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ORDINANCE NO. 6291
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE IV OF
THE 1971 CODE OF ORDINANCES RELATING TO
CONTRACTORS LICENSES AND ADMINISTRATION AND
PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate
matter deleted; underscoring indicates new matter being added.)
SECTION 1.
Section 1 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is
hereby amended to read as follows:
4 -1 -1: Title.
This Chapter shall be known as the [ "Contractors Administrative and Licensing
Code, "] "Building Department Administration and Contractor's Licensing Codes." may be
cited as such, and may be referred to herein as "this Code."
r SECTION 2.
Section 2 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
4 -1 -2: Definitions.
(a) Department means the Pueblo Regional Building Department.
(b) Commission means the Pueblo Regional Building Commission.
(c) Building Official means the Building Official appointed by the Commission or
[his or her] the Building Official's authorized representative.
(d) Chief Inspector means the person designated by the Building Official as the
Chief Inspector for each of the major codes.
(e) Major Codes means the Uniform Building Code as adopted with amendments
by Chapter 2 of this Title, herein Uniform Building Code; the National Electrical Code as
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adopted with amendments by Chapter 3 of this Title, herein National Electrical Code; the
Uniform Plumbing Code as adopted with amendments by Chapter 4 of this Title, herein
Uniform Plumbing Code; and the Uniform Mechanical Code as adopted with amendments
by Chapter 5 of the this Title, herein Uniform Mechanical Code.
(f) Minor or secondary [building] codes shall mean any other building code which
is adopted by reference, directly or indirectly. in whole or in part by ordinance or by
express provisions of a major code including_ without limitation, the Uniform Sign Code
as adopted with amendments by Chapter 9 of this Title, herein Uniform Sign Code;
Antennas and Masts Regulations, Chapter 6 of this Title, herein Antennas and Masts
Regulations; Unsafe Structures Regulations, Chapter 7 of this Title, herein Unsafe
Structures Regulations; Steam Boilers Regulations, Chapter 8 of this Title, herein Steam
Boilers Regulations; the Uniform Housing Code as adopted with amendments by Chapter
1 of Title VIII of this Code, herein Uniform Housing Code; and the Colorado Model
Energy Efficiency Construction and Renovation Standards for Non - Residential Buildings
and the Colorado Recommended Energy Conservation Performance Code for New
Construction and Renovation of Residential Buildings as adopted with amendments by
Chapter 10 of this Title, herein Energy Code.
(g) Agreement means the amended agreement entered into August 10, 1981, by
and between the City of Pueblo, Colorado, a municipal corporation and the Board of
County Commissioners of the County of Pueblo, Colorado pursuant to resolution and
ordinance duly adopted and under the authority of Section 29 -1 -203, C.R.S. Whenever
the phrase "Board of Appeals" appears in Title IV of the 1971 Code of Ordinances or in
any major or minor or secondary, code, the same shall be taken and construed to mean the
ap Board of Review created by the Agreement which created the Pueblo Reg_ipnal
Building Department.
(h) Board means the Electrical Board of Review, Plumbing Board of Review,
Mechanical Board of Review or the Building Board of Review established by paragraphs
12 and 13 of the Agreement as the context of this Chapter or the Agreement so requires.
(i) Person means [an individual] a natural person 18 years of age or older or an
organization.
0) Organization means a corporation, trust, partnership or association, two (2) or
more persons having a joint or common interest, or any other legal or commercial entity.
(k) City means the City of Pueblo, Colorado, a municipal corporation.
(1) County means the Board of County Commissioners of the County of Pueblo,
Colorado or the County of Pueblo.
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(m) Construction work means and includes any and all work or services
performed or to be performed in the building, constructing, altering, renovating,
modifying, repairing, moving, wrecking, demolishing or adding additions to any building,
or structure.
(n) Construction business means engaging in, undertaking or offering to undertake
the performance of construction work.
(o) Administrative authority, responsible official, Building Official, Chief
Inspector, Code Enforcement Officer, or other similar term used in this Chapter or any
major code or minor code shall be construed to mean the Building Official or [his or her]
the Building Official's authorized representative where the context so requires or the
source so indicates.
(p) Deputy, assistant, authorized representative, or other similar term used in this
Chapter or any major code or minor code shall be construed to mean the authorized
representative of the Building Official where the context so requires.
(q) Supporting authority, governing body, jurisdictional authority or other similar
term used in this Chapter or any major code or minor code shall be construed to mean the
City or the Department where the context so requires or the source so indicates.
(r ) Jurisdiction used in this Chapter or any major or minor code shall be
construed to mean the City of Pueblo Colorado
SECTION 3.
Section 4 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
4 -1 -4 Building Official.
The Building Official is hereby authorized, empowered and directed to interpret
and enforce all provisions of this Chapter and each major code or minor code.
Permits issued for the construction work authorize the construction work
performed pursuant to the requirements of this Title and do not create any right or ve
any property interest in the person to whom the permit is issued (the "Permittee ") or the
owner of the property upon which the construction work is to be performed (,�
"Owner "), i Tpon receipt of written notice by the Department signed by the Owner or the
general contractor if the Permittee is a su bcontractor. that the Permittee has been
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discharged from further performance of the construction work, or has abandoned the
construction work the Building Official shall cancel the permit and notify the Permittee in
writing by first class mail addressed to the Permittee at the Permitte's address appearin on
the permitt that the permit has been canceled.
SECTION 4.
Section 5 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
4 -1 -5: Chief Inspector.
The Building Official shall designate a Chief Inspector of each major code. The
Chief Inspector of each major code subject to the direction and authority of the Building
Official is hereby authorized to interpret and enforce all provisions of the major codes for
which [he or she] the Chief Inspector is appointed Chief Inspector. The Chief Inspector's
intemretation under such code. shall be final unless awealedm the Board of Review for
such code. The Building Official or the Building Official's authorized representative shall
be the Chief Inspector of the Uniform Building Code and all minor codes and is authorized
to interpret and enforce the Uniform Building Code and all minor codes.
SECTION 5.
Section 6 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
4 -1 -6: BOARD OF [REVIEW] APPEALS
The Board of [Review] — A ppeals of each major and minor code is hereby
authorized, empowered and directed to perform the duties set forth in the agreement and
this Chapter.
SECTION 6.
Section 7 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
4 -1 -7: Reports and records.
The Building Official shall keep complete records of all licenses, permits,
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inspections, reinspections, fees and other monies collected and other official actions
performed under the agreement or this Chapter. The Building Official or the Building
Officials duly authorized representative shall act as secretary to the Commission and
Boards of [Review] Appeals and keep an accurate and permanent record of all
proceedings before the Commission and Boards of Review. All records and reports of the
Department shall be public records.
SECTION 7.
Section 8 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
4 -1 -8: [Fees and charges.] APPEALS AND AUTHORITY OF BOARD OF
APPEALS
[All fees and charges for licenses, examinations, permits, inspections, re-
inspections or other services or activities performed by the Department shall be established
by the Commission after adoption by the City and County. Unless specifically provided
otherwise in this Chapter, no fee or charge shall be prorated or refunded.]
(a) Any person aggrieved by any decision or order of the Building Official or the
Building Official's authorized representative or any chief inspector relating to the
enforcement or interpretation of this Code or any minor code or major code may appeal
such decision or order to the appropriate Board of Appeals. Every such appeal shall be
perfected within 10 calendar days of the date of the decision or order appealed from by
filing with the Building Official in duplicate a written appeal upon a form to be provided
by the Department and the payment of an appeal fee. The appeal shall state the decision
or order being appealed. The Building Official shall upon receipt thereof transmit to the
appropriate Board the written appeal and all related Department records.
A perfected appeal shall not stav anv action or proceedings in cane ion with
the decision or order appealed from, unless and until the Building Official shall certify in
writing to the appropriate Board that performance of the work in violation or contrary to
the order or decision would not increase the hazard to the health or safety of persons or
property. In that event, all actions and proceedings in connection with the decision or
order shall be stayed until ordered otherwise by the Board or a court of competent
jurisdiction. Any work performed in violation of or contrary to the decision or order
appealed from shall be removed or corrected if the Board affirms such decision or order
The fact that such work continued after the issuance of the order or decision and pending
appeal shall not be considered by the Board as a mitigating or extenuating circumstance
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(c) The Board shall set a time and place for a hearing on tfie appeal which shall
not be more than 30 days after perfection of the appeal. Notice of the hearing shall be
given by the Building_ Official to the appellant by first class mail addressed to the appellant
at the address set forth in the appeal. The hearing shall be open to the public and all
interested persons shall be entitled to be heard. The Board by majority vote of all of its
members may sustain. modify or reverse any appealed decision or order.
d) The Department. the Commission. the appellant and anv other person
aggrieved by the order or decision of the Board may seek review thereof within 30 days
after entry of the Board's order or decision pursuant to Rule 106(a)(4). C.R.C.P, in the
District Court in and for the County of Pueblo. Colorado. Review shall not be extended
further than to determine whether the Board exceeded its jurisdiction or abused its
discretion. The decision or order of the Board shall remain in full force and effect pending
a rh&NAdl riles stayed by r r of the District Court.
(e) A Board of Appeals may grant a variance from the strict terms and provisions
of the involved code to avoid extreme hardship provided such variance can be granted
Udthout increasing the hazards to health or safety of persons or property and if such
variance will not violate the intent and purpose of such code. Mere inconvenience to a
person shall not be grounds for rg anting a variance.
(fl A Board of Appeals is authorized to determine the suitability of alternate
materials, methods or installation under that code which the Board is empowered to
enforce and to recommend to the Commission new legislation relating to such code or this
Chapter.
(g) The Building Official shall enforce and execute all orders and decisions of the
Boards of Appeals.
SECTION 8.
Section 9 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
4 -1 -9: [Licenses required.] OWNER OBTAINED PERMITS
[Except as specifically otherwise provided in this Chapter:
(a) It shall be unlawful for any person to perform construction work or to engage
in the construction business within the City without first having received the appropriate
license, registration, or certificate of competency from the appropriate Board of Review.
(b) It shall be unlawful for any person to hire, employ, contract with or engage
another person to perform any construction work unless the person so hired, employed,
contracted with or engaged to perform construction work shall be licensed or registered as
provided in this Chapter.
(c) Any person who, for hire or gain of any kind, shall hold himself or herself out
to or contract with any other person to do any act for which a license or registration is
required by this Chapter shall be presumed to be engaged in the construction business or
in the performance of construction work.
(d) It shall be unlawful for any person licensed to engage in the construction
business under this Chapter to whom a permit has been issued for construction work at a
construction site to fail to give notice that such person is performing construction work at
such site by posting a notice to that effect in some conspicuous place at the site or by
identifying all trucks or vehicles used at the site with the licensed person's name in legible
letters at least two (2) inches in height.]
The record owner of a single family dwelling or manufactured home including the
usual accessory buildings and quarters used exclusively for living purposes, may perform
construction work on such dwelling or manufactured home without a license provided the
dwelling or manufactured home upon which the work is to be performed will be occupied
by the owner as the owner's principal place of residence, and a permit is issued by the
Department for such work. No building_ permit shall be issued to an owner to construct a
new single family dwelling or manufactured home more often than once every thirty -six
(36) months after the date of the Certificate of Occupancy.
SECTION 9.
Section 10 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
4 -1 -10: [Certificate of competency.] MANUFACTURED STRUCTURES
[(a) The record owner of a single - family dwelling or manufactured home,
including the usual accessory buildings and quarters used exclusively for living purposes,
may perform construction work on such dwelling or manufactured home without a
license, provided (1) the owner demonstrates his or her capability to do such work to the
satisfaction of the Building Official; (2) the dwelling or manufactured home upon which
the work is to be performed will be occupied by the owner as his or her principal place of
residence; and (3) a permit is issued by the Department for such work. No building permit
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shall be issued to an owner for the construction of a new or for the substantial remodeling
of an existing single - family dwelling or manufactured home more often than once every
thirty -six (36) months.
(b) The owner or authorized agent in charge of any property in occupancy
categories A, B, E, H, I, R -1 or rental property in categories R -3 and M as defined in the
Uniform Building Code, as amended, may obtain a building permit to perform
construction work on such property, provided that:
(1) The person designated to perform the work demonstrates competence
to the satisfaction of the Building Official to perform the construction work for
which application is made.
(2) The intended work does not include electrical, plumbing or gas fitting
work.
(3) The proposed work will neither modify nor affect the structural
integrity of the building, nor change the occupancy or construction classification of
the building, nor affect the health, safety and welfare of the building's occupants or
users.
(4) An application for the intended work which describes the scope of the
work to be performed with either sketch plan or written description shall be filed
with the Department.
(c) Nothing contained in this Section shall exempt such owner or his or her
authorized agent from compliance with all applicable codes relating to the standard and
quality of the construction work of the building or structure upon which the work is to be
performed. I
A. Permits Required
The installation of factory built structures shall comply with all applicable
zoning laws and regulations and all provisions of the building code, except that
plans for the Manufactured Housing Units are not required when either of the
following items are provided to the Department.
1 A data compliance sheet for HUD - approved manufactured housing
units.
2 A copy of the Colorado approved label (seal) with the legible factoU-
built certification number.
B. Seal. A Colorado Division of Housing approval label (seal) must be
permanently affixed to each factory -built structure.
C. Inspection and Notice. The National Manufactured Housine Construction and
Safety Standards Act of 1974. 42 USCA. Section 5401 to 5426 and the Colorado
Housing Act of 1980 as amended. Title 24, Article 32, Part 7 of the Colorado Revised
Statutes preempt the Building Code in relation to manufactured structures and therefore
the Department does not inspect them. However -the Department shall inspect the
foundation. installation of utilities. and the installation of the factory built structures to the
foundation.
1. The following notices shall be given to all persons applying g or any
permit relating to manufactured homes and factory built structures from any
agency of the City:
"In accordance with Federal and Colorado law. this manufactured
structure has not been inspected by the Pueblo Regional Building
Department and may or may not meet rgq,uirements of the Pueblo Building
C odes".
It shall be the obligation of the permit applicant to forward this
notice to the owner of the manufactured home or factory built structure."
2. The notice set forth in Subsection 1 above shall be permanently installed
in a visible location by the ep rmit applicant adjacent to the data plate required by
the Federal Act or in the furnace closet on manufactured structures.
S ECTION 10.
Section 11 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
4 -1 -11: [Existing licenses.] LICENSES REQUIRED
[(a) All persons licensed by the City to perform construction work upon the
effective date of this Chapter shall automatically be similarly licensed by the Department
or appropriate Board subject to payment of all required license fees and compliance with
the bond, service of process, and insurance requirements of this Chapter.
701
(b) A person who is not licensed by the City to perform construction work upon
the effective date of the ordinance codified in this Chapter, but who has performed
construction work under permits issued either by the City or the County, may, without
examination, be licensed by the appropriate Board to perform construction work
comparable to his or her past work for which such permits were issued, provided, such
person: (1) makes application for such license on or before December 31, 1982; and (2)
presents to the appropriate board satisfactory evidence of his or her past construction
work and experience in the construction work for which he or she seeks licensing. No
license shall be issued until such person pays all required license fees and complies with
the bond, service of process and insurance requirements of this Chapter.]
Except as specifically otherwise provided in this code:
(A) It shall be unlawful and a Class 1 Municipal Offense for any person to Perform
construction work or to engage in the construction business within the City without first
having received the appropriate license or registration from the appropriate Board.
(b) It shall be unlawful and a Class 1 Municipal Offense for any person to hire,
employ, contract with or engage another person to 1erform any construction work unless the
person so hired, employed. contracted with or engaged to perform construction work shall
be licensed or registered as provided in this code.
(cry person who for hire or gain of any kind, shall hold himself/herself out to or
contract with any other person to do any act for which a license or registration is required by
this Code shall be presumed to be engaged in the construction business or in the performance
of construction work.
(d) It shall be unlawful and a Class 1 Municipal Offense for any person licensed to
engage in the construction business under this Code to whom a permit has been issued for
construction work at a construction site to fail to give notice that such person is performing
construction work at such site by posting a notice to that effect in some conspicuous place
at the site or by identifying all trucks or vehicles used at the site with the licensed persons
name in legible letters at least two (2) inches in height.
(e) It shall be unlawful and a Class 1 Municipal Offense for any person to
advertise in any manner or use the title of a Journeyman, Master. or Contractor without
being licensed or registered in that field of construction as set forth in this Chapter.
SECTION 11.
Section 12 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is
10
hereby amended to read as follows:
4 -1 -12: [Appeals, authority of Boards of Review] APPLICATIONS FOR
EXAMINATIONS
[(a) Any person aggrieved by any decision or order of the Building Official or
any chief inspector relating to the enforcement or interpretation of this Chapter or any
minor code or major code may appeal such decision or order to the appropriate Board of
Review. Every such appeal must be perfected within ten (10) days of the date of the
decision or order appealed from by filing with the Building Official in duplicate a written
appeal upon a form to be provided by the Department and the payment of an appeal fee.
The appeal shall state the decision or order appealed from. The Building Official shall
upon receipt thereof transmit to the appropriate Board the written appeal and all
Department records relating thereto.
(b) A perfected appeal shall not stay any action or proceedings in connection with
the decision or order appealed from unless and until the Building Official shall certify in
writing to the appropriate Board that performance of the work in violation or contrary to
the order or decision would increase the hazards to the health or safety of persons or
property. In that event, all actions and proceedings in connection with the decision or
order shall be stayed until ordered otherwise by the Board or a court of competent
jurisdiction. Any work performed in violation of or contrary to the decision or order
appealed from shall be removed or corrected if the Board shall affirm such decision or
order. The fact that such work continued after the issuance of the order or decision and
pending appeal shall not be considered by the Board as a mitigating or extenuating
circumstance.
(c) The Board shall set a time and place for a hearing on the appeal which shall
not be more than fifteen (15) days after perfection of the appeal. Notice of the hearing
shall be given by the Building Official to the appellant by first class mail addressed to the
appellant at the address set forth in his or her written appeal. The hearing shall be open to
the public and all interested persons shall be entitled to be heard. The Board by majority
vote of its members may sustain, modify or reverse any appealed decision or order.
(d) Within thirty (30) days after the entry of any order or decision of a Board, the
Department, the Commission, the appellant or any other person aggrieved by such order
or decision may seek review thereof under Rule 106(a)(4), C.R.C.P. in the District Court
in and for the County. Review shall not be extended further than to determine whether the
Board exceeded its jurisdiction or abused its discretion. The decision or order of the
Board shall remain in full force and effect pending appeal unless stayed by order of the
11
District Court.
(e) A Board of Review may authorized a variance from the strict terms and
provisions of the involved code if such variance can be made without increasing the
hazards to health or safety of person or property and if such variance will not violate the
intent and purpose of such code. Mere inconvenience to a person shall not be grounds for
granting a variance.
(f) A Board of Review is empowered to determine the suitability of alternate
materials or methods or installation under that code which the Board is empowered to
enforce and to recommend to the Commission new legislation relating to such code or
this Chapter.
(g) The Building Official shall enforce and execute all orders and decisions of the
Boards of Review.]
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
application form shall include the name of the
the Department The completed
applicant, the applicant's
home and
business addresses, and a brief resume of the
experience or such other information as may
applicant's education.
be reasonably required
training
by
and
the Board The
application shall be accompanied by the appropriate
examination
or registration
tration 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 aiy
applicant cant requests a
special meeting of a Board. the applicant shall pay an additional
fee at least eaual to the
normal examination fee.
SECTION 12.
Section 13 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
4 -1 -13: [Right of Entry] INVESTIGATION OF APPLICANT BY
BOARD
[(a) Whenever necessary to make an inspection to enforce the provisions of this
Chapter or any major code or minor code or whenever the Building Official has reasonable
cause to believe that there exists in any building or upon any premises any condition which
12
makes such building or premises unsafe as defined in any such code, the Building Official
may enter such building or premises at all reasonable times to inspect the same or to
perform any duty imposed upon the Building Official by such codes. If such building or
premises are occupied, he or she shall first present proper credentials and demand entry
and if such building or premises are unoccupied, he or she shall first make a reasonable
effort to locate the owner or other persons having charge or control of the building or
premises and demand entry. If such entry is refused after demand, the Building Official
shall have recourse to every remedy provided by law to secure entry.
(b) It shall be unlawful for any owner, occupant or any person having charge, care
or control of any building or premises to refuse, fail or neglect, after proper demand is
made as herein provided, to promptly permit entry therein by the Building Official for the
purpose of inspection and examination pursuant to this Chapter or any major code or
minor code.]
The appropriate Board shall examine the applicant and investigate or cause to be
investigated the character training, experience and financial responsibility of the applicant
for the license and the organization for which such applicant is employed if such
organization is responsible for the work performed by the applicant. A license shall not be
issued if the applicant fails to pass the requisite examination or if the application and other
evidence before the Board indicates the applicant lacks experience, training or financial
responsibility and such deficiency indicates in the judgment of the appropriate Board a
danger to the public health safety or welfare or indicates the applicant is not qualified or
capable to en -eage in the-con st ruction business or to perform the construction work for
which the applicant seeks a licen
SECTION 13.
Section 14 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
4 -1 -14: [Stop Orders] RE- EXAMINATIONS
[Whenever any work is being done contrary to the provisions of this Chapter or
any major code or minor code, the Building Official may order the work stopped by notice
in writing served on any persons engaged in the doing or causing such work to be done,
and any such persons shall forthwith stop work until authorized by the Building Official to
proceed with the work.]
If a license applicant fails to pass an examination, the applicant may apply for re-
examination after thirty (30) days and upon paying another examination fee. If an
13
applicant fails to pass
the
second time,
the applicant
may
apply
for examination 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
re- examination at six
examination upon paying
(6) month intervals following
another examination fee.
the
In
date of
any case
each subsequent
where an applicant fails to
pass an examination, the
examination, the answers
applicant may
and grade by
request the
written request
appropriate
delivered
Board review the
to the Department within
(101 ten days after the
applicant
receives
notice of
such failure.
SECTION 14.
Section 15 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
4 -1 -15: [Authority to disconnect utilities in emergencies] LICENSE FEES AND
EXPIRATION DATES
[The Building Official shall have the authority to disconnect fuel -gas utility service,.
or energy supplies to a building, structure, premises or equipment regulated by this
Chapter or any major code or minor code in case of emergency where necessary to
eliminate an immediate hazard to life or property. The Building Official shall, whenever
possible, notify the serving utility, the owner and occupant of the building, structure or
premises of the decision to disconnect prior to taking such action, and shall notify such
serving utility, owner and occupant of the building, structure or premises in writing of
such disconnection immediately thereafter.]
The fees and charges for licenses. examinations. permits. inspection
reinspections, and all other services or activities performed by the Department. the
Building Official and the Boards shall be established by the resolution of the City Council.
Unless specifically provide otherwise in this Title IV or in any major code or minor code.
no fee or charge shall be pro- rated or refunded.
(b) Before any license or registration is issued. the applicant shall pay an annual
license or registration fee. All licenses or registrations shall become delinquent on
December 31 of the year issued and shall be renewed annually upon application and
payment of the license or registration fee: subJect. however. to the following_ limitations:
Renewal Fees:
1. For all licenses renewed between December 1 and January 31 of
the following year, the fee shall be equal to the annual fee.
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1 r
2. For licenses renewed between February and March 31 of each
year, the fee shall be the annual license fee plus a penally of fifty percent
(50 %) of the annual fee.
3. For licenses renewed between April 1 and June 30 of each year,
the fee shall be twice the annual license fee. No license o registration shall
be renewed after July 1.
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.
(c) No permit shall be issued to any unlicensed or unregistered person en aeg ed in
the construction business, or to any licensed or registered person: who is delinquent in
paying the annual license or registration fee, who has failed to comply with a provisional
order. whose license or registration is suspended or revoked. who is in any manner
indebted to the Department. or whose insurance has expired.
SECTION 15.
Section 16 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is hereby
repealed:
4 -1 -16: [Authority to condemn equipment.] RESERVED
[(a) Whenever the Building Official ascertains that any equipment, or portion
thereof, regulated by this Chapter or any major code or minor code, has become
hazardous to life, health or property, he or she shall order in writing that such equipment
either be removed or restored to a safe or sanitary condition, as appropriate. The written
notice itself shall fix a time limit for compliance with such order. No person shall use or
maintain defective equipment after receiving such notice. When such equipment or
installation is to be disconnected, written notice of such disconnection and causes therefor
shall be given within twenty -four (24) hours to the serving utility, the owner and occupant
of the building, structure or premises. When any equipment is maintained in violation of
this Chapter or any major code or minor code, or in violation of any notice issued pur-
suant to the provisions of this Section, the Building Official may institute any appropriate
action to prevent, restrain, correct or abate the violation.
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(b) It shall be unlawful for any person to make any connections from any energy,
fuel or power supply, or to supply energy or fuel to any equipment regulated by this
Chapter or any major code or minor code which has been disconnected or ordered to be
disconnected by the Building Official or the use of which has been ordered to be
discontinued by the Building Official until the Building Official authorizes the reconnection
and use of such equipment.]
SECTION 16,
Section 17 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
4 -1 -17: [ Liability.] INSURANCE REQUIREMENTS
[(a) The Building Official or Chief Inspector, charged with the enforcement of this
Chapter or any major code or minor code, or member of any Board of Review or
Commission acting in good faith and without malice in the discharge of his or her duties,
shall not thereby render himself or herself personally liable for any damage that may accrue
to persons or property as a result of any act or by reason of any act or omission in the
discharge of his or her duties. A suit brought against the Building Official, employee of
the Department or member of a Board of Review or Commission because of such act or
omission performed by him or her in the enforcement of any provision of this Chapter shall
be defended by legal counsel provided by the Department until final termination of such
proceedings.
(b) No provision of this Chapter or any major code or minor code shall be
construed to relieve from or lessen the responsibility of any person owning, operating or
controlling any equipment regulated therein for damages to persons or property caused by
defects, nor shall the Department or City be held as assuming any such liability by reason
of the inspections authorized by this Chapter or any major code or minor code or any
approvals issued under this Chapter or any major code or minor code.]
(a) Before
any license or registration
shall be issued
to engage in the construction
business or to perform construction work. an
applicant
shall file with the Building_ Official
a certificate of Commercial
General Liability insurance
with personal injury and prop
damage limits at a
combined single limit of not
less than
$500.000 per occurrence and
$1.000,000 aggregate.
In addition. before any
such license
or registration is issued- the
applicant shall file
proof the applicant has obtained
Workers'
Compensation Insurance as
required by and in
accordance with the laws of
the State
of Colorado.
applicant. the effective and expiration dates, the limits of such policies and a description of
coverage by the insurance carrier. The Pueblo Regional Building Department shall be
listed as the certificate holder.
SECTION 17
Section 18 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
4 -1 -18 [Cooperation of other officials.] REVOCATION OR SUSPENSION OF A
CONTRACTORS LICENSE; CAUSES ;HEARIN G
[The Building Official may request, and shall receive so far as is required in the
discharge of his or her duties, the assistance and cooperation of other officials of the City.]
(a) Any license or registration issued pursuant to this code may be revoked or
suspended by the appropriate Board, or when so provided by the Building Official, after
notice and hearing, for anxofthe following causes:
(1) Abandonment of a contract without legal justification.
(2) Diversion or misapplication of funds or property received to perform
or complete a contract or for a specified purpose in the performance or completion
of a contract; application or use of such funds for any other contract obligation or
nuroose: or the failure. negle o refusal to use such funds or proyertv to perform
r complete such contract.
(3) Substantial departure from, or disregard of. plans or specifications in
any material respect without consent of the owner or the owner's duly authorized
representative.
( 4) Willful or deliberate disregard or violation of applicable major codes or
minor codes.
(5) Failure to comply with any lawful order of the Building Official or a
Chief Inspector.
(6) Failure to keep records for a period of one (1) year after completion of
each separate contract. showing all receipts and disbursements of the licensee or
registrant in all transactions as a contractor and to produce the same for
gxamination by the appropriate Board when required
17
(7) Fraud or misrepresentation of a material fact by applicant in obtaining
a license or registration.
(8) Committing any willful or fraudulent act by the licensee or re ' trant
as a contractor.
(9 ) Using a license or registration to obtain permits for another reason
(10) Carelessness or negligence in providing reasonable safety measures to
protect workers or the public.
( 11) Canceling or not renewing, required insurance coverage; provided,
however such license or registration shall only be suspended for this cause and
shall be reinstated upon refiling proof of insurance as approved by the Building
O fficial.
( 12 ) Being convicted of a felony relating to performing construction
contract.
(13 ) Failing to timely pay any indebtedness or obligation owed to the
Department: provided however, such license or registration shall only be
suspended for this cause and shall be reinstated upon payment of such debt or
obligation.
(14) Failing to notify the Building Department of a change of address and
or telephone number. provided however, such license or registration shall only be
suspended for this cause and shall be reinstated upon notification of said new
address and or telephone number. Three violations of his ub section will cause
the Board of Appeals to review license for further disciplinary action
(b) Upon receiving a report that any of the above causes have been committed,
the appropriate Board may issue a provisional order to comply to the contractor or
registrant. or, in its discretion. the Board may proceed directly to a hearing as provided in
Subsection (e).
(c ) Notice of hearing for revocation
of a license or registration
shall be given in
writing. setting forth orth specifically
the causes
or grounds of the complaint
and the time and
place of the hearing Such
notice may served
personally on
the licensee or registrant or
may be sent by first class
mail, postage repaid,
to the licensee
or registrant's address
shown on the records
of the Department at
least five .(5) days
before the hearing
(d) If the Board finds against the registrant or licensee the Board in its sole
discretion may suspend- revoke, or declined to renew the license or registration. If a
license or registration is suspended, the Board may assess a suspension for any period up
to six (6) months. If the license or registration is to be revoked. another such license or
registration shall not be issued to such person within a period to be determined by the
Board not to exceed twenty- ur 24) months after the effective date of revocation.
(e) Within thirty (30) days after any decision or order of the appropriate Board,
the Building Official, licensee or registrant or any person who is aggrieved b,�such
decision or order may seek review pursuant to Rule 106 (a)(4). of the Colorado Rules of
Civil Procedure in the District Court for the Count Colorado. Review shall
not be extended further than to determine whether the Board exceeded its iurisdiction or
abused its discretion
SECTION 18.
Section 19 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
4 -1 -19: [Unsafe equipment] LICENSE AND REGISTRATION
NON TRANSFERABLE
[Any equipment regulated by this Chapter or any major code or minor code, which
is unsafe or which constitutes a fire or health hazard or is otherwise dangerous to human
life is, for the purpose of this Section, unsafe. Any use of equipment regulated by this
Chapter or any major code or minor code constituting a hazard to safety, health or public
welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard,
disaster, damage or abandonment is, for the purpose of this Section, an unsafe use. Any
such unsafe equipment is hereby declared to be a public nuisance and shall be abated by
repair, rehabilitation, demolition or removal. The Building Official or the Department
may institute any appropriate action to prevent, restrain, correct or abate the use of the
unsafe equipment or nuisance.]
No license or registration issued under this code shall be transferable., It shall be
unlawful for any licensee or registrant to transfer or attempt to transfer such license or
registration or to allow it to be used directly or indirectly. by another person The license
or registration of any organization shall remain in effect only during the time the person
who was examined therefore remains a full -time active employee of such licensee or
registrant Whenever the examinee that is the person who was examined for such license
or registration, ceases to be a full -time active employee of the licensee or registrant such
person shall immediately notify in writing the Building Official Failure to timely notify the
Building Official shall be grounds to suspend or revoke the license or registration.
M
SECTION 19,
Section 20 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
4 -1 -20: [Applications for examinations.] CONTRACTORS LICENSE
[Any individual eighteen (18) years of age or older or organization who desires to
be licensed or registered to engage in the construction business, or to perform
construction work, of whom a license or registration is required by this Chapter or any
major code or minor code shall make application to the Building Official for an
examination on application forms furnished by the Department. The completed applica-
tion form shall include the name of the applicant, his or her home address, his or her
business address and a brief resume of his or her education, training and experience or
such other information required by the Department. The application shall be accompanied
by the appropriate examination or registration fee, no part of which shall be refunded
unless the applicant shall withdraw his or her application in writing not less than twenty -
four (24) hours prior to the time of examination. If any applicant requests a special
meeting of a Board, he or she shall pay an additional fee at least equal to the normal
examination fee.]
It shall be unlawful for any person to engage in any construction business in the
City without first obtaining a contractors license or registration stration issued by the Department
and if required by this code after qualification and examination by the appropriate Board
of Appeals.
SECTION 20.
Section 21 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
4 -1 -21: [Investigation of applicant by Board.] BUILDING CONTRACTORS
[The appropriate Board shall examine the applicant and investigate or cause to be
investigated the character, training, experience and financial responsibility of the applicant
for the license and the organization for which such applicant is employed if such
organization is responsible for the work performed by the applicant. No license shall be
issued if lack of experience, inadequate training, lack of financial responsibility or such
other pertinent factors considered by the Board would in the opinion of the appropriate
Board endanger the public health, safety or welfare, or shows that the applicant would not
20
be qualified or capable to engage in the construction business or to perform the const-
ruction work for which he seeks a license.]
For the purpose of providing for the regulation and licensing of building
contractors. building contractors are divided into classes as follows:
(a) Building Contractor -A (General.),
The holder of this license is authorized to construct, alter, or repair an'
type or size of structure permitted by the Uniform Building Code, as
amended.
(b) Building Contractor -B (General Limited).
The holder of this license is authorized to construct. alter or repair any
structure covered by the Uniform Building code except: (1 ) buildings
requiring Me I or II fire construction or 2) buildings in occupancy
,arouns A -1. A -2. A -2.1. E or I as defined in the Uniform Building Code. as
a mended.
(c) Building_ Contractor -C (Home Builder).
The holder of this license is authorized to construct, alter or repair
buildings of 3 stories or fewer in R -3 and U occupancies as defined in the
Uniform Building Code. as amended.
(d) Building Contractor -D (Specialty)
A holder of this license is authorized only to perform construc w rk in
the trade or particular kind of construction work specified in the specialty
license and such other work as may be incidental thereto but such holder
shall not contract to do any work other than that specified in such license
Nothing in this Chapter shall prohibit the issuance of one or more specialty
licenses for different trades or particular kinds of work to the same person
provided. however, such person shall be first duly examined and qualified
by the annronriate board as to each trade or nar-ficular ki of construction
work.
(e) Wrecking
All wrecking of buildings or structures shall be }performed by a licensed
special wrecking contractor; provided however, a licensed or registered
contractor may remove or demolish all or portions of a building or
stricture where such demolition or removal is a portion of a plan of
alteration or remodeling of the building or structure
(f) Apprentices
21
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 21.
Section 22 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
4 -1 -22: [Re- examinations.] ELECTRICAL CONTRACTORS
[If a license applicant fails to pass an examination, he or she may apply for re-
examination after the expiration of thirty (30) days and upon payment of another
examination fee. Should such applicant fail to pass the second time, he or she may apply
for re- examination after the expiration of ninety (90) days from the date of the second
examination and upon payment of another examination fee. If such applicant shall fail to
pass the third time, he or she may apply for re- examination at six -month intervals
following the date of each subsequent examination upon payment of another examination
fee. If an applicant fails to pass an examination, he or she may request the appropriate
Board to review the examination, his or her answers and grade by written request
delivered to the Department within ten (10) days after he or she received notice of such
failure.]
al It shall be unlawful fo r_anv person to perform electrical work or engage in the
business of an electrical contractor within the City without first being currently registered
as an electrical contractor with the Department. A person may register as an electrical
contractor upon showing a current Colorado electrical contractor's license and the name
and address of the master electrician under whose name the contractor has qualified No
electrical contractor shall be registered by the Department until the contractor complies
with the service of process and insurance requirements of this code.
(b) It shall be unlawful for any person not currently licensed by or holding - a
permit issued by the State of Colorado to engage in or work at the trade or business of a
journeyman electrician, master electrician, or residential wireman within the City if such
electrical work requires a permit or license under the laws of the State of Colorado. A
residential wireman shall not perform electrical work which is bevond that authorized by
uch licen
22
r
(c ) It shall be unlawful for any person licensed by or holding a Kermit issued by
the State of Colorado to refuse to exhibit proof of such license or permit to the Building
Official or to anv Department inspector upon the reauest of the Building Official or an
inspector.
(d) Any person may work as an electrician apprentice or trainee working at t
the
trade but shall not do any electrical wiring for or installation of electrical
apparatus
or
equipment for light, heat, or power except under the direct supervision of
a licensed
'
electrician or residential wireman. Direct supervision requires that
not less
than one
(1)
licensed electrician or residential wireman shall be present at the site
of work
for each
apprentice or trainee at a job site. Any electrical contractor,, journeyman
electrician,
master
electrician or residential wireman who is the employer or supervisor
of any
electrical
apprentice or trainee shall be responsible for the work performed by
such
apprentice
or
t rainee.
SECTION 22.
Section 23 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
4 -1 -23: [License fees and expiration dates.] PLUMBING CONTRACTORS
[(a) Before any license or registration is issued, the applicant shall pay an annual
license or registration fee. All licenses, registrations and certificates of competency shall
become delinquent on December 31 of the year issued and shall be renewed annually upon
application and payment of the license or registration fee; subject, however, to the
following limitations: the fee for any license, registration or certificate of competency
renewed after January 31 but on or before March 31 shall be one and one -half (1 1/2)
times the annual fee for such license; the fee for any license, registration or certificate of
competency renewed after March 31 but on or before June 30 shall be twice the annual
license fee for such license. All required bonds and insurance coverage certificates shall be
filed and approved before a license or registration is renewed. Any license, registration or
certificate of competency not renewed prior to June 30 of the year following its issuance
shall thereupon expire and may not be renewed without examination, if examination was
required upon issuance of the initial license or certificate of competency, except on
recommendation of the appropriate Board.
(b) No permit shall be issued to any unlicensed or non - registered person engaged
in the construction business, or to any licensed or registered person who is delinquent in
payment of his or her annual license or registration fee, who has failed to comply with a
provisional order, whose license or registration is suspended or revoked, or is in any
23
manner indebted to the Department, or whose insurance or bond has then expired.]
(a)
It shall be unlawful for any person to ep rform
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 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
(b) It shall be unlawful for any person not currently licensed by or holding a
permit issued by the State of Colorado to engage in the trade or business of a plumber
master plumber, journeyman plumber or residential plumber within the City if such
plumbing work requires such a permit or license under the laws of the State of Colorado
(c ) It shall be unlawful for any person licensed by or holding a permit issued by
the State of Colorado to refuse to exhibit proof of such permit or license to the Building
Official or any Department inspector upon the request of the Building Official or an
inspector.
d) Any person may work as a plumbing atwrent a licensed plumber
shall not do any plumbing work for which a license is required by the law of the State of
Colorado except under the direct supervision of a licensed plumber. Supervision requires
the licensed plumber to be present at the work site to adequately supervise the apprentice
at such site. Any plumbing contractor, master, journeyman, or residential plumber who is
the supervisor or employer of any plumbing apprentice shall be responsible for the work
performed by such apprentice.
(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 or more of the
following: ice -cube makers lawn sprinkler systems, water softeners, or humidifiers,A
person may be licensed to install one or more of these items. but in no event shall such
license authorize the licensee to connect to or install waste, drain or venting iping. A
person licensed as a luQ mber. master plumber. journeyman plumber, or residential plumber
by the State of Colora d(x--maK be l icensed as a water connected appliance contractor
without examination.
(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
therefore by the Plumbing Board of Appeals. A 1p umbin�g utility contractor includes an
24
person who engages
in the business
of installing
one or more
of the
following:
water
service lines. building
installations. A person
sewers.
may be
private fire mains
licensed to install
and similar speciality
one or more
of such
plumbing
items but
in no
event shall such license authorize
the licensee to
install waste.
drain
or venting
A
person licensed as
a plumbing
contractor or master
plumber by
the
State of Colorado
_piping
may
be licensed as a plumbing
utility 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 23.
Chapter 1 of Title IV of the 1971 Code of Ordinances, as amended, is hereby amended by
the addition of a new Section 24 which shall read as follows:
4 -1 -24: [Reserved.] MECHANICAL CONTRACTORS
(al It shall be unlawful for any person to perform mechanical work or engage in
the business of a mechanical contractor in the City without a mechanical contractor's
license issued by the Department after examination by the Mechanical Board of Appeals
No plumbing contractor shall be registered by the Department as a Mechanical C
contractor limited to gas until the contractor pays annual license fee and complies with the
service of process and insurance requirements of this code
(b) It shall be unlawful for any person not currently licensed by the Pueblo
Regional Building Department to engage in the trade or business of a master mechanical
contractor, journeyman sheet -metal worker. journeyman gasfitter or refri
technician within the City if such work requires such as required by this Chapter.
(c ) It shall be unlawful for any person issued a license by the Department to
refuse to exhibit proof of such license to the Building Official or any inspector of the
Department upon the request of the Building Official or an inspector.
(d) Any
person may work as
a mechanical gas fitter, sheet - metal,
heating, venting,
air conditioning
or r refrigeration apprentice for a licensed journeyman
shall not do any
work for which a license is required by
the Department except under
—but
the supervision of a
licensed journeyman.
Supervision requires
the licensed journeyman to
be present at the
work site to supervise
the apprentice
at such site. Any mechanical contractor,
master or
journeyman who
is the supervisor or
employer of any mechanical apprentice
shall be
responsible for
the work performed by
such apprentice.
(e) Any plumbing contractor registered as a plumbing contractor with the
25
Department who desires to perform gas 12il2ing installation shall be licensed by the
Department In such case the license issued shall be a Mechanical C contractors license
limited to gas Wiping work. Any plumbing contractor wishing to perform venting of
appliances shall pass a sheet metal exam before a license is issued.
(f) To provide for the regulation and licensing of mechanical contractors and
persons performing mechanical work. such persons shall be divided into classes as follows:
(1) Mechanical Contractor -A. HVAC - Refrigeration and Gas
The holder of this license is authorized to the holder thereof to perform any
work in the heating. ventilation, air conditioning. refrigeration and gas
fief s.
(2) Mechanical Contractor -C- Limited:
The holder of this license is authorized to perform any one of or any
combination of 4 of the following trades: gas piping, heating, ventilating,
air conditioning or refrigeration work in any structure.
(3) Master Mechanical
Applies to the contractor or to the person holding the license for a non-
licensed contractor wishing to perform heating, ventilation, air conditioning
and gas fields.
(4) Journeyman Gas Fitter
A person certified by the Mechanical Board of Appeals. after examination
may be licensed as a Journeyman gas fitter and shall be authorized to
enRaRe in and perform gas fitting work under anv permit issued to a
mechanical contractor.
(5) Journeyman Sheet -metal Worker
A person certified by the Mechanical Board of Appeals. after examination
may be licensed as a Journeyman sheet -metal worker and shall be
authorized to eneaae in and perform sheet metal work under anv permit
issued to a mechanical contractor.
(6) Gas Fitter - Welder
A person certified by the Mechanical Board of Appeals, after examinatio n
may be licensed as a gas fitter - welder and shall be authorized to engage in
and perform gas pipe welding work under any permit issued to a
mechanical contractor.
(7) Apprentice
26
An apprentice is a person being trained and is not'authorized to do any
installation service, repajr or lay out unless under the direct supervision of
a licensed master or journeyman.
SECTION 24.
Section 25 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
4 -1 -25: [Insurance; kinds; amounts] STATIONARY ENGINEERS
[Before any license or registration shall be issued to engage in the construction
business or to perform construction work, the applicant therefor shall file with the
Building Official a certificate of insurance for comprehensive general liability insurance
including completed operations in amounts not less than four hundred thousand dollars
($400,000.00) for each occurrence and aggregate for bodily injury and one hundred
thousand dollars ($100,000:00) for each occurrence and aggregate for property damage or
in such amounts and form as may be established from time to time by the Commission, and
in addition thereto such workmen's compensation insurance as shall be required by the
state statutes.]
(a) It shall be unlawful for any person to have charge of, or o ep rate. 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 license from the Plumbing
Board of Appeals of the Department or for any owner or user to place any erp son in
charge of a steam boiler or steam engine, either stationary or portable, unless such .person
placed in charge is a duly licensed stationary engineer. 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 250° F, or steam at
pressures not more than 15 0� unds per square inch.
(c ) To provide for the rel?,ulation and licensing of stationary engineers, such
engineers shall be divided into classes as follows:
(1) Class A- -Chief Engineer's License:
Applicants for Class A licenses shall be required to pass a written
27
examination indicating
ability to
supervise the
operation, installation
and
maintenance of any
plant in the City
and must
have not less
than five
(5)
years practical experience
in the
operation and
supervision of
such plants,
boilers. compressors
and other apparatus.
To
qualify for such
licenses,
the
applicant shall pass such examination
with a erade
of not less
than seventy
percent (70 %)
(2) Class B-- Operating Engineer's License:
Applicants for Class B license shall be required to pass a written
examination indicating ability to operate any plant in the City and must
have not less than three (3) years experience in the operation of such
plants, boilers, compressors and other apparatus. To qualify for such
license. the applicant shall pass such examination with a grade of not less
han seventy percent (70%
(3) Class C-- Boiler Operators:
Class C licenses shall authorize the holder to operate high pressure boilers
without machineM except the pumps necessary to feed the boilers and the
necessary attached equipment. Applicants for a Class C license'shall have
at least two (2) years ofof practical experience in the operation of such
boilers and shall be required to pass a written e wi a grade of
not less than seventy percent ,70%
(d) Every license 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.
(e) Any license issued under this Code may be suspended or revoked by the
Plumbing Board of Appeals for failure of the licensee to properly operate any boiler in
accordance with industry standards or for carrying higher steam or other pressure than
allowed by for failing to o properly post the license, or other neglect or incapacitated
() Every person holding a Class A or Class B license 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 Class A or Class
B license. before vacating any position as engineer, to provide such person's employer and
the Building Official with at least one week's advance notice of such intention AU failure
to comolv with the provisionn"f this-Sect may result in suspension or revocation of the
license of the person failing to com
SECTION 25,
Section 26 of Chapter 1, Title IV of the 1971 Code of Ordinances, as amended is
hereby amended to read as follows:
4 -1 -26: [Revocation or suspension of contractor's license; causes; hearing.]
OFFENSES: CRIMINAL PENALTIES; OTHER ENFORCEMENT
[(a) Any license, certificate of competency or registration issued pursuant to this
Chapter may be revoked or suspended by the appropriate Board, or when so provided by
the Building Official, after notice and hearing, for any of the following causes:
(1) Abandonment of a contract without legal justification.
(2) Diversion or misapplication of funds or property received for
performance or completion of a contract or for a specified purpose in the
performance or completion of a contract; application or use of such funds for any
other contract, obligation or purpose; or the failure, neglect or refusal to use such
funds or property for the performance or completion of such contract.
(3) Substantial departure from, or disregard of, plans or specifications in
any material respect, without consent of the owner or his or her duly authorized
representative.
(4) Willful and deliberate disregard or violation of applicable major codes
or minor codes.
(5) Failure to comply with any lawful order of the Building Official or
Chief Inspector.
(6) Failure to keep records for a period of one (1) year following date of
completion of each separate contract, showing all receipts and disbursements of
the licensee or registrant in all of his or her transactions as a contractor and to
produce the same for examination by the appropriate Board when required.
(7) Fraud or misrepresentation of a material fact by applicant in obtaining
a license or registration.
(8) The doing of any willful or fraudulent act by the licensee or registrant
as a contractor.
29
(9) Use of license or registration to obtain permits for another.
(10) Carelessness or negligence in providing reasonable safety measures
for the protection of workmen and the public.
(11) Cancellation or expiration without renewal of required bond or
insurance coverage; provided, however, that such license or registration shall only
be suspended for this cause, and shall be reinstated upon the refiling of proof of
bond and insurance, as approved by the Building official.
(12) Conviction of a felony relating to the performance of a construction
contract.
(13) Judgment upon any required bond.
(14) Adjudgment of licensee or registrant as a bankrupt; general
assignment by licensee or registrant for the benefit of creditors; appointment of a
receiver on account of insolvency of licensee or registrant, provided, however, that
nothing contained herein shall be construed to exempt or relieve any licensee or
registrant from his or her duties under any contract entered into prior to revocation
of his or her license or registration.
(15) Failure to timely pay any indebtedness or obligation owing to the
Department; provided, however, that such license or registration shall only be
suspended for this cause and shall automatically be reinstated upon payment
thereof.
(b) Upon report of the happening of any of the foregoing causes, the appropriate
Board may issue a provisional order to comply to the contractor or registrant or, in its
discretion, the Board may proceed directly to a hearing, as provided in Subsection (c).
(c) Notice of hearing for revocation of a license or registration shall be given in
writing, setting forth specifically the causes or grounds of the complaint and the time and
place of the hearing. Such notice may be served personally on the licensee or registrant or
by first class mail, postage prepaid, mailed to the licensee or registrant at his or her last
known address shown on the records of the Department at least five (5) days prior to the
date set for the hearing.
(d) If the Board shall find against the registrant or licensee, the Board in its sole
discretion may suspend, revoke, or refuse to renew the license or registration. If the
license or registration is to be suspended, the Board may assess a suspension for any
period up to six (6) months. If the license or registration is to be revoked, another such
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license or registration shall not be issued to such person within a period to be determined
by the Board not to exceed twenty -four (24) months after date of revocation.
(e) Within thirty (30) days after the entry of any decision or order of the
appropriate Board, the Building Official or licensee, registrant or any person who is
aggrieved by such decision or order may seek a review thereof, under Rule 106(a)(4),
C. R. C. P. in the District Court in and for the County. Review shall not be extended fur-
ther than to determine whether the Board exceeded its jurisdiction or abused its
discretion.]
(a) It shall be unlawful and a Class 1 Municipal Offense for anv person, firm, or
corporation to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or
resist the enforcement of any provision of this Chapter, and upon conviction, the
punishment shall be a fine of not more than Three Hundred Dollars ($300) or
imprisonment for not more than ninety (90) days, or both such fine and imprisonment
(b) It shall be unlawful and a Class 1 Municipal Offense for anv person, firm or
corporation to refuse or fail to timely comply with any order issued by the Building
Official of the Pueblo Regional Building Department or other designated representative
pursuant to the provision of this Chapter and upon conviction the punishment shall be a
fine of not more than Three Hundred Dollars ($300) or imprisonment for not more than
ninety (90) days, or both such fine and imprisonment.
(c) It shall be unlawful and a Class 1 Municipal Offense for any person, firm or
corporation to knowingly make any false statement representation or certification in any
application, record report. plan or other document filed or required to be maintained
pursuant to any requirement of this Chapter, and upon conviction the punishment shall be
a fine of not more than Three Hundred Dollars ($300) or imprisonment for not more than
ninety (90) days, or both such fine and imprisonment.,
(d) Any license or registration issued pursuant to the provisions of this Chapter
may be suspended, or revoked by the appropriate board for (1) any of the reasons stated in
Section 4 -1 -18 or (2) any material violation of the terms of such license or registration or
the applicable requirements.
(e) In the event anX owner or occupant of premises within the City refuses entry
to the Building Official or any inspector or if any premises are locked and the Building
Official or any inspector is unable to obtain permission of the owner or occupant to enter,
the Municipal Court is authorized to issue an inspection or search warrant authorizing
such entry in accordance with the procedures set forth in the Colorado MunicipaLCourt
Rules.
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(f) In the event anyperson, firm or corporation within the City, or any licensed
contractor. fails or refuses to comply with any provision of this Chapter. or any license
issued. the City may initiate an action for injunctive relief in any court of competent
Jurisdiction to compel compliance with said Chapter or license
(g) The enforcement remedies set forth in this Section are cumulative. and the
exercise of any one or more of them is not dependant upon the exercise of any other
remedy and the exercise of any one of more of them does not constitute an by ar or
limitation to the exercise of any other.
SECTION 26.
Sections 27, 28, 29, 30, 31, 33, and 34 of Chapter 1, Title IV of the 1971 Code of
Ordinances are hereby repealed in their entirety.
[4 -1 -27: License nontransferable.
No license, certificate of competency, or registration issued under this Chapter
shall be transferable. It shall be unlawful for any licensee or registrant to transfer or
attempt to transfer his or her license, certificate of competency, or registration or to allow
it to be used, directly or indirectly, by another person. The license or registration of any
organization shall remain in effect only during the time the person who was examined
therefore remains a full -time active employee of such licensee or registrant. Whenever the
person who was examined for such license or registration ceases to be a full -time active
employee of the licensee or registrant, such person shall immediately in writing notify the
Building Official. Failure to timely so notify the Building Official shall be grounds to
suspend or revoke the license or registration.
4 -1 -28: Contractor's licenses.
It shall be unlawful for any person to engage in any construction business in the
City without first obtaining a contractor's license or registration issued by the Department
and, if required by this Chapter, after qualification and examination by the appropriate
Board of Review.
4 -1 -29: Building contractors.
(a) For the purpose of providing for the regulation and licensing of building
contractors, building contractors are divided into classes as follows:
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(1) Building Contractor A (General Unlimited)..
This license shall entitle the holder thereof to construct, alter or repair any
type or size of structure permitted by the Uniform Building Code, as
amended.
(2). Building Contractor B (General Limited).
This license shall entitle the holder thereof to construct, alter or repair any
structure covered by the Uniform Building Code except: (a) buildings
requiring Type I or II fire resistive construction, or (b) buildings in
occupancy groups A -1, A -2, A -2.1, E or I as defined in the Uniform
Building Code, as amended.
(3) Building Contractor C (Home Builder).
The holder of this license is authorized to construct, alter or repair
buildings of two (2) stories or less in R -3 and M occupancies as defined in
the Uniform Building Code, as amended.
(4) Building Contractor D (Specialty).
a. The holder of this license is authorized to perform construction
work involving only one (1) trade, for example, masonry work, concrete
work, excavating work, elevator work, roofing work or similar trade
construction work. A holder of this license shall be limited to the trade or
particular kind of construction work specified in the specialty license and
such other work as may be incidental thereto, but such holder shall not
contract to do any work other than that specified in his or her license.
Nothing contained herein shall prohibit the issuance of one (1) or more
specialty licenses for different trades or particular kinds of work to the
same individual; provided, however, that said person shall be first duly
examined and qualified by the appropriate board as to each trade or
particular kind of construction work. In addition to the above, the
following trades shall also be included under this license: automatic
sprinkler contractor, moving contractor, sign contractor and wrecking
contractor. A specialty license for a wrecking contractor shall entitle the
holder thereof to deal in second hand building materials. All wrecking of
buildings or structures shall be performed by a licensed specialty wrecking
contractor; provided, however, a licensed or registered contractor may
remove or demolish portions of a building or structure where such removal
is a portion of a plan of alteration or remodeling of the building or
structure.
b. The owner of a one- or two - family structure or accessory
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structure or his or her authorized representative may wreck said structure
or structures without a specialty contractors license, provided that such
owner or his or her authorized agent designated to do the work obtains a
certificate of competency, maintains required insurance and performs the
work in accordance with applicable codes.
(5) Building Contractor E (Remodeling).
This license shall entitle the holder thereof to construct minor structures
such as sheds, patio covers and private detached garages in R -3 and M
occupancies as defined in the Uniform Building Code, as amended.
(b) A person may be licensed as a building contractor by the Building Board of
Review after qualification and examination therefor. No person shall be licensed as a
building contractor until such person shall pay the annual license fee and comply with the
insurance and other requirements of this Chapter.
(c) Apprentices or trainees employed to assist a licensed building contractor need
not be licensed, provided that such apprentice or trainee performs his or her 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.
4 -1 -30: Electrical contractors.
(a) It shall be unlawful for any person to perform electrical work or engage in the
business of an electrical contractor in the City without first being currently registered as an
electrical contractor with the Department. A person may be registered as an electrical
contractor upon application showing a current state electrical contractor's license and the
name and address of the master electrician under whose name the contractor has qualified.
No electrical contractor shall be registered by the Department until the contractor shall
pay an annual registration fee and comply with the bond, service of process, and insurance
requirements of this Chapter.
(b) It shall be unlawful for any person not currently licensed by or then holding a
permit issued by the State to engage in or work at the trade, business or calling of a
journeyman electrician, master electrician or residential wireman in the City if such
electrical work requires a permit or license under the laws of the State. A residential
wireman shall not perform electrical work of a type which is beyond his or her license.
(c) It shall be unlawful for any, person licensed by or holding a permit issued by
the State to refuse to exhibit proof of such license or permit to the Building Official or any
inspector of the Department upon the request of the Building Official or such inspector.
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(d) Any person may work as an electrician apprentice or trainee working at the
trade but shall not do any electrical wiring for or installation of electrical apparatus or
equipment for light, heat or power except under the direct supervision of a licensed
electrician or residential wireman. Direct supervision requires that no more than one (1)
licensed electrician or residential wireman supervise no more than one (1) apprentice or
trainee at the jobsite. Any electrical contractor, journeyman electrician, master electrician
or residential wireman who is the employer or supervisor of any electrical apprentice or
trainee shall be responsible for the work performed by such apprentice or trainee.
4 -1 -31: 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 plumbing
contractor upon application showing a current state 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 shall pay an annual
registration fee and comply with the bond, service of process and insurance requirements
of this Chapter.
(b) It shall be unlawful for any person not currently licensed by or then holding a
permit issued by the State to engage in the trade, business or calling of a plumber, master
plumber, journeyman plumber or residential plumber in the City if such plumbing work
requires such a permit or license under the laws of the State.
(c) It shall be unlawful for any person licensed by or holding a permit
issued by the State to refuse to exhibit proof of such permit or license to the Build-
ing Official or any inspector of the Department upon the request of the Building
Official or such inspector.
(d) Any person may work as a plumbing apprentice for a licensed plumber but
shall not do any plumbing work for which a license is required by the laws of the State
except under the supervision of a licensed plumber. Supervision requires the licensed
plumber to supervise the apprentice at the jobsite. Any plumbing contractor, master
journeyman or residential plumber who is the supervisor or employer of any plumbing
apprentice shall be responsible for the work performed by such apprentice.
(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 therefor by the Plumbing Board of Review. A water - connected appliance
contractor includes any person who engages in the business of installing one (1) or more
of the following: ice - cubemakers, lawn sprinkler systems, water softeners or humidifiers.
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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 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 contractor without
examination.
4 -1 -33: Mechanical contractor.
(a) It shall be unlawful for any person to perform mechanical work or engage in
the business of a mechanical contractor in the City without a mechanical contractor's
license issued by the Department after examination by the Mechanical Board of Review.
(b) For the purpose of providing for the regulation and licensing of mechanical
contractors and persons performing mechanical work, such persons are divided into
classes as follows:
(1) Mechanical Contractor -A. This license entities the holder thereof to. perform
any work in the heating, ventilating and air - conditioning fields.
(2) Mechanical Contractor -B. This license entitles the holder thereof to perform
any heating, ventilating or air - conditioning work in the following occupancy
groups as defined in the Uniform Building Code, as amended: B -2 but not over
two (2) stories, B -3, M, R -1 but not over two (2) stories and R -3.
(3) Mechanical Contractor -C. This license shall allow the holder thereof to per-
form gas piping or sheet metal work in any structure.
(4) Journeyman gas fitter. A person certified by the Mechanical Board of Review
after examination may be licensed as a journeyman gas fitter and shall be
authorized to engage in and perform gas fitting work or furnace sheet metal work
under any permit issued to a mechanical contractor.
(5) Journeyman sheet -metal worker. A person certified by the Mechanical Board
of Review after examination may be licensed as a journeyman sheet -metal worker
and shall be authorized to engage in and perform sheet metal work under any
permit issued to a mechanical contractor including ducts, vents, ventilation, hoods
and other types of sheet -metal work.
(6) Gas fitter - welder. A person certified by the Mechanical Board of Review after
examination may be licensed as a gas fitter - welder and shall be authorized to
engage in and perform gas pipe welding work under any permit issued to a
mechanical contractor. A person holding a certificate issued within twenty -four
36
r
(24) months prior to the date of application by an appropriate accredited institution
of education in the gas welding trade may be certified without examination. Any
person may work as a gas fitter - welder apprentice for a licensed fitter, but shall not
do any gas fitting- welding work for which a license is required by the laws of the
State except under the supervision of a licensed gas fitter - welder. Any gas fitter -
welder contractor, master, journeyman or residential fitter who is the supervisor or
employer of any gas fitter - welder apprentice shall be responsible for the work
performed by such apprentice.
(7) Appliance Dealers. It shall be unlawful for any person to sell, or offer for sale,
at retail or to the ultimate consumer or his or her agent, appliances or devices
which utilize fuel or other forms of energy to produce light, heat, refrigeration or
air- conditioning, including a vented decorative appliance designed for attachment
to any gas piping system in the City without first obtaining an appliance dealer's
license. Any person selling appliances shall prepare and deliver to the Department
a weekly list of appliances sold, together with the names and addresses of
purchasers thereof.
A person dealing in appliances shall not be permitted to engage in the
business of installation, construction, reconstruction or repair of gas appliances,
fixtures or equipment without first obtaining the appropriate mechanical
contractor's license. Any person holding a mechanical contractors license may be
licensed as an appliance dealer without payment of a fee.
(c) Apprentices or trainees employed to assist a licensed mechanical contractor
need not be licensed, provided that such apprentice or trainee performs his or her 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.
4 -1 -34 Stationary engineers.
(a) License required.
(1) 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 Chapter, within the City without first having obtained the
appropriate license therefor from the Plumbing Board of Review or of any owner
or user to put any person in charge of a steam boiler or steam engine, either
stationary or portable, unless such person put in charge is a duly licensed engineer.
Engineers and boiler tenders operating locomotives under the Interstate Commerce
37
wwcj 1 111111111I11111I
Commission regulations shall be exempt from the requirements and provisions of
this Section.
(2) 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 (250T), or steam at pressures not more than fifteen (15) pounds per
square inch.
(b) For the purpose of providing for the regulation and licensing of stationary
engineers, such engineers are divided into classes as follows:
(1) Class A -Chief Engineer's License. Applicants for Class A licenses shall
be required to pass a written examination indicating ability to supervise the
operation, installation and maintenance of any plant in the City and must
have had not less than five (5) years' practical experience in the operation
and supervision of such plants, boilers, compressors or other apparatus. In
order to qualify for such licenses, the applicant shall pass such examination
with a grade of not less than eighty percent (80 %).
(2) Class B- Operating Engineer's License. Applicants for a Class B license
shall be required to pass a written examination indicating ability to operate
any plant in the City and must have had not less than two (2) years'
experience in the operation of such plants, boilers, compressors or other
apparatus. In order to qualify for such license, the applicant shall pass such
examination with a grade of not less than seventy -five percent (75 %).
(3) Class C License- Boiler Operator. Class C licenses shall permit
the holder thereof to operate high pressure boilers without
machinery, except the pumps necessary to feed the boilers and the
necessary equipment attached thereto. Applicants for a Class C
license shall have at least one (1) year of practical experience in the
operation of such boilers and shall be required to pass a written
examination with a grade of not less than seventy -five percent
(75 %).
(c) Every license 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, and any
failure or neglect to comply with this Section shall be deemed a violation of this Chapter.
(d) Any license issued hereunder may be suspended or revoked by the Plumbing
Board of Review for failure of the licensee to properly operate any boiler in accordance
with industry standards, or for carrying higher steam or other pressure than allowed by
r
law, for failure to properly post the license, or other neglect or incapacity.
(e) All persons holding Class A or Class B licenses under this section shall assist
the State Boiler Inspector in his or her inspections of any boiler under their charge and
shall point out defects and imperfections known to them in the boilers and machinery. It
shall also be the duty of persons holding Class A or Class B licenses before vacating any
position as engineer, to give to his or her employer at least one (1) week's notice in
advance of such intention and to give the same notice to the Building Official. Any failure
to comply with the provisions of this Section may result in suspension or revocation of the
license of the person failing to comply.
SECTION 27.
A public hearing to consider the adoption of the Building Department Administrative and
Contractor's Licensing Codes, with modifications, shall be held in the Council Chambers, City
Hall, 1 City Hall Place, Pueblo, Colorado at 7:30 p.m. on February 23, 1998. The City Clerk is
authorized and directed to publish notice of such hearing pursuant to Section 31 -16 -203 of the
Colorado Revised Statutes.
SECTION 28.
The adoption of this Ordinance and of the provisions concerning Contractors Licenses and
Administration shall not create any duty to any person, firm, corporation, or other entity with
regard to the enforcement or nonenforcement of this Ordinance or said provisions. 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 or said provisions. Nothing in this Ordinance
39
or in said provisions 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, C.R.S. 24 -10 -101•
et seq., 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 29.
If any part, section, subsection, sentence, clause or phrase of this Ordinance or the
adopted Building Department Administration and Contractor's Licensing Codes is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance or of the Building Department Administration and Contractor's Licensing Codes.
SECTION 30,
The Council finds and declares that a certified true copy of the Building Department
Administration and Contractor's Licensing Codes has been on file in the office of the City Clerk
of the City of Pueblo for not less than 15 days preceding the public hearing referred to in Section
27 of this Ordinance, and shall remain in said office for public inspection. After adoption of this
Ordinance, a copy of the Building Department Administration and Contractor's Licensing Codes
shall be kept in the office of the Building Official at the Pueblo Regional Building Department,
316 15`'' St. W., Pueblo Colorado. Copies of the Building Department Administration
M
Contractor's Licensing Codes shall be available through the Regional Building Department for
purchase by the public at a moderate price.
SECTION 31.
This Ordinance shall be come effective March 1, 1998
INTRODUCED: January 26 , 1998
By Rich Golenda
Councilmember
ATTEST: APPROVED:
City rk President of City C ncil
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