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HomeMy WebLinkAbout11082 ORDINANCE NO. 11082 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE IV AND RELATED PROVISIONS OF THE PUEBLO MUNICIPAL CODE TO REFLECT CHANGES RESULTING FROM THE INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF BOONE FOR CREATION OF THE SOUTHERN COLORADO BUILDING DEPARTMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Chapter 1 of Title IV of the Pueblo Municipal Code is amended to read as follows: Chapter 1 Building Department Administration and Contractor's Licenses Article I General Provisions Sec. 4-1-1. Title. This Chapter shall be known as the "Building Department Administration and Contractor's Licensing Codes," may be cited as such and may be referred to herein as "this Chapter." ec. 4-1-2. Definitions. (a) Department means the \[Pueblo Regional\] Southern Colorado Building Department. (b) Commission means the \[Pueblo Regional\] Southern Colorado Building Commission. (c) Building Official means the Building Official appointed by the Commission or 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 International Building Code as adopted with amendments by Chapter 2 of this Title, herein International Building Code; the International Residential Code as adopted with amendments by Chapter 6 of this Title; herein International Residential Code, the National Electrical Code as adopted with amendments by Chapter 3 of this Title, herein National Electrical Code; the International Plumbing Code as adopted with amendments by Chapter 4 of this Title, herein International Plumbing Code; and the International Mechanical Code as adopted with amendments by Chapter 5 of this Title, herein International Mechanical Code. (f) Minor or secondary codes means 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 Unsafe Structures Regulations, Chapter 7 of this Title, herein Unsafe Structures Regulations; the International Property Maintenance Code as adopted with amendments by Chapter 1 of Title VIII of this Code, herein International Property Maintenance Code; and the International Energy Conservation Code. (g) Agreement means the Intergovernmental Agreement for the Operation of the Southern Colorado Building Department \[amended and restated agreement\] entered into November 24, 2025 \[June 1, 2012\], by and between the City of Pueblo, Colorado, a municipal corporation and the Town of Boone, Colorado, a statutory town \[Board of County Commissioners of the County of Pueblo, Colorado\], 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 this Code or in any major or minor or secondary code, the same shall be taken and construed to mean the applicable Board of Review created by the agreement which created the \[Pueblo Regional\] Southern Colorado 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 the Agreement as the context of this Chapter or the Agreement so requires. (i) Person means a natural person eighteen (18) years of age or older or an organization. (j) 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. (l) \[County\] Town means the Town Board of the Town of Boone, Colorado \[County Commissioners of the County of Pueblo, Colorado, or the County of Pueblo\]. (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 City Clerk's Office Item # R10 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: November 24, 2025 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Carla Sikes, City Attorney SUBJECT: AN ORDINANCE AMENDING CHAPTER 1 OF TITLE IV AND RELATED PROVISIONS OF THE PUEBLO MUNICIPAL CODE TO REFLECT CHANGES RESULTING FROM THE INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF BOONE FOR CREATION OF THE SOUTHERN COLORADO BUILDING DEPARTMENT SUMMARY: Attached is an Ordinance amending Chapter 1 of Title IV and other related provisions of the Pueblo Municipal Code to reflect changes resulting from the intergovernmental agreement with the Town of Boone and creation of the Southern Colorado Building Department. PREVIOUS COUNCIL ACTION: None. BACKGROUND: On October 22, 2012, City Council approved Ordinance No. 8525 approving an Amended and Restated Agreement between the City of Pueblo, a municipal corporation and the Board of County Commissioners of the County of Pueblo for the creation of the Pueblo Regional Building Department (“PRBD”), pursuant to C.R.S. §29-1-203. Pursuant to its terms, the Amended and Restated Agreement continued from year-to- year “unless terminated by one party giving the other party written notice of its intention to terminate at least six months before the end of the calendar year with such termination to be effective on December 31 of the year in which notice is given.” On June 27, 2025, Pueblo County provided the City with written notice of its intention to terminate the Amended and Restated Agreement. Such termination shall be effective on December 31, 2025. An intergovernmental agreement with a new partner is needed to create a successor independent building department. PRBD currently provides service to the Town of Boone. The Town of Boone is satisfied with the service and has expressed an interest in entering an intergovernmental agreement with the City. The Boone Town Board will meet to consider the intergovernmental agreement on Monday, November 17, 2025. If approved, the City of Pueblo and Town of Boone will be the initial member entities to the intergovernmental agreement but the agreement allows other local governments to join the agreement in the future. The intergovernmental agreement will establish a new regional building department called Southern Colorado Building Department (“SCBD”). SCBD will operate the same as, or substantially similar to PRBD at no cost to the member entities. SCBD will perform all the services currently being provided by PRBD, including but not limited to issuing building permits, licensing contractors, and performing building inspections. The intergovernmental agreement will be effective January 1, 2026. The attached ordinance makes the necessary changes to the Pueblo Municipal Code required by the new contract with the Town of Boone and the change to the Southern Colorado Building Department. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: City Council could deny the Ordinance. RECOMMENDATION: Approval is recommended. ATTACHMENTS: 1. Ordinance Amending Title IV for IGA with Boone major code or minor code shall be construed to mean the Building Official or 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. Sec. 4-1-3. Department. The Department is created by the agreement which is incorporated herein as if set out in full. The agreement establishes the Commission as the governing body of the Department with authority to appoint the Building Official. Sec. 4-1-4. Building Official. (a) 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. (b) Permits issued for the construction work authorize the construction work to be performed pursuant to the requirements of this Title and do not create any right or vest 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 (the "Owner"). Upon receipt of written notice by the Department signed by the Owner, or the general contractor if the Permittee is a subcontractor, that the Permittee has been 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 Permittee's address appearing on the permit, that the permit has been cancelled. Sec. 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 the Chief Inspector is appointed Chief Inspector. The Chief Inspector's interpretation under such code shall be final unless appealed to the Board of Review for such code. The Building Official or the Building Official's authorized representative shall be the Chief Inspector of the International Building Code, the International Residential Code and all minor codes and is authorized to interpret and enforce the International Building Code, the International Residential Code and all minor codes. Sec. 4-1-6. Board of Appeals. The Board of Appeals of each major and minor code is hereby authorized, empowered and directed to perform the duties set forth in the agreement and this Chapter. Sec. 4-1-7. Reports and records. The Building Official shall keep complete records of all licenses, permits, inspections, reinspections, fees and other monies collected and other official actions performed under the agreement or this Chapter. The Building Official or the Building Official's duly authorized representative shall act as secretary to the Commission and Boards of Appeal and keep an accurate and permanent record of all proceedings before the Commission and Boards of Appeal. All records and reports of the Department shall be public records. Sec. 4-1-8. Appeals and authority of Board of Appeals. (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 ten (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. (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 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. (c) The Board shall set a time and place for a hearing on the appeal which shall not be more than thirty (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 any other person aggrieved by the order or decision of the Board may seek review thereof within twenty- eight (28) 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 appeal unless stayed by order 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 without 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 granting a variance. (f) 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. Sec. 4-1-9. Owner obtained permits. 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. Sec. 4-1-10. Manufactured structures. (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 factory- 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 Housing 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, C.R.S. 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 for 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 \[Pueblo Regional\] Southern Colorado Building Department and may or may not meet requirements of the Pueblo Building Codes. "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 Paragraph (1) above shall be permanently installed in a visible location by the permit applicant adjacent to the data plate required by the Federal Act or in the furnace closet on manufactured structures. Article II Licenses and Registration Sec. 4-1-11. Licenses required. Except as specifically otherwise provided in this Code: (1) 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 or registration from the appropriate Board. (2) 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 Code. (3) 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 Code shall be presumed to be engaged in the construction business or in the performance of construction work. (4) It shall be unlawful 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 person's name in legible letters at least two (2) inches in height. (5) It shall be unlawful 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. Sec. 4-1-12. Applications for examinations. Any person who desires to be licensed or registered to engage in the construction business or to perform construction work, for whom a license or registration is required by this Code or any major code or minor code shall apply to the Building Official on application forms furnished by the Department. The completed application form shall include the name of the applicant, the applicant's home and business addresses and a brief resume of the applicant's education, training and experience or such other information as may be reasonably required by the Board. Sec. 4-1-13. Investigation of applicant by Board. 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, if any, or if the application and other evidence before the Board indicate 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 engage in the construction business or to perform the construction work for which the applicant seeks a license. In examining applicants, the Board may utilize examinations adopted or approved by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478. Sec. 4-1-14. Reserved. Sec. 4-1-15. License fees and expiration dates. (a) The fees and charges for licenses, examinations, permits, inspections, 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 provided 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: (1) Renewal fees. a. For all licenses renewed between December 1 and January 31 of the following year, the fee shall be equal to the annual fee. b. For licenses renewed between February 1 and March 31 of each year, the fee shall be the annual license fee plus a penalty of fifty percent (50%) of the annual fee. c. For licenses renewed between April 1 and May 31 of each year, the fee shall be twice the annual license fee. No license or registration shall be renewed after June 1. (2) Application fee. An application fee as set by City Council shall be paid when an application is submitted to the Department. After review and acceptance of the application, the applicant will be notified of the outcome. (c) No permit shall be issued to: (1) Any unlicensed or unregistered person engaged in the construction business; (2) Any person who has failed to obtain a license required under Title IX of the Code with respect to any permit to perform work activities in the City; (3) 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; or (4) Any licensed or registered person who is in any manner indebted to the City including without limitation any licensed or registered person who is delinquent to the City for any taxes imposed pursuant to Title XIV of the Code. Sec. 4-1-16. Reserved. Sec. 4-1-17. Insurance requirements. (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 property damage limits at a combined single limit of not less than two hundred fifty thousand dollars ($250,000) per occurrence and five hundred thousand dollars ($500,000) aggregate. Products and completed operations are not required to be part of this policy. In addition, before any such license or registration is issued, the applicant shall file proof that the applicant has obtained Workers' Compensation Insurance as required by and in accordance with the laws of the State. (b) Such insurance certificates shall include the policy numbers, the name of the applicant, the effective and expiration dates, the limits of such policies and a description of coverage by the insurance carrier. The \[Pueblo Regional\] Southern Colorado Building Department shall be listed as the certificate holder. Sec. 4-1-18. Revocation or suspension of a contractor's license; causes; hearing. (a) Any license 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 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 purpose; or the failure, neglect or refusal to use such funds or property to perform or 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 examination by the appropriate Board when required. (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 registrant 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, that such license or registration shall only be suspended for this cause, and shall be reinstated upon refilling proof of insurance as approved by the Building Official. (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, that 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, that 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 (3) violations of this Subsection 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 (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 may be sent by first class mail, postage prepaid, to the licensee's 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 decline 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-four (24) months after the effective date of revocation. (e) Within twenty-eight (28) days after any decision or order of the appropriate Board, the Building Official, licensee or registrant or any person who is aggrieved by 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 County. Review shall not be extended further than to determine whether the Board exceeded its jurisdiction or abused its discretion. Sec. 4-1-19. License and registration; nontransferable. 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 therefor 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. Article III Contractor's License Sec. 4-1-20. Contractor's license. 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 Code, after qualification and examination by the appropriate Board of Appeals. Sec. 4-1-21. Building contractors. For the purpose of providing for the regulation and licensing of building contractors, building contractors are divided into classes as follows: (1) Building Contractor-A (General). The holder of this license is authorized to construct, alter or repair any type or size of structure permitted by the International Building Code, as amended. (2) Building Contractor-B (General Limited). The holder of this license is authorized to construct, alter or repair any structure covered by the International Building Code except buildings requiring type I or II fire construction, or buildings in occupancy groups A-1, A-2, A-3 with an occupant load of three hundred (300) or more, E or I as defined in the International Building Code, as amended. (3) Building Contractor-C (Home Builder). The holder of this license is authorized to construct, alter or repair buildings of three (3) stories or fewer in R-3 and U occupancies as defined in the International Residential Code, as amended. (4) Building Contractor-D (Specialty). A holder of this license is authorized only to perform construction work 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 (1) or more specialty licenses for different trades or particular kinds of work to the same person provided, however, that such person shall be first duly examined and qualified by the appropriate board as to each trade or particular kind of construction work. (5) Apprentices. Apprentices or trainees employed to assist a licensed building contractor need not be licensed, provided such apprentice or trainee performs such work under the supervision of the contractor or an employee of the contractor qualified to perform such work. A licensed contractor who employs any apprentice or trainee shall be responsible for the work performed by such apprentice or trainee. Sec. 4-1-22. Electrical contractors. (a) It shall be unlawful for any 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 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. A residential wireman shall not perform electrical work which is beyond that authorized by such 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 to any Department inspector upon the request of the Building Official or an inspector. (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. 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. Sec. 4-1-23. Plumbing contractors. (a) It shall be unlawful for any person to perform plumbing work or engage in the business of a plumbing contractor in the City without first being currently registered as a plumbing contractor with the Department. A person may be registered as a plumbing contractor upon showing a current Colorado plumbing contractor's 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 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. (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 Building Official or any Department inspector upon the request of the Building Official or an 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 law of the State 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 plumber, journeyman plumber 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 plumbing utility contractor without first being licensed therefor by the Plumbing Board of Appeals. A plumbing utility contractor includes any person who engages in the business of installing one (1) or more of the following: water service lines, building sewers, private fire mains and similar specialty plumbing installations. A person may be licensed to install one (1) or more of such items, but in no event shall such license authorize the licensee to install waste, drain or venting piping. A person licensed as a plumbing contractor or master plumber by the State may be licensed as a plumbing 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. Sec. 4-1-24. Mechanical contractors (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 Appeals. No plumbing contractor shall be registered by the Department as a Mechanical C contractor limited to gas until the contractor pays the 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 \[Pueblo Regional\] Southern Colorado Building Department to engage in the trade or business of a master mechanical contractor, journeyman sheet metal worker, journeyman gas fitter or refrigeration 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 refrigeration apprentice for a licensed journeyman, but shall not do any work for which a license is required by the Department except under 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 Department who desires to perform gas piping installation shall be licensed by the Department. In such case the license issued shall be a Mechanical C contractor's license limited to gas piping 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 fields. (2) Mechanical Contractor-C (Limited). The holder of this license is authorized to perform any one (1) of or any combination of four (4) of the following trades: gas piping, heating, ventilating, air conditioning or refrigeration work in any structure. (3) 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 engage in and perform gas fitting work under any permit issued to a mechanical contractor. (4) 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 engage in and perform sheet metal work under any permit issued to a mechanical contractor. (5) Gas Fitter-Welder. A person certified by the Mechanical Board of Appeals, 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. (6) Apprentice. An apprentice is a person being trained and is not authorized to do any installation, service, repair or layout unless under the direct supervision of a licensed master or journeyman. Sec. 4-1-25. Stationary engineers. (a) It shall be unlawful for any person to have charge of or operate any steam boiler or steam engine, either stationary or portable, except an automatically fired, low pressure hot water and low pressure steam boiler, installed under provisions of this Code within the City without first having obtained the appropriate registration from the Mechanical Board of Appeals of the Department or for any owner or user to place any person in charge of a steam boiler or steam engine, either stationary or portable, unless such person placed in charge is a duly registered stationary engineer. A person may be registered as a stationary engineer upon showing proof of a current stationary engineer's license. No stationary engineer shall be registered by the Department until the annual registration fee has been paid. Engineers and boiler tenders operating locomotives under the Interstate Commerce Commission or Surface Transportation Board regulations shall be exempt from the requirements of this Section. (b) All steam boilers and other steam-generating plants or apparatus now installed or to be installed in the City shall be inspected and tested by the State Boiler Inspector under the Colorado State boiler inspection law. Sec. 4-1-26. Offenses; criminal penalties; other enforcement. (a) It shall be unlawful for any 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. (b) It shall be unlawful for any 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 provisions of this Chapter. (c) It shall be unlawful 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. (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 any 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 Municipal Court Rules. (f) In the event any person, 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 (1) or more of them is not dependent upon the exercise of any other remedy, and the exercise of any one (1) or more of them does not constitute any bar or limitation to the exercise of any other. Sec. 4-1-27. Common interest community conversions. Notwithstanding anything in this Title or in any major or secondary code adopted in this Title by reference, the conversion of any building or structure into a residential common interest community, including condominiums, cooperatives and townhomes, shall be treated as a change of occupancy. Before any temporary or regular certificate of occupancy for any newly converted common interest community unit may be issued, the Building Official shall require that the building and the converted unit be made to substantially conform to the requirements of all major and secondary codes adopted in this Title. Additionally, before a certificate of occupancy may be issued, the building and each unit shall each be inspected by the Fire Chief or by a member of the Division of Fire Prevention of the Fire Department and be determined to substantially comply with the Fire Code. SECTION 3. In accord with City Charter Section 3-22, the codifier is instructed to amend the wherever it appears and replacing those terms Southern Colorado the Pueblo Municipal Code: P.M.C. Section No. Descriptive Heading 4-2-1 International Building Code; adoption by reference 4-2-2 Amendments, IBC and IECC 4-2-3 Responsibility for damages; liability of City 4-2-4 Interpretation Offenses; criminal penalties; permit revocation; and 4-2-5 other enforcement provisions National Electrical Code and International Code Council Electrical Code Administrative Provisions; 4-3-1 adoption by reference Offenses; criminal penalties; permit revocation; 4-3-8 other enforcement 4-4-1 Colorado Plumbing Code; adoption by reference Amendments to Colorado plumbing code, section 4-4-2 1.2 e.1 to add following: 4-4-3 Amendments to minor codes International Mechanical Code; adoption by 4-5-1 reference 4-5-2 Amendments Offenses; criminal penalties; permit revocation; 4-5-3 other enforcement International Residential Code; adoption by 4-6-1 reference 4-6-2 Amendments 4-6-4 Responsibility for damages; liability of City 4-6-5 Interpretation Offenses; criminal penalties; permit revocation; and 4-6-6 other enforcement provisions 4-8-5 Responsibility for damages; liability of City Adoption of the Uniform Code for the Abatement of 4-13-1 Dangerous Buildings 4-13-2 Amendments 4-14-8 Designation of Landmark or Historic District 4-14-9 Interim protection 4-14-12 Application for Certificate of Appropriateness 4-14-13 Demolition Permits 4-14-15 Certificate of Economic Hardship 9-1-1 Definitions 9-1-6 Procedure for application; approval or denial 9-1-13 License revocation, suspension or nonrenewal 9-5-3 Application; decision; appeal 9-5-7 Partial Operation 9-5-8 Extended Stay 9-14-3 Permit regulations Requirements to obtain and retain a medical 11-10-308 marijuana License Requirements to obtain and retain a retail marijuana 11-11-308 license 11-11-323 Early issuance of a license 12-4-3 Definitions 12-4-4 Authority and Control 12-4-5 Subdivision Procedures 17-4-7 Landscape Performance Standard 17-4-10 Bed and breakfast home performance standards 17-4-11 Residential Placement Standards 17-4-23 Accessory Buildings and Structures 17-4-32 Temporary and Interim Uses 17-4-46 Large-scale development performance standards 17-16-105 Exemptions Relationship of These Regulations to Other 17-16-106 Requirements SECTION 4. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 5. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on November 10, 2025. Final adoption of Ordinance by City Council on November 24, 2025 President of City Council Action by the Mayor: Approved on . Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: Council did not act to override the Mayor's veto. Ordinance re-adopted on a vote of , on Council action on ____________________ President of City Council ATTEST City Clerk