Building Contractor Licensing Program Resolution
LARIMER COUNTY CODE
Chapter 10
Article VIII. Building Contractor Licensing Program
Sec. 10-191 Title
Sec. 10-192 Authority
Sec. 10-193 Purpose
Sec. 10-194 Principles of Interpretation
Sec. 10-195 Definitions
Sec. 10-196 Building Contractor Licensing Requirement
Sec. 10-197 Administration of Licensing Requirement
Sec. 10-198 Types of Licenses
Sec. 10-199 Conditions for Issuance of a License
Sec. 10-200 Process for Issuance of License
Sec. 10-201 License Term and Expiration/Reapplication
Sec. 10-202 License Fees
Sec. 10-203 Violations
Sec. 10-204 Enforcement
Sec. 10-205 Appeal from Decisions of the Building Official
Sec. 10-206 Reapplication for Denied or Revoked License
Sec. 10-207 Resolution Adoption and Amendment
Sec. 10-208 Approval and Effective Date
RESOLUTION # __________
ARTICLE VIII
BUILDING CONTRACTORS LICENSING PROGRAM
10-191. Title. This article shall be known and may be cited as the building contractors licensing program resolution for Larimer County, Colorado. (Res. # _______)
A RESOLUTION PURSUANT TO C.R.S. 30-11-125 ESTABLISHING A PROGRAM IN
THE COUNTY BUILDING DEPARTMENT FOR LICENSING BUILDING
CONTRACTORS CONDUCTING BUSINESS IN UNINCORPORATED LARIMER
COUNTY
The Board of County Commissioners of the County of Larimer (BOCC), following a duly-noticed public hearing before the BOCC, hereby approves and adopts a program to be established in the Building Department of Larimer County Planning & Building Services Division, providing for the licensing of building contractors conducting business in unincorporated Larimer County, as set forth in this Resolution, below.
10-192. AUTHORITY. This Resolution is adopted pursuant to authority granted in C.R.S. §30- 11-125, and related provisions of the County Building Codes Act and the County Planning Act (Parts 1 and 2 of Article 28, Title 30, C.R.S.).
10-193. PURPOSE. The purpose of the program adopted in this Resolution is to protect the public health, safety, and welfare of the citizens of unincorporated Larimer County by requiring that building contractors conducting work under County-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, and that they maintain current insurance coverage per Section 10-199 F. 1 & 2.
10-194. PRINCIPLES OF INTERPRETATION. In the case of conflicting or ambiguous provisions in this Resolution, the interpretation taken shall be the more restrictive one, or the one that otherwise best protects the public health and safety in the sound discretion of the Chief Building Official.
10-195. DEFINITIONS. The following definitions shall apply in the interpretation of this Resolution. Words not defined shall be given their ordinary meaning, or their accepted technical meaning as appropriate.
A. BUILDING CONTRACTOR/CONTRACTOR A person who for compensation directs, supervises, or undertakes any work for which a County building permit is required under the County Building Code or the Sign Code Section of the County Land Use Code, with the exception of the following:
1. 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 residential dwelling
on that person's own property no more than once within any twenty four (24) month period.
4. An employee performing repair or maintenance work on their employer's own property.
5. A person required to be licensed by the State of Colorado who is performing work within the scope of their license, such as:
Electricians pursuant to Article 23, Title 12, C.R.S.,
Plumbers pursuant to Article 58, Title 12, C.R.S.,
Elevator and Conveyance Installers pursuant to Article 5.5, Title 9, C.R.S.
Manufactured Home Installers (Resolution #38) pursuant to 24-32-3301 et sec C.R.S.
B. BOARD OF APPEALS (BOA). The advisory and appellate board appointed by the BOCC to hear and decide appeals of orders, decisions or determinations made by the Chief Building Official.
C. CHIEF BUILDING OFFICIAL (CBO). The head of the Larimer County Building Department, who works under the direction of the Director of the Planning and Building Services Division in the County.
D. PERSON. Any individual, corporation, limited liability company, partnership, association, or other legal entity.
E. WORK/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).
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 County building permit.
10-196. BUILDING CONTRACTOR LICENSING REQUIREMENT. Any person who engages in the business of being a building contractor in unincorporated Larimer County must, prior to engaging in such business, obtain and hold a valid license from the Larimer County Building Department as further required in this Resolution.
10-197. ADMINISTRATION OF LICENSING REQUIREMENT. The Chief Building Official shall be the County official responsible for administering the provisions of this Resolution. Appeals of the Chief Building Official's decisions may be made to the BOA as further provided in Section 10-205, below.
10-198. 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 contract for 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 contract for 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 License This license entitles the holder to contract for 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.
F. Mechanical Contractors License This license entitles the holder to perform any work in the heating, ventilation, and air-conditioning fields as permitted 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 trade such as: barns, carports, decks, detached garages, 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, and wood stoves as permitted by the International Building Code or the International Residential Code.
10-199. CONDITIONS FOR ISSUANCE OF A LICENSE. The Chief Building Official shall issue a Builders Contracting License to any person who satisfies all of the following:
A. Submits the required administrative licensing fee .
B. Demonstrates that he or she has a valid and current license issued by another county or municipality in the state of Colorado 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 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
6. Jobbers Contractor No Exam*
7. Special Contractor No Exam*
* 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 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 material and other reliable information known to him whether the contractor is experienced.
C. For persons seeking a Class A, B, or C Contractors License, provides proof of three (3) successfully completed projects or show proof of two years experience in their contractor's field.
D. Demonstrates proof of lawful presence in the United Stated by sworn affidavit stating that the person is a U.S. citizen or legal permanent resident or is otherwise lawfully present in the U.S. pursuant to federal law, accompanied by a valid form of identification (current Colorado Driver's License or Colorado Identification Card issued under Article 2 of Title 42, C.R.S., U.S. Military LD. card, U.S. Coast Guard Merchant Mariner card, Native American Travel Documents, or such other valid form of identification recognized by the current lawful presence rules of the Colorado Department of Revenue).
E. Certifies as part of the license application process that his or her company will employ only building subcontractors and workers who have demonstrated to the company a lawful presence in the United States.
F. Provides proof of current insurance coverage, including:
1. Workers' Compensation Insurance as required by the State of Colorado.
2. General Liability Insurance provided on an ISO 1998 ( or most current) Form or equivalent form with a minimum combined single limit for each occurrence of:
Class “A” Contractor ........................ $1,000,000.00
Class “B” Contractor ........................ $1,000,000.00
Class “C” Contractor ........................ $1,000,000.00
Gas Piping Contractor ....................... $300,000.00
Jobber Contractor .............................. $300,000.00
Mechanical Contractor ......................$300,000.00
Special Contractor. ............................ $300,000.00
Proof of such insurance shall be accompanied by a Certificate of Insurance issued to the County as a Certificate Holder requiring a ten (10) days notice for NON-PAYMENT OF PREMIUM and providing 30 days advance written notice for all other reasons to the Chief Building Official (at Larimer County Building Department, P.O. Box 1190, Larimer, CO. 80522) signed by an authorized agent of the issuing company. In the event the required insurance is revoked, the contractor license is revoked upon such notice.
G. Provides proof of any building contractor licenses held in any other jurisdictions, and a signed statement disclosing any adverse action taken under those licenses.
H. Meets the requirements for processing of licenses in Section 10-200.
10-200. PROCESS FOR ISSUANCE OF LICENSE. The following procedural requirements shall apply to the issuance of licenses under this Resolution:
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. A complete application shall include the required administrative licensing fee and all of the documentation necessary to demonstrate compliance with the conditions for license issuance specified in Section 10-199 above.
C. Within seven (7) business days after a complete application for a license is submitted, the Chief Building Official shall issue a license, a provisional license, or a written statement of license denial. Inadvertent failure of the Chief Building Official to act within seven business days shall not entitle the applicant to engage in building contracting work in the unincorporated County without a license.
1. The Chief Building Official shall issue 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 issue 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, issue a license. The Chief Building Official shall have 45 calendar days after issuance of a provisional license to issue a license or a written statement of license denial. Inadvertent failure of the Chief Building Official to issue 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 County building permit, provided that the Chief Building Official subsequently approves the submitted application and issues a license.
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. A statement of license denial shall specify the reason for denial based on Section 10-199, above.
4. Any issued license or provisional license may contain reasonable terms or conditions which
the Chief Building Official deems necessary to carry out the purposes of this Resolution.
10-201. LICENSE TERM AND EXPIRATION / REAPPLICATION. Licenses shall be effective for twenty-four ( 24 ) calendar months after their date of issuance. Licensees 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 County license who apply for a new license must not have any unresolved building code violations older than 90 days.
10-202. LICENSE FEES. Administrative fees under this Resolution shall be assessed as follows:
A. The Chief Building Official shall impose a reasonable license fee approved at an open meeting by the BOCC. The purpose of the fee is to cover the Chief Building Official's administrative costs associated with processing license applications and issuing licenses under this Resolution.
B. The license fee may be adjusted annually or at such time periods as the Chief Building Official deems appropriate and necessary to reflect the reasonable costs of administering licenses
under this Resolution, provided that such fee adjustments are approved as required in this Section 10-202.
10-203. VIOLATIONS
It shall be a violation of this Resolution for any Building Contractor to:
1. Provide any materially false, misleading, or incomplete information on a license application.
2. Fail to have or maintain adequate insurance as required in this Resolution.
3. Fail to have or maintain a lawful presence in the United States.
4. Fail to obtain a required building or sign permit or to follow any other applicable requirements of the Larimer County Building Code or Sign Code, as amended.
5. 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 County building permit who are required to be licensed under this Resolution.
6. Fail to resolve any outstanding (older than 90 calendar days) Larimer County Building Code or Sign Code violations.
7. 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 Larimer County Building Code or Sign Code indicates that the licensee lacks the basic competence to perform the work for which the license has been issued.
8. Otherwise violate this Resolution or engage in activities or conduct which, in the sound discretion of the Chief Building Official exercised in light of the requirements of the Larimer County Building Code or Sign Code, indicates that the Contractor lacks the basic competence to perform the work for which the license has been issued.
9. Failure to pay the difference in the building permit fee when the original building or sign valuation is below the actual building cost.
10. Failure to report to the County use tax office or failure to pay the difference between use tax paid and actual use tax due.
10-204. ENFORCEMENT
A. The following actions may be taken for violation of this Resolution:
1. The Chief Building Official may assess a fine equal to the current license fee for failure to obtain the required license prior to engaging in repair, maintenance work, or new construction.
2. The Chief Building Official may give a warning notice to the public.
3. The Chief Building Official may revoke the Building Contractor's license.
4. The Chief Building Official may stop/suspend work under an issued building permit; may stop work on a project that requires 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.
5. The Chief Building Official may pursue any other remedy allowed in law or equity.
B. Process for enforcement.
1. Prior to taking any of the actions specified in this Section 10-204, the Chief Building Official shall serve a notice of violation by delivering the notice personally to the Contractor or by mailing the notice certified mail, return receipt requested to the Contractor's address of record and last known address if different from the address of record. The notice shall specify the nature of the violation in reasonable detail.
2. The 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 Contractor makes a timely request for a meeting with the Chief Building Official, the Chief Building Official shall notify the Contractor of the date, time and place of the meeting. The meeting shall occur no later than seven (7) business 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 Contractor in writing within seven (7) business days after the meeting of the Chief Building Official's findings and decision.
5. The decision of the Chief Building Official may be appealed to the BOA pursuant to Section 10-205 of this Resolution.
C. Emergency Enforcement
1. If the Chief Building Official has cause to believe public health and safety will be emergently endangered as a result of an apparent violation of this Resolution, the Chief Building Official may enter an order for immediate suspension of a Contractor's license and may impose a stop work order against the affected property pending a hearing before the BOA. The Chief Building Official shall notify the 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 BOA. The notice shall be served by personally delivering the notice to the 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 Contractor is known to be working, or by transmitting the notice to the Contractor by same-day or next-day mail or courier at the Contractor's address of record on file with the Chief Building Official. 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 Contractor) by personal delivery or by same-day or next-day mail or courier at their addresses with the Chief Building Official.
2. If an appeal is made to the BOA, a hearing before the BOA shall be conducted in accordance with Section 10-205 (C)-(H) of this Resolution.
10-205. APPEALS FROM DECISION OF THE 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 Resolution:
1. Denial of a license application.
2. Suspension or 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 Resolution.
B. Appeals to the BOA 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 CBO no later than 14 calendar days after the date of the decision being appealed. If the official decision being appealed was sent by regular U.S. mail, three (3) additional days shall be added to the 14-day appeal deadline. Each appeal must be accompanied by a nonrefundable fee in the amount in effect.
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 BOA members for the appeal hearing. For hearings pursuant to Section 10-204 (C) the hearing date shall be set based on the date of the notice.
D. The Chief Building Official shall make a written analysis of and recommendation to the BOA on each appeal request. The Secretary shall make this analysis available to the appellant and the BOA, and shall notify the appellant of the hearing date at least seven (7) calendar days prior to the hearing.
E. Appeals under this Resolution shall be heard by the BOA convened by the CBO.
F. The BOA 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.
G. The BOA shall keep a written and recorded record of its hearing, and shall issue a decision on the appeal which the CBO shall provide to the appellant in writing no more than 14 calendar days after the hearing. The BOA's decision shall be final unless otherwise stated.
H. The provisions for BOA appeal under this Section 10-205 shall supplement the BOA's authority under the Larimer County Building Code and the BOA's adopted procedural rules as they may be amended from time to time.
10-206. REAPPLICATION FOR DENIED OR REVOKED LICENSE. If a license is denied or revoked under this Resolution, 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 BOA, as applicable.
10-207. RESOLUTION ADOPTION AND AMENDMENT. This Resolution shall be adopted and amended according to the procedures for adopting and amending the Larimer County Building Code, as set forth in C.R.S. §30-28-204, §30-28-206, and the BOA's adopted procedural rules.
10-208. APPROVAL AND EFFECTIVE DATE. This Resolution was approved by the BOCC following a duly-noticed hearing before the BOCC on December 15,2008 and January 5, 2009. This Resolution shall be effective September 1,2009.
A motion to approve the foregoing Resolution was made at the conclusion of a duly noticed public hearing held on January 5, 2009, by Commissioner Eubanks, seconded by Commissioner
Rennels, and passed by a 2-1 vote.
BOARD OF COUNTY COMMISSIONERS OF
LARIMER COUNTY:
____________________
____________________
____________________
ATTEST:
___________________
Clerk to the Board
APPROVED AS TO FORM:
___________________
County Attorney
