Colorado Code Publishing Company > Code Books > Fort Collins Municipal Code and Charter > Chapter 15
CHAPTER 15
LICENSES AND BUSINESS REGULATIONS
Articles:
Reserved
Division 1 Generally
Sec. 15-16 Definitions
Sec. 15-17 Title; purpose
Sec. 15-18 Alarm committee
Sec. 15-19 Direct connections prohibited
Division 2 Permit, License, Certificate of Compliance
Sec. 15-31 Required
Sec. 15-32 Issuance of permits and licenses
Sec. 15-33 Permit and license application
Sec. 15-34 Permit and license investigation
Sec. 15-35 Certificate of compliance for alarm systems
Sec. 15-36 Appeal procedure
Sec. 15-37 Fees for renewal of permits
Sec. 15-38 Fees for renewal of licenses
Sec. 15-39 Fee for certificate of compliance
Sec. 15-40 Grounds for suspension or revocation
Sec. 15-41 Procedure for suspension or revocation
Sec. 15-42 Violations
Division 3 Standards
Sec. 15-56 Promulgation of standards and regulations
Sec. 15-57 Residential construction standards
Sec. 15-58 Mercantile commercial construction standards
Sec. 15-59 Installation standards
Sec. 15-60 Performance standards
Sec. 15-61 Maintenance standards
Sec. 15-62 Central station standards
Sec. 15-63 Modified central station standards
Sec. 15-64 Licensed answering service standards
Sec. 15-65 Change of location
Sec. 15-66 Public primary trunk lines
Sec. 15-67 Removal of devices
Sec. 16-68 Audible alarms
Sec. 15-69 Display of license
Sec. 15-70 Notification
Sec. 15-71 Certain standards adopted
III. Amusement Devices and Places
Sec. 15-86 License required
Sec. 15-87 Applications for licenses
Sec. 15-88 Issuance of license
Sec. 15-89 License fees and term
Sec. 15-90 Regulations for licensees
Sec. 15-91 Revocation of licenses authorized
IV. Auctions, Special Sales and Solicitations
Division 1 Generally
Sec. 15-106 Residential solicitations prohibited; exceptions
Sec. 15-107 All solicitations prohibited by posting of "No Solicitation" or "No Trespassing" sign
Sec. 15-108 Attempt to obtain invitation prohibited
Division 2 Auctions
Sec. 15-121 License required for public auctions
Sec. 15-122 License fees and term
Sec. 15-123 Issuance of licenses; transfer prohibited
Division 3 Special Sales
Sec. 15-136 License required; exceptions
Sec. 15-137 Violations and penalties
Sec. 15-151 Intent
Sec. 15-152 General
Sec. 15-153 Definitions
Sec. 15-154 License required
Sec. 15-155 Exemptions
Sec. 15-156 Duties of Building Review Board
Sec. 15-157 Supervisor certificate; fees; examinations; renewals
Sec. 15-158 Applications; review; issuance
Sec. 15-159 Minimum experience qualifications
Sec. 15-160 License classifications; fees; renewals
Sec. 15-161 Responsibilities of contractor; supervisor
Sec. 15-162 Disciplinary procedures; violations and penalties
Sec. 15-163 Safety and insurance requirements
Sec. 15-164 Transition provisions
Sec. 15-171 Definition of electrical contractors
Sec. 15-172 License and registration required; suspension; revocation
VII. Going-Out-of-Business Sales
Sec. 15-181 Definitions
Sec. 15-182 Requirements of sale
Sec. 15-183 Exceptions
Sec. 15-184 Violations and penalties
Sec. 15-261 Definitions
Sec. 15-262 License required
Sec. 15-263 Annual license fee
Sec. 15-264 Surety bond required
Sec. 15-265 Investigation and approval of licensees and managers required
Sec. 15-266 Required books and records
Sec. 15-267 Declaration of ownership
Sec. 15-268 Requirements for records
Sec. 15-269 Minimum fixed period of time; maximum fixed price
Sec. 15-270 Intermediate payments upon loans
Sec. 15-271 Holding period and sale of tangible personal property
Sec. 15-272 Hold orders; surrender of property; inspection of records and premises
Sec. 15-273 Prohibited transactions
Sec. 15-274 Business limited to one location
Sec. 15-275 Violations and penalties
Sec. 15-276 Notice of penalties required
Sec. 15-291 License required
Sec. 15-292 License application
Sec. 15-293 License fees; term
Sec. 15-294 Conditions of license for certain shows
Sec. 15-295 Deposit for sales tax
Sec. 15-296 Public dance hall license requirements
Sec. 15-297 Special conditions
Sec. 15-298 Appeal to City Council
Sec. 15-305 Definitions of plumbers and contractors
Sec. 15-306 General provisions, licensing and registration
Sec. 15-316 Definitions
Sec. 15-317 License required; annual fee
Sec. 15-318 Application for secondhand dealer license; renewal; limitation on use; appeals
Sec. 15-319 Sales tax license required
Sec. 15-320 Keeping of records required
Sec. 15-321 Forms to be sent to police and open to inspection
Sec. 15-322 Records for sales tax collection for flea market sales
Sec. 15-323 Notice; penalties
Sec. 15-324 Certain property to be held and inspection of premises
Sec. 15-325 Purchase from minors prohibited
Sec. 15-326 Goods stolen or illegally obtained to be returned or surrendered
Sec. 15-327 Information required/false information
Sec. 15-328 Violations and penalties
XIII. Right-of-Way Contractors
Sec. 15-361 License required
Sec. 15-362 Application and fee for license and endorsement
Sec. 15-363 Bond required
Sec. 15-364 Insurance required
Sec. 15-365 Licenses and endorsements
Sec. 15-366 Issuance of license and fee
Sec. 15-367 Guarantee of work
Sec. 15-368 Suspension or revocation of license or endorsements
Sec. 15-369 Exceptions
Sec. 15-381 Outdoor vendor defined; exemptions
Sec. 15-382 License required
Sec. 15-383 Application for license; fee
Sec. 15-384 Contents of application
Sec. 15-385 Review and approval
Sec. 15-386 Bond required
Sec. 15-387 Requirements for issuance
Sec. 15-388 Restrictions and operation
Sec. 15-389 Renewal
Sec. 15-390 Transfer of license or location
Sec. 15-391 Suspension
Sec. 15-392 Violations and penalties
Sec. 15-393 Administration
XV. Solid Waste Collection and Recycling Services
Sec. 15-411 Definitions
Sec. 15-412 License requirement
Sec. 15-413 Recycling requirement
Sec. 15-414 Designation of recyclable materials
Sec. 15-415 Application for license
Sec. 15-416 License requirements; fees and insurance
Sec. 15-417 Term of license
Sec. 15-418 Plans, recordkeeping and reports
Sec. 15-419 Disposal of solid waste
Sec. 15-420 Identification of vehicles
Sec. 15-421 Hours of operation
Sec. 15-422 Investigation of reports, records and other items relating to compliance with this Article
Sec. 15-423 Subpoenas and witness fees
Sec. 15-424 Attendance of witnesses and production of evidence to be compelled by Municipal or District Judge
Sec. 15-425 Depositions
Sec. 15-426 Suspension or revocation of license
Sec. 15-427 Notices
Sec. 15-428 Review of decisions of the City Manager
Sec. 15-429 Violations
Sec. 15-430 Other remedies unaffected
ARTICLE I.![]()
IN GENERAL*
Secs. 15-1—15-15. Reserved.
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:
Alarm business shall mean the business by any individual, partnership, corporation or other entity engaged in selling, leasing, renting, maintaining, servicing, repairing, testing, altering, replacing, moving or installing any alarm system in the City or causing any alarm or alarm system to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed in or on any building, structure or facility in the City or any business acting as a receiver of such alarm or alarm system.
Alarm system shall mean any mechanical or electrical (AC/DC) device or system which is designed or used for the detection of an unauthorized entry into a building, structure or facility or for the detection of fire or other hazard to life or property or used for mechanically or electronically alerting others by an externally audible or visual signal to the commission of an unlawful act, whether installed inside or outside a building. Devices which are exclusively audible or visible in the interior of a building, premises, structure or area are not included within this definition or within this Article.
Appellant shall mean a person who takes and perfects an appeal to the City Council of any decision under this Article made by any part of the City administration.
Applicant shall mean a person who files an application for a new or renewal permit or license as provided in this Article.
Audible alarm shall mean a device which generates an audible sound on the premises when it is actuated.
Central station protective system shall mean a system or group of systems operated for its customers by a person in which the operation of electrical protection circuits and devices are transmitted, recorded on, maintained and supervised from a central location, having trained operators and guards in attendance at all times that have the duty to take appropriate action upon receipt of a signal or message including the immediate relaying of messages by direct line to the communication center of Fire Services or Police Services and meeting the requirements of, and listed by, Underwriters' Laboratories, Inc., or any other recognized testing laboratory.
Day shall mean a calendar day.
Direct line shall mean a telephone-company-supplied leased circuit or ring-down circuit leading directly to the communications center of Fire Services, Police Services, central station, modified central station or answering service that is for the use only to report emergency messages and signals on a person-to-person basis.
False alarm shall mean an alarm signal necessitating response by Police Services or Fire Services where an emergency situation does not exist.
Licensed answering service shall mean a telephone answering service which has obtained a license from the City by meeting certain standards and paying the required fee to operate a telephone answering service that includes the service whereby trained employees in attendance at all times receive prerecorded voice messages from automatic protection devices reporting an emergency at a stated location and who have the duty to relay immediately by live voice any such emergency message over a special trunk line to the communications center of Fire Services or Police Services.
Maintenance contract shall mean an agreement in writing with a licensed alarm business to perform servicing, repairing, altering, moving, installation or maintaining of an alarm system for a certain contractual period of time.
Modified central station shall mean a central station operated for its customers by a person with a license obtained from the City by meeting certain standards and paying the required fee as herein specified which provides at all times monitoring and relay services for customers in connection with automatic protection devices, but which does not provide all the services of a central station protection system.
Notice shall mean written notice given by personal service upon the addressee or given by United States Mail, postage prepaid, addressed to the person to be notified at his or her last known address. Service of such notice shall be effective upon the completion of personal service or upon the placing of the same in the custody of the United States Postal Service.
Permittee shall mean any person, firm, partnership, association or corporation who or which shall be granted a permit or license as provided herein, and the permittee's agents and representatives.
Subscriber shall mean any person who purchases, leases, contracts for or otherwise obtains an alarm system or obtains a contract for the servicing or maintenance of an alarm system from an alarm business.
(Code 1972, § 32-2; Ord. No. 130, 2002, §§ 6, 7, 9-17-02)
Cross-reference—Definitions and rules of construction generally, § 1-2.
(a) Short title. This Article shall be known and may be cited as the alarm permit ordinance.
(b) Purpose. The purpose of this Article is to establish standards and controls concerning intrusion, robbery, fire and other alarm systems for businesses and agents within the City, to require permits, to establish fees and to establish and maintain effective and professional relations and communications between alarm companies, customers, appropriate City departments and related individuals and firms.
(Code 1972, § 32-1)
The City administration is authorized to form an alarm committee composed of representatives of Fire Services, Police Services, the Department of Building and Zoning and licensed alarm businesses, answering services and telephone company representatives which shall act as an advisory body to the City Council to assist in determining policy concerning alarms. All such alarm systems shall be subject to all rules, regulations, fees and requirements set forth in this Article, except the provisions of this Article are not applicable to audible alarms affixed to motor vehicles or trailers, other than mobile homes, or to devices designed or used to register audible or visible alarms on the interior only of protected buildings, structures or areas.
(Code 1972, §§ 32-3, 32-5(E); Ord. No. 130, 2002, §§ 6, 7, 12, 9-17-02)
Sec. 15-19. Direct connections
prohibited.![]()
The City will not service such alarm systems through direct connection and the connection with the City departments shall be terminated.
(Code 1972, § 32-11)
Secs. 15-20—15-30. Reserved.
DIVISION 2. PERMIT,
LICENSE, CERTIFICATE OF COMPLIANCE![]()
(a) No person shall conduct, operate or carry on an alarm business without first applying for and receiving an alarm business permit in accordance with provisions of this Article.
(b) No person shall engage in the business of repairing, servicing, altering, replacing, removing, designing, maintaining, testing or installing alarm systems on or in any building, structure or facility without first applying for and receiving a special contractor alarm license in accordance with the provisions of this Article.
(c) No person shall install an alarm or alarm system, as defined in this Article, without first applying for and receiving a building permit as required by this Article.
(d) Certificate of compliance for alarm systems:
(1) No person shall use an alarm or alarm system, as defined in this Article, unless the alarm or alarm system has been inspected by the Director of Building and Zoning and a certificate of compliance for the alarm system has been issued.
(2) No person shall receive a certificate of compliance for the alarm system or renewal of such certificate without a written maintenance contract with a licensed alarm business who shall be responsible for maintenance of the alarm or alarm system for the specified duration of the contract. The certificate of compliance for the alarm system is considered valid only when a maintenance contract and all other provisions listed herein exist. The certificate of compliance shall be kept on the premises where the alarm system is located.
(Code 1972, § 32-5(A)-(D); Ord. No. 130, 2002, § 11, 9-17-02)
Sec. 15-32. Issuance of
permits and licenses.![]()
The issuing and approving authority for any license or permit issued hereunder shall be the Department of Building and Zoning.
(Code 1972, § 32-6(A); Ord. No. 130, 2002, § 12, 9-17-02)
Sec. 15-33. Permit and
license application.![]()
Applications for all permits and licenses required in this Article shall be filed with the Department of Building and Zoning and shall be accompanied by the requisite fees. The fees are established and shall cover the following costs:
(1) Fifty dollars ($50.) to cover the cost of processing the applications and permits;
(2) A cashier's check or money order made payable to the State Bureau of Investigation in an amount sufficient to cover such costs as are necessary to conduct the investigations required pursuant to this Article.
(Code 1972, § 32-6(C); Ord. No. 130, 2002, § 12, 9-17-02)
Sec. 15-34. Permit and
license investigation.![]()
(a) Every application for an alarm business or special contractor alarm license shall require fingerprints and a photograph of the applicant or agent applying for the applicant if the applicant is not a natural person. The Police Chief shall conduct an appropriate investigation of the applicant to determine whether the permit or license shall be issued. The Police Chief may require additional information of the applicants which is necessary to conduct the investigation with the exception of companies' blueprints or diagrams. Alarm blueprints and diagrams shall be deemed to be the property of the agency with whom the business has a contract.
(b) The permit or license, whether it is a new application or a renewal, shall be denied by the Police Chief, if:
(1) The character or reputation of the applicant is determined to be inimical to the safety or general welfare of the community;
(2) The applicant for the alarm business permit or special contractor alarm license does not comply with the standards and regulations adopted pursuant to § 15-56 et seq.;
(3) The applicant, his or her employee or agent, has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit or license or in any report or record required to be filed with any City agency;
(4) The applicant has had a similar-type permit or license previously revoked for good cause within the past year unless the applicant can show a material change in circumstances since the date of revocation;
(5) The applicant or any employee has demonstrated an inability to effectively install service alarms or alarm systems in a manner ensuring their reliability and lack of false alarms.
(Code 1972, § 32-6(D))
Sec. 15-35. Certificate
of compliance for alarm systems.![]()
A certificate of compliance for alarm systems shall be issued upon approval of the Department of Building and Zoning. Such approval shall signify compliance with the standards and regulations adopted and requirements set forth in §§ 15-56—15-71. Said certificate shall be issued to the person using or possessing the alarm system. Alarm businesses shall procure and process applications for their subscribers. The subscribers shall forward the completed application to the alarm business servicing the system. The permit fee shall be collected from the subscriber by the alarm business and transmitted forthwith to the Financial Administration Unit together with the application.
(Code 1972, § 32-6(E); Ord. No. 130, 2002, § 12, 9-17-02)
The procedure for any appeal of a decision by the City shall be to the City Council.
(Code 1972, § 32-7)
Cross-reference—Procedure for appeals to the City Council, § 2-46 et seq.
Sec. 15-37. Fees for renewal
of permits.![]()
The renewal fee for an alarm business permit shall be twenty-five dollars ($25.) per year. Such fee shall be tendered upon application for renewal of the permit. The alarm business permit shall expire July 1 of each year and must be renewed prior to its expiration date. No portion of the permit fee shall be prorated because of any partial year.
(Code 1972, § 32-8(A))
Sec. 15-38. Fees for renewal
of licenses.![]()
The renewal fee for a special contractor alarm license shall be fifty dollars ($50.) per year. Such fee shall be tendered at the time of application for a license. All such licenses shall expire on July 1 of each year and must be renewed within thirty (30) days of their expiration date. No portion of such license fee shall be prorated because of any partial year.
(Code 1972, § 32-8(B))
Sec. 15-39. Fee for certificate
of compliance.![]()
The fee for a certificate of compliance for the alarm system shall be ten dollars ($10.) which shall be due and payable within ten (10) days of the installation of an operable alarm system by any person possessing or using an alarm system, proprietary alarm, fire alarm or other emergency alarm within the City. Each such certificate shall be considered valid until such time that the system is declared unreliable under the provisions of this Article. Each time a system is declared unreliable, the system will need to be repaired, reinspected and have a new certificate of compliance issued. No portion of any certificate fee shall be refundable or applicable to the new certificate fee.
(Code 1972, § 32-8(C))
Sec. 15-40. Grounds for
suspension or revocation.![]()
The following shall constitute grounds for suspension or revocation of any license, permit or certificate issued under this Article:
(1) The violation of any of the provisions of this Article;
(2) The failure to comply with requirements set forth or standards or regulations adopted by this Article;
(3) When any alarm business permittee or special contractor is convicted of any crime involving larceny, burglary, fraud or other crime which would cause the honesty of the same to be suspect;
(4) When an alarm system actuates excessive false alarms and constitutes a public nuisance;
(5) When the applicant or permittee, his or her employee or agent, has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit or license or in any report or record required to be filed with the City;
(6) When the applicant or permittee has had a similar-type permit or license previously revoked for good cause within the past year unless the applicant can show a material change in circumstances since the date of revocation.
(Code 1972, § 32-9(A)(1))
Sec. 15-41. Procedure
for suspension or revocation.![]()
(a) Determinations for suspension or revocation of any license, permit or certificate issued hereunder shall be made by the Building Review Board in the same manner as set forth in § 15-158 for suspension or revocation of contractors' licenses.
(b) The determination of the Building Review Board with regard to matters of suspension or revocation shall be appealable to the City Council, provided that a notice of appeal is filed with the City Clerk within ten (10) days after the action of the Board. The City Clerk shall transmit such appeal to the City Council at the next meeting of the City Council held not less than two (2) days after filing of the notice of appeal. Upon receipt of the appeal, the City Council shall set a time for hearing of the appeal and shall give notice to the person making the appeal of the time and place of the hearing. Appeals shall be heard and decided as determined by the City Council.
(c) Any order of suspension or revocation made by the Building Review Board shall be effective upon delivery of the order personally to the person holding the license, permit certificate or forty-eight (48) hours after deposit of the order in the mail.
(d) All revocations or suspensions shall remain effective pending determination of any appeal to the City Council. All appeals shall be heard by the City Council within thirty-one (31) days after the date of the City Council meeting at which the appeal was presented.
(Code 1972, § 32-9(A)(2), (B))
Cross-references—Procedure for appeals to the City Council, § 2-46 et seq.; Building Review Board, § 2-117 et seq.
The conviction of any person for a violation of any provision of this Article shall not relieve such person from paying any permit or license fee required by this Article. Each day that any violation of this Article continues shall be a separate offense punishable as such.
(Code 1972, § 32-10)
Cross-reference—General penalty, § 1-15.
Secs. 15-43—5-55. Reserved.
DIVISION 3. STANDARDS*![]()
Sec. 15-56. Promulgation
of standards and regulations.![]()
Any alarm system installed within the City and all devices and agencies acting under this Article shall conform to the requirements of the standards adopted in this Division. The Director of Building and Zoning shall inspect and approve all alarm systems installed within the City and shall issue a permit authorizing such systems under this Article. Any system which does not meet the requirements of this Article shall not be approved and shall not be put in service until any deficiencies have been corrected and such correction approved by the Administrator.
(Code 1972, § 32-4(A); Ord. No. 130, 2002, § 11, 9-17-02)
Sec. 15-57. Residential
construction standards.![]()
All intrusion detection alarm systems and components used in residential applications shall meet or exceed the requirements of UL Standard No. 639 entitled "Standard for Safety, Intrusion-Detection Units," promulgated by Underwriters' Laboratories, Inc., and the requirements of UL Standard No. 1023 entitled "Standard for Safety, Household Burglar-Alarm System Units," promulgated by Underwriters' Laboratories, Inc. Additionally, all such systems shall include a standby power source as specified in said UL Standard No. 1023, Section 19. All fire alarm systems used in residential applications shall meet or exceed Standard No. 43 of the Uniform Building Code.
(Code 1972, § 32-4(B))
Sec. 15-58. Mercantile
commercial construction standards.![]()
(a) All intrusion detection alarm systems and components used in mercantile or commercial building applications shall meet or exceed the requirements of the following standards promulgated by Underwriters' Laboratories, Inc.: UL Standard No. 365 entitled "Standard for Safety, Police Station Connected Burglar Alarm Units and Systems," Standard No. 609 entitled "Standard for Safety, Local Burglar Alarm Units and Systems," UL Standard No. 634 entitled "Standard for Safety, Connectors and Switches for Use with Burglar Alarm Systems" and UL Standard No. 639 entitled "Standard for Safety, Intrusion-Detection Units," as such standards are applicable to the particular application. All such systems shall include a standby power source as specified in said UL Standard No. 609, Section 61.
(b) All robbery (holdup) alarm units and systems used in mercantile or commercial building applications shall meet or exceed the requirements of UL Standard No. 636 entitled "Standard for Safety, Holdup Alarm Units and Systems" promulgated by Underwriters' Laboratories, Inc. All such systems utilizing manually operated switches to initiate an alarm, such as push buttons, shall use only switches that are protected from being accidentally engaged and which once engaged cannot be reset without a key or other control device. All such systems shall include a standby power source as specified in said UL Standard No. 636, Section 35.
(c) All fire and/or smoke detection alarm systems and components used in mercantile or commercial building applications shall meet or exceed the requirements of Standard No. 43 of the Uniform Building Code.
(Code 1972, § 32-4(C))
Sec. 15-59. Installation
standards.![]()
(a) All installation of alarm systems and components shall be in accordance with the provisions and requirements of the Uniform Building Code, the National Electrical Code and the Uniform Fire Code, as all of such codes are in effect in the City, and the installation specifications set forth in the applicable standards set forth in §§ 15-57 and 15-58.
(b) All installations of protective wiring and devices connected to intrusion detection systems or mercantile or commercial premises and on mercantile, commercial or bank safes and vaults shall meet or exceed the requirements of UL Standard No. 681 entitled "Standard for Safety, Installation and Classification of Mercantile and Bank Burglar-Alarm Systems" promulgated by Underwriters' Laboratories, Inc.
(Code 1972, § 32-4(D))
Sec. 15-60. Performance
standards.![]()
(a) All alarm systems shall be afforded a thirty-day adjustment period commencing with the date of activation in order that the system may be brought to maximum efficiency. During that period of time, no false alarms shall be charged against the system. However, emergency response by appropriate public agencies of the City may be restricted or curtailed if, in the determination of the head of that agency, the number of false alarms becomes excessive.
(b) After the adjustment ends, the criteria for determining the reliability of an alarm system shall be its performance. Any alarm system may be deemed unreliable if it signals more than:
(1) Two (2) false alarms in any thirty-day period;
(2) Four (4) false alarms in any ninety-day period;
(3) Six (6) false alarms in any one-hundred-eighty-day period;
(4) Eight (8) false alarms in any three-hundred-sixty-day period.
(c) If any alarm system is deemed unreliable pursuant to this Article, Fire Services or Police Services may declare the system unreliable and restrict or curtail the response of the office to the alarm system until such time as the subscriber or alarm business can show a material change in employee training, can show written proof that the system has been repaired, can show written proof that the system has been reinspected by the Director of Building and Zoning and can show proof of issuance of a new certificate of compliance for the alarm system.
(d) If the alarm system deficiencies have not been corrected within thirty (30) days from the date the system was declared unreliable, the City may suspend the system's certificate of compliance in accordance with the provisions of § 15-40 et seq.
(Code 1972, § 32-4(E); Ord. No. 130, 2002, §§ 6, 7, 11, 9-17-02)
Sec. 15-61. Maintenance
standards.![]()
(a) The maintenance contract required for each alarm system shall be in writing and shall be for the duration of the certificate of compliance for the alarm system, usually one (1) year or fraction thereof.
(b) The maintenance contract shall provide for the following minimum services:
(1) Repairs which may be necessary from time to time to maintain reliability and efficiency of the system, such as replacement of worn components, deteriorated batteries, etc.;
(2) Repairs which may be necessary due to an attack on the system or an initiation of the system which results in damage to system components;
(3) Operational testing of all system components at least once every six (6) months, with a complete report being maintained on file by the alarm business maintaining the system. The report shall be made available for inspection upon the request of any police officer, firefighter, building inspector or the system subscriber.
(c) Trouble calls regarding an alarm system for which an alarm business has a maintenance contract shall be responded to on the same day if the call is received before 12:00 noon. Trouble calls received by the alarm business after 12:00 noon shall be responded to as soon as possible and in no case later than the business day following receipt of the call (UL-365, paragraph 43.5).
(d) All operational testing of alarm systems and/or components shall be undertaken only after the monitoring agency has been notified of the impending test. If the alarm system is unmonitored and of the type that registers an alarm on the protected premises or transmits a prerecorded message, no operational testing shall take place unless Police Services has been notified of the impending test.
(Code 1972, § 32-4(F); Ord. No. 130, 2002, § 7, 9-17-02)
Sec. 15-62. Central station
standards.![]()
A central station shall meet all the requirements and shall be listed by Underwriters' Laboratories, Inc. or other recognized testing laboratory as a central station with appropriate inspection and certification by such laboratory. A central station shall carry liability insurance related to alarm monitoring and covering acts, errors and omissions on the part of the station's employees in a minimum amount of three hundred thousand dollars ($300,000.).
(Code 1972, § 32-4(G))
Sec. 15-63. Modified central
station standards.![]()
(a) A modified central station shall meet the requirements of Sections 48, 49, 51, 52, 53, 54, 55, 56 and 57 of UL Standard No. 611 entitled "Standard for Safety, Central Station Burglar Alarm Units and Systems."
(b) All persons employed by a modified central station shall be properly selected and their backgrounds investigated prior to employment. They shall be trained, equipped and disciplined to ensure reliable performance of their duties.
(c) A modified central station shall carry liability insurance related to alarm monitoring and covering acts, errors and omissions on the part of the station's employees in a minimum amount of three hundred thousand dollars ($300,000.).
(Code 1972, § 32-4(H))
Sec. 15-64. Licensed answering
service standards.![]()
(a) A licensed answering service shall meet the requirements of Sections 48, 49, 51, 52, 55.4 and 56 of said UL Standard No. 611.
(b) All persons employed by a licensed answering service shall be properly selected and their backgrounds investigated prior to employment. They shall be trained, equipped and disciplined to ensure reliable performance of their duties.
(c) A licensed answering service shall carry liability insurance related to alarm monitoring and covering acts, errors and omissions on the part of the service's employees in a minimum amount of one hundred thousand dollars ($100,000.).
(Code 1972, § 32-4(I))
Sec. 15-65. Change of
location.![]()
If the location of the police or fire communication facilities should be changed at any time, all permittees shall be required to make the necessary changes at their expense to comply with the requirements of this Article. The City shall not be responsible for any resulting cost of moving alarm systems, direct line communications, parts or any other such expense.
(Code 1972, § 32-4(J))
Sec. 15-66. Public primary
trunk lines.![]()
No emergency device shall be used which transmits a prerecorded message or other signal directly to the police, fire or City communications centers. All such devices shall terminate at other facilities.
(Code 1972, § 32-4(K))
Sec. 15-67. Removal of
devices.![]()
In addition to any other remedy provided by law, the Police Chief or Fire Chief may whenever they shall have knowledge of the use of any cabinet, device or attachment or telephone terminal not operated or maintained in accordance with the provisions of this Article or contrary to these regulations order the removal of the same from the police, fire or City communications facilities. It shall be unlawful to disobey such order.
(Code 1972, § 32-4(L))
Every person utilizing an audible alarm shall notify Police Services or Fire Services of the names and telephone numbers of the persons to be notified to render repairs or service and secure the premises during the hours of the day or night that the alarm may be actuated. Such notice shall be provided before the system is activated, and all such information shall be kept current.
(Code 1972, § 32-4(M); Ord. No. 130, 2002, §§ 6, 7, 9-17-02)
Sec. 15-69. Display of
license.![]()
Every person engaged in the business of repairing, servicing, altering, replacing, removing, designing, leasing, maintaining, testing or installing alarm systems shall carry on his or her person at all times while so engaged a valid City special contractor (alarm) license or telephone employee identification and shall display such permit to any police officer, firefighter or subscriber upon request.
(Code 1972, § 32-4(N))
Any central receiving station, modified central station or licensed answering service, upon receipt of an alarm signal indicating that an illegal act, fire or other emergency situation has taken place, shall immediately notify Police Services or Fire Services.
(Code 1972, § 32-4(O); Ord. No. 130, 2002, §§ 6, 7, 9-17-02)
Sec. 15-71. Certain standards
adopted.![]()
The following standards promulgated by Underwriters' Laboratories, Inc., as set forth in this Article, are hereby adopted by reference. Such standards do not contain any separate penalty provision. All of such standards are promulgated by Underwriters' Laboratories, Inc., 207 East Ohio Street, Chicago, Illinois, 60611.
(1) The edition, impression date and other pertinent information relating to the standard adopted is as follows:
| Standard No. | Edition | Impression Date | Other |
| UL 634 |
3rd |
June 29, 1973 | |
| UL 365 |
1st |
March 25, 1975 | As revised by transmittal dated March 3, 1976 |
| UL 609 |
7th |
January 1972 | |
| UL 611 |
10th |
June 1972 | |
| UL 681 |
8th |
June 1972 | |
| UL 639 |
3rd |
December 1971 | As revised by errata sheet dated April 16, 1973 |
| UL 1023 |
1st |
Second (as revised to September 12, 1972) November 1972 | |
| UL 636 |
6th |
July 27, 1973 |
(2) At least three (3) copies of each standard herein adopted shall be kept on file in the office of the City Clerk, available for public inspection. One (1) copy of each such standard shall be kept in the office of the Director of Building and Zoning. One (1) copy shall be kept in the office of the Fire Chief. One (1) copy shall be kept in the office of the Police Chief.
(Code 1972, § 32-4(P); Ord. No. 130, 2002, § 11, 9-17-02)
Secs. 15-72—15-85. Reserved.
ARTICLE III.![]()
AMUSEMENT DEVICES AND PLACES*
All persons are hereby prohibited from keeping for gain or hire any billiard or pool table, any bowling alley, whirlyball arena or similar facility, roller skating rink, any ball and pin machine, striking machine, shooting gallery, ring game, ball and puppet game, cane rack, knife board, electronic game machines or any other like game or device within the City unless the person shall have obtained a license as provided in this Article. This licensing requirement shall not apply to the City.
(Code 1972, § 73-41; Ord. No. 36, 1994, § 1, 3-15-94; Ord. No. 130, 2002, § 24, 9-17-02)
Sec. 15-87. Applications
for licenses.![]()
(a) A license to keep for gain or hire any of the tables, bowling alleys, whirlyball arenas or similar facilities, machines, galleries or games mentioned in § 15-86 may be granted in the discretion of the Financial Officer to any person who shall make application in writing to the Financial Officer, stating the room or place where such tables, alleys, machines, galleries, whirlyball arenas or similar facilities, skating rinks or games are to be kept or held and the number proposed to be kept.
(b) The application shall be accompanied by the amount of money required in § 15-89 for the license.
(Code 1972, § 73-42(A))
Sec. 15-88. Issuance of
license.![]()
(a) Upon compliance with the requirements in this Article, a license may in the discretion of the Financial Officer be granted to the person applying, authorizing and permitting the keeping for gain or hire any of the tables, bowling alleys, whirlyball arenas or similar facilities, skating rinks, machines, galleries or games mentioned in this Article. The Financial Officer may refuse to grant any such license where in the opinion of the Financial Officer the applicant is not a person of good moral character or for other good cause shown.
(b) All licenses issued under this Article shall be signed by the Financial Officer. No license issued shall be transferable from the licensee except by and with the consent and at the discretion of the Financial Officer. No licensee shall be permitted to operate under the license in any place other than that mentioned in the application and license without the consent of the Financial Officer.
(Code 1972, § 73-42(B), (C))
Sec. 15-89. License fees
and term.![]()
All licenses issued or granted under the provisions of § 15-87 shall be paid for at the following rates:
(1) For each pinball machine, the sum of fifty-three dollars ($53.) every six (6) months;
(2) For each of the tables named in § 15-86, the sum of eight dollars ($8.) every six (6) months;
(3) For each bowling alley, whirlyball arena or similar facility, or roller skating rink the sum of fifty-five dollars ($55.) per year;
(4) For each shooting gallery, the sum of eighty dollars ($80.) per year;
(5) For all other machines, electronic game machines, devices or other games described in this Article and for which no specific license fee is fixed, the sum of thirty-seven dollars and fifty cents ($37.50) every six (6) months.
(Code 1972, § 73-45)
Sec. 15-90. Regulations
for licensees.![]()
(a) It shall be unlawful for any person who shall have been granted a license under the provisions of this Article or any clerk, agent or employee to permit any games for money or other valuable thing to be played upon the tables, machines, electronic game machines, alleys, whirlyball arenas or similar facilities, skating rinks or galleries mentioned in this Article or to permit any gaming by means of cards, dice or device for playing of games of chance or skill and chance within or about the establishment where such tables, machines or alleys are kept.
(b) It shall be unlawful for any person licensed to maintain billiard or pool tables, electronic game machines or any other game or device required to be licensed, but not including bowling alleys, whirlyball arenas, roller skating rinks or similar facilities, to permit any person except employees to enter the room or place where such table or games are kept between the hours of 12:00 midnight and 5:00 a.m. of any day or to permit any playing upon or with the tables or devices between such hours, provided that the hours for playing such games in establishments licensed to serve alcoholic beverages shall be extended from 12:00 midnight to 2:00 a.m.
(Code 1972, § 73-43)
Sec. 15-91. Revocation
of licenses authorized.![]()
Any license issued or granted under the provisions of this Article may be revoked by the City Council whenever it shall be made to appear to the City Council that the person(s) to whom such license was issued or any agent or employee has directly or indirectly violated any of the provisions of this Article or the Code relating to the sale of intoxicating liquors.
(Code 1972, § 73-44)
Cross-reference—Alcoholic beverages, Ch. 3.
Secs. 15-92—15-105. Reserved.
ARTICLE IV.![]()
AUCTIONS, SPECIAL SALES AND SOLICITATIONS*
Sec. 15-106. Residential
solicitations prohibited; exceptions.![]()
No person shall enter or remain upon any residential premises in the City, not having been requested or invited by the occupant(s) thereof, for the purpose of contacting said occupants to solicit the immediate or future purchase or sale of goods, services or any other thing of value. The provisions of this Section shall not apply to charitable, religious or political solicitations or the solicitation of newspaper or magazine subscriptions unless a "No Solicitation" or "No Trespassing" sign is posted at or near the entrance(s) to such residence.
(Ord. No. 41, 1994, § 1, 4-5-94; Ord. No. 98, 2002, 8-20-02)
Sec. 15-107. All solicitations
prohibited by posting of "No Solicitation" or "No Trespassing"
sign.![]()
No person shall enter or remain upon any public or private premises in the City, not having been requested or invited by the occupant(s) thereof, for the purpose of soliciting the immediate or future purchase or sale of goods, services or any other thing of value, or to solicit a gift or donation when a "No Solicitation" or "No Trespassing" sign is posted at or near the entrance(s) to such premises. This provision shall apply to all solicitations, including, without limitation, those that are charitable, religious or political in nature.
(Ord. No. 41, 1994, § 1, 4-5-94)
Sec. 15-108. Attempt
to obtain invitation prohibited.![]()
No person shall attempt to obtain, by telephone or otherwise, an invitation to visit any private residence for the purpose of soliciting the purchase or sale of goods, services or any other thing of value, by knowingly making a false or deceptive representation or statement.
(Ord. No. 41, 1994, § 1, 4-5-94)
Secs. 15-109—15-120. Reserved.
Sec. 15-121. License
required for public auctions.![]()
It shall be unlawful for any persons to engage in the business of selling any property at public auction in the City without first having obtained a license as provided in this Division. Sales made under and by virtue of legal processes or under and by virtue of any power contained in mortgages, trust deeds or similar instruments are hereby excepted from the provisions of this Division.
(Code 1972, § 73-28)
Sec. 15-122. License
fees and term.![]()
(a) The fee for an auctioneer's license shall be twenty-five dollars ($25.) per year, payable in advance.
(b) All annual licenses issued hereunder shall terminate on December 31 of each year. The fee for a renewal license shall be due and payable on January 1 of each year. Whenever an applicant who did not hold a license for a previous year applies after January 1 for a license, the Financial Officer shall prorate the license fee and charge only that part applicable to the remaining part of the whole year. In making such proration, the month shall be considered as the smallest subdivision of the year. Quarterly licenses may be issued for any consecutive three-month period but shall run from the first day of the month in which the license is issued, and there shall be no proration on account of any partial month.
(Code 1972, § 73-30)
Sec. 15-123. Issuance
of licenses; transfer prohibited.![]()
The licenses provided for in this Division shall only be issued upon application to the Financial Officer and upon the payment in advance of the fee. Such license shall be valid only in the hands of the person to whom it is issued and it shall not be transferable.
(Code 1972, § 73-31)
Secs. 15-124—15-135. Reserved.
DIVISION 3. SPECIAL
SALES*![]()
Sec. 15-136. License
required; exceptions.![]()
Every person engaged in the City in the business of selling goods, wares and merchandise known or advertised in any way to be goods, wares or merchandise bought at fire sales, auction sales or the stock of insolvents or advertised in any way for the purpose of inducing customers to believe that they will be sold for prices at or below actual cost from the wholesaler or manufacturer, shall be required to pay to the City in advance a license or occupation tax of two hundred fifty dollars ($250.) for each six (6) months or part thereof engaged in such business. This Division shall not apply to merchants regularly and permanently engaged in the City in business in which the selling of damaged, bankrupt and fire sales is only a feature of the business and who have paid and expect to pay annual City taxes assessed upon their stock of merchandise.
(Code 1972, § 73-19)
Sec. 15-137. Violations
and penalties.![]()
Any person, partnership or corporation engaged in the business described in § 15-136, excepting such as come within the terms of that Section, who shall see or expose for sale goods, wares and merchandise bought at fire sales or auction sales or damaged stock, bankrupt stock or the stock of insolvents known or advertised as such or advertised in any way for the purpose of inducing customers to believe that such goods will be sold for prices at or below cost from the wholesaler or manufacturer without being duly licensed as required by § 15-136 shall be guilty of a misdemeanor, and any person acting as agent or manager and in control of such stock or a part thereof shall be guilty of a misdemeanor.
(Code 1972, § 73-20)
Cross-reference—General penalty, § 1-15.
Secs. 15-138—15-150. Reserved.
ARTICLE V.![]()
CONTRACTORS**
The intent and purpose of this Article is to establish minimum qualification, liability insurance and conduct standards for persons engaged in construction, alteration or repair of buildings or portions thereof and for persons performing specialized trades as regulated under this Article on such buildings, through the issuance of contractor licenses and supervisor certificates as provided hereunder.
(Ord. No. 36, 2001, 3-6-01)
The Building Official shall administer the provisions of this Article and shall adopt reasonable rules and procedures for such purposes.
(Ord. No. 36, 2001, 3-6-01)
For the purpose of this Article, the following terms shall have the meanings indicated:
Board shall mean the Building Review Board of the City of Fort Collins.
Building code shall mean the building code adopted by the City as specified in Chapter 5, Article II, Division 2 of the Code.
Building Official shall mean the duly appointed City official as specified in the building code adopted by the City.
Construction shall mean the erection, alteration, repair or remodeling of any building or structure or portion thereof regulated by Chapter 5, Article II, Division 2 of the Code; and work regulated under the City mechanical code as adopted in Chapter 5, Article IV of the Code.
Construction value shall mean the total replacement costs, as defined in the building code, for a particular construction project.
Contractor, unless specifically exempted in the Article, shall mean any person, firm, partnership, corporation, association, other organization or any combination thereof, that undertakes with or for another on any property within the City any construction, demolition, or specialized trade for which a license as named in this Article is required and for which said construction or demolition a fixed fee, trade-in-kind or other compensation is made.
Employee shall mean a person who is eligible for Colorado Workers' Compensation insurance and unemployment insurance benefits, is employed by a contractor to perform construction work, to which person a wage or salary is directly paid as an individual. For purposes of this Article, any worker who qualifies as an independent contractor under state law is not considered an employee of a contractor.
Exempt specialized trade subcontractor shall mean any person, firm, partnership, corporation, association, other organization or any combination thereof, which subcontractor is not an employee as defined in this Section, and which subcontractor is paid or otherwise compensated to perform construction or a trade for which a specialized trade contractor license as specified in this Article is required, except that any such subcontractor may perform such work without obtaining a license when such work is exclusively performed pursuant to a direct subcontract with a licensed specialized trade contractor. No subcontractor shall be exempt from the licensing requirements of this Article as an exempt specialized trade subcontractor when such subcontractor works pursuant to a direct subcontract with any of the Classes A, B, C-1, C-2, D-1, D-2 or E general contractors to perform construction regulated under this Article.
Significant structural alteration shall mean the structural modification of any building or portion thereof which entails the construction, alteration, replacement or repair of load-bearing elements including, without limitation, the foundation system, the bearing walls, the structural frame (as defined in the building code), the roof framing members or the floor framing members. Notching and boring of holes in such members for the passage of piping and wiring as permitted in the building code does not constitute significant structural alteration.
Supervisor shall mean a person who holds a supervisor certificate as specified in this Article and who is actively working exclusively for a licensed contractor expressly to provide direct, personal and ongoing on-site construction supervision of a construction project undertaken by the contractor. Such person must be an employee, an owner, or other person having substantial ownership interest in the contracting firm of said licensed contractor.
(Ord. No. 75, 1987, § 1, 5-5-87; Ord. No. 108, 1992, § 2, 11-3-92; Ord. No. 120, 1995, 10-3-95; Ord. No. 36, 2001, 3-6-01)
Editor's note—Definitions and rules of construction generally, § 1-2.
Sec. 15-154. License
required.![]()
(a) Except as otherwise permitted in this Article, no person may perform construction work or trade as a contractor named in this Article within the City without first obtaining a license and designating an approved supervisor as specified in this Article. No building permits shall be issued to any contractor who has not obtained a license, does not have valid insurance as set forth herein, is delinquent in the payment of the biennial license fee or whose license is expired or has been suspended or revoked.
(b) For any construction requiring a licensed contractor, permits shall be issued only to the property owner, to a licensed contractor or to an authorized representative of such owner or contractor. Should a contractor be released from or abandon such construction project, said contractor shall immediately notify the Building Official, in writing, of such action. No further work shall be done on such project until the Building Official is notified in writing of such intended resumption of work by a licensed contractor.
(Ord. No. 75, 1987, § 1, 5-5-87; Ord. No. 108, 1992, § 5, 11-3-92; Ord. No. 120, 1995, 10-3-95; Ord. No. 36, 2001, 3-6-01)
The parties and conditions described herein shall be exempt from the general requirements specified in this Article:
(1) A building owner and any unpaid volunteers or paid workers employed by said owner who perform only minor alterations and repairs to such building, provided that all such work is under the continuous personal supervision of said owner. For the purposes of this Section, minor alterations and repairs shall not include:
a. Significant structural alterations (except for the repair and replacement of existing windows and doors, provided that such repair or replacement does not create larger openings or greater spans for headers);
b. Alterations to fire-resistive assemblies as defined in the building code;
c. Alterations to or the installation of electrical, plumbing or mechanical systems, except for fixture replacement and emergency repairs, and except as otherwise permitted in this Article;
d. Replacement of more than a total of one (1) square of roofing; or
e. Any nonstructural construction, alterations or repairs to a building or buildings performed by the building owner(s) and which alterations or repairs are otherwise exempted pursuant to this Section and which involve such elements as concrete slab-on-grade floors, masonry walls that are seventy-two (72) inches or less in height, wood or steel frame systems, and wallboard; when the total construction value of all work (including the related work done on the project by licensed specialized trade contractors), within any twelve-month period exceeds five thousand dollars ($5,000.) for any one (1) such building or collectively exceeds ten thousand dollars ($10,000.) for all such buildings combined.
(2) An owner of a detached single-family dwelling and associated accessory buildings or any unpaid volunteer under the continuous personal supervision of the owner of such buildings who personally performs any construction on the owner's personal residence and associated accessory buildings, provided that the owner commences construction of no more than one (1) such dwelling within any twenty-four-month period. In the event such dwelling is destroyed or damaged, reconstruction thereof shall be exempt from the foregoing time period. Prior to performing any such construction, the owner must demonstrate sufficient knowledge and proficiency required to perform said construction as determined by the Building Official.
(3) An owner or any unpaid volunteer under the continuous personal supervision of the owner of such building who personally demolishes any detached building housing an R-3 occupancy, as defined in the building code, or any building no larger than one thousand (1,000) square feet.
(4) An employee of a contractor who is not otherwise regulated under this Article.
(5) A partner, owner, or other company official of a licensed contractor who performs on-site construction under the direction of a qualified supervisor.
(6) An exempt specialized trade subcontractor as defined in this Article.
(7) Any person, firm, partnership, corporation, association, other organization or any combination thereof performing specialized construction related to a particular trade which is not otherwise regulated by this Article, including any such trade engaged in one (1) of the following types of construction or installations: plumbing and electrical work regulated elsewhere in this Code; wallboard; masonry; nonstructural wood frame systems; finish and trim carpentry; nonstructural concrete floors, sidewalks, stairs, landings, and drives; structural and nonstructural steel systems; siding; ceramic and synthetic tile; counter surfaces and cabinets; flooring and carpet; wall and ceiling finishes; insulation; glazing; windows and doors and associated hardware; rain gutters; fences; swimming pools and spas; entertainment, data, and communication systems within any building including related wiring supplying not more than fifty (50) volts and which does not require a state electrical license; excavation and grading; landscaping; irrigation systems excluding back-flow prevention devices; sewer lines downstream of any building drain as defined in the Colorado Plumbing Code; elevators and escalators; and radon piping systems.
(8) Any person who is, without pay or compensation of any kind, performing construction or a specialized trade regulated under this Article and who is supervised directly by a licensed contractor and supervisor as specified in this Article to ensure that such work conforms to the applicable code(s).
(Ord. No. 75, 1987, § 1, 5-5-87; Ord. No. 108, 1992, § 3, 11-3-92; Ord. No. 120, 1995, 10-3-95; Ord. No. 36, 2001, 3-6-01)
Sec. 15-156. Duties
of Building Review Board.![]()
The Building Review Board shall have the duties and perform the functions as set forth in § 2-119 of the Code, which duties and functions include, without limitation, hearing all matters related to the suspension or revocation of any supervisor certificate or license or registration of any plumber or electrician as provided in the Code. The Building Review Board is authorized, upon appeal in specific cases, to grant variances from the terms of this Article, where the strict application of any provision of this Article would result in peculiar or exceptional practical difficulties to or exceptional or undue hardship upon the person or applicant regulated; or, when such applicant can demonstrate to the satisfaction of the Board that the applicant possesses other qualifications not specifically listed in this Article, such as specialized training, education or additional experience, which the Board has determined qualifies the applicant to perform in a competent manner any construction authorized under the license or certificate sought, and provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of this Article.
(Ord. No. 75, 1987, § 1, 5-5-87; Ord. No. 108, 1992, § 4, 11-3-92; Ord. No. 120, 1995, 10-3-95; Ord. No. 36, 2001, 3-6-01)
Sec. 15-157. Supervisor
certificate; fees; examinations; renewals.![]()
(a) No contractor as defined in this Article shall perform construction that requires a permit without designating a supervisor to supervise such construction pursuant to this Article.
(b) Prior to issuance of a building permit to the holder of any contractor license specified in this Article, the holder of said license shall possess a supervisor certificate or shall have employed at least one (1) supervisor who has obtained a certificate for the specific class or specialized trade specified in this Article required to perform the scope of construction described on said permit. A supervisor certificate is valid for a period of two (2) years from the date of issuance and the biennial fee for such certificate is twenty-five dollars ($25.). Supervisors shall observe reasonable standards of attendance on construction sites as necessary to perform adequate supervision of such construction as further specified in § 15-161 of this Article.
(c) Prior to obtaining a supervisor certificate, except as provided otherwise in this Article, an applicant for such certificate shall have passed a written examination administered by the City or the equivalent of such examination as specified herein. Every applicant who undergoes a written examination administered by the City shall pay a nonrefundable examination fee of seventy-five dollars ($75.) prior to such examination. Any applicant who fails to achieve a minimum score of seventy-five (75) percent shall be entitled to another examination covering the same license class or specialized trade, provided that the applicant shall not be permitted more than two (2) such examinations within any six-month period unless otherwise approved by the Board. Alternatively, an applicant may be granted a third such examination within any six-month period upon the applicant demonstrating to the satisfaction of the Building Official adequate preparation for the examination by successfully completing a class or coursework covering the building code or other code as applicable, or the equivalent thereof as approved by the Building Official. The applicant shall pay a nonrefundable re-examination fee of fifty dollars ($50.) for each subsequent examination covering the same license class or specialized trade. Examinations shall be given at a time and place designated by the Building Official. The written examination for a supervisor certificate may be waived by the Building Official provided that the applicant can prove that he or she has passed a satisfactory written examination equivalent in scope to that administered by the City.
(d) A supervisor certificate may be renewed provided that the biennial fee is paid and renewal occurs within sixty (60) days following the anniversary date such certificate was issued, and further provided that the adopted building code or other applicable code over which an examination was administered remains in effect at the time of renewal. When such adopted code over which the renewing certificate holder passed an examination has been substantially revised prior to the time of such renewal, the certificate holder must either pass a renewal examination administered by the Building Official for which no fee shall be assessed for such examination, or provide proof of having successfully completed training covering the current adopted applicable code or the equivalent thereof as approved by the Building Official. The holder of an expired certificate may be reissued such certificate by submitting a new application and paying all applicable fees as set forth in § 15-158. Such applicant shall not be required to pass an examination as prescribed in Subsection (c) above, provided that the adopted building code or other applicable code over which such applicant passed an examination remains in effect at the time the renewed certificate is obtained.
(e) The Building Official may grant a temporary supervisor certificate valid for thirty (30) days without an examination based upon individual extraordinary circumstances and upon finding that any petitioner for such certificate is otherwise qualified. Any person seeking such temporary certificate must submit a written request describing in detail the justification for such certificate and a completed application for a supervisor certificate, including all necessary fees as provided in § 15-158.
(Ord. No. 75, 1987, § 1, 5-5-87; Ord. No. 108, 1992, § 6, 11-3-92; Ord. No. 120, 1995, 10-3-95; Ord. No. 36, 2001, 3-6-01)
Sec. 15-158. Applications;
review; issuance.![]()
(a) Prior to being issued any license or certificate specified in this Article, all applicants for such license or certificate shall complete and submit to the Building Official an application containing the following information:
(1) The individual applicant's name, the contractor's business name under which license the applicant is associated or will be working, a current mailing address and telephone number, and one (1) form of photographic identification of the applicant;
(2) A written summary documenting the applicant's relevant experience with at least three (3) separate construction projects and identifying an owner, general contractor, architect, professional engineer or other person involved in each particular construction project who has personal knowledge of the applicant's responsibilities on said projects;
(3) The applicant's disclosure of any disciplinary action (whether by the City or any other contractor licensing agency or jurisdiction) taken against any contractor licenses currently or previously held by the applicant; and
(4) A signed statement by the applicant acknowledging the obligations associated with such license or certificate.
(b) All such applications shall be accompanied by a nonrefundable processing fee of seventy-five dollars ($75.) for each such application.
(c) Subject to the qualification requirements of § 15-159 and subject to any applicable variances which may have been granted by the Board pursuant to § 15-156 and provided further that the applicant has not committed any acts described in § 15-162 of this Article without the Board having first conducted a hearing and having made a determination regarding the applicant's fitness to be granted a license or supervisor certificate, the Building Official shall issue to the applicant the license or supervisor certificate applied for upon receipt of all of the following:
(1) Evidence of a passing score on the applicable written examination or equivalent as specified in this Article;
(2) Payment of the applicable fee;
(3) Written proof of general liability and workers' compensation insurance as required in this Article; and
(4) Documents verifying that the applicant has acted in the principal role of contractor, project supervisor or other primary supervisory role on no less than three (3) separate completed building construction or specialized trade projects. A person other than the applicant must sign such documents. Said signatory shall be a project owner, a contractor, an architect, a professional engineer or other person directly involved in the construction of said project, and said person shall have worked directly with the applicant. Additionally, said documents shall contain the following information where applicable to the license or contractor certificate sought:
a. The total floor area and number of stories (as defined in the building code) of each building in the project;
b. The building construction type as defined in the building code;
c. The building occupancy classification as defined in the building code;
d. The date the project was completed;
e. The address, contractor of record, and permit number (when applicable) for the project;
f. A description of the project which the applicant directly supervised or for which the applicant was the contractor of record, whichever is applicable, in sufficient detail to fully describe the extent of the construction or alteration or specialized trade work. Such description must describe all relevant work, such as that involving the foundation, the exterior structural elements, the interior bearing walls, the nonbearing walls and elements, the electrical systems, the plumbing systems, the mechanical systems, roofing, and any other specialized trade work that may be applicable to the license or certificate sought;
g. A complete description of the applicant's position and responsibilities on the project; and
h. The signatory's role in the project.
(Ord. No. 75, 1987, § 1, 5-5-87; Ord. No. 108, 1992, § 7, 11-3-92; Ord. No. 120, 1995, 10-3-95; Ord. No. 36, 2001, 3-6-01)
Sec. 15-159. Minimum
experience qualifications.![]()
(a) Minimum experience requirements for Classes A, B, C-1, C-2, D-1, D-2 and E general contractor licenses, specialized trade contractor licenses, and associated supervisor certificates as described in § 15-160 are as hereafter provided in this Section. In order to qualify for such minimum experience, all construction and specialized trade installation projects are subject to the Building Official's review and approval for sufficient variety and complexity. All such projects shall have been constructed or installed primarily by the applicant or under the applicant's direct control. The particular license type and respective required minimum documented experience are described as follows:
(1) To qualify for a Class A license or supervisor certificate, the applicant must have constructed or acted principally in the role of supervisor for the construction of two (2) entire buildings for which a minimum of a Class A license or contractor supervisor certificate is required, and not less than one (1) entire building for which a minimum of a Class A or a Class B license or contractor supervisor certificate is required.
(2) To qualify for a Class B license or supervisor certificate, the applicant must have constructed or acted principally in the role of supervisor for the construction of three (3) entire buildings for which a minimum of a Class A or Class B license or supervisor certificate is required. At least one (1) such building described herein shall be classified under the building code as Type I, Type II, or Type III construction.
(3) To qualify for a Class C-1 license or supervisor certificate, the applicant must have constructed or acted principally in the role of supervisor for the construction of three (3) entire buildings for which a minimum of a Class A, Class B or Class C-1 license or supervisor certificate is required. At least one (1) such building described herein shall be classified under the building code as Type I, Type II or Type III construction.
(4) To qualify for a Class C-2 license or supervisor certificate, the applicant must have constructed or acted principally in the role of supervisor for the construction of three (3) entire buildings for which a minimum of a Class A, Class B, Class C-1, or Class C-2 license or supervisor certificate is required. At least one (1) such building described herein shall not be less than three (3) stories in height as defined in the building code, or at least one (1) such building shall contain not less that sixteen (16) dwelling units.
(5) To qualify for a Class D-1 license or supervisor certificate, the applicant must have constructed or acted principally in the role of supervisor for the construction of three (3) completed new single-family homes or the equivalent thereof as determined by the Building Official.
(6) To qualify for a Class D-2 license or supervisor certificate, the applicant must have constructed or acted principally in the role of supervisor for the construction of three (3) completed projects, each with a construction value of not less than fifteen thousand dollars ($15,000.) and each of which entails the significant structural alteration of or the addition to a single-family home or equivalent structure as determined by the Building Official.
(7) To qualify for a Class E license or supervisor certificate, the applicant must have constructed or acted principally in the role of supervisor for the construction of three (3) entire projects, each of which shall entail, at a minimum, the nonstructural alteration of a building classified by the building code as other than a "Group R or Group U occupancy." Each such project shall exceed twenty thousand dollars ($20,000.) in total construction value and at least one (1) such project shall exceed fifty thousand dollars ($50,000.) in total construction value.
(8) To qualify for any of the specialized trade contractor licenses or certificates regulated under this Article, the applicant must submit to the Building Official written verification describing experience in such specialized trade as prescribed hereunder:
a. An applicant must submit written verification to the Building Official describing not less than five (5) completed projects which demonstrate that the applicant possesses at least three (3) years of supervisor experience in the specialized trade applicable to the particular license or contractor supervisor certificate sought for the following specialized trade contractor licenses or certificates: roofing, HVAC, refrigeration, fire-sprinkler systems, special fire extinguishing, flammable fuel facilities, alarm systems, wood frame construction and cast-in-place concrete.
b. An applicant must submit written verification to the Building Official describing not less than five (5) completed projects which demonstrate that the applicant possesses at least one (1) year of supervisor experience in the specialized trade applicable to the particular license or contractor supervisor certificate sought for the following specialized trade contractor licenses or certificates: demolition, solar energy, gas piping, signs, WTS, awnings, miscellaneous and minor structures and fireplace appliances.
(Ord. No. 75, 1987, § 1, 5-5-87; Ord. No. 108, 1992, § 7, 11-3-92; Ord. No. 120, 1995, 10-3-95; Ord. No. 36, 2001, 3-6-01)
Sec. 15-160. License
classifications; fees; renewals.![]()
(a) The particular contractor license required and corresponding maximum scope of construction authorized under each license is described hereunder. All licenses are valid for a period of two (2) years from the date of issuance and the fee for each license is two hundred dollars ($200.). A license may be renewed provided said biennial fee is paid within sixty (60) days following the anniversary date such license was issued. When the license fee is not paid within such sixty-day period, the license shall expire and is not eligible for renewal. The holder of an expired license may be reissued such license by submitting a new application and paying all applicable fees as set forth in § 15-158. The Class A, B, C-1, C-2, D-1, D-2 and E general contractor licenses described in this Section do not authorize the holders thereof to perform the following specialized construction trades: electric, plumbing, HVAC, refrigeration, solar energy, alarms, fire-sprinkler systems, special fire extinguishing, gas piping, WTS, and flammable fuel facilities.
(1) A Class A general contractor license holder shall be authorized to construct or demolish any building or structure in the City that is regulated under the building code except as otherwise limited by this Article, including the installation of sidewalk, driveway, curb and gutter, provided that for said work in the public right-of-way, other requirements prescribed in this Code are met.
(2) A Class B general contractor license holder shall be authorized to construct or demolish any building or structure in the City regulated under the building code up to and including five (5) stories in height. A Class B license holder is authorized to perform alterations on buildings over five (5) stories in height, provided that such alterations do not involve the structural frame as defined in the building code.
(3) A Class C-1 general contractor license holder shall be authorized to construct or demolish any building or structure in the City that is regulated under the building code and which does not exceed two (2) stories in height nor more than ten thousand five hundred (10,500) square feet in total floor area. When any such building is classified by the building code as Type VN construction, the maximum allowable area may be that which is specified by the building code. A Class C-1 license holder is authorized to perform alterations on buildings over two (2) stories in height, when such alterations do not involve the structural frame as defined in the building code.
(4) A Class C-2 general contractor license holder shall be authorized to construct or demolish any building or structure in the City classified by the building code as Type V construction and a Group R or a Group U, Division 1 occupancy. A Class C-2 license holder is authorized to perform any work allowed under a miscellaneous and minor structure specialized trade contractor license and to construct other ancillary Type V buildings or structures not exceeding five thousand (5,000) square feet in total floor area that are associated with a particular multiple-unit housing project to be constructed by the license holder, provided that such other buildings are limited to functions such as management offices, community and recreation buildings, maintenance buildings and similar uses.
(5) A Class D-1 general contractor license holder shall be authorized to construct, alter, repair or demolish any building or structure in the City classified by the building code as a Group R, Division 3 occupancy housing not more than two (2) dwelling units, or a Group U, Division 1 occupancy. A Class D-1 general contractor license holder is authorized to perform any work allowed under a miscellaneous and minor structure specialized trade contractor license and to perform alterations and/or repairs to any building or structure in the City classified by the building code as a Group R, Division 1 occupancy and Type V construction, provided that any such work does not alter the structural frame as defined in the building code.
(6) A Class D-2 general contractor license holder shall be authorized to construct residential garages not exceeding one thousand (1,000) square feet in total floor area; to construct additions which do not exceed one thousand (1,000) square feet of floor area; and to perform any structural alterations, demolitions and/or repairs, to any building or structure in the City classified by the building code as a Group R, Division 3 occupancy housing not more than two (2) dwelling units, or a Group U, Division 1 occupancy. A Class D-2 general contractor license holder shall be authorized to perform any work allowed under a miscellaneous and minor structure specialized trade contractor license and to perform alterations and/or repairs to any building or structure in the City classified by the building code as a Group R, Division 1 occupancy and Type V construction, provided that any such work does not alter the structural frame as defined in the building code.
(7) A Class E general contractor license holder shall be authorized to perform any work allowed under a miscellaneous and minor structure specialized trade contractor license and to perform alterations to any building or structure in the City, when such alterations do not include modifications to the structural frame as defined in the building code.
(b) A specialized trade contractor license and a specialized trade contractor supervisor certificate shall be required for any contractor performing any specialized trade listed herein. Prior to any specialized trade supervisor being issued a supervisor certificate, the applicant for such certificate shall successfully complete a written examination as provided in § 15-157, or the applicant shall provide proof of equivalent technical qualification as determined by the Building Official. Applicants for a specialized trade contractor license or a specialized trade contractor supervisor certificate shall submit an application and documents as set forth under § 15-158 of this Article. Each specialized trade contractor license regulated under this Article is listed and described hereunder with respect to the scope of work authorized by each such license as follows:
(1) Roofing authorizes the application of nonstructural roof covering and materials as regulated by the building code, including the replacement or repair of sheathing on existing roofs.
(2) Demolition authorizes the dismantling or razing of entire buildings and other structures regulated by the building code, excluding such work as partial or interior demolition work associated with alterations.
(3) HVAC authorizes the installation of environmental nonportable heating, ventilation, air conditioning systems and the related piping, ducts, venting, appliances, controls and electrical wiring (supplying not more than fifty [50] volts) therefor as regulated under the mechanical code adopted by the City, excluding all other electrical and plumbing work requiring a state license.
(4) Refrigeration authorizes the installation of non-portable evaporative, absorption and mechanically operated refrigeration equipment, including piping, vessels, controls and electrical wiring (supplying not more than fifty [50] volts) therefor as regulated under the mechanical code adopted by the City, excluding all other electrical and plumbing work requiring a state license.
(5) Solar energy authorizes the installation of solar heat and photovoltaic collectors, storage tanks and related piping, related electrical wiring supplying not more than fifty (50) volts and nonpotable water piping, excluding all other electrical and plumbing work requiring a state license.
(6) Gas piping authorizes the installation of piping and fittings for supplying fuel-gas, and the replacement of water heaters as regulated under the mechanical code adopted by the City, when such water heater replacement does not involve alteration of water supply piping or appliance venting.
(7) Signs authorizes the installation and erection of permanent signs requiring a sign permit from the City, excluding electrical work regulated by the City electrical code requiring a state license.
(8) Fire sprinkler system authorizes the installation of automatic fire suppression systems, including standpipes that use pressurized water as the primary extinguishing agent, and which are designed to protect entire buildings, rooms or areas and processes, other than residential fire sprinkler systems regulated under the City fire code.
(9) Special fire extinguishing authorizes the installation of fire suppression systems for the protection of specialized hazards such as commercial kitchen equipment, paint booths, flammable liquid facilities and other special applications.
(10) Flammable fuel facilities authorizes the installation, alteration or removal of tanks, piping and dispensing equipment for petroleum fuels or other fuels as regulated by the City fire code, including related electrical wiring supplying not more than fifty (50) volts.
(11) Alarm systems authorizes the installation, testing, maintenance, and servicing of fire and security alarms as specified in the applicable provisions of the National Fire Alarm Code, NFPA 72 and the National Electrical Code, NFPA 70; including related wiring supplying not more than fifty (50) volts that does not require a state electrical license.
(12) Wood frame construction (framing) authorizes the construction of Type IV and Type V structural framing systems as regulated under the building code, including the application of sheathing and siding.
(13) WTS authorizes the installation of outdoor wireless telecommunication systems, including related equipment, towers, antennas and the construction of unoccupied minor related buildings housing only equipment, and associated cables and electrical wiring supplying not more than fifty (50) volts that does not require a state electrical license.
(14) Awnings authorizes the erection and attachment of awnings to buildings as regulated under the building code, including such awnings incorporating signage or graphics requiring a sign permit from the City.
(15) Miscellaneous and minor structures authorizes the construction, repair or demolition of (a) detached structures such as shelters, storage sheds, playhouses, greenhouses, and gazebos; and (b) unenclosed structures such as open carports, patio covers, open porches, and decks. Any such work is further limited to one-story buildings or structures not exceeding two hundred (200) square feet in floor area and which contain occupancies limited to those classified by the building code as Group R, Division 3; Group S, Divisions 1 and 2; and Group U other than private garages.
(16) Fireplace appliances authorizes the installation of nonportable listed manufactured fuel-burning fireplace appliances and associated chimneys or vents as regulated under the mechanical code adopted by the City, excluding equipment for industrial processes or for providing primary space heating, ventilation, cooling or water heating; and excluding any building modifications, alterations or additions.
(17) Cast-in-place concrete authorizes the on-site forming and placement of structural, permanently cast-in-place concrete and reinforcement therein.
(Ord. No. 75, 1987, § 1, 5-5-87; Ord. No. 108, 1992, § 8, 11-3-92; Ord. No. 120, 1995, 10-3-95; Ord. No. 36, 2001, 3-6-01)
Sec. 15-161. Responsibilities
of contractor; supervisor.![]()
(a) The contractor of record as authorized by a building permit shall be responsible for all work performed under said permit without substantial departure from the drawings and specifications filed and approved by the City as specified on the permit issued for said construction, unless changes are approved by the City, and shall observe the following standards:
(1) The contractor of record shall obey any order or notice issued pursuant to this Article.
(2) The contractor of record shall observe generally accepted safety standards.
(3) The contractor of record shall employ an approved on-site supervisor as specified in this Article.
(4) The contractor of record shall maintain liability insurance and workers’ compensation insurance as specified in this Article and provide proof of such insurance to the Building Official.
(5) The contractor of record shall provide proof of employment for employees who are performing construction work that is regulated under this Article by providing to the Building Official a copy of the signed Internal Revenue Service “Employee’s Withholding Allowance Certificate (Form W-4)” for each such employee.
(6) The contractor of record shall identify all exempt specialized trade subcontractors under the contractor’s supervision when so requested by the Building Official.
(7) When the contractor of record is a specialized trade contractor that directly subcontracts work to an exempt specialized trade subcontractor, the specialized trade contractor shall employ a supervisor who, in addition to any other on-site attendance requirements of this Article, shall be readily available and present full-time on the project site where such subcontracted work is being performed to ensure that when completed such work fully conforms to the applicable code(s).
(8) The contractor of record shall maintain a current mailing address and a telephone number with the Building Official.
(9) The contractor of record may proceed with work only after all required permits have been obtained and shall obtain required inspections and authorization to proceed with the work authorized under the permit.
(b) All supervisors shall be responsible for the supervision of construction in accordance with the requirements of this Article, and shall observe the following standards:
(1) All supervisors shall be on-site and in person on a regular basis throughout the entire construction or installation process to supervise the construction or installation work under the responsibility of a licensed contractor without substantial departure from the drawings and specifications filed and approved by the City as specified on the permit issued for said construction, unless changes are approved by the City. Additionally, when the contractor of record is a specialized trade contractor that directly subcontracts work to an exempt specialized trade subcontractor, a supervisor employed by such specialized trade contractor shall be readily available and present full-time on the project site where such subcontracted work is being performed to ensure that when completed such work fully conforms to the applicable code(s).
(2) All supervisors shall obey any order or notice issued pursuant to this Article.
(3) All supervisors shall observe generally accepted safety standards.
(4) All supervisors shall present the supervisor certificate, or proof thereof, during the supervision of a project for which said ce