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HomeMy WebLinkAbout08890ORDINANCE NO. 8890 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO BUILDING DEPARTMENT ADMINISTRATION AND CONTRACTOR LICENSES AND PROVIDING PENALTIES AND REMEDIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted; underscoring indicates matter being added); SECTION 1. Section 2 of Chapter 1, Title IV of the Pueblo Municipal Code, as amended, is hereby amended to revise subsection (e) of Section 4-1-2 to read as follows: Sec. 4-1-2. Definitions. . . . (e) Major codes means the International Building Code as adopted with amendments by Chapter 2 of this Title, herein International Building Code; the International Residential Code as adopted with amendments by Chapter 6 of this Title; herein International Residential Code, the National Electrical Code as adopted with \[\] amendments by Chapter 3 of this Title, herein National Electrical Code; the Uniform International Plumbing Code as adopted with amendments by Chapter 4 of this Title, \[\] International herein Uniform Plumbing Code; and the International Mechanical Code as adopted with amendments by Chapter 5 of this Title, herein International Mechanical Code. . . . SECTION 2. Section 12 of Chapter 1, Title IV of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 4-1-12. Applications for examinations. Any person who desires to be licensed or registered to engage in the construction business or to perform construction work, for whom a license or registration is required by this Code or any major code or minor code shall apply to the Building Official \[for an examination\] on application forms furnished by the Department. The completed application form shall include the name of the applicant, the applicant's home and business addresses and a brief resume of the applicant's education, training and \[ experience or such other information as may be reasonably required by the Board. The application shall be accompanied by the appropriate examination or registration fee, no part of which shall be refunded unless the applicant shall withdraw the application in writing at least twenty-four (24) hours before the examination. If any applicant requests a special meeting of a Board, the applicant shall pay an additional fee at least equal to the \] normal examination fee. SECTION 3. Section 14 of Chapter 1, Title IV of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: \[\] Section 4-1-14. – Reexaminations.Reserved \[ If a licensed applicant fails to pass an examination, the applicant may apply for reexamination after thirty (30) days and upon paying another examination fee. If an applicant fails to pass the second time, the applicant may apply for reexamination after ninety (90) days from the date of the second examination and upon paying another examination fee. If such applicant fails to pass the third time, the applicant may apply for reexamination at six-month intervals following the date of each subsequent examination upon paying another examination fee. In any case where an applicant fails to pass an examination, the applicant may request that the appropriate Board review the examination, the answers and grade by written request delivered to the Department \] within (10) ten days after the applicant receives notice of such failure. SECTION 4. Section 15 of Chapter 1, Title IV of the Pueblo Municipal Code, as amended, is hereby amended to revise Subsection (b)(2) of Section 4-1-15 to read as follows: Sec. 4-1-15. – License fees and expiration dates. . . . (2) Application fee. An application fee as set by City Council shall be paid when an application is submitted to the Department. After review and acceptance of the \[\] . application, the applicant will be notified of the outcome and available test dates. . . . SECTION 5. Section 21 of Chapter 1, Title IV of the Pueblo Municipal Code, as amended, is hereby amended to revise Subsections (5) and (6) of Section 4-1-21 to read as follows: Sec. 4-1-21. – Building contractors. . . . \[ (5) Wrecking. All wrecking of buildings or structures shall be performed by a licensed specialty wrecking contractor, provided, however, that a licensed or registered contractor may remove or demolish all or portions of a building or building structure where such demolition or removal is a portion of a plan of alteration or remodeling of the \] building or structure. \[\] (5) 6 Apprentices. Apprentices or trainees employed to assist a licensed building contractor need not be licensed, provided such apprentice or trainee performs such work under the supervision of the contractor or an employee of the contractor qualified to perform such work. A licensed contractor who employs any apprentice or trainee shall be responsible for the work performed by such apprentice or trainee. SECTION 6. Section 23 of Chapter 1, Title IV of the Pueblo Municipal Code, as amended, is hereby amended to revise Subsections (a) (e) and (f) of Section 4-1-23 to read as follows: Sec. 4-1-23. – Plumbing contractors. (a) It shall be unlawful for any person to perform plumbing work or engage in the business of a plumbing contractor in the City without first being currently registered as a plumbing contractor with the Department. A person may be registered as a contractor’s plumbing contractor upon showing a current Colorado plumbing license and the name and address of the master plumber under whose name the contractor qualified. No plumbing contractor shall be registered by the Department until the contractor pays an annual registration fee and complies with the service of process and insurance requirements of this Code. . . . \[ (e) It shall be unlawful for any person not registered as a plumbing contractor to engage in the business of a water-connected appliance contractor without first being licensed by the Plumbing Board of Appeals. A water-connected appliance contractor includes any person who engages in the business of installing one (1) or more of the following: ice-cube makers, lawn sprinkler systems, water softeners or humidifiers. A person may be licensed to install one (1) or more of these items, but in no event shall such license authorize the licensee to connect to or install waste, drain or venting piping. A person licensed as a plumber, master plumber, journeyman plumber or residential plumber by the State may be licensed as a water-connected appliance contractor \] without examination. \[\] (e) (f) It shall be unlawful for any person not registered as a plumbing contractor to engage in the business of a plumbing utility contractor without first being licensed therefor by the Plumbing Board of Appeals. A plumbing utility contractor includes any person who engages in the business of installing one (1) or more of the following: water services lines, building sewers, private fire mains and similar specialty plumbing installations. A person may be licensed to install one (1) or more of such items, but in no event shall such license authorize the licensee to install waste, drain or venting piping. A person licensed as a plumbing contractor or master plumber by the State may be licensed as a plumbing contractor to install water service lines and building sewers without examination. In addition, the plumbing utility contractor must meet any related public works requirements. SECTION 7. Section 24 of Chapter 1, Title IV of the Pueblo Municipal Code, as amended, is hereby amended by deleting Subsection (f)(7) of Section 4-1-24 as follows: Sec. 4-1-24. – Mechanical contractors. . . . \[ (7) Mechanical Contractor-D (Limited). The holder of this license is authorized to perform any one (1) of or a combination of four (4) of the following trades: gas piping, sheet metal, air conditioning or refrigeration work in any manufactured or modular home set-up. No mechanical appliances are authorized to be installed with this \] license. SECTION 8. Section 25 of Chapter 1, Title IV of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 4-1-25. - Stationary engineers. (a) It shall be unlawful for any person to have charge of or operate any steam boiler or steam engine, either stationary or portable, except an automatically fired, low pressure hot water and low pressure steam boiler, installed under provisions of this Code within the City without first having obtained the appropriate registration from the Mechanical Board of Appeals of the Department or for any owner or user to place any person in charge of a steam boiler or steam engine, either stationary or portable, unless such person placed in charge is a duly registered stationary engineer. A person may be registered as a stationary engineer upon showing proof of a current stationary engineer's license. No stationary engineer shall be registered by the Department until the annual registration fee has been paid. Engineers and boiler tenders operating locomotives under the Interstate Commerce Commission or Surface Transportation Board regulations shall be exempt from the requirements of this Section. \[ (b) For purposes of this Section, a low pressure hot water and low pressure steam boiler is a boiler furnishing hot water at temperatures not exceeding two hundred fifty degrees Fahrenheit (250º F) or steam at pressures not more than fifteen (15) pounds per square inch. (c) Every registration issued under this Section shall be displayed in some conspicuous place near the boiler, engine or plant, where it may be readily seen at all times. Failure or neglect to comply with this Section shall be deemed a violation of this Code. (d) Any registration issued under this Code may be suspended or revoked by the Mechanical Board of Appeals for failure of the registrant to properly operate any boiler in accordance with industry standards or for carrying higher steam or other pressure than allowed by law, for failing to properly post the registration or other neglect or incapacity. (e) Every person holding a registration under this Section shall assist the State Boiler Inspector in the inspection of any boiler under such person's charge and shall point out defects and imperfections in the boilers and machinery which are known to such person. It shall also be the duty of every person holding a registration, before vacating any position as engineer, to provide such person's employer and the Building Official with at least one (1) week's advance notice of such intention. Any failure to comply with the provisions of this Section may result in suspension or revocation of the \] registration of the person failing to comply. \[\] (b) (f) All steam boilers and other steam-generating plants or apparatus now installed or to be installed in the City shall be inspected and tested by the State Boiler Inspector under the Colorado State boiler inspection law. \[\] EXCEPTION: Low Pressure Steam Boilers. \[ (g) No steam boiler shall be installed in the City which is automatically fired unless there is a registered operator on duty at all times while such boiler is in operation, unless, however, the same is equipped with a low water cut-out and such low water cut- out, or a device to maintain a constant water level, is kept in such condition to operate \] automatically at all times. SECTION 9. The adoption of this Ordinance shall not create any duty to any person, firm, corporation, or other entity with regard to the enforcement or nonenforcement of this Ordinance. No person, firm, corporation, or other entity shall have any private right of action, claim or civil liability remedy against the City of Pueblo or the Pueblo Regional Building Department, or their officers, employees or agents, for any damage arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance. Nothing in this Ordinance shall be construed to create any liability, or to waive any of the immunities, limitations on liability, or other provisions of the Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., or to waive any immunities or limitations on liability otherwise available to the City of Pueblo or the Pueblo Regional Building Department, or their officers, employees or agents. SECTION 10. 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. SECTION 11. It shall be unlawful and a municipal offense for any person, firm, partnership, corporation, limited liability company or other entity to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Ordinance. Any person found guilty of a violation of this Ordinance shall be punished as provided in Section 4-1-26 of the Pueblo Municipal Code, as amended. In addition thereto, the City is authorized to enforce this Ordinance through the exercise of any one or more of the remedies set forth in Section 4-1- 26 of the Pueblo Municipal Code, as amended, which remedies are hereby expressly declared to be cumulative, the exercise of any one or more not constituting any bar or limitation to the exercise any other. SECTION 12. This Ordinance shall become effective 30 days after final passage. INTRODUCED: June 22, 2015 BY: Chris Nicoll PASSED AND APPROVED: July 13, 2015 City Clerk’s Office Item # R-5 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 22, 2015 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: David C. Vaughn, Building Official SUBJECT: AN ORDINANCE AMENDING CHAPTER 1 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO BUILDING DEPARTMENT ADMINISTRATION AND CONTRACTOR LICENSES AND PROVIDING PENALTIES AND REMEDIES FOR THE VIOLATION THEREOF SUMMARY: Attached is an Ordinance which makes revisions to Chapter 1 of Title IV relating to the administration of the building department and contractor licenses. PREVIOUS COUNCIL ACTION: City Council has routinely adopted updates to building regulations on roughly a six-year cycle. Generally the changes conform to changes in the national and international building codes, however, local modifications are made following input from local stakeholders. BACKGROUND: This Ordinance is necessitated by the adoption of the most current codes by other ordinances accompanying this Ordinance. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Regional Building Department recommends approval of the Ordinance. STAKEHOLDER PROCESS: The Pueblo Association of Homebuilders and the Pueblo General Contractors Association have not raised any objections to the changes to Chapter 1 or to this proposed Ordinance. ALTERNATIVES: Failure to enact this Ordinance results in the City operating under building codes which are not the most recent national or international codes. This could result in a lowering of the building department’s Insurance Services Office, Inc. (“ISO”) rating. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance