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Chapter 14.11 - Registration of Contractors

14.11.010 Registrations required
No person, firm, or corporation shall perform any work or service, or contract with any other person, firm, or corporation or with any governmental entity to perform any work or service for compensation, in or in connection with the erection, construction, enlargement, alteration, repair, moving, improvement, removal, conversion, or demolition of any building or structure in this City or in connection with causing the same to be done, or working within the public right-of-way, where the work done or to be done or caused to be done requires a permit or is regulated by the Building Code, nor shall any permit be issued to any such person, firm, or corporation, unless such person, firm, or corporation shall have first obtained and paid the required registration fee for, and shall keep and maintain in full force and effect by the payment of annual fees, a valid registration authorizing such person, firm, or corporation to conduct work or perform services within the categories set forth in this chapter.
The registered contractor is responsible for fulfilling the terms of the permit issued, particularly with reference to meeting all minimum code requirements. The Building Official may issue one building permit to an applicant for a registration before the registration is issued, providing the Building Official has approved the registration application and all moneys have been paid. (Ord. O-2011-10 § 11, 2011; Ord. O-86-7 § 1 (Exh. A (part)), 1986).

14.11.020 Registration required-Exception
A. Registrations shall be required for all types of work hereinafter specified and classified.
B. Exception. Upon evidence satisfactory to the Building Official that the applicant is competent to perform as a contractor in the categories in which the work falls, the requirement for a registration may be waived for the following:
1. Public utility and communication companies and water and sanitation districts and mutual companies when engaged in the installation, operation, and maintenance of equipment which will be used for the production, generation, or distribution of the utility, product or service from their source through the facilities owned or operated by utility companies to the point of the customer service, but not their buildings;
2. An owner acting as a contractor when engaged in the construction of a new R-3 single-family detached, or U occupancy for the owner’s personal use. Plumbing, mechanical and electrical work must be performed by registered contractors. There shall be no limit on the number of permits issued for one address. In order to qualify for the exception in this subsection, such owner shall be limited to the construction of no more than one new building of R-3 single-family detached or U occupancy in thirty-six months;
3. An owner acting as a contractor when engaged in the alteration and/or addition(s) to owner occupied R-3 or U occupancies. Owners may also obtain plumbing, mechanical and electrical permits for alterations and additions when approved by the Building Official.
4. An owner of commercial and/or industrial property may perform nonstructural remodeling. A commercial tenant may also perform nonstructural work within their leased space with written permission presented to the City from the owner. All such work must be nonstructural. Work performed in this category may not exceed more than thirty percent of the area of the structure. There shall be no limit to the number of permits issued to the owner per one address per year. Electrical, plumbing, and mechanical work is excluded from this exception. The owner can do the following categories of work when the following requirements have been met:
a. Plumbing work when the owner or a person directly on owner’s payroll has a valid state master plumber's license,
b. Electrical work when the owner or a person directly on owner’s payroll has a valid state master electrician's license,
c. Mechanical work when satisfactory evidence of the competence of the owner or person(s) directly on owner’s payroll is submitted to the Building Official.
Although the requirements for a registration may be waived, such waiver shall not apply to permits. (Ord. O-2011-10 § 11, 2011; Ord. O-90-15 § 32, 1990: Ord. O-86-7 § 1 (Exh. A (part)), 1986).

14.11.030 Application information
Applications for registration shall be on such forms and shall contain such information as may be required by the Building Official, and applicants may at any time or from time to time be required to furnish additional information with respect to their qualifications and financial status or other matters relating to or affecting their registrations as may be deemed necessary or desirable by the Building Official or the Board of Appeals. Failure to furnish such information within sixty days or to furnish supplemental information as may be required by the Building Official or the Board of Appeals shall be grounds for denial of registration or revocation of registration. (Ord. O-2011-10 § 11, 2011; Ord. O-86-7 § 1 (Exh. A (part)), 1986).

14.11.040 Registration approval
The Building Official shall review all contractor registration applications. The Building Official has the authority to make the following decisions: approval, approval with restriction, approval with probation, and denial.
A. All decisions of the Building Official are subject to review by the Board of Appeals.
B. If the registration is granted on a restricted or probationary basis, the applicant will be advised as to the limits or restrictions of the registration during the period of probation.
C. The Building Official may at any time during the probationary period request the applicant to appear before him for further review. The Building Official may at any time review the applicant's compliance with the Building Code. At the end of the probationary period, the Building Official will decide whether or not the applicant has satisfactorily met the criteria of the probation and therefore is eligible for unrestricted registration.
D. If the registration is granted on a probationary or restricted basis, or is denied by the Building Official, the applicant may appeal to the Board of Appeals within thirty days of said decision of the Building Official or the applicant may reapply, but no sooner than ninety days from such decision. After two denials, no further application will be accepted for consideration by the Building Official within a year of the second denial. (Ord. O-2011-10 § 11, 2011; Ord. O-86-7 § 1 (Exh. A (part)), 1986).

14.11.050 Validity of registration
Registrations are valid only when the information contained on the application including name, business designation, and address is correct and current and any change is reported within thirty days after making the change or prior to making an application for a building permit.
A. Incorporation or change in incorporation creating a new legal entity shall require a new registration for such entity even though one or more stockholders or directors have a registration.
B. The organization of a partnership or the change in a partnership creating a new legal entity shall require a new registration, even though one or more of the partners are registered.
C. The dissolution of a corporation or partnership which has been registered terminates the registration and no individual or firm may operate under such registration.
D. Registrations are not transferable.
E. A registration shall remain valid until the expiration date on the registration certificate, unless otherwise suspended, revoked or cancelled. Renewal shall be the responsibility of the contractor.
F. The regulations contained herein shall also apply to sole proprietorships. (Ord. O-2011-10 § 11, 2011; Ord. O-86-7 § 1 (Exh. A (part)), 1986).

14.11.060 Registration fee
Persons, firms, or corporations required to be registered shall pay to the City the annual registration fee as adopted by City Council resolution and shall complete the registration application form provided by the City for such purpose. Registrations may be issued for a period of one year to three years at the discretion of the Building Official,and shall by their own terms expire at the end of such term. (Ord. O-2011-10 § 11, 2011; Ord. O-94-40 § 3, 1994; Ord. O-86-7 § 1 (Exh. A (part)), 1986).

14.11.070 Registration fee refund
In the event of a request for refund of registration fees, twenty-five percent of the fee shall be retained by the City to cover the costs of processing the application for registration. No refund shall be permitted subsequent to the issuance of any permits to the registrant. (Ord. O-2011-10 § 11, 2011; Ord. O-86-7 § 1 (Exh. A (part)), 1986).


14.11.080 Classification of registration
There shall be various classes of registrations and the holder of each registration shall be authorized to perform within the classification as outlined in Section 14.11.090. Fees and insurance schedules will vary with the class of registration held by the registered contractor. (Ord. O-2011-10 § 11, 2011; Ord. O-86-7 § 1 (Exh. A (part)), 1986).


14.11.090 Registration classification descriptions
Class A Structural Contractor.
1. Unlimited Commercial. New which includes remodel. May take permits and contract for any type or size of structure, including demolition of any structure. Contractors within this category may operate within all categories subordinate to this category. Registrant may operate as a Class D municipal contractor, subject to restrictions therein and provided the work is performed by competent personnel directly on the registrant’s payroll and provided the registrant applied for and received approval to extend the registrant’s classification to include each or any of the above.
2. Limited Commercial. New which includes remodel. May take permits and contract for construction limited to two stories, including demolition of these structures. All R occupancies shall be limited to a maximum of four stories. Contractors within this category may operate within all categories subordinate to this category, and may operate as a Class D municipal contractor, subject to restrictions therein and provided the work is performed by competent personnel directly on registrant’s payroll and provided the registrant applied for and received approval to extend the registrant’s classification to include each or any of the above.
3. Residential. New construction, which includes remodel. May take permits and contract for any structure of Group R-3 or U occupancy, which may include minor demolition in connection with permitted construction. Registrant may also operate as a Class D municipal contractor when such work is in connection with the registrant’s permitted construction.
4. Commercial/Residential Remodel. May take permits and contract for any improvements, remodels and repairs, of Group R-3 or U occupancies and commercial or industrial properties. Work performed may not exceed more than 30 percent of the area of the original structure.
5. Special. May take permits and contract for work in one or more of the categories below when such categories are designated on the approved registration:
a. Concrete (includes retaining walls not in the public right-of-way);
b. Demolition (demolish, move or salvage and structure);
c. Drywall-lath plaster;
d. Elevator (electrical work must be performed by a Colorado state-licensed electrician in the employ of this contractor or by a registered electrical contractor);
e. Excavating and grading;
f. Fence;
g. Masonry and fireplace (fireplace may be masonry or mechanical);
h. Roofing and waterproofing;
i. Siding;
j. Sign;
k. Steel-iron-sheet metal;
l. Swimming pool;
m. Framing;
1. Low Voltage;
2. Miscellaneous;
3. Insulation.
The above listed special categories of work may be performed on both residential and commercial properties. Class 5 special contractors may perform work not specifically stated on the registration that is directly related to or in connection with the designated category or categories for which the registration was issued. Except for the simple connection of a sign or small appliance to a prepared electrical source, all electrical work must be performed by either a Colorado state-licensed electrician in the employ of the registrant and/or a City of Lakewood-registered electrical contractor. Direct connections to the plumbing systems and/or potable water supply must be made by either a Colorado state-licensed master plumber in the employ of the registrant, or by a City of Lakewood-registered plumbing contractor. Class 5 special contractors may operate as a subcontractor in the type of work for which their registration was approved.
Class B Plumbing Contractor.
Plumbing contractor shall mean any person, firm, partnership, corporation, association or combination thereof who undertakes or offers to undertake for another the planning, laying out, supervising and installing or the making of additions, alterations and repairs in the installation of water supply, waste and vent, building drain and/or sewer, or gas lines.
In addition, a Class B plumbing contractor may perform work in the Class C mechanical category and may do work in the public right-of-way provided that registrant is able to comply with requirements for a Class D Municipal registration.
In addition to any materials that may be required by this chapter for an application for registration, applicants for a Class B plumbing registration shall provide the following:
1. A copy of the current Colorado State Plumbing Contractor's License.
2. The name, address, and copy of the current master plumber card of any master plumber employed by the plumbing contractor.
No plumbing permit shall be issued to any plumbing contractor who does not have a valid and effective registration at the time of issuance of such permit; nor shall a plumbing permit be issued to an owner or to any other person or contractor for the performance of work within the City by a plumbing contractor who does not have a valid and effective registration at the time of issuance of such permit; provided, however, that the Building Official may, in the Building Official’s discretion, issue a permit for such work to an owner or contractor upon the specific written condition made a part of such permit that the planning, laying out, supervising, installing, or making of additions, alterations, or repairs in the installation of water supply, waste and vent, building drain and sewer, and gas lines shall be performed by a plumbing contractor having a valid and effective registration under the provisions hereto at the time of the performance of the work under such permit.
Class C. Mechanical Contractor.
May perform all mechanical work. May not perform work in the Class B plumbing category other than installation, modification or repair of gas lines.
Class D. Municipal Contractor.
May take permits and contract for work in the public right-of-way or on private property. This work includes installation of sewer, water, storm drains and service lines and includes excavation and backfilling of trenches or installation of asphalt or concrete paving, curbs, gutters and sidewalks. A Class D municipal contractor will be required to fulfill additional insurance requirements as specified by the City. The issuance of permits to work in the public right-of-way is subject to collateral requirements as established by City ordinances covering such work.
Class E Electrical Contractor.
Electrical contractor shall mean any person, firm, partnership, corporation, association or combination thereof who undertakes or offers to undertake for another the planning, laying out, supervising and installing or the making of additions, alterations and repairs in the installation of wiring apparatus and equipment for electrical light, heat and power.
It is unlawful for any electrical contractor, as defined in this section, to undertake or offer to undertake for another the planning, laying out, supervising, installing or making of additions, alterations or repairs in the installation of wiring apparatus and equipment for electrical light, heat or power, unless such electrical contractor shall be registered with the City pursuant to the terms and provisions of the ordinance codified in this chapter, and unless such registration is then currently effective and in good standing, and not suspended, revoked, terminated or expired.
In addition to any materials that may be required by this chapter for an application for registration, applicants for a Class E Electrical registration shall provide the following:
1. A copy of the current Colorado State Electrical Contractor's License Certificate.
2. The name, address, and copy of the current master electrician card of any master electricians employed by the electrical contractor.
No electrical permit shall be issued to any electrical contractor who does not have a valid and effective registration at the time of issuance of such permit; nor shall an electrical permit be issued to an owner or to any other person or contractor for the performance of work within the City by an electrical contractor who does not have a valid and effective registration at the time of issuance of such permit; provided, however, that the Building Official may, in the Building Official’s discretion, issue a permit for such work to an owner or contractor upon the specific written condition made a part of such permit that the planning, laying out, supervising, installing, or making of additions, alterations, or repairs in the installation of wiring apparatus and equipment for electrical light, heat or power shall be performed by an electrical contractor having a valid and effective registration under the provisions hereto at the time of the performance of the work under such permit. (Ord. O-2011-10 § 11, 2011)

14.11.100 Upgrading of registration
Registered contractors wishing to upgrade their registration to a higher classification must submit a new application and any other information deemed necessary by the Building Official. Such new registration, if approved, will then be in force for a period of one year to three years at the discretion of the Building Official. No credit shall accrue toward the new classification fee for the unused term of the original registration. (Ord. O-2011-10 § 11, 2011)

14.11.110 Registrant responsibility-General
All registrants shall be responsible for work requiring a permit under the provision of the Building Code and for all the items as herein listed in this section:
A. To provide minimum required safety measures and equipment to protect workmen and the public as prescribed by the Building Code and other applicable local, state and federal regulations;
B. To present the registration certificate when requested by the Building Official or authorized representative;
C. To obtain a permit when required;
D. To construct, without substantial departure from or disregard of the drawings and specifications on file with the City and approved by the Building Official and permit issued for the same unless such changes are approved by the Building Official;
E. To complete all work authorized on the permit issued under the authority of the Building Code unless good cause is shown for non-completion;
F. To obtain inspection services when required by the Building Code;
G. To pay any fee assessed under authority of the Building Code; and
H. To comply with any order issued under authority of the Building Code. (Ord. O-2011-10 § 11, 2011)

14.11.120 Suspension or revocation of registration
A Authority. The Building Official may suspend or revoke a registration when the registrant (including partners of a partnership, members of a firm or joint venture, or officers, directors or holders of ten percent or more of the stock of a corporate registrant) commits one or more of the following acts or omissions:
1. Failure to comply with any of the registrant’s responsibilities as outlined in this Title 14;
2. Knowingly combining or conspiring with any other person, firm or corporation to permit or allow the registration to be used by such persons, firms or corporations;
3. By acting as agent, partner, associate or in any other capacity with persons, firms or corporations to evade any provision of the Building Code;
4. Violation of the provisions of the Building Code;
5. Any conduct or activity made unlawful by the laws of the United States, the State of Colorado, or the ordinances of the City having any bearing upon, or relation to, the work or services performed under the registration or the conviction of or a plead of “nolo contendere” to any felony or offense involving moral turpitude, providing the provisions of C.R.S. 1973, Section 24-5-101 shall be applicable with respect to consideration of felony matters;
6. Any conduct constituting fraud or misrepresentation in or connected with any activity or activities relating to building or which are governed by this code;
7. Failure to keep and maintain necessary insurance, workmen's compensation or necessary state registrations and licenses.
8. The registration of an electrical contractor shall automatically be suspended upon the suspension by the State Electrical Board of a license held by the electrical contractor as an entity or of a member of a firm or joint venture, or an officer, director, or holder of ten percent or more of the stock of a corporate registrant. The registration shall be cancelled upon the revocation of any such license by the State Electrical Board.
9. The registration of a plumbing contractor shall automatically be suspended upon the suspension by the State Plumbing Board of a license held by the plumbing contractor as an entity or of a member of a firm or joint venture, or an officer, director, or holder of ten percent or more of the stock of a corporate registrant. The registration shall be cancelled upon the revocation of any such license by the Examining Board of Plumbers
B. Procedure. When any of the acts or omissions as herein enumerated are committed by a registrant and the Building Official deems that such registration shall be suspended or revoked, the procedure shall be as follows:
1. The registrant shall be notified, in writing, by certified mail, mailed to the registrant’s address of record with the Building Official, at least seven days prior to suspension or revocation;
2. Upon receipt of the notice, the registrant may request a hearing. Such request shall be in writing to the Building Official within ten days of mailing of the notice. A request for a hearing shall not stay any suspension or revocation imposed;
3. If a hearing is requested by the registrant in writing, within the time limits above, the Building Official shall set a time, date and place and so notify the registrant;
4. When a hearing is conducted, the registrant and other interested parties may be in attendance. Upon completion of the hearing, the Building Official may take all evidence admitted under advisement and shall notify the registrant of the findings and ruling in writing by certified mail;
5. If the decision rendered by the Building Official is adverse to the registrant, the registrant may appeal to the Board of Appeals as an “aggrieved” person and shall file an application for review by the Board of Appeals within thirty days after mailing of notice of the ruling of the Building Official. Appeals shall be in accordance with provisions of Chapter 14.12;
6. Should the Board of Appeals be called upon to review a decision of the Building Official, it shall conduct a hearing and set forth its findings and decisions in writing. Decision of the Board shall be made after notice and a hearing at which any party or applicant shall be entitled to appear and present evidence and be represented by counsel. Review from a decision of the Board of Appeals shall be as provided for in Rule 106 of the Colorado Rules of Civil Procedure, and shall be limited to the causes therein specified. Such appeal shall not delay the suspension or revocation. A record of the hearings before the Board shall be kept, whether by electronic transcription, secretarial minutes or otherwise, and such records shall be kept in the custody of the Building Official and shall be made available for transcription as may be required. Both the aggrieved party and the City shall be considered parties to every proceeding of this type before the Board of Appeals and the appeal procedures referred to above are available to the aggrieved party and the City;
7. Emergency Suspension. If the Building Official finds that an emergency exists which is cause for suspension or revocation of a registration, the Building Official may enter an order for immediate suspension of such registration, pending further investigation and proceedings for suspension or revocation as herein provided. The registrant may, upon notice of such suspension, request an immediate hearing before the Building Official. (Ord. O-2011-10 § 11, 2011)