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HomeMy WebLinkAboutORDINANCE 26-100 0 ORDINANCE NO.26-10 AN ORDINANCE ESTABLISHING A BUILDING CONTRACTOR LICENSING PROGRAM FOR THE TOWN OF ESTES PARK WHEREAS,the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town and its citizens to establish and adopt a program for the licensing of building contractors conducting business within the Town of Estes Park;and WHEREAS,Section 31-15-501 (1)(c)C.R.S.provides that the Board of Trustees of the Town has the power to license and regulate any lawful occupation and to fix the terms and manner of issuing and revoking licenses. NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO. Section 1.The Board of Trustees of the Town of Estes Park,Colorado hereby amends the Municipal Code of the Town of Estes Park by the addition of Chapter 14.48 —Building Contractor Licensing as the same as more fully set forth on Exhibit A attached hereto and incorporated herein by this reference. Section 2.The Ordinance shall take effect and be in force 30 days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO,THIS 73rd DAY OF flOJQM bAt-f 2010. TOWN 0 ESTES PARK Mayor ATTEST: Town Clerk that the above Ordinance was introduced and read at the meeting of Trustees on the 23 day of floW,nbe/2010,and newspaper of general circulation in the Town of Estes Park,Colorado, day of erQt.4 ,2010. Town Clerk 0 I hereby certify the Board of published in a on the 3i4 0 o 0 EXHIBIT A ESTES PARK MUNICIPAL CODE Chapter 14.48 BUILDING CONTRACTOR LICENSING Chapter 14.48 .010 Purpose .020 Principles of Interpretation .030 Definitions .040 Building Contractor Licensing Requirement .050 Administration of Licensing Requirement .060 Types of Licenses .070 Conditions for Issuance of a License .080 Process for Issuance of License .090 License Term and Expiration/Reapplication .100 License Renewal Updated Codes 11 0 License Fees .120 Violations .130 Enforcement .140 Appeals from Decisions of the Building Official .150 Reapplication for Denied or Revoked License CHAPTER 14.48 BUILDING CONTRACTOR LICENSING 14.48.010 PURPOSE.The purpose of the building contractor licensing program is to protect the public health,safety,and welfare of the citizens of the Town of Estes Park by requiring that building contractors conducting work under Town-issued building or sign permits demonstrate,through the licensing process.that they are competent in the general construction trades or practices in which they are engaged. 14.48.020 PRINCIPLES OF INTERPRETATION.In the case of conflicting or ambiguous provisions in this Chapter.the interpretation taken shall be the more restrictive one,or the one that otherwise best protects the public health and safety in the discretion of the Chief Building Official. 0 0 14.48.030 DEFINITIONS.The following definitions shall apply in the interpretation of this Chapter.Words not defined shall be given their ordinary meaning.or their accepted technical meaning as appropriate. A.Building Contractor.A person who for compensation directs,supervises,or undertakes any work pursuant to a Town building or sign permit.with the exception of the following: I.A person whose sole function in the work is to perform labor under the supervision or direction of a building contractor. 2.A person performing repair or maintenance work on property owned by that person. 3.A person who acts as the contractor for the construction of a new single family residential dwelling on that person’s own property. 4.An employee performing repair or maintenance work on the employer’s own property. B.Board of Appeals (BOA).The appellate board appointed by the Town Board to hear and decide appeals of orders,decisions or determinations made by the Chief Building Official pursuant to the International Building Code as amended and adopted by the Town of Estes Park. C.Chief Building Official (CBO).The head of the Town of Estes Park Building Division or his/her designee. D.Person.Any individual,corporation,limited liability company.partnership,association,or other legal entity. E.Repair or Maintenance Work.Minor work to repair or maintain structures including but not limited to interior decorating and minor exterior maintenance (painting,window covering installation,drywall patching,masonry repair.and the like);the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles;the replacement of any minor part of a portable gas heating appliance that does not alter approval of equipment or make such equipment unsafe;the stopping of leaks in drains, water,soil,waste or vent pipes (but not the removal and replacement of any concealed trap,drain pipe.water,soil,waste or vent pipe);the clearing of stoppages or the repairing of leaks in pipes. valves or fixtures,and the removal and installation of water closets (provided such work does not involve the replacement or rearrangement of valves,pipes or fixtures);and emergency equipment replacement and repairs (for which any required building permit is applied for within the next business day). 0 0 Repair or maintenance work does not include the cutting away of any wall,partition or portion thereof;the removal or cutting of any structural beam or load-bearing support;the removal or change of any required means of egress,or rearrangement of parts of a structure affecting the egress requirements;the addition to,alteration of,replacement or relocation of any standpipe, water supply,sewer,drainage,drain leader,gas,soil,waste,vent or similar piping,electrical wiring,or mechanical or other work affecting public health or safety;or any other work requiring a Town building permit. 14.48.040 BUILDING CONTRACTOR LICENSING REQUIREMENT.Any person who engages in the business of being a building contractor in the Town of Estes Park must,prior to engaging in such business,obtain a building contractor’s license from the Chief Building Official as required in this Chapter. 14.48.050 ADMINISTRATION OF LICENSING REQUIREMENT.The Chief Building Official shall be the Town official responsible for administering the provisions of this Chapter.Appeals of the Chief Building Official’s decisions may be made to the Board of Appeals as further provided in Section 14.48.140. 14.48.060 TYPES OF LICENSES.The following types of building contractor licenses are established,and must be obtained as specified below: A.Class A Contractors License.This license entitles the holder to engage in the construction, alteration,tenant finish or repair of any type of structure permitted by the International Building Code or the International Residential Code. B.Class B Contractors License.This license entitles the holder to engage in the construction, alteration,tenant finish or repair of commercial buildings and single-or multi-dwelling buildings not exceeding three stories in height as permitted by the International Building Code or the International Residential Code. C.Class C Contractors Liccnsc.This license entitles the holder to engage in the construction, alteration.or repair of one-and two-family dwellings and accessory buildings as permitted by the International Building Code or the International Residential Code. D.Gas Piping Contractors License.This license entitles the holder to perform any gas piping work as permitted by the International Fuel Gas Code or the International Residential Code. E.Jobbers Contractors License.This license entitles the holder to provide non-structural remodels on commercial and residential structures with a total value of not more than five thousand dollars as permitted by the International Building Code or the International Residential Code. 3 0 C F.Mechanical Contractors License.This license entitles the holder to perform any work in the heating,ventilation,and air-conditioning fields as pennitted by the International Mechanical Code,International Fuel Gas Code or the International Residential Code. G.Special Contractors License.This license entitles the holder to perform work in one or more specialized trades such as:barns,carports.decks,detached garages,fences.fireplaces.gazebos, greenhouses,masonry veneer,patio covers,patio enclosures,porches,porch enclosures,radon mitigation.re-roofing.re-siding,sheds,signs.solar panel systems,spas.sunrooms,swimming pools.wind generators,window replacement and wood stoves as permitted by the International Building Code,the International Existing Building Code or the International Residential Code. 14.48.070 CONDITIONS FOR ISSUANCE OF A LICENSE.The Chief Building Official shall approve a Building Contractor License for any person who satisfies the following criteria as applicable: A.Possess a valid Town Business License. B.Demonstrates that the person has a valid and current license issued by another county or municipality that was obtained by receiving a passing grade on a nationally recognized examination promulgated by the International Code Council commonly used and accepted by the industry;or achieves a passing grade on the applicable International Code council (ICC)exam related to the particular license type being applied for or its nationally recognized equivalent as determined and approved by the Chief Building Official as follows: 1.Class A Contractors License ICC Exam:Standard General Building Contractor (A) 2.Class B Contractors License ICC Exam:Standard Building Contractor (B) 3.Class C Contractors License ICC Exam:Standard Building Contractor (C) 4.Gas Piping License ICC Exam:Master Gas Pipe Fitter 5.Mechanical License ICC Exam:Commercial or Residential Mechanical C.In lieu of an exam,Jobbers or Special Contractors must provide proof of three (3)successfully completed projects in their specialized field or show proof of two (2)years full-time equivalent experience working for a contractor in each specialized field.The Chief Building Official shall make the final determination based on the application. D.For persons seeking a Class A,B,or C Contractors License,provide proof of three (3) successfully completed projects or show proof of two (2)years experience in their contractor’s field. E.In lieu of an exam and/or proof of experience.the following persons shall provide copies of their current State of Colorado license or certification.A person required to be licensed by the State of Colorado who is performing work within the scope of their license,such as: 4 0 0 Electricians pursuant to Article 23,Title 12.C.R.S. Plumbers pursuant to Article 58,Title 12,C.R.S. Elevator and Conveyance Installers pursuani to Article 5.5 Title 9,C.R.S. Manufactured Home Installers pursuant to 24-32-3301 et Sec C.R.S. F.In lieu of having a valid and current license issued by another county or municipality or achieving a passing grade on the applicable International Code Council examination provided in sub-paragraph B.and the completed projects requirements of sub-paragraph D.,a person may provide to the Chief Building Official evidence that the person has applied fora minimum often (10)building permits in Colorado in local jurisdictions equivalent to Larirner County or the Town.The ten (10)building permits shall be related to the type of license applied for by the person.The person shall have completed 80%of the projects for those building permits.For example,if a person had applied for len (10)permits and eight (8)or more of the building permits have received final inspection approval,the person has an 80%successful completion rate.For the purposes of this sub-paragraph F.,the Chief Building Official shall have the sole discretion on the determination of whether or not a person has met the requirements of this sub section. 0.Meets the requirements for processing of licenses in Section 14.48.080. 14.48.080 PROCESS FOR ISSUANCE OF LICENSE.The following procedural requirements shall apply to the issuance of licenses under this Chapter: A.Contractors must submit a complete license application to the Chief Building Official on the form provided by the Chief Building Official including all required supporting documentation. B.Within seven (7)business days after a complete application for a license is submitted,the Chief Building Official shall approve a license,a provisional license,or a written statement of license denial.Inadvertent failure of the Chief Building Official to act within seven (7)business days shall not entitle the applicant to engage in building contracting work in the Town. I.The Chief Building Official shall approve a license if the Chief Building Official determines. based on the submitted complete application,that the conditions for license issuance have been met. 2.The Chief Building Official shall approve a provisional license if the Building Official determines that the submitted complete application indicates that the conditions for licensing appear to have been met but the Chief Building Official needs additional information to verify this indication.If a provisional license is issued.the Chief Building Official shall,after verifying the conditions for licensing have been met,approve a license.The Chief Building Official shall have 45 calendar days after issuance of a provisional license to approve a license or a written statement of license denial.Inadvertent failure of the Chief Building Official to approve a license within this 45-calendar-day period shall not preclude an applicant who has otherwise satisfied the requirements for obtaining a license from engaging in the business of being a building contractor and applying for or working under a Town 5 0 0 building or sign permit,provided that the Chief Building Official subsequently approves the submitted application and a license is issued. 3.The Chief Building Official shall issue a written statement of license denial if the Chief Building Official determines that any of the conditions for license issuance have not been met.The statement of license denial shall specify the reason for denial. 4.Any issued license or provisional license may contain terms or conditions which the Chief Building Official deems necessary to carry out the purposes of this Chapter. 14.48.090 LICENSE TERM AND EXPIRATION/REAPPLICATION.License approvals shall be effective for one (1)calendar year after their date of issuance.Licenses shall expire at the end of this term.Contractors holding licenses may apply for a new license within three (3)calendar months prior to the expiration of their existing license.Contractors holding a valid Town license who apply for a new license must not have any unresolved building code violations older than 30 days. 14.48.100 LICENSE RENEWAL UPDATED CODES.If the Town has adopted updated International Building Codes,a Building Contractor applying for renewal of its license shall provide to the Chief Building Official evidence that the Building Contractor has kept updated on the newly adopted International Codes by attending classes on the updated codes or has taken an abbreviated exam on the updated codes.The Chief Building Official shall maintain a list of classes or abbreviated exams which are acceptable to meet the requirements of this section. 14.48.110 LICENSE FEES.Administrative fees for issuing a license under this Chapter shall be established by Resolution of the Board of Trustees. 14.48.120 VIOLATIONS.It shall be a violation of this Chapter for any Building Contractor to: A.Provide any materially false.misleading,or incomplete information on a license application. B.Fail to obtain a required building or sign permit or to follow any other applicable requirements of the Town of Estes Park Building Codes or Sign Code,as amended. C.Perform work outside the scope of an issued license,transfer a license to a person other than the licensee,or employ unlicensed persons in work under a Town building or sign code permit who are required to be licensed under this Chapter. D.Fail to resolve any outstanding (older than 30 calendar days)Town of Estes Park Building Codes or Sign Code violations. E.Engage in conduct or activities which cause adverse action to be taken under a license issued by another jurisdiction which in the sound discretion of the Chief Building Official exercised in light of the requirements of the Town of Estes Park Building Code or Sign Code indicates that 6 0 C the licensee lacks the basic competence to perform the work for which the license has been issued. F.Otherwise violate this Chapter or engage in activities or conduct which,in the sound discretion of the Chief Building Official exercised in light of the requirements of the Town of Estes Park Building Codes or Sign Code,indicates that the Contractor lacks the basic competence to perform the work for which the license has been issued. G.Failure to pay the difference in the building permit fee when the original building or sign valuation is below the actual construction cost. 14.48.130 ENFORCEMENT. A.The following actions may be taken for violation of this Chapter: I.The Chief Building Official may give a written warning to the building contractor. 2.The Chief Building Official may revoke the Building Contractor’s license. 3.The Chief Building Official may stop/suspend work under an issued building or sign permit; may stop-work on a project that required but does not have an issued building or sign permit; may refuse to issue a certificate of occupancy or perform a final inspection under an issued building or sign permit;or may revoke an issued building or sign permit. 4.The Chief Building Official may pursue any other remedy allowed in law or equity. B.Process for enforcement: I.Prior to taking any of the actions specified in Section 14.48.130,Subsection 2.3,&4,the Chief Building Official shall serve a notice of violation by delivering the notice personally to the Building Contractor or by mailing the notice via certified mail,return receipt requested to the Building Contractor’s address of record on the application.The notice shall specify the nature of the violation in reasonable detail. 2.The Building Contractor shall have ten (10)calendar days after the date on which the notice is delivered or deposited in the mail to cure the violation or to request a meeting with the Chief Building Official. 3.If the Building Contractor makes a timely request for a meeting with the Chief Building Official,the Chief Building Official shall notify the Building Contractor of the date,time. and place of the meeting.The meeting shall occur no later than ten (10)calendar days after receipt of the meeting request. 4.Upon completion of the meeting.the Chief Building Official shall take all information presented under advisement and shall notify the Building Contractor in writing within ten (10)calendar days after the meeting of the Chief Building Official’s findings and decision. 7 0 0 5.The decision of the Chief Building Official may be appealed to the Board of Appeals pursuant to Section 14.48.140. C.Emergency Enforcement: 1.If the Chief Building Official has cause to believe public health and safety will be endangered as a result of an apparent violation of this Chapter.the Chief Building Official may enter an order for immediate suspension of a Building Contractor’s license and may impose a stop-work order against the affected property pending a hearing before the Board of Appeals.The Chief Building Official shall notify the Building Contractor of the immediate suspension of his/her license,the stop-work order,the nature of the violation and the date. time and place of the hearing before the Board of Appeals.The notice shall be served by personally delivering the notice to the Building Contractor,by posting the notice at a prominent location on a property which has been issued an active building or sign permit on which the Building Contractor is known to be working,or by transmitting the notice to the Contractor by first class mail at the Building Contractor’s address of record on the application.The Chief Building Official shall post the stop-work order at a prominent location on the affected property and shall also transmit a copy of the stop-work order, including the reasons for the order,to the affected building or sign permit holder and property owner (if other than the Building Contractor)by personal delivery or by first-class mail at the address on record with the Chief Building Official. 14.48.140 APPEALS FROM DECISION OF THE CHIEF BUILDING OFFICIAL. A.Appeals to the Board of Appeals may be made by any person aggrieved by the following final decisions made by the Chief Building Official in the course of administering this Chapter: I.Denial ofa license application. 2.Suspension of revocation of a license. 3.Issuance of a stop-work/suspension order or revocation of a building or sign permit. 4.Written determination that a person is a building contractor required to obtain a license or a certain class of license under this Chapter. B.Appeals to the Board of Appeals must be in writing addressed to the Chief Building Official, must state in reasonable detail the basis for the appeal and must be received by the Chief Building Official no later than twenty (20)calendar days after the date of the decision being appealed. C.Upon receipt of a complete and timely appeal the Chief Building Official shall schedule a hearing.The hearing shall be held no earlier than 15 calendar days and no later than 45 calendar days after receipt of the appeal.or as soon as possible thereafter given the availability of the Board of Appeals members for the appeal hearing.For hearings pursuant to Section 14.48.130. the hearing date shall be set based on the date of the notice. S 0 0 D.The Chief Building Official shall make a written statement to the Board of Appeals on each appeal request.The Chief Building Official shall make this statement available to the appellant at least seven (7)calendar days prior to the hearing. E.The Board of Appeals shall conduct appeal hearings according to the rules of procedures set forth in their By-Laws as they may be amended from time to time. F.The Board of Appeals shall keep a written and recorded record of its hearing,and shall issue a decision on the appeal which the Chief Building Official shall provide to the appellant in writing no more than 14 calendar days after the hearing.The Board of Appeals’decision shall be final unless otherwise stated. G.The provisions for Board of Appeals under this Section 14.48.140 shall supplement the Board of Appeals authority under the Town of Estes Park Building Code and the Board of Appeals adopted procedural rules as they may be amended from time to time. 14.48.150 REAPPLICATION FOR DENIED OR REVOKED LICENSE.If a license is denied or revoked under this Chapter,the applicant may reapply for a license,but not sooner than 90 calendar days after the final decision of the Chief Building Official or the Board of Appeals,as applicable. 9