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ORDINANCE 2011-22 AN ORDINANCE AMENDING TITLE IX, CHAPTERS 1 THROUGH 3 OF THE CODY CITY CODE PERTAINING TO BUILDINGS BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CODY, PARK COUNTY, WYOMING, as follows: Title 9, Chapters 1, 2, and 3 of the Cody City Code are hereby amended as follows: Title 9 BUILDINGS Chapter 1 IN GENERAL 9-1-1: BUILDING OFFICIAL GENERALLY: There is hereby created the office of building safety and the official in charge thereof shall be known as the building official. The building official shall be an employee of the city, to be hired by the city administrator. The building official is hereby authorized and empowered to enforce all ordinances relating to the construction, equipment, man- agement, conditions and zoning of all property within the city. 9-1-2: BUILDING CONTRACTORS’ EXAMINATION BOARD-- ESTABLISHED; COMPOSITION; APPOINTMENT AND QUALIFICATIONS OF MEMBERS; MEETINGS; APPOINTMENT AND TERMS OF OFFICE: There is hereby established a contractors’ examination board, also to act as the board of appeals and referred to herein as “the board.” The board shall consist of nine members. One member shall be an at-large member who is a resident of the city; one member shall be an architect or civil engineer; one member shall be a city council member; two members shall be licensed building contractors with at least five years experience in such work; two members shall be licensed plumbing contractors with at least five years experience in such plumbing work; and two members shall be licensed electrical con- tractors with at least five years experience in such electrical work. The members of the board shall each be appointed by the mayor with the approval of the governing body, for a three-year term. Terms of members shall begin on January 1 and shall be stag- gered, with three members reaching the end of their term at the end of each calendar year. Subsequent appointments shall be for three years each unless to fill an unexpired term. Members appointed to fill vacancies shall serve until the end of the term which they were appointed to fulfill, and may be re-appointed for successive three year terms. At the discretion of the governing body, members may be appointed for more than one term. The board shall meet at such intervals as necessary for the proper performance of its duties, but in any case, shall meet not less than twice each year. 9-1-3: AUTHORITY TO ESTABLISH CERTAIN STANDARDS AND PROCEDURES, ETC: ---PAGE BREAK--- The board shall establish standards and procedures for the application, qualifications, examination and licensing of building contractors and shall advise the administrative services director to issue an appropriate license to each person who meets the qualifica- tions therefore and shall keep an official record of all its transactions. Chapter 2 THE UNIFORM AND INTERNATIONAL CODES 9-2-1: ADOPTION BY REFERENCE; COPIES TO BE KEPT ON FILE: The International Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Residential Code (Chapters 1-10), and National Electrical Code, , including all changes, amend- ments, replacements or supplements thereto, as adopted and published by the Interna- tional Conference of Building Officials and International Code Council (ICC) to be re- ferenced with International Codes, as modified herein, are made a part hereof by this reference, the same as though incorporated herein at length. Subsequent editions, changes, amendments, replacements and supplements of these codes shall become ef- fective when received by the building official. All fees for the issuance of permits shall be from the fee schedules approved and adopted by the governing body by resolution. One copy of each specific code shall be kept on file by the city, and shall be marked with the words "Property of the City of Cody, Official Copy." 9-2-2: DOWNTOWN ARCHITECTURAL DISTRICT: A. There is established a downtown architectural district. The planning, zoning and adjustment board shall review all applications and plans for building and sign per- mits insofar as they pertain to the exterior of commercial buildings in the downtown district described as follows: Block 22, Lots 9-16; Block 23, Lots 6-12; Block 24, Lots 11-17 and 8-22; Block 4, Lots 9-24; Block 5, Lots 9-24; Block 6, Lots 9-24; Blocks 7, 8, 9, 50, 51, 52, 53, 54, 55, 56, 29, 10, 11, 12; Block 13, Lots 1-16; Block 14, Lots 1-16; Block 15, Lots 1-16; Block 28, Lots 1-8; Block 27, Lots 1-8; Block 26, Lots 1-8; all of Original Town Subdivision, and a tract of land bounded on the north by the nor- therly boundary line of NW1/4 SW1/4 of Section 32, now Tract 79 Resurvey, T. 53 R. 101 6th P.M., on the west by the centerline of Eighth Street on the south by the south line of Beck Avenue, and on the east by the center line of Ninth Street, and a tract of land bounded on the east by Tenth Street, on the north by Park Lane, on the west by Ninth Street and on the south by Rumsey Avenue, and a tract of land in the SW1/4 of the NW1/4 of Section 32, Township 53 North, Range 101 West of the 6th P.M. more particularly described as fol- lows: beginning at corner 1/82 proceeding in a near northerly direction to a pro- jection of the South line of Rumsey Avenue thence proceeding in a near easterly direction to the west line of Ninth Street and Sheridan Avenue thence to the point of beginning all in Cody, Park County, Wyoming. B. The planning, zoning and adjustment board shall examine and evaluate applications and plans involved in building and sign permits insofar as they pertain to the exte- rior of commercial buildings within the downtown district as herein described and ---PAGE BREAK--- shall make recommendations and suggestions to the applicants, property owners or occupants. 9-2-3: MEETING WITH PLANNING, ZONING AND ADJUSTMENT BOARD REQUIRED BEFORE BUILDING PERMIT ISSUED: Before the issuance of any permit under the International Building Code for commercial buildings situated within the city, the applicant, property owner and occupant shall meet with the planning, zoning and adjustment board to review the application and plans in- sofar as they pertain to the exterior of a commercial building and site plan conditions. The issuance of a permit shall be conditioned upon the applicant receiving an affirma- tive vote of a majority of the planning, zoning and adjustment board members in atten- dance at said meeting. Chapter 3 CONTRACTOR’S LICENSE 9-3-1: REQUIRED; EXCEPTIONS; LICENSING CATEGORIES: It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, im- prove, remove, convert, demolish, do electrical, plumbing or mechanical work in or on any building or structure within the city unless the person is licensed in the particular contracting category under the provisions of this chapter, or except as otherwise pro- vided in this chapter. A property owner who is not a licensed contractor may be issued permits to construct, enlarge, alter, repair, move, improve, remove, convert, demolish, do electrical, plumb- ing or mechanical work in, on or for a single family dwelling provided that such work is to be performed by the property owner who resides on the property or intends to reside on the property. Proof of residency or proof of intent to reside on a property where the building has not yet been completed shall be provided by filing an affidavit signed un- der oath by the property owner performing the work, on a form provided by the city. A person permitted to work on a single family dwelling pursuant to this section may also work on a garage (whether attached or detached) and other private accessory buildings on the same lot as the residence. Providing an affidavit with false information, or fail- ing to comply with an affidavit provided pursuant to this section is a misdemeanor pu- nishable by a fine of not more than $750. No owner shall be granted more than two permits in any five years for the construction of a new single family dwelling. Where an owner is granted such a permit, all elements shall be inspected and comply fully with the current codes as herein adopted. Decorators, painters, carpet, flooring and tile layers, wallpaperers, drapers, sign painters and those involved in nonstructural maintenance work are specifically excluded from the provisions of this section. CLASS A: A Class A contractor’s license shall be required of persons engaged in the construction contracting business. CLASS B: A Class B contractor’s license shall be required of persons engaged in con- struction contracting work of electrical, plumbing, HVAC, fire suppression/sprinkler ---PAGE BREAK--- system installation, low voltage electric installation/telecommunications and elevator installation*. Permits shall be obtained from the city for work regulated by the Interna- tional Codes adopted in this chapter. *Elevator installers require a state of Wyoming low voltage electrical license only. CLASS C: A Class C contractor’s license shall be required of all other persons engaged in the contracting business. These include fencing installers, demolition, drywall, stuc- co/plaster, acoustical t-bar, insulation, masonry, concrete, landscaping/sprinkler sys- tems, glass/glazing, stove insulation, steel fabrication and erection, water conditioning, siding, roofing, rebar installers, commercial railing fabricators/installers, sheet metal fabricators, conveyor system installers, asbestos abatement, ground stabilization/mud jacking, sign/awning installers. "Construction contracting" as used herein shall include the erection construction, as- sembling, enlarging, structurally altering, moving, removing, demolishing and doing electrical, plumbing or mechanical work in or on any building or structure regulated by the city. 9-3-2: APPLICATION; APPLICATION FEE; APPLICATION FOR RE- EXAMINATION: CLASS A LICENSEE: Any person desiring to be licensed as a Class A licensee shall make written application to the contractors’ examination board. The application fee shall be as established by the building official and approved by the governing body. Such fee shall accompany the application and is non-refundable. CLASS B LICENSEE: Any person desiring to be licensed as a Class B licensee shall make written application to the contractors’ examination board. The application fee shall be as established by the building official and approved by the governing body. Such fee shall accompany the application and is non-refundable. All Class A and Class B license applicants shall be interviewed in person by the board or may, with advance permission of the board, interview by telephone. CLASS C LICENSEE: Any person desiring to be licensed as a Class C licensee shall make written application to the contractors’ examination board. The application fee shall be as established by the building official and approved by the governing body. Such fee shall accompany the application and is non-refundable. Any such person shall present to the board proof of their qualifications, and may be re- quired to appear before the board. Any person who fails to pass the prerequisite qualifi- cation may make reapplication after expiration of a thirty day period and upon payment of additional application fee. If a Class C license is needed for work to begin prior to the next contractor’s board meeting, the building official may issue a conditional license if he/she determines that all requirements for licensing appear to be met. The board will review the application at the next regularly scheduled meeting. A conditional license shall expire on the date of the next regularly scheduled meeting of the contractor’s board and the granting of a conditional license shall not be construed as an assurance, promise or guarantee that the contractor’s board will approve the application. Appeals from any action of the board shall be submitted to the governing body. ---PAGE BREAK--- 9-3-3: TERM OF LICENSE; INITIAL AND RENEWAL FEES; EXPIRED LICENSE NOT TO BE RENEWED: All licenses required herein and issued by the city shall expire on December 31 of the year in which they are issued. All fees for licenses shall be established by resolution approved by the governing body. Every licensee in good standing may be renewed upon payment of a renewal fee. Electrical contractors additionally require yearly license re- newal by the State of Wyoming. The State license shall be provided at the time of the City of Cody renewal. Licenses which have been expired for more than thirty days shall not be renewed. In such instances, the licensee may make application to the board, pay the application fee, and upon approval of the board, may be issued a new license upon payment of the required fee. The board may, at its sole discretion, require the li- censee to submit to examination before granting its approval for a new license to be is- sued. 9-3-4: GROUNDS AND PROCEDURE FOR SUSPENSION OR REVOCATION OF LICENSE; EFFECTS THEREOF: A. Grounds: The contractors’ examination board may suspend or revoke any license issued under the provisions of this chapter when the licensee or an employee of the licensee commits one or more of the following acts or omissions: 1. Obtaining the license through nondisclosure, misstatement or misrepresentation of a material fact; 2. Failure to comply with any of the requirements of this chapter; 3. Knowingly combining or conspiring with any unlicensed person to evade the provisions of this chapter by permitting one’s license to be used by such person; 4. Knowingly acting as agent, partner, associate or in any other capacity, with any unlicensed person, to evade the provisions of the chapter; 5. Knowingly and or willfully violating any provisions of all city ordinances. B. Procedure: When the building official believes that a licensee’s license should be suspended or revoked based on a violation of this code, the building official shall notify the licensee that the building official will recommend to the contractors’ ex- amination board that the licensee’s license be suspended or revoked. The building official shall give written notice to the licensee of the facts and circumstances giving rise to the recommendation, including reference to the applicable sections of the city code which the licensee has violated. The notice shall state that the licensee shall have ten days to request a hearing before the contractors’ examination board, and that if the licensee fails to request such a hearing, the board shall act on the building official’s recommendation at its next meeting. The notice shall state the place, date and time of the meeting where the board will hear the building official’s recommen- dation. 1. Upon receipt of notice, the licensee may request a hearing before the board. Such request shall be in writing to the board within ten days of receipt of notice. Failure by the licensee to request the hearing shall be deemed a waiver of any ---PAGE BREAK--- right to a hearing on the matter and the order of suspension or revocation shall become final; 2. At such hearing, the licensee shall be given an opportunity to show compliance with all lawful requirements for the retention of the license. The licensee shall be given the opportunity to present testimony, oral and/or written, and shall have the right of cross examination. All testimony shall be under oath. The board shall have the power to administer oaths, issue subpoenas and compel the atten- dance of witnesses. The decision of the board shall be based upon the evidence produced at the hearing and made a part of the record thereof. The hearing shall be conducted in compliance with the procedures promulgated in accordance with the Wyoming Administrative Procedures Act. C. Effects: 1. A person whose license has been revoked or suspended shall not be entitled to file a new application by the establishment of a new legal entity, or otherwise, during the length of such revocation or suspension. 2. In addition to the revocation or suspension of any license as provided in this chapter, any person who violates any provisions of this chapter, or any rule or regulation promulgated hereunder, is guilty of a misdemeanor, the penalty for which is prescribed under title 1 chapter 4 of this code. 9-3-5: INSURANCE REQUIRED: 1. No license shall be issued or renewed for a Class A contractor, a Class B con- tractor or a Class C contractor until the contractor has filed with the administra- tive services director proof of liability insurance insuring the contractor, his/her agents, employees and representatives, or anyone under licensee’s supervision for the following insurance coverage while engaged in any activity or work pur- suant to a contractor’s license: Bodily injury liability insurance: Insurance coverage with limits not less than one million dollars for bodily injury or death sustained by one person and one million dollars for each occurrence. Property damage liability insurance: Cov- erage with limits not less than one million dollars for each occurrence. 2. Licensees under this chapter shall notify the administrative services director within ten working days of the effective date of a change in the licensee’s insur- ance and within ten working days of a licensee’s notification of cancellation or non-renewal of the insurance, in whole or part. Licensees under this chapter shall keep current proof of insurance on file with the administrative services di- rector and the city shall not notify any such licensees of impending expiration of insurance coverage. 9-3-6: PERSONS EXCLUDED FROM REQUIREMENTS OF CHAPTER: ---PAGE BREAK--- Any person who is under contract and bond to the city for any municipal work shall be excluded from the requirements of obtaining a license and furnishing the bond required by this chapter. THIS ORDINANCE SHALL BECOME EFFECTIVE AT THE FINAL PASSAGE AND PUBLICATION IN THE CODY ENTERPRISE. PASSED ON FIRST READING: November 1, 2011 PASSED ON SECOND READING: November 15, 2011 PASSED, ADOPTED AND APPROVED ON THIRD AND FINAL READING: December 6, 2011 Nancy Tia Brown, Mayor ATTEST: Baker Administrative Services Officer