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HomeMy WebLinkAboutOrdinance 1809 - Building Contractor Licenses1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE COUNCIL BILL NO. 24 ORDINANCE NO. 1809 Series 2024 TITLE: AN ORDINANCE AMENDING CHAPTER 5 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGISTRATION AND LICENSING OF BUILDING CONTRACTORS WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, in the exercise of this authority the Council has previously adopted regulations and fees for the licensing and registration of contractors within Chapter 5 (Buildings and Building Regulations) within the Municipal Code (“Code”); and WHEREAS, the Council wishes to update and simplify the licensing framework in the Code. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 5-101(c) of the Code is amended as follows to refine the definition of homeowner contractors: Sec. 5-101. Definition. (a) Contractor, generally. In this article "contractor" shall mean any person who undertakes to perform any of the operations controlled by this article for any compensation whatsoever, excepting that a person performing for wages under and for another person appropriately licensed shall not be considered as a contractor. (b) Classification of contractors. Notwithstanding subsection (a) above, any person performing work classified in section 5-117(a) shall be appropriately licensed as a contractor pursuant to this article; provided, however, any person operating as an electrical contractor shall not be required to be licensed but shall be required to be registered pursuant to section 5-116(b). (c) Property owners HOMEOWNER CONTRACTOR. An owner performing work on his THEIR own property, IN WHICH THEY RESIDE AND WILL RESIDE FOR A PERIOD OF ONE YEAR AFTER PROJECT COMPLETION, shall be 2 considered a HOMEOWNER contractor if the work affects the structural sufficiency of a habitable structure, and to that extent, such owner must be licensed as a contractor unless he is working under and for another person appropriately licensed. THE HOMEOWNER CONTRACTOR SHALL ATTEST TO THEIR RESIDENCY TO OBTAIN A PERMIT BUT SHALL NOT BE REQUIRED TO OBTAIN A CONTRACTOR LICENSE. Section 2. Section 5-117 of the Code, regarding building contractor classifications, is amended as follows: Sec. 5-117. Classification. (a) The various classes of licenses issued under this article and the work authorized to be performed by the holder of the license are as follows: (1) UNLIMITED GENERAL CONTRACTOR, CLASS 1 — Building contractor—Class 1. A building contractor, class 1, sShall be authorized to perform the following: unlimited building, altering, adding to the structural portions of any building, structure or portion thereof of any type, including all concrete, structural steel and iron, and the demolition of all or any part of a building or structure on a site on which new construction, remodel, alter or repair of an existing building or structure is proposed. (2) LIMITED GENERAL CONTRACTOR, CLASS 2 — Same—Class 2. A building contractor, class 2, sShall be limited to type 3, 4 or 5 buildings not exceeding three (3) stories and not used for educational, institutional or hazardous occupancies as defined by the building code. (3) Residential building contractor, CLASS 3 — Class 3. A residential building contractor, class III, sShall be limited to one- and two-family dwellings and multiple single-family (townhouse) residential structures not exceeding three (3) stories, and their accessory structures. (4) Building contractor—Class 4. A class 4 contractor license shall be required for all work not otherwise authorized under subsections (1) through (3) and (5) through (15) of this subsection (a). (5) Homeowner building contractor—Class 5. A homeowner building contractor, class 5, shall be authorized to do the following: Construction, alterations or additions including plumbing, electrical and mechanical alterations of a single-family dwelling owned and resided in by that individual for a period of one (1) year after approved final inspection of the work. A city contractor license shall not be required; however, a homeowner building contractor, class 5, shall be required to be registered in the city. (6) Structure moving contractor—Class 6. A structure moving contractor, class 6, shall authorize moving of any and all types of buildings or structures. 3 The requirement for license applies to any person so performing in the city on public rights-of-way regardless of points of beginning and destination of the performance. (See section 5-125 for insurance and bond requirements.) (7) Demolition contractor—Class 7. A demolition contractor, class 7, shall be authorized to perform demolition or wrecking of any building or structure or portion thereof. (84) Plumbing contractor, CLASS 4 — Class 8. A plumbing contractor, class 8, sShall be authorized to do the following: Installation of all sanitary plumbing and potable water supply piping and appliances connected thereto, and including gas piping and the complete installation of water heaters, the installation of piping for transmission of chemicals and gases; the installation and removal of backflow prevention devices; the installation of gas ranges, gas dryers and gas refrigerators, steam and hot water heating system, process and industrial piping and related appurtenances which shall include the piping used for the transmission of chemicals and gases, the installation of burners, piping and controls utilizing gas, pipe insulation and low voltage wiring which does not exceed forty-eight (48) volts and when such wiring is not enclosed in a conduit or raceway. (95) Mechanical contractor, CLASS 5 — Class 9. A mechanical contractor, class 9, sShall be authorized to do the following: Installation of warm air heating, all ductwork, ventilation and evaporative cooling; the installation of gas piping, burners, venting and controls; and exterior sheet metal; duct isolation; installation of refrigeration systems and appurtenant cooling towers; pipe installation; and low voltage wiring which does not exceed forty-eight (48) volts and when such wiring is not enclosed in a conduit or raceway. (106) Electrical contractor, CLASS 6 — Class 10. An electrical contractor, class 10, sShall be authorized to do the following: Installation of electrical systems on residential and commercial properties. Pursuant to section 5-116(b) above, an electrical contractor, class 10 shall not be required to be licensed in the city; however, an electrical contractor, class 10 shall be required to be registered in the city and provide proof of a valid, current State of Colorado master electrician's license pursuant to Article 23, Title 12, C.R.S. upon registration. Exception: Authorized and franchised public utility companies. (7) TESTED SPECIALTY CONTRACTOR, CLASS 7 — SHALL BE AUTHORIZED TO COMPLETE ANY SPECIALTY TRADE NOT LISTED IN THE LICENSE CATEGORIES ABOVE WHICH IS REGULATED BY THE CITY’S ADOPTED BUILDING CODES AND FOR WHICH EXAMINATIONS ARE AVAILABLE AND REQUIRED TO DEMONSTRATE KNOWLEDGE AND CAPABILITY AS DESCRIBED IN SECTION 5-120. THIS INCLUDES, BUT IS NOT LIMITED TO, 4 SPECIALTY TRADES SUCH AS ROOFING, GAS PIPING, FIRE SUPPRESSION, AND LOW VOLTAGE ELECTRICAL. (8) UNTESTED SPECIALTY CONTRACTOR, CLASS 8 — SHALL BE AUTHORIZED TO COMPLETE ANY SPECIALTY TRADE NOT LISTED IN THE LICENSE CATEGORIES ABOVE WHICH IS REGULATED BY THE CITY’S ADOPTED BUILDING CODES AND FOR WHICH EXAMINATIONS ARE NOT REQUIRED TO DEMONSTRATE KNOWLEDGE AND CAPABILITY AS DESCRIBED IN SECTION 5-120. (11) Sign contractor—Class 11. A sign contractor, class 11, shall be authorized to do the following: Installation, replacement or maintenance of all types of signs. (12) Fire protection contractor—Class 12. A fire protection contractor, class 12, shall be authorized to do the following: a. Automatic fire suppression systems of all types. b. Carbon dioxide systems. c. Standpipe systems and appurtenances. (13) Reserved. (14) Roofing contractor—Class 14. A roofing contractor, class 14, shall be authorized to apply roof covering material to all structures. (15) Electrical signal contractor—Class 15. An electrical signal contractor, class 15, shall be authorized to do the following: Installation of fire detection, fire alarm, burglar alarm, pneumatic control and all signaling or control systems where the electrical voltage does not exceed fifty (50) volts. Exception: Authorized and franchised public utility companies. (b) Holders of certain of the licenses set forth in subsection (a) above, may perform as if licensed for certain of the other functions in accordance with the following schedule: Licensed as May perform as Class 1 Class 2, 3, 4 2 OR 3 Class 2 Class 3, 4 . Class 3 . Class 4 . Section 3. Section 5-119 of the Code, regarding qualification, is amended to remove class numbers from the section title, to read as follows: Sec. 5-119. - Building OFFICIAL inspection division to determine qualifications of applicants for class I through class XIV CONTRACTOR licenses. 5 There is hereby vested in the CHIEF BUILDING OFFICIAL building inspection division pursuant to law, the duty of determining the qualifications of applicants for the certain licenses established by this chapter. Section 4. Section 5-120 of the Code, regarding examination procedures, is amended as follows: Sec. 5-120. - Examining procedures for issuance. The chief building official shall establish such reasonable examining procedures for issuance of class I through class XIV CONTRACTOR licenses as shall, from time to time, become necessary. These examining procedures, if used, shall be implemented so as to assure the city that the applicant does indeed have the knowledge and capability to perform work in accordance with the provisions of this Code and shall not deny a license to any person capable and willing to perform in such fashion. EXAMINATION REQUIREMENTS SHALL INCLUDE A CERTIFICATION EXAM RELATED TO THE SPECIFIC LICENSE CLASS AS PUBLISHED BY THE ICC OR STATE OF COLORADO. IF AN EQUIVALENT EXAMINATION IS NOT AVAILABLE, AS IS THE CASE FOR CLASS 8 UNTESTED SPECIALTY CONTRACTORS, THE CHIEF BUILDING OFFICIAL MAY REQUIRE REASONABLE ALTERNATE EVIDENCE OF CAPABILITY SUCH AS NOTARIZED LETTERS FROM PRIOR PROJECT SUPERVISORS DEMONSTRATING EXPERIENCE. Section 5. Section 5-121 of the Code, regarding contractor license fees, is amended as follows: Sec. 5-121. - Fees. The annual license fees for contractors’ licenseS under the provisions of this article shall be paid in accordance with THE CITY'S FEE SCHEDULE, AS ADOPTED AND AMENDED FROM TIME TO TIME BY CITY COUNCIL RESOLUTION. the following table: (1) Building contractor, Class 1—$150.00 (2) Building contractor, Class 2—$125.00 (3) Residential building contractor, Class 3—$100.00 (4) Building contractor, Class 4—$75.00 (5) Homeowner building contractor, Class 5—No fee 6 (6) Structure moving contractor, Class 6—$75.00 (7) Demolition contractor, Class 7—$75.00 (8) Plumbing contractor, Class 8—$100.00 (9) Mechanical contractor, Class 9—$100.00 (10) Electrical contractor, Class 10—No fee (11) Sign contractor, Class 11—$75.00 (12) Fire protection contractor, Class 12—$75.00 (13) Reserved. (14) Roofing contractor, Class 14—$75.00 (15) Electrical signal contractor, Class 15—$75.00 License fees are due with the license application and are nonrefundable. Non issuance of licenses shall not entitle applicant to a refund of fees paid. Section 6. Section 5-124(a) of the Code, regarding the suspension or revocation of a contractor license, is amended as follows: Sec. 5-124. – Suspension or revocation. (a) Authority. The director of community development may suspend or revoke class I through class XIIV CONTRACTOR licenses. License suspension or revocation may occur when the licensee commits one (1) or more of the following acts or omissions: Section 7. Section 5-125 of the Code, regarding the insurance for a licensed contractor, is renamed, amended, and renumbered as follows: Sec. 5-125. – Bond and iInsurance required. (a) Reserved. (ba) Insurance. A certificate liability of insurance from an insurance company licensed to do business in the state shall be filed with the city prior to issuance of any class 1 through 12 CONTRACTOR license. The limits of such coverage shall include workers compensation and employer's liability in the amount of five hundred thousand dollars ($500,000.00) and general liability in 7 the amount of six hundred thousand dollars ($600,000.00) general aggregate and three hundred thousand ($300,000.00) for each occurrence. Section 8. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 9. Effective Date. This Ordinance shall take effect on January 1, 2025. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 25th day of November 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, Public Hearing and consideration on final passage set for December 9, 2024, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0, this 9th day of December 2024. SIGNED by the Mayor on this 11th day of December 2024. _______________________________ Bud Starker, Mayor ATTEST: ____________________________ Margy Greer, Sr. Deputy City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: November 26, 2024 Second Publication: December 10, 2024 Effective Date: January 1, 2025 Published: Jeffco Transcript and www.ci.wheatridge.co.us