HomeMy WebLinkAbout2011-02-15 Agenda and Support Documentation Town Council Evening Session (2) ORDINANCE NO. 3
SERIES OF 2011
AN ORDINANCE REPEALING AND RE- ENACTING CHAPTER 7, CONTRACTOR,
REGISTRATION, TITLE 4, BUSINESS LICENSE AND REGISTRATION, VAIL TOWN CODE, AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "), is a
home rule Town duly existing under the Constitution and laws of the State of Colorado and its home
rule charter (the "Charter"),
WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly
elected and qualified,
WHEREAS, the provisions of Chapter 4-7, Contractors, Registration, Vail Town Code, were
adopted in 1977 and last updated in 1978; more than 33 years ago,
WHEREAS, the Community Development Department is charged with administering the
provisions of the Chapter 4 -7, Contractors, Registration, Vail Town Code,
WHEREAS, the intent of these existing regulations is for the Building Official to evaluate
every contractor wanting to do construction work in the Town and only issue a contractor's license to
those persons who are " qualified bV traininq orexperience and is financially responsible to fulfill the
obligations of a contractor
WHEREAS, in practice, the Building Official does not administer a written test or otherwise
objectively evaluate a contractor's qualifications based upon training or experience,
WHEREAS, the current statutory process for registering contractors is outdated, time -
consuming and costly and has room for improvements,
WHEREAS, improvements to the process of registering contractors can be improved such
that the original intent of the regulations can be maintained and advanced yet the amount of time
and cost associated with the process to the contractor and Town can be reduced, and
WHEREAS, the Vail Town Council finds it in the interest of the public health, safety, and
welfare to adopt these amendments to the Vail Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
SECTION 1 . Chapter 7, Contractors, Registration, Business License and Registration, Vail
Town Code, is hereby repealed and re- enacted as follows:
4 -7 -1: DEFINITIONS:
For the purposes of this Chapter, the words and phrases contained in this Section
are defined as follows:
BOARD: The Board of Appeals as defined in the International Building Code, as
adopted by the Town.
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BUILDING CODE: Includes the International Building Code, International Residential
Code, International Fire Code, International Mechanical Code, International
Plumbing Code, International Fuel Gas Code, International Energy Conservation
Code, International Performance Code, Uniform Code for the Abatement of
Dangerous Buildings, and the National Electrical Code, as adopted by the Town.
BUILDING OFFICIAL: The Building Official as defined in the Building Code, as
adopted by the Town, or his /her designee.
PERMIT: A permit, as prescribed in the Building Code and Town ordinances,
granting approval to do construction work in the Town.
CONSTRUCTION WORK: Activity including, but not limited to, new construction,
additions, repairs, alterations, installations, demolition, removal, conversions,
replacements, or renovations of any building or structure, or excavation that requires
a permit.
CONTRACTOR: Any person, firm, partnership, corporation, association, or other
organization who undertakes, or offers to undertake for another, construction work.
For the purposes of this Chapter, a contractor may be a general contractor, plumbing
contractor, electrical contractor, excavation contractor, fire protection contractor, or a
subcontractor.
PERSON: An individual, corporation, business, trust, estate, business trust,
partnership, or association, or any other legal entity.
REGISTRATION: Issued by the Town in accordance with the provisions of this
Chapter.
PUBLIC WAY PERMIT: Such permit as is prescribed by Title 8, Chapter 1 of this
Code.
TOWN: Town of Vail, Colorado.
4 -7 -2: CONTRACTOR REGISTRATION:
A. Registration Required: All contractors shall be registered under the terms and
provisions of this Chapter, prior to undertaking any construction work or contract
and /or applying for any type of permit required by applicable State statutes or Town
ordinances.
B. Exemption to Registration: Any person may make application for a building permit
to do such person's own construction work on any dwelling unit that such person
occupies whether owned by him /her or leased, without being registered when such
work is limited to minor alterations, maintenance, and decorating, providing such
work does not alter or affect the structural integrity of the building.
C. Registration is Not a License or Certification: The registration of a contractor by
the Town neither expresses nor implies any level of qualification, competency,
licensing, certification or other assessment of the contractor's ability to complete
contracted work.
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4 -7 -3: ISSUANCE:
A. Forms: Registration forms shall be available at the Community Development
Department office.
B. Registration Information: Registration information shall consist of the business
name, name of the principal party /business owner, current mailing address,
electronic mail address, and telephone number. Electrical and plumbing contractors
shall provide their current registration numberwith the State of Colorado Department
of Regulatory Agencies, Division of Registrations. Fire protection contractors shall
provide their Vail Fire and Emergency Services contractor registration number.
4 -7 -4: FEE SCHEDULE:
The registration fees applicable to the registrations enumerated in this Chapter shall
be as adopted by the Town Council annually and shall be set forth on the schedule
of fees maintained in the Community Development Department office.
4 -7 -5: PERIOD OF VALIDITY:
The registration of a contractor shall be valid for a maximum of three years and shall
expire on April 30 of the expiration year.
4 -7 -6: PROOF OF REGISTRATION
All contractors shall provide proof of registration upon request by the Building
Official.
4 -7 -7: INSURANCE
A. Insurance Required: All contractors shall maintain proof of insurance under the
terms and provisions of this Chapter while applying for a permit or undertaking
construction work.
B. Insurance Types and Amounts: Every contractor granted registration under the
provisions of this Chapter shall maintain the following minimum types and amounts
of insurance:
1. Employee liability.
2. Worker's compensation.
3. Public liability with the following limits:
a. Option 1: one million dollars ($1,000,000.00) in the aggregate, for
bodily injury and one million dollars ($1,000,000.00) in the aggregate,
for property damage.
b. Option 2: combined single limit of one million dollars ($1,000,000.00).
C. Excavation Contractors: Excavation contractors shall to have at least twenty five
thousand dollars ($25,000.00) worth of "XCU" (explosion, collapse, underground)
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insurance in addition to the required general liability and worker's compensation
insurance.
4 -7 -8: PROOF OF INSURANCE:
All contractors shall provide proof of insurance upon request by the Building Official.
4 -7 -9: CONTRACTOR RESPONSIBILITY:
A contractor shall be responsible for all construction work included in the permit or
undertaking whether or not such work is done by such person directly or by a
subcontractor.
4 -7 -10: VIOLATION AND PENALTY:
A. Violation: It is a violation of this Chapter for any person to violate any provision or
to fail to comply with any of the requirements of this Chapter and to commit any of
the following acts:
1. Applying for permits or undertaking construction work without a valid
registration when required.
2. Failure to provide proof of registration upon request by the Building
Official.
3. Fraudulent use of a registration to obtain permits for another person, firm,
or corporation.
4. Applying for permits or undertaking construction work not entitled under
one's respective registration.
5. Failure to obtain a permit for construction work when required.
6. Failure to obtain inspections for construction work when required.
7. Failure to maintain proof of insurance as required by this Chapter while
applying for permits or undertaking construction work.
8. Failure to provide proof of insurance upon request by the Building Official.
9. Failure to maintain construction site grounds and structures in a clean and
safe manner, or causing damage to property adjoining the construction site.
10. Any violation of Town ordinances or codes governing construction work.
B. Construction Work without a Valid Registration: If the Building Official determines
that a person has undertaken construction work without a valid registration as
required by this Chapter, said person must register as a contractor and shall pay a
fine in an amount equivalent to two times the adopted registration fee.
C. Revocation or Suspension of Registration; Nullification of Permits: If the Building
Official determines that a person has acted in violation of the provisions of this
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Chapter the Building Official shall waive, for good cause shown, any penalty; issue a
warning; revoke or suspend the registration of said person for whatever time it
deems reasonable; and /or nullify any associated permits filed in degradation of this
Chapter.
D. Remedies Not Exclusive: In addition to the remedies expressly provided by this
chapter, the Town may pursue any other remedies available at law or in equity.
E. Other Penalty: In addition to any other penalty provided in this chapter, any person
who violates any provision of this chapter shall be subject penalty as provided in
Section 1 -4 -1, General Penalty, of this Code.
4 -7 -11: APPEALS:
A. Appeal of Building Official Actions:
1. Authority: The Board of Appeals shall have the authority to hear and
decide appeals from any order, decision, determination or interpretation by
the Building Official with respect to the provisions of this Chapter.
2. Initiation: An appeal may be initiated by any resident, property owner, or
contractor adversely affected by any order, decision, determination or
interpretation by the Building Official with respect to the provisions this
Chapter. The Town Council may also call up a decision of the Building
Official by a majority vote of those town council members present.
3. Procedures: A written notice of appeal must be filed with the Community
Development Department within twenty (20) calendar days of Building
Official's decision. If the last day for filing an appeal falls on a Saturday,
Sunday, or a town observed holiday, the last day for filing an appeal shall be
extended to the next business day. In the event of an appeal, the Board of
Appeals, after receiving a report by the Building Official, may confirm,
reverse, or modify the action of the Building Official. Failure of the Board of
Appeals to act within forty (40) days of the filing of an appeal shall be
deemed concurrence in the action of the Building Official. The filing of such
notice of appeal will require the Building Official to forward to the Board of
Appeals at the next regularly scheduled meeting a summary of all records
concerning the subject matter of the appeal and to send written notice to the
appellant at least fifteen (15) calendar days prior to the hearing. A hearing
shall be scheduled to be heard before the Board of Appeals on the appeal
within forty (40) calendar days of the appeal being filed. The Board of
Appeals may grant a continuance to allow the parties additional time to
obtain information. The continuance shall be allowed for a period not to
exceed an additional thirty (30) calendar days. Failure to file such appeal
shall constitute a waiver of any rights under this chapter to appeal any order,
decision, determination or interpretation by the Building Official.
4. Findings: The Board of Appeals shall on all appeals make specific findings
of fact based directly on the particular evidence presented to it. These
findings of fact must support conclusions that the standards and conditions
imposed by the requirements of this Chapter have or have not been met.
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B. Appeal of Board of Appeals Actions:
1. Authority: The Town Council shall have the authority to hear and decide
appeals from any order, decision, determination or interpretation by the
Board of Appeals with respect to the provisions of this Chapter.
2. Initiation: An appeal may be initiated by any resident, property owner, or
contractor adversely affected by any order, decision, determination or
interpretation by the Board of Appeals with respect to the provisions this
Chapter. The Town Council may also call up a decision of the Board of
Appeals by a majority vote of those town council members present.
3. Procedures: A written notice of appeal must be filed with the Community
Development Department within twenty (20) calendar days of Board of
Appeals decision. If the last day for filing an appeal falls on a Saturday,
Sunday, or a town observed holiday, the last day for filing an appeal shall be
extended to the next business day. In the event of an appeal, the Council,
after receiving a report by the Board of Appeals, may confirm, reverse, or
modify the action of the Board of Appeals. Failure of the Council to act within
forty (40) days of the filing of an appeal shall be deemed concurrence in the
action of the Board of Appeals. The filing of such notice of appeal will
require the Board of Appeals to forward to the Town Council at the next
regularly scheduled meeting a summary of all records concerning the subject
matter of the appeal and to send written notice to the appellant at least
fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled
to be heard before the Town Council on the appeal within forty (40) calendar
days of the appeal being filed. The Town Council may grant a continuance to
allow the parties additional time to obtain information. The continuance shall
be allowed for a period not to exceed an additional thirty (30) calendar days.
Failure to file such appeal shall constitute a waiver of any rights under this
chapter to appeal any order, decision, determination or interpretation by the
Board of Appeals.
4. Findings: The Town Council shall on all appeals make specific findings of
fact based directly on the particular evidence presented to it. These findings
of fact must support conclusions that the standards and conditions imposed
by the requirements of this Chapter have or have not been met.
C. Appeal Of Town Council Actions: The final decision of the Town Council with
respect to any appeal pursuant to this chapter may be appealed to an appropriate
court pursuant to rule 106(a)(4) of the Colorado Rules of Civil Procedure. The Town
of Vail Municipal Court shall not have jurisdiction over such civil action.
SECTION 2. If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Vail Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the
fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 3. The Vail Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
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inhabitants thereof. The Council's finding, determination and declaration is based upon the review
of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in
consideration of this ordinance.
SECTION 4. The amendment of any provision of the Town Code of Vail as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred
prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding
as commenced under or by virtue of the provision amended. The amendment of any provision
hereby shall not revive any provision or any ordinance previously repealed or superseded unless
expressly stated herein.
SECTION 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED
ONCE IN FULL ON FIRST READING this 1S day of February, 2011 and a public hearing forsecond
reading of this Ordinance set for the 15 day of February, 2011, at 6:00 p.m. in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
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