HomeMy WebLinkAbout2020-12 Relating to Contract Registration, and Enacting a New Section 10-1-14 of the Vail Town Code, Relating to the Board of Appeals10/29/2020
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ORDINANCE NO. 12
SERIES 2020
AN ORDINANCE REPEALING AND REENACTING CHAPTER 7 OF TITLE 4 OF THE VAIL
TOWN CODE, RELATING TO CONTRACTOR REGISTRATION, AND ENACTING A NEW
SECTION 10-1-14 OF THE VAIL TOWN CODE, RELATING TO THE BOARD OF APPEALS
WHEREAS, the current version of Title 4 of Chapter 7 of the Vail Town Code, relating to
contractor registration, was originally adopted in 1977 and last updated in 2011;
WHEREAS, the Community Development Department is charged with administering the
provisions of Title 4 of Chapter 7 of the Vail Town Code;
WHEREAS, the Town wishes to update the contractor registration requirements to allow
the Building Official to evaluate every contractor proposing to perform construction work in the
Town, and only register those persons who have achieved minimum certification;
WHEREAS, previously, the Code section establishing the Board of Appeals was included
in Chapter 7 of Title 4 of the Vail Town Code, but should be located within Title 10 of the Vail
Town Code; and
WHEREAS, the Vail Town Council finds it in the best 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 Chapter 7 of Title 4 of the Vail Town Code is hereby repealed in its entirety
and reenacted as follows:
CHAPTER 7
CONTRACTOR REGISTRATION
4-7-1: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
BOARD: The Building and Fire Code Appeals Board or Board of Appeals as
defined in the International Building Code, as adopted by the Town.
BUILDING OFFICIAL: The Building Official as defined in the current version of the
Building Code adopted by the Town, or designee.
CONSTRUCTION WORK: Any new construction, additions, repairs, alterations,
installations, demolition, removal, conversions, replacements or renovations of any
building or structure, or excavation in the Town that requires a permit.
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CONTRACTOR: A person that undertakes or offers to undertake for another
construction work, including without limitation a general contractor, plumbing
contractor, mechanical contractor, electrical contractor, excavation contractor,
demolition contractor, fire protection contractor, roofing contractor or
subcontractor.
PERMIT: A building permit or other permit authorizing construction work in the
Town.
4-7-2: REGISTRATION:
A. Every contractor performing construction work in the Town shall be
registered under this Chapter prior to undertaking any construction work or
applying for a permit.
B. A contractor will be considered to be registered under this Chapter if the
contractor is employed by a company, corporation or organization in which at least
one person also employed by that company, corporation organization is registered.
If the sole person registered as a contractor in any company, corporation or
organization leaves the employment of that company, corporation or organization,
the company, corporation or organization shall register a different employee under
this Chapter within 90 days.
C. Any contractor holding a current, valid registration as of the date of the
ordinance codified in this Chapter shall not be required to comply with this Chapter
until the existing registration is required to be renewed.
D. The registration of a contractor under this Chapter does not express or imply
any level of qualification, competency, or other assessment of the contractor’s
ability to perform construction work.
4-7-3: CLASSIFICATION:
A. Each contractor shall be classified according to the type of work they
perform and shall register under such classification. A list of contractor
classification types shall be maintained by the Community Development
Department.
B. A list of the type of construction work that may be performed by each class
of contractor shall be maintained by the Community Development Department.
Each contractor shall perform only the type of work so authorized.
C. Any person may make an application for registration as a homeowner
contractor without a license or certification provided that the construction work is
specifically for the dwelling unit solely owned by the applicant, being performed
solely by the applicant, and the construction work does not alter or affect the
structural integrity, means of egress, electrical systems, or plumbing systems of
the unit, building or structure.
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4-7-4: APPLICATION AND REGISTRATION:
A. Application: Applications for contractor registration shall be completed at
www.vail.onlinegovt.com, or a successor location designated by the Town. At a
minimum, the application shall include:
1. The business name, name of the principal party/business
owner/certification holder;
2. A current mailing address, valid electronic mail address, and valid
phone number;
3. The applicable application fee, as set by resolution of the Town
Council;
4. Proof of insurance as required by Section 4-7-5;
5. Proof of certification/licensing and training as required by Section 4-
7-6;
6. For Electrical Contractors and Plumbing Contractors, a copy of their
license or current license number as provided by the State of Colorado Department
of Regulatory Agencies; and
7. For Fire Suppression Contractors and Fire Alarm Contractors, a copy
of their license or current license number as provided by the State of Colorado
Department of Fire Prevention and Control.
B. Registration: Upon receipt of a complete application and the applicable fee,
the Building Official shall register the contractor.
C. Expiration: Each registration shall be valid until April 30th of the third year
following the year of registration.
4-7-5: INSURANCE:
A. Each contractor shall always be covered by the following insurance while
performing construction work in the Town, at a minimum:
1. Worker's compensation insurance as required by law;
2. Commercial General Liability insurance with minimum combined
single limits of $1,000,000 each occurrence and $2,000,000 general aggregate,
applicable to all premises and operations, and shall include coverage for bodily
injury, broad form property damage, personal injury (including coverage for
contractual and employee acts), blanket contractual, products, and completed
operations.
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B. Proof of insurance shall be provided to the Town upon each application for
registration, and upon request at any other time.
4-7-6: CERTIFICATION AND TRAINING REQUIREMENTS:
A. Each registered contractor shall maintain current certification(s). The
current certification requirements for each classification of contractor shall be
maintained by the Community Development Department.
B. Each contractor shall observe the training requirements of the Town. The
current training requirements for each classification of contractor shall be
maintained by the Community Development Department.
C. A Homeowner Contractor shall be exempt from the training and certification
requirements of this Section.
D. While performing construction work in the Town, all registered contractors
shall comply with all applicable laws, ordinances, rules and regulations.
4-7-7: SUSPENSION OR REVOCATION:
A. The Building Official may, for unskillfulness, carelessness, willful violation
of any lawful directions or orders by the Building Official, or any violation of law,
order the temporary suspension or permanent revocation of a contractor's
registration, following notice and a hearing as provided in this Section.
B. Written notice of the hearing shall be given to the contractor at least seven
(7) days before the hearing. The notice shall contain a brief statement of the
reason for the proposed suspension or revocation. Such notice shall be given
either personally or by certified first class U.S. mail to the address on file with the
Town.
C. At the hearing, the Building Official shall hear and consider such statements
and such evidence as deemed relevant to the violation alleged in the notice. The
contractor may appear to contest the suspension or revocation of the license.
D. Within ten (10) days of the hearing, the Building Official shall issue a written
order, including findings of fact. A copy of the order shall be mailed to or served
on the contractor at the address on file with the Town.
4-7-8: VIOLATION AND PENALTY:
A. It is unlawful to violate any provision of this Chapter. Any person who
violates any provision of this Chapter is subject to the penalty set forth in Section
1-4-1 of this Code.
B. In addition to any other applicable penalty, if the Building Official determines
that a person has undertaken construction work in the Town without a valid
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registration as required by this Chapter, and such person wishes to continue such
construction work, such person shall first register as a contractor under this
Chapter, but the application fee shall be twice the amount otherwise due.
Section 2. Chapter 1 of Title 10 of the Vail Town Code is hereby amended by the
addition of the following new Section 10-1-14:
10-1-14: APPEALS:
A. Appeal of Building Official Actions:
1. Authority: The Building and Fire Code Appeals Board 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 Code.
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 of this Code.
Failure to file a timely appeal shall constitute a waiver of any rights under this
Chapter to appeal any order, decision, determination or interpretation by the
Building Official.
3. Procedure:
i. A written notice of appeal shall be filed with the Community
Development Department within fourteen (14) days of the Building Official’s
decision. Upon the filing of the appeal, the Building Official shall forward all
records concerning the subject matter of the appeal to the Board.
ii. The appeal shall be considered by the Board at its next regularly
scheduled meeting.
iii. The Board may affirm, reverse, or modify the action of the Building
Official, or schedule a hearing. Failure of the Board to act within fourteen
(14) days of receipt of the appeal information shall be deemed concurrence
with the action of the Building Official.
iv. If a hearing is deemed necessary, it shall be held within thirty (30)
days of the first consideration by the Board. Written notice shall be sent to
the appellant a minimum of fourteen (14) days prior to the scheduled
hearing. The Board may grant one continuance of the hearing of up to thirty
(30) days.
4. Findings: The Board shall, on all appeals, make findings of fact
based on the evidence presented, as to how the requirements of the applicable
Code have or have not been met.
B. Appeal of Building and Fire Code Appeals Board Actions:
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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.
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. Failure to file a timely appeal shall
constitute a waiver of any rights under this Chapter to appeal any order, decision,
determination or interpretation by the Board of Appeals.
3. Procedure:
i. A written notice of appeal shall be filed with the Community
Development Department within fourteen (14) days of the Board’s decision.
Upon the filing of the appeal, the Board shall forward all records concerning
the subject matter of the appeal to the Town Council.
ii. The Town Council shall hear the appeal at its next regular meeting.
iii. The Town Council may confirm, reverse or modify the action of the
Board.
5. Decision: The Town Council may affirm, reverse or modify the action
of the Board. The Town Council shall make findings of fact based the evidence
presented.
6. Final Decision: The decision of the Town Council shall be final,
subject only to judicial review by a court of competent jurisdiction under C.R.C.P.
106(a)(4).
Section 3. The changes adopted by Section 1 of this Ordinance shall become effective
on or after May 1, 2021. The changes adopted by Section 2 of this Ordinance shall become
effective on or after November 1, 2020.
Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this ordinance; and the 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 5. The amendment of any provision of the Vail Town Code 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 ordinance previously repealed or superseded unless
expressly stated herein.
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Section 6. 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 6th day of October, 2020 and a public
hearing for second reading of this Ordinance is set for the 20th day of October, 2020, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
20th day of October, 2020.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk