HomeMy WebLinkAbout1986 Ordinance No. 0170R!lINAICE 00._[J
SERI ES CF 1986
BY Al1I'HORITY
caJtCIL BILL NO. 17
IITTHOIJOCED BY COJtCIL
MEMBER BILO
/IN 0R!JINAl'CE /1."U~)li-K; TITL~: 5, ENGLEWOOO HU C IPAL COOE 1985, BY
REPIW.100 OlAPfER:; 7 AND 8 /\ND REENACTIOO A NEW OIA Pl'ER 7 R!l.ATIOO
TO CON'I'RACTOH LI .:t:NSING IN TIIE C ITY CF ENG LEWOOO.
WHEHE/1.S, the Div is ion of Bu ildir>:J ard Safety has detecninecl
tlktt there are mll'lerous areas within Titlu 5, O,apters 7 and 8,
of · !1e l:l1gl e woo:l l'lmi cipa l Cod e 1985 , that have becane outdated ard
dr • contusing or inaccurate as the const ruction industry has
evol vOO o ver the ye ars ;
NOtl, nlERE~'ORE, BE IT 0RD'\INED BY 'nlt: Cl'I'Y COOtCIL CF TII E
C l'l'Y ~, EOOLEWOOD, CQ(,(IRADO , AS FOLLOWS:
Sect ion l. Tit!•, 5, O'ta pte rn 7 and 8, Er,J!ewood r,\Jn lci pal
Code 1985, a r ,;-her e l>y repealed.
Section 2. A new O'tapter 7, Title 5 , Englewood l'\Jnicipal
Code 1985, 1s hereby adopted to r ead as follows:
SECTION :
5 -7 -1:
5 -7 -2 :
5 -7 -3 :
5 -7 -4 :
5 -7 -5 :
5-7-6 :
5 -7 -7 :
5 -7-8 :
5 -7-9 :
5 -7 -10 :
5 -7 -11 :
5 -7 -12 :
5 -7 -13 :
CHI.PTER 7
CONTRACTOR LICENSING
Ddin;t.,ons
Applic.;,t,ility of Provisions
Authority
License and Certificate of Regi5tration
Required
Licensing Examinations
Conditions of License and Certificate Issuance
Contractor Responsibilities
Clusification of Contractor Licenses
Classification of Certificate:. of Registration
Fee5 for Licen5e5 & Certificates of
Registration
License & Certificate Susvension or
Revocation
Prohibited Acts
Penalties
5 -7 -1 :
COt-!TR ACTOR
5-7-2 :
DEFINITIONS
An y person, firm, partnership, corporation ,
a ss oc iation or or e,csnization, or any combination
thereof, who undertakes for himsl?lf, or with or
for another, to build, construct, alter , repair,
add to, wreck or move any building or structure,
or any portion thereof, or do any work or
supervise any work for which a license is required
under the provisions of this chapter for a fixed
sum, price, fee percentage, trode in kind, or
other compensation including the cost of the
mater ial , or labor or any combination thereof .
APPLICABILITY OF PROVISIONS
The provi sions of this Chopter shall apply to all contractors, as
defmed m Section 5-7-1, with the following exceptions :
A Any homeowner des1nng lo bu ild, construc t, alter, repair,
add to or de molish a Group R-3 or Group M occupancy or any
a cce ssory building thereto, which he owns, and who is doing such
v:ork himself .
B Any pubhc utility company engaged in the m~te,llation,
operation and maintenance of equipment used for the production,
generation or distribution of a utility product or service, when
such installation, operation and maintenance is performed on
facilities owned and operated by the utility company . (This
exemption shall not apply to buildings owned or used by a public
utility tompany .)
2
!i -7 -3 : AUTHORITY
/·. GD~ERAL This Chapt e r provides for the li ce n sing !ind
1 c,1.,1rat1on of contra ctors as defined and stipulated herein
B L)l_[]~SES The Division of Building and Safely 1s vested with
the authority to :?stablish licensing procedures, to qualify appl icants
for licenses , to estab!ish and administer examinations f('r license
applicants, to author ize the issuance and ren~wal of licenses and to
recommend suspension or revocation ol liccm~es . The City License
Officer 1s vested with the authority to issue and to renew lir.enses
pursuant to said authorization and to suspend or revoke licenses .
C REGISTRATION OF ELECTRICAL, PLUMBING AND
PLUMBING/MECHANICAL CONTRACTORS . The Division of Building
and Safety is vested with the authority to establish registration
procedures for electrical, plumbing and plumbing/mechanical
cc-ntractors and t o qualify applicants !or certificates o! registration .
The Code Adm1m strator is vested with the 1au t hority to issue and
10 renew ce1"t1hcat es of registration and to suspend or revoke
cHtll1 ca 1es of reg1strat1on
D STOP WOP.I: OR DER . Any authorizC'd a sent of the Division
ol Butldin~ and Safety may iss ue a Stop Work Order to any
c ontra ctor or workman when he finds it necessary to enforce the
prov 1s1on s of this Chapter . Commencement of work , alter a Stop
Wor k Order has bee?n iss ued, shall not take place until all proper
licenses or certificates o! registration have been issued to the
contractor or contractors involved .
I
5 -7-4 : LICENSE AND CERTIFICATE OF REGISTRATION
REQUIRED
A SCOPE A hcense or certificate of registration is authority
granted to the contractor to whom it is issued to perform work
authorized under the applicable provisions of the Englewood
Municipal Code . Licens~s or certificates of registration are not
tr a nsferable .
B REQUIRED . Licenses or certifir.ates of registrati:m sh111l be
r equired for the types of work described in this Chapter .
C. APPLICATION . i::very applicant for a license or certificate of
r egistration shall fill out the appropriate application form which the
Division of Building and Safety has provided for that purpose .
Additional information in excess of that requested on any
application form may be required by the Chief Building Inspector
or his designee for purposes of verifying the qualifications of any
apphcant .
D PROOF OF STATE LICENSE REQUIRED . Every applicant for an
ele ctri cal, plumbing or plumbing/mechanical contractor certificate
of reg1 strnt1on shall be required to submit with thE' application
proof of a valid and current master 's license issued by the State of
Colorado for the licen see or employ1?e named on the appli ca t ion
fo r m
4
5 -7 -5 : LICENSE EXAMINATIONS
A Any person subm1ttmi an application for a Class A, Cless B,
Cla ~s C or Class D contractor's license shall be required to
sa t1 sfactorily complete a qualifyinB examination administered by
the Division of Building and Safety when the Chief Buildm&
lmpector determines that any of the following conditions exist :
1 . lnform11tion provided by the applicant does not allow
the Chief Building Inspector to determine if the
applicant is qualified for the class of license applied
for
2 . Information provided by the applicant indicates he is
unqualified for the class of license applied for .
3 More than twelve months have elapsed since the
expiration of t he applicant's last valid City contractor's
license .
4 The applicant has had his City license suspended or
revoked during the previous tv.'elve months .
5 The applicant has been in vidation of any of the
provi sions of Section 5-7·-11B o: this Chapter during the
previous twelve months .
B Any apphccint who is der.1 ed a lic eme based on the Chief
Building Inspector's determination that he is unqualified for the
particular licen se applied for, may qualify for su·~h license by
sat isfactorily completing the appropri11te contr11ctor license
exammat1on .
C. Failure to satisfactorily complete any contractor licensing
examination shall be grounds for the Chief Building Inspector to
deny issuance of the license applied for . Re-examin11tions shall be
administered no sooner than two weeks from the daH of
. ., unsatisfactory completion of any examination .
D The fee for 1111 contractor lice11sing examinatic,>ns (including
re-examinatiom) shall be thirty dollars ($30 . 00) to cover the cost
of materials and clencal duties 11ssociated with administering such
examinations .
E The standard method of conducting contractor licensing
examinations shall be determined by official Di ·1ision policy . Such
policv shall be posted conspicuously for viewing and perusal in
public office are11s of the D1vis1on of Building and Safety .
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5 -7 -6: CONDITIONS OF LICENSE AND CERTIFICATE
ISSUANCE
A LICENSE, CERTIFICATE OF REG I ST RA TJON , ISSUED Upon the
endorsement of the Chief E.Ji!ding inspector, after a determination
from the information and references provided, that the applicant
do es not have a required State licens11 under revocation and is
qualified for th11 type of license or certificate of registration sought,
or upon satisfactory completion of an appropriate contractor
lic ensing eY.amination, a license or certificat~ of registration may
be issued by the City License Officer.
B LICENSE, CERTIFICATE OF REGISTRATION DENIED; APPEAL .
In the 12vent that an application for a license or certificate of
registration is denied, the applicant may request a review of the
application by the Board of Adjustment and Appeals . A fee of
twenty dollars ($20 .00) shall accompany the appeal request,
which amount shall be returned to the applicant in the event the
Board orders issuance of the license.
C LICENSE, CERTIFICATE OF REGISTRATION RENEWAL AND
EXPIRATION , All licenses and certificates of registration, eY.cept
thos e which are revoked or suspended , may be renewed within the
twelve month period after the date of expiration upon proper ,
qualified 1:ipplication and payment of the required license or
registration fee . Licenses and certificates of registration shall
expire one year from the date of issuance.
D. WORK DONE WITHOUT LICENSE OR Ci=:RTIFICATE OF
REGISTRATION; PENALTY Starting worl· on any project before
the required license or certificate of regi~tration has been secured
will result in a fifty percent (50%) increase of the license or
registration fee being levied against the contractor involved . In
the event that the contractor cannot qualify for the required
iicer:se or certificate of registration for the work which has been
start?d, such contractor shall be denied any licensing or
reg:,tration privileges in the City for a period of twelve months
e:nd shall forfeit his right to complete any work already contracted
fer within the City, for which he is not qualifed or licensed to
p,,rform
6
E LICEN SE OR CERTIFICATE OF REGISTRATION CHANGES .
1 CHANGE OF NA; · ~ A hc emee or registrant shall
provide written n otification to the D1v1 si on personally,
or by mail , of any change of name or address within
fifteen (15) days after making the change . In the case
of notification by mail, notification shall be complete
upon receipt . A new license or certificate of
registration shall not be required for the change .
2 . NEW LICENSES OR CERTIFICATES OF REGISTRATION
REQUIRED . The creation of a new corporation,
partnership or other legal entity even though one or
more members, officers or director& have a license or
certificate of registration shall require that a new
license or certificate of registration be obtained within
thirty (30) days alter the change is made .
3 . DISSOLUTION The dissolution of a corporation,
partnership or other legal entity which has been
licensed or registered terminates the license or
certificate of reg1strat1on and no puson may op erate
under that lic e nse or certificate of regi stration .
'I . NONTRANSFERABILITY OF LICENSE OR CERTIFICATE OF
REGISTRATION A hceme held by one person shall not
be transferable to another person .
7
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5-7-7 : CONTRACTOR RESPONSIBILITIES
A Each contr11ctor shall be responsible for performing all work
m a ccordance ·, ·ith the provisions of this Chapter and for
compliance W I' 1 ;be following directives :
1 .
2
3 .
'l .
5 .
6 .
7 .
8 .
9 .
10 .
11 .
To report in writing to the Division within three (3)
working days any accident occurring in any
construction, demolition or undertaking which has
resulted in lost time injury or death to any person or
damage to any building, structure or utility .
To provide minimum safety measures and equipment to
protect workmen and th, ,ublic,
To have in their possession, at all times, the license
do cument or certificate of registration for the work
they are performing .
To present the license document or certificate of
registration when requested by an agen•. of the Division
of Building and Safety .
To obtain permits when required by this Code.
To obtain inspection services when required by this
Code .
To pay any fees assessed under the authority of this
Chapter .
To obey any order or notice issued under the authority
of this Chapter .
To comply with all other applicable provisions of the
Englewood Municipal Code and any secondary regulations
adopted therein .
To complete all work authorized by the issuance of a
City permit .
To perform all work in a manner consistent with
standard accepted building practices .
8
5-7-8 : CLASSIFICATION OF CONTRACTOR LICENSES
There are hereby established the following contractor licens~
classiftcations w,th resp_ective descriptions of the types of work
authorized to be performed :
A CLASS A . UNLIMITED GENERAL CONTRACTOR Thi~ license
shall entitle the holder to contract for the erection,
construction, alteration or repairing of any type of building
or structure .
B . CLASS B LIMITED GENERAL CONTRACTOR . This license
shall entitle the holder to contract for the erection,
construction, alteration or repairing of any type building or
structure not of Type I or Type 11 construction, and for the
non-structural interior finish or remodel of any type of
building .
C CLASS C JOBBER CONTRACTOR . This license shall entitle
the holder to contract for the erection, construction ,
altuation or repairing of any building classified as a Group
R-3 or Group M occupancy and for the non-structural
interior finish or remodel of any type of building .
D. CLASS D CONTRACTOR This license shall entitle the
holder to engage in con tr acting for labor, or for labor and
material, involving one trade, or group of related trades, as
enumerated below :
D-1 . L6thmg, p/6stering 6nd dry W6II Installation of all
lathing, plastering and drywall including the installation of
nonbearing partitions and stucco .
D-2. Roofing 6nd siding. Installation of roof coverings
including valleys, gutters and downspouts and installation of
wood, metal, vinyl or other siding .
D-3. W6terproolmg . Installation of waterproofing . and
dampproofmg for foundations .
D-4. M6sonry Placement and forming of all types of
masonry .
9
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fl-5 . Da:lJvlJ!ors, ClJJsson dnlkrs lJnd drlJm llJyers .
Ex c avate lor loundat1ons, drill foundation caissons and
o :c avate trenche s lor, and lay, drtim piping .
D-6 . Concrete . Forming and pouring lor concrete
buildings and structures including footings, foundations and
llatwork .
D-7. S\vimm1ng pools. Installation of swimming pools,
with the exception of utilities .
D-8. Fire protection systems. Installation and repair of
fire extinguishing and protection systems of all types .
D-9. Insulation . lnstallation of all types of building
insulation .
D-10 Fences . lnslallat10·. ,,, all types ol fences except
masonry
D-11 . A1obJ/e homes Installation ol mobile homes including
leveling, blocking, skirting, gas, water and sewage
connections and permitted accessory items .
fl-1.? Lt1wn Spnnkler. Installation of lawn sprinkler
systems .
D-13. Pt1tios cov<:rs, decks, carports, s1d1ng t1nd awnings.
Installation, repair and maintenance of patios covers, decks,
carports, siding and awnings.
D-14. Glt1ss and glazing.
D-15. Wood frt1m1ng . The fabrication and erection of wood
framing for all types of buildings or structures .
D-16. Structural steel t1nd mett1I. The fabrication a1c ,i
erection of structural steel and metal for all types of
buildings or structures .
10
E CL ASS E . SPECIAL CONTRACTOR This licem<' shall entitle
the holder to contract for one particular class of specialty
work including, but not limited to, the types of work
enu merated below ·
£-1 . HVAC Contr11ctor . The installation, all eration,
addition to or repairing of warm air heating, ventilation,
evaporative and refrigeration cooling, hot water heating
(includ ing water heaters), solar heating, natu1 11 gas piping,
wood burning stove, prefabricated fireplace and exhaust
systems and related appurtenances .
£-2 Sign Contr.Jctor. The fabrication, installation,
erection, repair or maintenance of all types of signs .
£-3 £/ev11tor Contr11ctor . Th~· installation, alteration,
repair and ma intenance of elevators, escalators, moving
walks and other similar equipment .
£-4 . Spec14/ Contractor This liceme shall entitle the
hol der to contract for any trades not specifically classified
elsewhere m th11 Chapter but which involve work specifically
associated with the construction industry (i.e . -satellite dish
installation, installation of underground flammable hquid
storage tanks, etc ) .
11
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CLASS f STRUCTURE MOVER AND DEMOLITION CONTRACTOR .
F-1 Structure m over This license shall entitle the
h ol d e r to engage in the movement or transportation of
h ouses, buildings, structures, or any portions thereof, within
or through the City A structure mover shall provide proof,
with his license application , that he has obtained the
following minimum insurance coverages in regard to his trade
as a structure mover ·
Death or injury to any one penon --$100,000 .00
Total liability in any accident ------$300, 000 . 00
Property damage --------------$50, 000 . 00
Umbrella policy (over 3 storiES) --·$1 ,000,000 .00
The insurance shall cover the liability of the licensee with
respect to all work performed by him, and any vehicles used
by him, or his agents, subcontractors or employees, and
shall hold the City harmless from any liability arising out of
the work authorized by the permit .
F-2 D,"!no/Jlion contract.,r. 0Th1s license shall entitle the
holder to engage in the work of razing, demolishing or
de s troying buildings and structures cl all types . Any
demolition contractor shall provide proof, with his license
application, that he has obtained the following minimum
insurance coverages m regard to his trade as a demolition
contractor :
Death or injury to any one person ---$50, 000 . Ci ~
Total liability in any one accident ---$300, 000 , 00
Property dama~e --------------$50, 000 . 00
The insurance shall cover the liability ol the licensve with
respect to all work performed by him, and any "ehicles used
by rum, or his agents, subcontractors or employees, and
shall hOld the City harmless from any liability arising out ol
the work authorized by the permit .
12
5 -7-9: CLASSIFICATION OF CERTIFICATES OF
REGISTRATION
There are hereby e~tabhshed the following contractor certificates of
reg1strat1on with re~pective descnptiom of the types of work
authorized to be performed
A ELECTRICAL CONTRACTOR . The installation, alteration,
repair, renovation, or maintenance of electrical wiring,
appliances and apparatus for the purpose of electrical light,
heat, power or signal systems or other similar purposes
within or affixed to any building or structure
!3 . PLUMBlllJG CONTRACTOR . The installation, alteration,
repair, renovation, or maintenance of all plumbing fixtures,
potable water distribution systems, sewer systems, natural
gas piping, automatic water heaters and solar heating
equipment within or affixed to any building or structure .
C PLUMBING/MECHANICAL CONTRACTOR . The installation,
alteration, repair, renovation, or maintenance of all
plumbing fixtures, potable water distribution systems, sewer
systems, natural gas piping, automatic water heaters, solar
heating equipment, warm air heating systems, ventilation
systems, evaporative and refrigeration cooling systems, hot
watrr heating systems, exhaust systems and related
appurtenances within or affixed to any building or structure .
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5 -7 -10 : FEES FOR LICENSES & CERTIFICATES Of
REGISTRATION
A LI CENSE FEES
CLASS A ----------$200 00
CLASS B ----------$125.00
CLASS C -----------$75 . 00
CLA SS D -----------$50 .00
CL ASS E -----------$50 .G0
CL ASS F -----------$50 00 •
•No li ce n se fee shall be required of an owner of a single
fam il y dw elhn& dome dem ohllon work on h is own
promis es or of anyone performing demolition work
purouant to an order !<Sued by the City of Englewood .
B CERTIFICATE OF REGISTRATION FEES .
ELECTRICAL ----------$50 00
PLUMBING -----------$50 00
PL UMBll~G/MECHANICAL $75 00
14
b -7 -11: LICENSE & CERTIFICATE SUSPENSION on
REVOCATION
A DEFIJ ,JITIOl,J S
1 . Suspension Su spe nsion shall mean that \h e authority
to perform work authorized by any legally issued City
contractor license or certificate of registration is
temporarily withdrawn !or a period of time not to
ex ceed six (6) months .
2 . Revocation Revocation shall mean that any legally
is s ued City contractor license or certificate of
registration shall become null and void . The affected
licensee or registrant may not apply for a new license
or certificate sooner than one year from the date of
revocation . Revocation action may remain in effect as
long as any violation of this Code remains unabated .
B . AUTHORITY The Chief Building Inspector shall, upon receipt
of a venhed complaint m writing, or upon personal observation of
any v10lat1 on of the provisions of this Chapter, require any licensee
or r eg istrant t c appear before the License Offi cer for a hearing ,
upon fiv e (:i) days notice m writing to said licensee or registrant
at hi s la st known po st offic e addn?ss . The Lic ense Offi cer shall have
thr p~wer t o suspend or revoke any contractor license or
cert1f1cate of regi stration, if the License Officer shall lmd 1->y a
pr e ponderance of evidence that the licensee or registrant has :
1 Abandoned any contract without legal cause
2 Diverted funds or property received for performance of
a specific con tr a ct and applied such fund for any other
purpose, or failed to use such funds for the
performance of said contract .
3 . Fraudulently departed from or disregarded approved
pl ans and/or specifications during the performance of
11ny construction 11ctivity .
I
4 . Willfully 11nd/or deliber11tely d1sreg11rded 11ny provision of
the Englewr,od Municipal Code or any provision of any
secondary code adopted therein .
5 Misrepr~sented a material fact in order to obtain a I
license , certificate or permit.
f, Engaged in any willful , fraudulent act as a contractor
by which another is inJured
15
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C.
7 u~cd hi s li ce nse or u. ,ificate of r eg 1strat1on to obtain
permits for another .
8 Carelessly or negligently failed to provide reasonable
saf1cty measures for the protection of workmen and the
public
9 . Failed or r efused to obtain a permit for any v10rk prior
to starting a job .
FAULTY CONSTRUCTION CORRECTED . When a license or
certificate of regis•.ration 1s suspended no new permits shall be
issued lo such licensee or registran •: until any faulty construction
ha s bee n corrected in accordance with the provisions of the
Er.6lewood Municipal Code . In the event that any faulty
construction is not corrected wilhi,: six months of the suspension
the License Officer shall have the authority to revoke the license or
certificate ol registration in question .
D EMERGENCY SUSPENSION . The Chief Building Inspector may
rnake an emergency suspension of any license or certificate of
r eg1 strat1on should the actions of the contractor 1rvolved pose an
1mmed1ate, serious and imminent threat to the health, ~aicty and
welfare ol the r esi dents ol the City . Such emergency suspension
sha ll n ot continue longer than ten (10) days witl,cut a heari ni
before th e Licens e Officer .
16
5 -7 -12 : PROIIIHITED ACTS
It ! ;1a ll t,e unl aw ful for any per so n, hrm or corporation l o engage
in business as a contractor within the City of Englewo od without
1 avin& hrst obtained an appropnate license or certihca\e of
t eg1st rat1on
5 -7 -13 : PENALTIES
A Any person who shall violate any of the provisions of this
:napt e r or who shall violate or fail lo comply with any order
made the reunder, and from which no appeal has been taken; or
who shall fail to comply with such an order as affirmed or
modified by the License Officer, or by a court of competent
Junsd1ction, within the lime fixed therein, shall be considered to
ho ve violated this Code and shall be subject to thos~ pcnolt1es
presc ribed in Section 1-4-1 of the Englewood Municipal Code . The
1mpos1tion of one (1) penally for any violation shall not excuse the
v1 olatlon nor permit 1t to continue, and all such persons shall be
r equired to correct or r e medy such v1olat1on within a rea $om,bl e
umr
B The suspension or revocation of any license or certificate of
reg1strat1on or other pnv1leges conferred by the City shall not be
regarded as a penaity for the purpose~ of enforcement of this Code .
17
Intrcx.Joc ed , read in full, and passe:I on f it sl reading on the
l rd da y o[ Ma r c h, 1~86 ,
PUb l i s hed as ~ B, l l for .. m Ordina nce on t he 5t h day of
K11 c h, 1986 .
f<ead by t i t l e ,md passed on f ina l read i ncJ on the 17th da y o[
M.Jr c h, 1986 .
Publi s hed by title as Ordina nce No, Li_, Se ri e s of 1986, on
the 19th d a y o [ March, 1986 ,
I, Gary R, ltiy bee, ex officio City Cle rk-Treds urer of the
City of Englewcxxl, Col o rado, here by certify that the above and
fore.Joing i s a true a nd canplete copy of the Ordinance passed on
fina l r ead ing a nd published by title as Or d inance No. / 7 , Serie s
of 1986 . ---r
I ___:_ ~ r!-Jd.c{/;--~
~. Gar~,/4 H1g e