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Chapter 14

Chapter 14.10

LICENSING PROVISIONS

Sections:
      14.10.010   Licenses required.
      14.10.020   Application information.
      14.10.030   License fee
      14.10.040   Licenses required-Exception.
      14.10.050   Classification of license.
      14.10.060   License classifications, fees, and insurance schedule as listed on application form.
      14.10.070   License classification descriptions.
      14.10.080   License fee refund.
      14.10.090   Upgrading of license.
      14.10.100   Validity of license.
      14.10.110   License approval.
      14.10.120   Licensee responsibility-General.
      14.10.130   Suspension.

14.10.010      Licenses required.
No person, firm, or corporation shall perform any work or service, nor shall any person, firm, or corporation contract with any other person, firm, or corporation or with any governmental entity to perform any work or service for compensation, in or in connection with the erection, construction, enlargement, alteration, repair, moving, improvement, removal, conversion, or demolition of any building or structure in this city or in connection with causing the same to be done, where the work done or to be done or caused to be done requires a permit or is regulated by the building code and falls within the classifications and categories set forth in this section, nor shall any permit be issued to any such person, firm, or corporation, unless such person, firm, or corporation shall have first obtained and paid the required license fee for, and shall keep and maintain in full force and effect by the payment of annual fees, a valid license authorizing such person, firm, or corporation to conduct work or perform services within the categories set forth in this chapter. The licensee is totally responsible for fulfilling the terms of the permit issued, particularly with reference to meeting all minimum code requirements. The Director may issue one building permit to an applicant for a license before the license is issued, providing the Director has approved the license application and all moneys have been paid. (Ord. O-86-7 § 1, 1986; Ord. O-81-106 § 1, 1981).

14.10.020      Application information.
Applications for such licenses shall be on such forms and shall contain such information as may be required by the Director, and applicants may at any time or from time to time be required to furnish additional information with respect to their qualifications and financial status or other matters relating to or affecting their licenses as may be deemed necessary or desirable by the Director or the Board of Appeals. Failure to furnish such information within sixty days or to furnish supplemental information as may be required by the Director or the Board of Appeals shall be grounds for denial of license or revocation of license. (Ord. O-86-7 § 1, 1986; Ord. O-81-106 § 1, 1981).

14.10.030      License fee.
Persons, firms, or corporations required to be licensed shall pay the annual license fee as adopted by City Council resolution to the city and shall complete the license application form provided by the city for such purpose. Licenses shall be issued for a period of one year from date of issue, and shall by their own terms expire at the end of such year. Annual renewal shall be the responsibility of the contractor. (Ord. O-2006-17 § 8, 2006; Ord. O-86-7 § 1, 1986; Ord. O-81-106 § 1, 1981).

14.10.040      Licenses required-Exception.
A. Licenses shall be required for all types of work hereinafter specified and classified. B. Exception. Upon evidence satisfactory to the Building Official that the applicant is competent to perform as a contractor in the categories in which the work falls, the requirement for a license may be waived for the following:
1. Public utility and communication companies and water and sanitation districts and mutual companies when engaged in the installation, operation, and maintenance of equipment which will be used for the production, generation, or distribution of the utility, product or service from their source through the facilities owned or operated by utility companies to the point of the customer service, but not their buildings;
2. An owner acting as a contractor when engaged in the construction of a new R-3 single-family detached, or U occupancy for his or her personal use. Plumbing, mechanical and electrical work must be performed by licensed contractors. There shall be no limit on the number of permits issued for one address. In order to qualify for the exception in this subsection, such owner shall be limited to the construction of no more than one new building of R-3 single-family or M occupancy in thirty-six months;
3. An owner acting as a contractor when engaged in the alteration and/or addition(s) to owner occupied R-3 detached or U occupancies. Owners may also obtain plumbing, mechanical and electrical permits for alterations and additions when approved by the building official and subject to the successful completion of a written examination demonstrating competency in the subject areas;
4. An owner of commercial and/or industrial property may perform nonstructural remodeling. A commercial tenant may also perform nonstructural work within their leased space with written permission presented to the City from the owner. All such work must be nonstructural except for openings, not to exceed four feet. Work performed in this category may not exceed more than thirty percent of the value of the structure. There shall be no limit to the number of permits issued to the owner per one address per year. Electrical, plumbing, and mechanical work is excluded from this exception. The owner can do the following categories of work when the following requirements have been met:
a. Plumbing work when the owner(s) or a person directly on his/their payroll has a valid state master plumber's license,
b. Electrical work when the owner(s) or a person directly on his/her payroll has a valid state master electrician's license,
c. Mechanical work when satisfactory evidence of the competence of the owner(s) or person(s) directly on his/their payroll is submitted to the Building Official.
NOTE: Although the requirements for a license may be waived, such waiver shall not apply to permits. (Ord. O-2006-17 § 9, 2006; Ord. O-86-7 § 1, 1986; Ord. O-81-106 § 1, 1981).

14.10.050      Classification of license.
There shall be various classes of licenses and the holder of each license shall be authorized to perform within the classification as outlined in Section 14.10.070. Fees and insurance schedules will vary with the class of license held by the licensee. The table in Section 14.10.060 outlines, with respect to the various types of licenses, the fees applicable. (Ord. O-86-7 § 1, 1986; Ord. O-81-106 § 1, 1981).

14.10.060   License fees.
License fees shall be as adopted by City Council resolution. (Ord. O-2006-17 § 10, 2006; Ord. O-91-59 § 20, 1991; Ord. O-86-7 § 1, 1986; Ord. O-83-82 § 1, 1983; Ord. O-81-106 § 1, 1981).

14.10.070      License classification descriptions.
A. Structural.
1. Unlimited Commercial. New which includes remodel. May take permits and contract for any type or size of structure, including demolition of any structure. Contractors within this category may operate within all categories subordinate to this category. He may operate within Class D Municipal, subject to restrictions therein and provided the work is performed by competent personnel directly on his payroll and provided the licensee applied for and received approval to extend his classification to include each or any of the above.
2.  Limited Commercial. New which includes remodel. May take permits and contract for occupancies in Type III, IV, or V limited to two stories, including demolition of these structures. All R-3 and R-1 occupancies shall be limited to a maximum of three stories. Contractors within this category may operate within all categories subordinate to this category, and may operate with Class D Municipal, subject to restrictions therein and provided the work is performed by competent personnel directly on his payroll and provided the licensee applied for and received approval to extend his classification to include each or any of the above
3. Residential. New which includes remodel. May take permits and contract for any Type III, IV or V structure of Group R-3 or M occupancy, which may include minor demolition in connection with permitted construction. He may also operate within Class D Municipal when such work is in connection with his permitted construction.
4. Commercial/Residential Remodel. May take permits and contract for any nonbearing improvements, remodels and repairs, of Group R-3 or M occupancies and commercial or industrial properties. Work performed may not exceed more than thirty percent of the original structure. He may also contract for construction of garages, room additions, patios, carports and sheds.
5.  Special. May take permits and contract for work in one or more of the categories below when such categories are designated on the approved license:
a.  Concrete (includes retaining walls not in the public right-of-way);
b. Demolition (demolish, move or salvage and structure);
c.  Drywall-lath plaster;
d. Elevator (electrical work must be performed by a Colorado state-licensed electrician in the employ of this contractor or by a registered electrical contractor);
e. Excavating and grading;
f. Fence;
g. Masonry and fireplace (fireplace may be masonry or mechanical);
h. Roofing and waterproofing;
i.  Siding;
j.  Sign;
k. Steel-iron-sheet metal;
l.  Swimming pool;
m. Framing
n. Low Voltage
o. Miscellaneous
The above listed special categories of work may be performed on both residential and commercial properties. Class 5 contractor may perform work not specifically stated on the license that is directly related to or in connection with the designated category or categories for which the license was issued. Except for the simple connection of a sign or small appliance to a prepared electrical source, all electrical work must be performed by either a Colorado state-licensed electrician in the employ of the licensee and/or a city-registered electrical contractor. Direct connections to the plumbing systems and/or potable water supply must be made by either a Colorado state-licensed master plumber in the employ of the licensee, or by a city-licensed plumbing contractor. Class III special licenses may operate as a subcontractor in the type of work for which their license was approved.
B. Plumbing. May perform all plumbing work. In addition, a Class B plumbing contractor may perform work in the Class C mechanical category and may do work in the public right-of-way provided that he is able to comply with requirements set out in subsection (D)(1) of this section. He may be required to fulfill additional conditions as specified by the Engineering Division of the Department of Public Works of the city.
C. Mechanical. May perform all mechanical work. May not perform work in the Class B plumbing category.
D. Municipal. May take permits and contract for work in the public right-of-way or on private property. This work includes installation of sewer, water, storm drains and service lines and includes excavation and backfilling of trenches or installation of asphalt or concrete paving, curbs, gutters and sidewalks. A Class D municipal contractor will be required to fulfill additional requirements as specified by the Engineering Division of the Department of Public Works of the city. 1. Bond for Municipal Contractors. In addition to other insurance requirements, the issuance of permits to work in the public right-of-way is subject to bond requirements as established by city ordinances covering such work. (Ord. O-2006-17 § 11, 2006; Ord. O-91-59 § 7 (part), 1991; Ord. O-86-7 § 1, 1986; Ord. O-83-82 § 1, 1983; Ord. O-81-106 § 1, 1981).

14.10.080      License fee refund.
In the event of a request for refund of license fees, twenty-five percent of the fee shall be retained by the city to cover the costs of processing the application for license. No refund shall be permitted subsequent to the issuance of any permits to the licensee. (Ord. O-86-7 § 1, 1986; Ord. O-81-106 § 1, 1981).

14.10.090      Upgrading of license.
Licensees wishing to upgrade their license to a higher classification must submit a new application and any other information deemed necessary by the Building Official. Such new license, if approved, will then be in force for a period of one year from date of issue. No credit shall accrue toward the new classification fee for the unused term of the original license. (Ord. O-86-7 § 1, 1986; Ord. O-81-106 § 1, 1981).

14.10.100      Validity of license.
Licenses are valid only when the information contained on the application including name, business designation, and address is correct and current and any change is reported within thirty days after making the change or prior to making an application for a building permit.
A. Incorporation or change in incorporation creating a new legal entity shall require a new license for such entity even though one or more stockholders or directors have a license.
B. The organization of a partnership or the change in a partnership creating a new legal entity shall require a new license, even though one or more of the partners are licensed.
C.  The dissolution of a corporation or partnership which has been licensed terminates the license and no individual or firm may operate under such license.
D. Licenses are not transferable.
E. The regulations contained herein shall also apply to sole proprietorships. (Ord. O-86-7 § 1, 1986; Ord. O-81-106 § 1, 1981).

14.10.110      License approval.
The Building Official shall review all contractor license applications. The Building Official has the authority to make the following decisions: approval, approval with restriction, approval with probation, and denial.
A.  All decisions of the Building Official are subject to review by the Board of Appeals.
B.  If the license is granted on a restricted or probationary basis, the applicant will be advised as to the limits or restrictions of the license during the period of probation.
C.  The Building Official may at any time during the probationary period request the applicant to appear before him for further review. The Building Official may at any time review the applicant's compliance with the Building Code of the city. At the end of the probationary period, the Building Official will decide whether or not the applicant has satisfactorily met the criteria of the probation and therefore is eligible for unrestricted license.
D.  If the license is granted on a probationary or restricted basis, or is denied by the Building Official, the applicant may appeal to the Board of Appeals within thirty days of said decision of the Building Official or he may reapply, but no sooner than ninety days from such decision. After two denials, no further application will be accepted for consideration by the Building Official within a year of the second denial. (Ord. O-86-7 § 1, 1986; Ord. O-81-106 § 1, 1981).

14.10.120      Licensee responsibility-General.
All licensees shall be responsible for work requiring a permit under the provision of the Building Code and for the items as herein listed in this section:
To provide minimum required safety measures and equipment to protect workmen and the public as prescribed by the Building Code and other applicable local, state and federal regulations;
To present his license card when requested by the Building Official or his authorized representative;
C.  To employ a qualified supervisor. To provide the name of such supervisor on the permit inspection card;
D.  To obtain a permit when required; E.  To construct, without substantial departure from or disregard of the drawings and specifications on file with the city and approved by the Building Official and permit issued for the same unless such changes are approved by the Building Official;
 To complete all work authorized on the permit issued under the authority of the Building Code unless good cause is shown for noncompletion;
G.  To obtain inspection services when required by the Building Code;
H.  To pay any fee assessed under authority of the Building Code;
I.  To comply with any order issued under authority of the Building Code. (Ord. O-86-7 § 1, 1986; Ord. O-81-106 § 1, 1981).

14.10.130      Suspension or revocation of licenses.
A.  Authority. The Building Official may suspend or revoke a license when the licensee (including partners of a partnership, members of a firm or joint venture, or officers, directors or holders of ten percent or more of the stock of a corporate licensee) commits one or more of the following acts or omissions:
1.  Failure to comply with any of the licensee's responsibilities as outlined in this Title 14;
2.  Knowingly combining or conspiring with any other person, firm or corporation to permit or allow the licensee's license to be used by such persons, firms or corporations;
3.  By acting as agent, partner, associate or in any other capacity with persons, firms or corporations to evade any provision of the Building Code;
4.  Violation of the provisions of the Building Code;
5.  Any conduct or activity made unlawful by the laws of the United States, the State of Colorado, or the ordinances of the city having any bearing upon, or relation to, the work or services performed under the license or the conviction of or a plead of “nolo contendere” to any felony or offense involving moral turpitude, providing the provisions of C.R.S. 1973, Section 24-5-101 shall be applicable with respect to consideration of felony matters;
6.  Any conduct constituting fraud or misrepresentation in or connected with any activity or activities relating to building or which are licensed or governed by this code;
7.  Failure to keep and maintain necessary insurance, workmen's compensation or necessary state licenses.
B.  Procedure. When any of the acts or omissions as herein enumerated are committed by a licensee and the Building
1.  The licensee shall be notified, in writing, by certified mail, mailed to the licensee's address of record with the Building Official, at least seven days prior to suspension or revocation.
2.  Upon receipt of the notice, the licensee may request a hearing. Such request shall be in writing to the Building Official within ten days of mailing of the notice. A request for a hearing shall not stay any suspension or revocation imposed.
3.  If a hearing is requested by the licensee in writing, within the time limits above, the Building Official shall set a time, date and place and so notify the licensee.
4.  When a hearing is conducted, the licensee and other interested parties may be in attendance. Upon completion of the hearing, the Building Official may take all evidence admitted under advisement and shall notify the licensee of his findings and ruling in writing by certified mail.
5.  If the decision rendered by the Building Official is adverse to the licensee, the licensee may appeal to the Board of Appeals as an “aggrieved” person and shall file an application for review by the Board of Appeals within thirty days after mailing of notice of the ruling of the Building Official. Appeals shall be in accordance with provisions of Chapter 14.12. 6.  Should the Board of Appeals be called upon to review a decision of the Building Official, it shall conduct a hearing and set forth its findings and decisions in writing. Decision of the Board shall be made after notice and a hearing at which any party or applicant shall be entitled to appear and present evidence and be represented by counsel. Review from a decision of the Board of Appeals shall be as provided for in Rule 106 of the Colorado Rules of Civil Procedure, and shall be limited to the causes therein specified. Such appeal shall not delay the suspension or revocation. A record of the hearings before the Board shall be kept, whether by electronic transcription, secretarial minutes or otherwise, and such records shall be kept in the custody of the Building Official and shall be made available for transcription as may be required. Both the aggrieved party and the city shall be considered parties to every proceeding of this type before the Board of Appeals and the appeal procedures referred to above are available to the aggrieved party and the city.
7. Emergency Suspension. If the Building Official finds that an emergency exists which is cause for suspension or revocation of a license he may enter an order for immediate suspension of such license, pending further investigation and proceedings for suspension or revocation as herein provided. The licensee may, upon notice of such suspension, request an immediate hearing before the Building Official. (Ord. O-94-40 § 1, 2, 1994; Ord. O-86-7 § 1, 1986; Ord. O-81-106 § 1, 1981).


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