Contractor License

The purpose of this chapter is to promote the public health, safety, and welfare by establishing contractor licensing to ensure that the persons responsible for the erection, construction, enlargement, alteration, repair, moving, removal or conversion of buildings and other structures in the Town are qualified to perform such services and possess insurance to protect consumers during the process.

1. For the purpose of this chapter, the term "contractor" means any person, firm, partnership, corporation, association, or organization, or any combination thereof, who undertakes for himself or herself, or with or for another, within the Town to build, construct, alter, repair, add to, demolish, or move any building or structure or any portion thereof or do any work, or supervise any work for which a license is required under the provisions of this chapter for a fixed sum, price, fee, percentage, trade-in-kind or other compensation, including the cost of materials or labor or any combination thereof.
   
   
2. The following are not contractors within the meaning of this chapter: 

1. Employees working for and under the supervision of a general contractor licensed under this chapter;
2. A homeowner who builds, constructs, alters, repairs, adds to, or demolishes any building or structure or any portion thereof that constitutes the owner's residence or a building or structure accessory thereto that is intended for the owner's personal use. An owner may build one single-family dwelling in a three-year period without obtaining a contractor's license, provided the owner occupies the dwelling a minimum of two years after the certificate of occupancy is issued.

1. No person shall perform any work as a contractor in the Town without first obtaining a license from the Building Division. 
2. A licensed general contractor, qualified to complete the scope of work intended, is required on any project employing two or more required licensed trades. 
3. No permit shall be issued for work to be done by a person who does not possess a valid, current license as required by this chapter for the type of work to be performed. 
4. No person other than a Class A or Class B licensed contractor shall perform work on buildings that contain more than four dwelling units or commercial and industrial buildings with an occupant load of ten or more or other buildings that are required by state law to be designed by an architect or engineer. 
5. Public utility companies shall not be required to obtain the licenses described in this chapter when engaged in the installation, operation, and maintenance of their equipment used for the production, generation, or distribution of the utility, product, or service through the facilities owned or operated by the utility company to the point of customer service. 

1. General.
   
   1. Every licensee shall be required to identify an individual as the person who will be responsible for all work performed by the licensee. The qualified individual may be the owner of the company or an employee.
   
   
2. Validity. The license shall be valid only as long as the qualified individual remains in the capacity as owner or employee of the licensee in an active, full-time capacity providing personal supervision at the work, job, or project site in the Town adhering to reasonable attention to the job to ensure proper construction as determined by the Building Division. 
3. Effect of termination or change in status. If the qualified individual should leave the employ of the licensee or is placed on an inactive or part-time status, the licensee shall notify the division in person or by mail within three business days after the change of status. In case of notification by mail, notification shall be effective upon receipt by the division. Failure of the licensee to so notify the division shall be cause for suspension or revocation of the license. The licensee shall be required to identify a new qualified individual in accordance with the following schedule: Class A and B contractors, 60 days with one extension period of 60 days; all other contractors, 30 days with one extension period of 30 days. To obtain an extension, a licensee must submit a request in writing to the Building Division explaining why the extension is needed. If a replacement is not employed in an active, full-time capacity within the identified period, the license shall be deemed suspended until such qualified individual is identified and approved by the Building Division. 
4. Effect of lack of personal supervision. Failure of the qualified individual to provide personal supervision at the work, job or project site in the Town adhering to reasonable attention to the job site to ensure proper construction as determined by the Building Division shall be cause for suspension or revocation of the license. 

A. Applicant requirements. An applicant for an initial building contractor license shall: 

1. Apply on forms furnished by the Building Division, provide such information relating to the applicant's competence, experience, and job references; 

2. All Class A, B, C, D-2, and M contractors shall provide appropriate passing ICC testing certificate(s) for the type    of work licensed for.  All Class E and P contractors require appropriate State of Colorado Master and Contractors  Licensees.  Class D-11 and D-14 require appropriate State of Colorado certification.   Class D and MUN  contractors not listed above typically do not require, but may require, additional proof of qualifications at the  discretion of the Building Division.

3. All contractors must provide evidence of insurance coverage as specified in section 6-37-70 of this chapter.

B. License changes.

 1. Change of name or address. A change of address of a licensee shall be reported to the division within seven business days and change of name within 15 business days after making the change.

2. New licenses required. The creation of a new legal entity, even though one or more of the members, officers, or directors have a license, shall require that a new license be obtained within 30 business days after the change is  made.

3. Dissolution. The dissolution of a corporation or partnership that has been licensed terminates the license and no person may operate under that license.

4. Inactive license. A contractor may elect to have his or her license become inactive by notifying the division and  paying the appropriate annual fee. No insurance certificates are required for an inactive license. No one shall  perform work with an inactive license.

C. Classification; upgrading. Licensees electing to upgrade their license to a higher classification must submit a new application.

D. Denial or revocation; reapplication. If a license is denied or revoked by the Building Division, and in case of an appeal, if the denial or revocation has been affirmed by the board, the applicant may reapply, but not sooner  than 365 days after the denial or revocation, or in the case of an appeal, 365 days after the order of the board  affirming the denial or revocation. 

A licensee under this chapter may renew the license yearly by completing an application for renewal form furnished by the Building Division, paying the fees prescribed, and filing the certificate of insurance prescribed by section 6-37-70. This certificate of insurance shall identify the limits of the insurance, policy number, name of insurance company, effective date, and expiration date of each policy, and a copy of an endorsement requiring ten days' advance written notice to the chief building official in the event of cancellation.

1. Every contractor granted a license under the provisions of this Code shall be required to maintain general liability insurance as required by the Town’s policy minimums and subject to update.
2. Contractors shall be required to show proof of worker's compensation insurance when applicable. 

1. Class A license. A Class A license entitles the licensee to contract for the construction, alteration, or repair of any type or size of building or structure permitted by the adopted building code except electrical, plumbing, mechanical, fire extinguishing, and elevators, unless licensed to do such work under a specialty trade license. A Class A license holder can demolish any building, structure, or portion thereof when rebuilding on-site. 
2. Class B license. A Class B license entitles the licensee to contract for the construction, alteration, or repair of any type or size of building or structure other than those classified as Type I-A or Type II-A, permitted by the adopted building code, except electrical, plumbing, mechanical, fire extinguishing, and elevators, unless licensed to do such work under a specialty trade license. A Class B license holder can demolish any building, structure, or portion thereof when rebuilding on-site. 
3. Class C license. A Class C license entitles the licensee to contract for the construction, alteration, or repair of one- and two-family dwellings or townhouse dwellings three stories or less in height, permitted by the adopted building code, including accessory buildings. A Class C licensee may demolish buildings, structures or portions thereof when rebuilding on-site. 
4. Class D specialty contractor's license. A Class D specialty contractor's license entitles the licensee to contract for labor or for labor and materials involving only one trade as defined below. A Class D licensee may be licensed to perform more than one such specialty.  Proof of qualifications may be required to obtain a Class D license.
   
   1. D-1: Drywall. The installation of drywall including fire resistance-rated assemblies (includes the installation of nonbearing partitions).
   
   2. D-2: Roof covering and waterproofing. Installation of roof coverings including valleys, gutters and downspouts, waterproofing, and damp-proofing.
   
   3. D-3: Masonry and fireplaces. Laying and forming all types of masonry.
   
   4. D-4: Concrete foundations and caissons. Installation of foundations and caissons.
   
   5. D-5: Wood framing. The fabrication and erection of wood framing for all types of building.
   
   6. D-6: Swimming pools and spas. The installation of swimming pools and spas.
   
   7. D-7: Structural metals. The fabrication and erection of structural metal for all types of buildings or structures, excluding the complete construction of a building.
   
   8. D-8: Precast concrete building units. The erection of precast concrete structural units for all types of buildings and structures.
   
   9. D-9: Prefabricated metal patios, carports, and awnings. The installation of prefabricated metal patios, carports, and awnings.
   
   10. D-10: Siding. The installation of siding on new or existing buildings or structures.
   
   11. D-11: Elevator. The installation of elevators, escalators, or dumbwaiters in existing or new construction buildings or structures. (State of Colorado certification required.
   
   12. D-12: Demolition. The demolition of buildings or structures or portions thereof.
   
   13. D-13: Moving. To prepare and move all types of buildings or structures.
   
   14. D-14: Fire sprinkler. The installation of all types of fire-extinguishing systems. (State of Colorado certification required)
   
   15. D-15: Low-voltage. The installation of low-voltage fire alarm, communications, and data cable.
   
   16. D-16: Lawn sprinkler. The installation of lawn sprinkler systems together with backflow prevention devices.
   
   17. D-17: Signs. To fabricate, erect, install, remodel, repair, and maintain all types of signs.
   
   18. D-18: Manufactured home installer. The installation of manufactured homes, inclusive of all but electric utility connections and deck or porch additions, to manufactured homes.
   
   19. D-19: Replacement windows including glass and glazing. The installation of all types of glazing in residential, commercial, and industrial buildings including skylights, store fronts, structural glazing, and glass curtain walls.
   
   20. D-20: Other. Any other specialty trade not otherwise identified.
   
   21. D-21: Fence. The fabrication and erection of fencing (except masonry) around all types of buildings.
   
   22. D-22: Insulation. The installation of all types of insulation products and systems.
   
   23. D-23: Gas fireplaces. The installation of gas fireplace systems using "B" vents including related gas piping.
   
   24. D-24: Commercial kitchen hood cleaning. To clean Type I kitchen hoods per adopted fire code.
5. Class M Mechanical. This license entitles the holder to install, add to, alter, or repair warm-air heating, venting, evaporative, and refrigeration cooling, exhaust systems and their appurtenances, hot water systems, process piping, refrigeration systems, and related appurtenances. 
6. Class E Electrical.
   
   1. No person shall be granted a permit to engage in the electrical installation of wiring, appliances, or electrical apparatus of any nature, kind, or description (except central stations, power houses, or substations) for the purpose of transmitting or utilizing current for light, heat, power, or electrical signal systems, or other purposes inside of or in connection with any building or buildings, unless such person has received a master electrician license and electrical contractor's license from the state.
   
   2. Any person desiring to engage in the business of contracting for the installation, altering, or repairing of electrical wiring and apparatus of any kind or nature shall first register with the division stating the name of the person making the application, such person's place of business, the master electrician's name, and the master electrician's license number.
   
   3. No person shall be registered for contracting under this section unless holding a master's license and contractor's license from the State of Colorado. Any person so holding those state licenses in this profession shall be permitted to register with the Town upon his or her compliance with the other provisions of this section, which registration shall be good for a period of one year subject to suspension or revocation by the Building Division at any time if the holder thereof fails to comply with the provisions of this chapter and all other provisions of this Code relating to electrical standards.
   
   4. No electrical contractor shall employ any journeyman or apprentice electrician who is not duly licensed or registered by the State of Colorado. 
7. Class P Plumbing.
   1. Any person desiring to engage in the business of contracting for the installation, altering, or repairing of plumbing fixtures and apparatus of any kind or nature shall first register with the division stating the name of the person making the application, such person's place of business, the master plumber's name, and the master plumber's license number.
   
   2. No person shall be registered as a master plumber under this section unless holding a master's and contractor's license from the State of Colorado. Any person so holding those state licenses in this profession shall be permitted to register with the Town upon compliance with the other provisions of this section. Such registration shall be good for a period of one year, subject to suspension or revocation by the Building Division at any time if the holder thereof fails to comply with the provisions of this chapter and all other provisions of this Code relating to plumbing standards.
   
   3. No plumbing contractor shall employ any journeyman or apprentice plumber who is not duly licensed or registered by the State of Colorado. 
8. Mun Municipal

1. Mun-1: Excavation. A license to do excavation work shall be required for street, alley, and other roadway-related construction in the public way, inclusive of:

1. Excavation, grading, leveling of subgrade.
2. Compaction, rolling, graveling, asphalting, paving, curbing, draining, potholing, boring, trenching, backfilling, and drilling.
3. Installation of water mains, sanitary sewer mains, storm water mains, water and sanitary sewer service lines, storm drains, and all related structures.
4. Construction of curb, gutter, curb & gutter, sidewalks, medians, streets, alleyways, or any other infrastructure.
5. Installation of fiber optic, cabling, conduit, electrical, natural gas, or any other utility infrastructure.

2. Mun-2: Right-of-Way Occupation. A license to occupy the public way, shall be required for any work occurring in the public way, inclusive of:

1. Traffic control.
2. Installation of street and/or pedestrian lights. A separate electrical permit may be required from the Building Division.
3. Tree trimming and/or cutting on public or private property.
4. Staging or storage of materials, equipment, storage containers, and/or trash receptacles.
5. Installation of any permanent public or privately-owned infrastructure.

1. Examination and Qualification requirements listed in this section are required for specific contractors. The list is not exhaustive and may change without notice.
   
   
2. ICC – International Code Council – National Testing Requirements
   
   1. Class A
   a. F11-N - National Standard General Building Contractor (A)
   
   2. Class B
   F12-N - National Standard General Building Contractor (B)
   
   3. Class C
   a. F13-N - National Standard Residential Building Contractor (C)
   
   4. Class D-2
   a. G14-N - General Roofing Contractor
   b. F14-N - National Standard Roofing Contractor/Subcontractor
   
   5. Class M
   a. F29 - National Standard Master Mechanical
   b. F31 - National Standard Journeyman Mechanical
3. State of Colorado Licensing and Certification
    1. Class E
    a. Master Electrician License
    b. Electrical Contractor License
   
   2. Class P
   a. Master Plumber License
   b. Plumbing Contractor License
   
   3. Class D-11
   a. Conveyance Contractor License
   
   4. Class D-14
   a. Fire Suppression Contractors License
4. For any work requiring a licensed contractor, permits shall be issued only to the licensed contractor or to the contractor's authorized representative.
   
   
5. The Building Division may require an exam of any specialty contractor if it becomes necessary to establish proper credentials for licensing.

All contractor's licenses issued pursuant to this chapter shall expire one year from date of issuance.

Contractor and examination fees shall be established and from time to time revised by resolution of the Town Board.

A. The Building Division may deny a license under this chapter upon a finding of any of the following: 

1. The applicant has failed to provide information requested on the application form; 
2. The applicant has failed to obtain required insurance; 
3. The applicant has failed to pay the required license fee; 
4. The applicant is not qualified by experience, training, or education to engage in the activity authorized by the license; 
5. The applicant has previously had a contractor's license revoked or suspended in this or another jurisdiction; 
6. The applicant has failed to pass an examination designed to test the applicant's qualification for the license requested; 
7. The applicant has previously failed to comply with the ordinances and regulations of the Town relating to conducting any contracting business licensed by this chapter.
   
   B. If the Building Division denies a license application under this section, such official shall notify the applicant in writing stating the specific grounds for the denial. The applicant may thereafter appeal the denial of the application under the procedures prescribed by section 6-37-140. 

1. The contractor licensed under this chapter is responsible for all work performed under each contract executed pursuant to such license, whether the contractor, an employee, or a subcontractor performs the work. 
2. The contractor licensed is responsible for obtaining permits prior to any work being performed on-site. 
3. The licensed A, B, and C contractor is required to inform the Building Division at the time a permit is issued of the major subcontractors working on the project, if any, including, but not limited to, plumbing, electrical, and mechanical subcontractors, and to ensure that all other subcontractors are licensed for the specialty work that they are hired to do. 

1. The Building Division shall, upon the verified complaint in writing of any person, require any contractor or qualified individual, pursuant to this chapter, to appear before the board for hearing on the suspension or revocation of a license. The contractor or qualified individual shall be given a copy of the complaint and a written notice of the time and place of the contemplated hearing before the board at least 20 days prior to the hearing. The written notice shall be served personally or shall be posted by first class mail to the last known mailing address. At the hearing before the board, the contractor or qualified individual shall have the right to present his, her, or its case by oral and documentary evidence, to submit rebuttal evidence, and to conduct such cross examination as may be required for a full and true disclosure of the facts. The contractor or qualified individual shall be entitled at said hearing to have the benefit of legal counsel of his, her, or its own choosing and at his, her, or its own expense. 
2. The board, after review of the evidence presented, shall have the power to suspend or revoke said license and to suspend or revoke the contractor's right to act as a contractor and shall have the power to suspend or revoke the right of the qualified individual to serve for any other partnership if, in the opinion of three of the five board members, the evidence supports a finding that the contractor and/or qualified individual committed one or more of the following acts or omissions: 

1. Fraudulent departure of a life, health, safety, or structural nature from plans or specifications without authority    from the Building Division; 
2. Willfully violating any provisions of this Code including any codes that are adopted by reference; 
3. Failure to comply with any lawful order of the Building Division or any other authorized representative of the  Town; 
4. Fraudulent use of a contractor's license to obtain permits required under the building codes for any other    person, corporation, or legal entity; 
5. Misrepresentation by an applicant of a material fact when applying for a contractor's license, or fraud in  obtaining a contractor's license; 
6. Commitment of any act of gross negligence or willful misconduct in the conduct of the contractor's specific  trade of business on work done by the contractor that is regulated by the provisions of the building code; 
7. Failure to obtain a proper permit for any work for which a permit is required by virtue of this Code; 
8. Willful and deliberate failure to give written notice to the Building Division within three business days of the retirement, termination, or cessation of employment or disassociation with the contractor of the person, who by examination, qualified for the contractor's license; or 
9. Conviction by a court having competent jurisdiction of the contractor and/or the examinee of fraudulent use of funds or property received by virtue of contract. 

C. Emergency suspension. If the Building Division finds that emergency cause exists for suspension or revocation of a license, such official may enter an order for immediate suspension of such license, pending further investigation and proceedings for suspension or revocation, as provided in this chapter.

D. Definitions. The following words, terms, and phrases, when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 

1. Board means the Building Appeals Board. 
2. Division means the Building Division.
3. Fraudulent acts or conduct. The elements necessary for establishing fraudulent acts or conduct are: 
   1. The contractor made a false representation of a past or present fact; 
   2. The fact was material; 
   3. The contractor made the representation without an honest belief that it was true; 
   4. The contractor made the representation with the intent that the Town and/or owner act or refrain from acting in reliance on it; 
   5. The Town and/or owner, relying on the representation, acted or refrained from acting as the contractor intended; 
   6. The Town and/or owner's reliance was justified. 
4. If the board finds that all of these elements have been established by preponderance of the evidence, then it may find that the contractor has committed a fraudulent act or acts or has committed fraudulent conduct. If, on the other hand, any one or more of the elements has not been established by a preponderance of the evidence, the board shall not find the acts or conduct to be fraudulent. 
5. Gross negligence, as used in this chapter, means negligence that consists of an affirmative act purposefully committed, or the purposeful failure to do an act that the contractor (or examinee) was under a duty to perform, which act or omission the contractor (or examinee) knew was dangerous to another person or property and that he or she performed or omitted heedlessly without regard to the consequences of the rights, health, safety, or welfare of another person or property. 
6. Willfully, as used in this chapter, means designed, intentional, not accidental or involuntary, proceeding from a conscious motion of the will. A willful act may be described as one done intentionally, knowingly, and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly, or inadvertently.
   
   E. The Building Division may voluntarily suspend licenses upon the written consent and approval of the licensee. The decision of the Building Division shall be final and any appeal therefrom shall be pursuant to rule 106(a)(4), Colorado Rules of Civil Procedure.

Violation of this section, if brought in municipal court, shall be proven by a preponderance of evidence at trial. The court shall punish any person, firm, or corporation violating this chapter by a fine pursuant to Sec. 6-14 of this Chapter. Each day or part of a day any violation exists is a separate offense.

Nothing contained in this chapter shall be deemed a waiver of the provisions of any other ordinance or regulation applicable to the construction industry. If there is a conflict between this chapter and any other ordinance or regulation, the more stringent shall apply.