordinance No. 61, Series 1999 of the Pitkin County Code and readopts same as follows: Article 10 Section 10-1. Adoption of the Contractor Licensing Regulations. Section 10-2 Compliance with article required. It shall be unlawful for any person to violate any provisions of this article or to violate or refuse to obey any order issued by the Chief Building Official or neglect to pay any fee assessed by the Chief Building Official. Section 10-3 Revocation and suspension (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) The following acts or omissions of any person or firm holding a license under this article or any applicant for a license under this article shall constitute grounds for which the chief building official may suspend, revoke, or refuse renewal of any license or deny an application for said license: 1 (1) Causing or allowing to exist conditions hazardous to the health, safety, and welfare of workmen and the public; (2) Violation of Pitkin County Code, including but not limited to the Land Use Code, the Uniform 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 lawful order of the Building Official 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; (7) Failure to ensure that the person with whom a subcontractor contracts has obtained valid building or other applicable permit for any work required by this code; (8) Contracting for or performing construction work that requires a particular license without holding a valid license for that work; (9) Use of a contractor's 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; (11) 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 hearing. (13) Failure to obtain and maintain a current Pitkin County Use Tax license through the county Finance office. Section 10-4 Issuance of permits only to license holders or agents, and owner-builders. jJ �C,C'Y (a) On any work requiring a building permit(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 construction (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 permits for construction: (1) The owner-builder shall not be issued more than one building 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 article and applicable state law and affirmed in writing that the proposed project will comply with all such requirements; (3) It is the responsibility of the owner-builder to see that all paid personnel shall be covered by workman's compensation insurance as required by state law; (4) The owner-builder must be present at the work site during all inspections and conferences with the Building Division, unless prior arrangements have been made with the building officials. 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 official may suspend or revoke the owner- builder's permit. In the case of a suspended building permit 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 Building Code Board of Appeals meeting. Section 10-5 Compliance with law and supervisory clauses as required. All licenses enumerated in this division shall 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 other jurisdictions. Section 10-6 Approval of building official required for issuance of certain licenses. (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 the chief building official. (1) General Contractor (Unlimited); 3 �— (2) General Contractor(Commercial); (3) General 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. Section 10-7 Builder's licenses generally. (a) General Contractor (Unlimited). 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 construction 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 11 fire- resistive construction. Also this classification qualifies the holder 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 construction, alteration, or repair of A-3, B, E-3, M, R, S-3 or U occupancy group of any type of construction with the exception of Type I and Type 11 fire-resistive construction as permitted by the Uniform Building Code. (d) General Contractor (Home Builder). This classification qualifies the holder for the construction, alteration, or repair of R-3 and U occupancies of type V-N Construction. (e) Specialty. This classification qualifies the holder to contract for work involving specialty trades regulated by the Uniform Codes, including the following: (1) Alteration& Maintenance; (2) Structural Wood Framing; (3) Concrete; (4) Drywall; (5) Excavation; (6) Fire Alarm System Installation; (7)Fire Sprinkler System Installation; (8) Insulation; (9) Structural Masonry; e (10) Mechanical Contractor; (11) Roofing; (12) Solid Fuel & Gas Appliance; (13) Structural Steel Erection; (14) Temporary Contractor (f) For the purposes of this section a contractor or sub-contractor hired specifically for one job may be issued a Temporary Contractors License. It shall only be valid for thirty days. The applicant for a Temporary Contractors License shall only be required to complete an application, no testing shall be required. Only one Temporary Contractors License can be applied for within one year. Section 10-8 Application for licensees who employ qualified supervisors. (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 10-9 Examination fee. Applications for licenses required by this article shall be accompanied by a fee of twenty dollars ($20.00) to cover the costs of processing if examination is required. Section 10-10 Examinations. (a) The chief building official, before issuing any license required by this article, 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 official may recognize and accept the results of examinations administered by other governmental jurisdictions with which the county is a party to an intergovernmental agreement regarding recognition of such test results. (b) Examinations shall be given at reasonable intervals. Section 10-11 Insurance. (a) Every contractor granted a license under the terms of this article shall be required to maintain at all times employee liability and public liability insurance with minimum limits of not less than one hundred thousand dollars for one person and three hundred thousand for any one accident, and property damage insurance with a minimum limit of not less than one hundred thousand dollars for any one accident. Section 10-12 Annual Fees. Holders of contractors' licenses issued by the County shall pay a registration fee according to the following classifications: 033 --)-00n" Class Fee Renewal General Contractor(Unlimited) =0 00 $16500 $265.00 $200.00 General Contractor (Commercial) $Z!0 08 00 $265.00 $200.00 General Contractor(Light Commercial) =0 00 $egg $265.00 $200.00 General Contractor (Homebuilder) %93 00 $54_00 $100.00 $65.00 Specialty (Subcontractors) $R3 00 $54 00 $100.00 $65.00 Temporary Contractor $5 00- N/A $60.00 Section 10-13 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 license 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 only such work as he or she is entitled to do under their respective 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 and shall be a nullity. Any permit or license issued on the basis of such fraudulent application shall be null and void. Section 10-14 State license required. All persons performing plumbing or electrical 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 service within the unincorporated county. Section 10-15 Registration of electrical and plumbing contractors. As a condition of performing services within the county, electrical and plumbing contractors shall register with the chief building official. Applicants for registration 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 year. Cs9 633 G9— Section 10-16 Appeals. Appeals of any final decision of the Building Official may be made pursuant to the bylaws of the Building Code Board of Appeals. 9L BOARD OF COUNTY COMMISSIONERS OF PITKI COUNTY, COLORADO By: - Patti Kay-Cla per Chairperson I Date: 1 a- 13 -o i. ette Jones D uty County Cle Approved as to Content: OR Lyndee R. Dean Cindy Hou en Deputy County Clerk Community Development Director Approved as to Form: Manager Approv 1: John Ely, County Attorney Hilary F t her Smith County anager RECOMMENDED FOR ADOPTION: Tony usaro Chief Building Official a L 1 � of �✓uacn,gE� o /a-5'-e � f., �iX+A. 9uma�e�t�o« y