Tree Contractor Licensing

A Workshop Presentation to City Council on 11/07/11

City of Des Moines

URBAN FOREST MASTER

PLAN

TREE INVENTORY

COUNTERING THREATS TO THE URBAN

FOREST

ORDINANCES (an essential part of

an urban forest master plan)

MANAGEMENT PLAN

TREE PRESERVATION

and TREE PLANTING

City Licensing of Tree Contractors

A citizen-driven initiative to guard the urban forest by elevating the proficiency of tree contractors

History of movement to tree contractor licensing in Des Moines

• Feb 28, 2011: a Citizen’s Committee requested of Council that a tree contractor license be written

• City Council moved to refer issue to the City Manager to work with the new Municipal Arborist for review and recommendation

• Since then: Municipal Arborist met twice with Citizen’s Committee, as well as three times with representatives of multiple city departments

• Workshop today intended to educate Council about licensing and invite direction

Purpose of the Ordinance

1. Reduce premature urban tree losses due to abuse of trees.

2. Public Welfare: protect consumers by requiring liability insurance and Worker’s Comp; also by ensuring a baseline of tree knowledge by contractors

TREE ABUSE happens in several ways

TOPPING

• Topping leads to branch and trunk decay

• Topping starves trees by removing their food factories (leaves)

• Topping makes re-growth hazardous

• Topping disfigures trees

Setting a wrong example

•This flyer was delivered to Waterbury Neighborhood homes in the month of October, 2011

•The consumer needs to know that topping is BAD for the tree

•Tree contractors need to stop promoting this harmful practice

TREE ABUSE cont’d

FLUSH CUTS

• Flush cuts destroy the tissues that form the branch protection zone

• Flush cuts become a zone where decay sets in, weakening the tree

TREE ABUSE cont’d

STUB CUTS

• A stub cut is made indiscriminately to a point on a branch or leader where no bud or branch exists

• The stub will rot and form a column of decay inside the tree

TREE ABUSE cont’d One example of Disease

Oak Wilt Disease Cycle

Lack of Knowledge = Spread the Disease

• Pruning at the wrong time of year may spread the disease

• Removal at the wrong time of year may spread the disease

• Failure to properly handle or dispose of tree parts may spread the disease

TREE ABUSE cont’d One example of Insects

Emerald Ash Borer

Lack of knowledge = Spread of Pest; Failure to Save Trees

• Pruning trees during adult EAB flight season spreads the problem

• Failure to properly dispose of harvested branches or wood spreads the problem

• Failure to understand control options leads to more tree losses

GOAL of a Tree Contractor License Ordinance:

Reduce or Prevent TREE ABUSE

…. and thereby extend the life of our urban forest

Progressive Benefits of Ordinance

1

• Provide an immediate communication linkage between the City of Des Moines and tree contractors.

2

• Relay educational updates and pest alerts to licensed contractors from U.S. Forest Service, Iowa DNR, and City of Des Moines

3

• Reduce the spread of disease and insects

How will the Ordinance Protect Citizens?

• Liability Insurance and Worker’s Comp will be mandatory

• More educated, informed work will be accomplished by Certified arborists who must maintain CEU’s to keep up to date in their field

• Dishonest contractors will be held in check by ISA arborist certification code of ethics

WHO ELSE HAS A TREE CONTRACTOR LICENSE ORDINANCE?

• IOWA CITIES

– Davenport

– Waterloo

– Marshalltown

– Cedar Rapids

• REGIONAL CITIES

– Omaha, NE

– St. Paul, MN

– Minneapolis, MN

• OTHER

– Denver, CO

We performed an internet and telephone search of municipalities to see who had an ordinance and how it was structured.

We found 4 common themes in these ordinances and

guidelines

ENFORCEMENT

QUALIFICATIONS

Fee$ TYPE OF WORK

LICENSED

LOW

• Tree Contractor License annual fee of $50

• Compulsory cost of insurance $10,000 personal injury and $5000 property damage

• Worker’s Comp not mandatory

• Arborist certification not required

HIGH

• Tree Contractor License annual fee of $220

• Compulsory cost of insurance $300,000 personal injury and $100,000 property damage

• Compulsory cost of Worker’s Comp

• Compulsory cost of ISA Arborist certification $265

Fee$

TYPE OF WORK LICENSED

SIMPLE

• No license required if tree or branch is 2” or less in diameter at point of cut

• Any tree work on ‘ornamental’ trees from a ground position only

• No licensing of chemical treatment

COMPLEX

• All sizes of trees and tree parts

• Climbing and aerial work on all sizes of trees including shade trees

• Chemical treatment only, or chemical treatment with other major tree services

(State of Iowa licenses chemical applicators = no need for CDM to do so)

QUALIFICATIONS TO GET LICENSE

SIMPLE

• License is voluntary only

• License required with no arborist certification

COMPLEX

• License required

• License required with arborist certification at owner OR worker level

ENFORCEMENT

MINIMUM

• No investigation post-licensing

• No investigation of arboricultural standards

• No fines

MAXIMUM

• Investigate only for proof of license.

• Investigate complaints regarding arboricultural standards

• Graduated fines up to $999 and penalties including suspension and revocation of license

• Pro-active investigation of licensing and arboricultural standards with fines and penalties

If we look at a ‘full enforcement’ ordinance in Des Moines, what would that mean?

• Investigate first of all to see if contractor is licensed, and act accordingly within penalty structure established by City Council

• Assess whether contractor is obeying all known rules and acceptable practices related to the biology of trees and transference of insects and disease. This type of investigation entails writing of reports, and up to and including court appearances

• Unacceptable practices are always subject to verbal notice and education, but may also be subject to penalties for violation of ANSI industry standards

Cost of ‘Full’ Enforcement: Inspect for License AND Arboricultural Standards

Estimates of Variables

• If 50 out of 100 local companies get licensed annually @ $300

• If license quarterly with a part-time staff position in PDC

• If 20 investigations by consulting arborist @ $600 per incidence (field investigation, cause job stop, determine infractions and potential damages, reports, appeals)

Income / Expense • Revenue of + $15,000

• Expense of - $6,000

• Expense of - $12,000 • Collect fines up to +$3000

= Revenue Neutral (this is only an estimate;

actual expenses could be higher)

PENALTIES

1. First violation - $250 administrative penalty as set by Council resolution PLUS actual costs for inspection and processing

2. Second violation - $500 administrative penalty as set by Council resolution PLUS actual costs for inspection and processing

3. Third violation – $750 administrative penalty as set by Council resolution PLUS actual costs for inspection and processing

Additional Enforcement Options May Include: 1. Civil Municipal Infraction 2. Criminal Simple Misdemeanor

Options

• Based upon our review of the various ordinances in other municipalities, and

• Based upon our consideration for limited personnel to process applications, potential requests for exemptions, and unquantified expenses associated with enforcement,

• We present the following options:

Option #1: Full Enforcement Ordinance • Write a Tree Contractor License Ordinance that:

1. Sets forth qualifications to obtain and retain a license 2. Requires at least one (1) arborist certification on every

work site 3. Sets forth fees for license 4. Sets forth penalties for non-compliance or infractions 5. Commits the city to a FULL ENFORCEMENT ordinance for

companies who will be pruning or removing trees greater than 2” dia. at point of final arboricultural cut

(Full enforcement means the City will inspect to ensure arboriculture industry standards are met as well as having a license)

NOTE: Any contractor with ‘FOR HIRE’ tree services must be licensed

Option #2: ‘License ONLY’ Ordinance

• Write a Tree Contractor License Ordinance that 1. Sets forth qualifications to obtain and retain a

license

2. Requires at least one (1) arborist certification on every work site with or without exemptions (the primary candidate for exemption being MidAmerican Energy)

3. Sets forth fees for license

4. Sets forth penalties for non-compliance

5. Investigation is for license compliance ONLY

NOTE: Any contractor with ‘FOR HIRE’ tree services must be licensed

Option #3: Education

• No ordinance • Instead, execute a 2-pronged education campaign

to: 1. inform consumers about the need to hire only

certified arborists, ask to see proof of insurance, check references, and be aware of tree issues

2. inform tree contractors about the benefits of arborist certification; provide ongoing education bulletins outlining the local need to prevent the spread of insects and disease; encourage up-to-date arboricultural knowledge

Option #4: No Action

• Take no action at this time

• Defer future consideration until resources are available to engage in one of the other three options

T r e e O r i e n t a t i o n

B u d g e t O r i e n t a t i o n

OPTION #1 OPTION #2 OPTION #3 OPTION #4

Full Enforcement Ordinance: License AND Quality of work

Enforce Ordinance License ONLY

Educate consumers and tree contractors

No Action Defer Action

QUESTIONS?

Extra slides following….

Next Steps if proceeding with Ordinance

• Review recommendations with stakeholders

• Draft ordinance

• Submit to Council for first consideration

How Would Someone obtain a City of Des Moines Tree Contractor’s License?

• Submit application with license fee as established by City Council

• Provide current written proof of minimum liability insurance

• Present proof that sufficient arborist certifications are in place to support tree care operations on every work site within the city

Certified Arborist is a ‘baseline’ certification, with additional categories

to increase knowledge

What is an ISA Certified Arborist?

• “To earn an ISA Certified Arborist credential, you must be trained and knowledgeable in all aspects of arboriculture. ISA Certified Arborists have met all requirements to be eligible for the exam, which includes three or more years of full-time, eligible, practical work experience in arboriculture and/or a degree in the field of arboriculture, horticulture, landscape architecture, or forestry from a regionally accredited educational institute. This certification covers a large number of topics giving the candidates flexibility in the arboricultural profession. A code of ethics for ISA Certified Arborists strengthens the credibility and reliability of the work force. This certification is accredited by the American National Standards Institute, meeting and exceeding ISO 17024.”

Certification Test Knowledge

1. Soil Management

2. Identification & Selection

3. Installation & Establishment

4. Safe Work Practices

5. Tree Biology

6. Pruning

7. Diagnosis & Treatment

8. Urban Forestry

9. Tree Protection

10. Tree Risk Management

Taking the arborist exam

• Study Guide $115 • Cost to take Exam $150

• Test Center: Pearson Professional Centers-West Des Moines IA Address: 3737 Woodland Ave Colony Park Office Building Third Floor, Suite 340 West Des Moines, IA 50266

Sec. 102-673. - Reservation of regulatory

and police powers.

The city, by registering a person under section 102-660 or by issuing of a right-of-way

permit under division 2 of this article or a license under division 3 of this article or by

granting a franchise or a lease under division 3 of this article, does not surrender or to

any extent lose, waive, impair, or lessen the lawful powers and rights which it has or

which may be vested in the city under the state constitution, state law, and the city

Charter to regulate the use of the right-of-way by such persons. All such persons, by

registration or by acceptance of a right-of-way permit, franchise, license, or lease are

deemed and shall be held to agree that all lawful powers and rights, regulatory power,

or police power, or otherwise as are or may be from time to time vested in or reserved

to the city, shall be in full force and effect and subject to the exercise thereof by the city

at any time. All such persons are further deemed to acknowledge that their rights are

subject to the regulatory and police powers of the city to adopt and enforce general

ordinances necessary to the safety and welfare of the public and are deemed to have

agreed to comply with all applicable general laws and ordinances enacted by the city

pursuant to such powers.

More trees are lost prematurely to improper tree care than to natural

disasters or weather.

This is the reason our citizen’s group is eager to see a tree contractor

licensing ordinance.