4800 West 92nd Avenue Westminster, CO 80031

City Government

 

5. Contractor's License

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11/11

CHAPTER 5
CONTRACTOR'S LICENSE

5-5-1: DEFINITIONS
5-5-2: LICENSE REQUIRED
5-5-3: EXEMPTIONS
5-5-4: LICENSE APPLICATION; RENEWAL
5-5-5: CLASSIFICATION AND FEES
5-5-6: LICENSE DENIAL, NON-RENEWAL, CANCELLATION, SUSPENSION OR REVOCATION
5-5-7: BONDS AND INSURANCE REQUIRED

5-5-1:  DEFINITIONS:  (1959 3563)  The following words, terms and phrases, when used in this Chapter; shall have the following meanings, unless the context clearly indicates otherwise:

“Contractor” shall mean any person who:  (1) Undertakes work with or for another person within the City to build, construct, alter, remodel, repair, equip, move or wreck any building or structure, or any portion thereof, or any public utility system, or public street, for which a permit from the City of Westminster is required and which work is to be accomplished for a fixed sum price, fee percentage or other compensation; (2)  Builds, constructs, alters or adds to any building or structure, either upon his own or another's property; (3)  Holds himself out to perform house moving or the moving of buildings or structures from one (1) location to another; (4)  Holds himself out to perform the service of wrecking a building or other structure; (5)  Holds himself out to perform the service of plumber (which also requires a State Master's License); or (6)  Holds himself out to perform the service of electrician (which also requires a State Master's License).

5-5-2:  LICENSE REQUIRED:  (1959 3563)  It shall be unlawful for any person to perform any work as a contractor within the City without first obtaining a license pursuant to this Chapter.  No permits shall be issued for work to be done by an unlicensed contractor. 

5-5-3:  EXEMPTIONS:  (1959 3563 3599)

(A) The license requirement shall not apply to:

(1) An owner of a single-family or duplex residential property who alters, repairs, remodels, equips, moves, or wrecks the building he owns when the owner furnishes all the material and labor.

(2) An owner who builds or constructs his own residence, or a building or structure accessory thereto that is intended for his own personal use.  This exemption shall be permitted only once within a period of one (1) year; otherwise, a license as a contractor shall be required.

(B) The exemption from license requirements does not waive permit requirements.

5-5-4:  LICENSE APPLICATION; RENEWAL:  (1959 2574 3563)

(A) Application for license shall be made at the City Building Division.  The application for every license required by this Chapter shall contain:

(1) The name of the person desiring the license, and the names of the individual members of such firm, or of each of the directing officers of such corporation.

(2) The residential address of each applicant, or each of the individual members of such firm, or of each of the directing officers of such corporation.   

(3) The address of the principal place of business.

(4) The street address, if any, where such business is to be carried on, if different from the other addresses previously stated.

(5) The class of license desired.

(6) Any other relevant information required by the terms of the provisions pertaining to the class of license sought.

(7) State Master's License number for electricians and plumbers (no single master plumber or electrician may request a license for more than one (1) company).

(8) The fee required by this Chapter.

(B) All licenses shall expire twelve (12) months from date of issuance, unless cancelled, suspended or revoked, and shall be renewed annually upon application for renewal and payment of the required fees.  Renewal may be denied pursuant to the provisions below. 

5-5-5:  CLASSIFICATION AND FEES:  (1959 2305 3563)

(A) The following classes of license and fees are hereby established:

(1) Class A Contractor.  This license shall entitle the holder to contract for the construction, alteration, or repair of any type or size of structure permitted by this Code.  The annual fee shall be one hundred ten dollars ($110).

(2) Class B Plumber.  The annual fee for plumbers holding a State of Colorado Master's License shall be one hundred ten dollars ($110).

(3) Class C Electrician.  No fee shall be charged for a license of a person holding a state license.

(4) Class D Public Way Contractor.  This class license shall entitle the holder to contract for work affecting public property or grounds, utility systems (either City-owned or contracting with the City for service of any type) or work within any street right-of-way, utility easement, or other public property.  The annual fee for this class license shall be one hundred ten dollars ($110).

(B) It shall be the duty of every contractor to exhibit its license upon request of the Chief Building Official, his authorized representative, or any law enforcement officer of the City.

5-5-6:  LICENSE DENIAL, NON-RENEWAL, CANCELLATION, SUSPENSION, OR REVOCATION:  (1959 2574 3563)

(A) A license may be denied, cancelled, denied renewal, suspended or revoked for any violation of the provisions of this Chapter, for any reason set forth in Chapter 1 of this Title, or as listed below.

(1) The City Manager may suspend or revoke any license for unskillfulness, carelessness, or willful violation of any order for corrective action issued by the Chief Building Official.

(2) Any violation of the City Building Codes.

5-5-7:  BONDS AND INSURANCE REQUIRED:  (1959 3563)

(A) It shall be unlawful for any Class D contractor to engage in any work without first obtaining a right-of-way excavation/construction permit from the City.

(B) Before the issuance of a right-of-way excavation/construction permit to a Class D contractor, the contractor shall provide a surety bond payable to the City in the amount of five thousand dollars ($5,000), which bond shall be conditioned upon faithful compliance with all applicable laws and all terms and conditions of the right-of-way excavation/construction permit and shall also indemnify and hold the City harmless from any liability resulting from the Class D contractor's work. If the Class D contractor's work is done on behalf of the City as principal, and a performance bond is required by the contractor's agreement with the City, then no additional bond shall be required pursuant to this Section.  Franchised entities are exempt from this requirement, unless otherwise required by the individual franchise or by state or federal law.  Independent contractors of franchised entities are not exempt, unless so provided by the applicable franchise.

(C) Before the issuance of a right-of-way excavation/construction permit, the contractor shall submit satisfactory certificates of either the insurance coverage required under his contract, or insurance in accordance with the following schedule, whichever is greater:
 

 TYPE OF INSURANCE AMOUNT 
 (1) Workmen's Compensation  Statutory - In conformance with the Workmen's Compensation Act of Colorado
 (2) Employer's Liability  $500,000 (Aggregate)

This insurance shall protect the contractor against all claims under the workmen's compensation laws and employer's liability laws of the State of Colorado.

 (3) Comprehensive Automobile Liability:
 

 (a) Bodily Injury

$500,000 (each person)

 (b) Property Damage

$500,000 (each occurence)

This insurance shall be written in comprehensive form and shall include all motor vehicles licensed for highway use, whether they are owned, non-owned, or hired.

 (4) Comprehensive General Liability:  

 (a) Bodily Injury

$500,000 (each person) 

 (b) Property Damage

 $500,000 (each occurrence)

This insurance shall be written in comprehensive general liability form and shall include coverage for subcontractors.  If work undertaken may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall include coverage of blasting, explosion, collapse of buildings, or damage to underground property.  The insurance required in this Section shall be continued throughout the period of the contract work and maintenance period. 

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