8.1 Contractor LicensingCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
04/09/2007 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR
NO: 8 AGENDA:
CITY ATTORNEY
ITEM
NO. 1
BY:
Page 1
BY: Greg Bengtson
ITEM:Ordinance No. 06-10323
Second reading Ordinance No. 06-10323 amending Chapter 8, Article III of the Salina Code pertaining
to Building Contractor and Skilled Trade Contractor Licensing and repealing existing sections.
BACKGROUND:
Ordinance No. 06-10323 was passed on first reading on April 2, 2007 and since that time no
comments have been received. City staff and legal counsel have worked to further address a number
of the helpful questions raised regarding the practical administration of the licensing plan during the
first reading discussion of the ordinance.
Enclosed are both a “red-line” version showing proposed modifications to the ordinance and a
proposed final version.
Based upon the historical model used for the licensing of specialty trades, the first reading ordinance
drew a distinction between an “individual” regular or provisional license holder and a “business entity”
license holder with a designated “qualified individual.”A number of questions on first reading related
to the status of the individual li cense holder compared to the “qualified individual” designated by a
business entity and whether either a licensed individual or a qualified individual can or cannot serve in
multiple roles.
Since first reading, staff and legal counsel further analyzed the universe of circumstances under which
a building contractor lic ense can be issued. That led to t he recommendation articulated in the
modified ordinance that all applicants for all catego ries of building contractor license designate a
qualified individual. In the case of an individual doing business as a sole proprietorship (one person
owns all assets and is responsible for all debts – not a separate business entity such as a corporation
or LLC) the owner could be the designated qualified indivi dual. If the sole proprietorship has
employees, an employee could inst ead be the designated qualified i ndividual. The approach of
requiring that both individuals and business entities designate a qualified individual seemed to simplify
implementation of the Bu ilding Advisory Board recommendation that any one person serving as a
qualified individual can serve in that role only in relation to one license. That also seemed to simplify
implementation of the policy that a single qualified individual can serve as the qualified individual for
multiple categories of building contractor license (general and/or specia lty) as long as it is for the
same licensee only.
Most of the changes to the ordinance were necessary to take the approach described above. That
approach has now also b een applied to Division 4 regarding Registered Tradesman, without
substantive change.
The elimination of the number of hours required of a qualified individual also prompts the
recommendation that the definition of “full-time basis” be elimin ated. Instead, the concept
recommended by the Building Advisory Board of “active in the building decisions of the building
contractor” has been incorporated in the description of the qualified individual.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
04/09/2007 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR
NO: 8 AGENDA:
CITY ATTORNEY
ITEM
NO. 1
BY:
Page 2
BY: Greg Bengtson
The implementation provisions in Sections 2 through 5 of the ordinance have also been expanded to
better allow for transition from the registration to the licensing system. Staff recommends a May 1,
2007 effective date, with a compliance period runni ng until August 1, 2007.Instead of leaving a
registered contractor in “no-mans-land” between the effective date of the ordinance and when he or
she may complete the licensing process, the recommended approach woul d allow the registered
contractor to apply for permits as a registered contractor until August 1, 2007, and complete that work
regardless of whether he or she obtains licensure as a building contractor.
RECOMMENDED ACTION:
Adopt Ordinance No. 06-10323 on second reading.
(Published in the Salina Journal on April ___, 2007)
ORDINANCE NUMBER 06-10323
AN ORDINANCE PROVIDING FOR AN AMENDMENT TO CHAPTER 8,
ARTICLE III OF THE SALINA CODE PERTAINING TO BUILDING CONTRACTOR
AND SKILLED TRADE CONTRACTOR LICENSING AND REPEALING EXISTING
SECTIONS.
BE IT ORDAINED
by the Governing Body of Salina, Kansas:
Section 1.
That Article III of Chapter 8 of the Sa lina Code is hereby amended to read as
follows:
ARTICLE III. BUILDING CONTRACTOR AND SKILLED TRADE CONTRACTOR
“
LICENSING
DIVISION 1. Definitions
Sec. 8-171. Definitions.
Person. Includes a firm, partnership, association of persons, corporation, limited liability company,
organization or any other group acting as a unit, as well as an individual.
Business Entity. Those entities included under the definition of “person” other than an individual.
Individual. Of or pertaining to a single human being.
Licensed Building Contractor. A person to whom a building contractor license has been issued.
Deleted:
Full-time basis. Direct and
active involvement in the performance of
the work of a business entity as an owner,
Provisionally Licensed Building Contractor. A person to whom a provisional building contractor
officer, director, or employee requiring,
license has been issued.
on average, no less than 32 hours per
week.¶
¶
General contractor work. Includes the work of contracting for the completion of an entire project,
including purchasing all materials, hiring and paying subcontractors, and coordinating all the work.
Specialty contractor work. Includes the work of contracting di rectly or as a subcontractor to
perform work within one of the categories of specialized work recognized by the building industry
as requiring distinct skills and an understanding of the building concepts relating to the specific
category of work.
Electrical work. Includes the installation, replacement, repair or alteration of disconnect, service or
control equipment or of permanent premises electrical wiring, lighting, fixtures and/or utilization
equipment or devices not otherwise connected by approved attachment cord and cap. Electrical
work shall not include circuits and equipment operating at less than 50 volts, communication wiring
or devices, or the repair of motors or utilization equipment.
HVAC mechanical work. Includes the installation, replacement, repair or alteration of any
ventilation or exhaust system, chilled water systems, hydronic, refrigerant, fuel gas or condensate
piping, water heaters and boilers for both domest ic hot water and space heating, refrigeration
systems including electrical disconnecting means immediately adjacent to remote condensers,
incinerators or other miscellaneous heat-producing appliances or warm air heating systems whereby
heating is accomplished by distributing heated air by forced or gravity circulation or by radiation.
Mechanical work. Includes the installation or repair of solid-fuel appliances, cooking or clothes
drying equipment, fully self-contained permanent electrical environmental heating and/or cooling
appliances, or self-contained appliances or refrigeration equipment such as, but not limited to, ice
machines, ice cream machines, walk-in coolers and freezers without remote condensers and other
similar appliances which require only electrical and/or water hook-ups.
Plumbing work. Includes the installation, replacement, re pair or alteration of water, wastewater,
vent, hydronic and fuel gas piping, water heaters and boilers for both domestic potable water and
environmental heating and their vents, medical gas systems, plumbing fixtures and appliances.
Plumbing work shall not include the clearing of st oppages or the repair of plumbing appliances
such, as but not limited to dishwashers, garbage disposals, water softeners or ice machines.
Solid-fuel appliance installations. Includes the installation of any permanent appliances or
constructions used for heating or cooking that rely on the combustion of solid-type fuels such as,
but not limited to, wood, coal, corn or pellets. Such installations shall include masonry fireplaces as
well as factory built appliances.
DIVISION 2. Building Contractor License Required
Sec. 8-172. Building contractor license required.
It shall be unlawful for any person to either perform, cause to perform, or obtain permits for the
work described in Chart I – Column A unless such person has been issued by the City of Salina the
corresponding building contractor license listed in Chart I - Column B or the provisional building
contractor license listed in Chart I – Column C, subject to the exemptions set forth in Section 8-177.
2
Chart I
Building Contractor Licenses
Column A – Work Column B - Licenses Column C - Provisional License
General & specialty contractor workon any Class A - General Contractor Provisional Class A
buildings, structures and signs - but not swimming General Contractor
pools, fire alarm & communications systems, or fire
sprinkler systems.
General & specialty contractor work on any Class B - General Contractor Provisional Class B
buildings not exceeding 3 stories or structures not General Contractor
exceeding 65 feet in height, nonstructural
alterations or repairs to any buildings or structures
Deleted:
,
and signs - but not swimming pools, fire alarm &
communications systems, or fire sprinkler systems.
General & specialty contractor workon one and two Class C - General Contractor Provisional Class C
family residences and their accessory structures General Contractor
only and signs - but not swimming pools, fire alarm
& communications systems, or fire sprinkler
systems.
The property owner serving as general contractor on Class D - Contractor/Owner Not Applicable
jobs requiring a permit and of a value not is excess
of $99,000, supervising (a) licensed specialty or
trades contractors for work requiring a specialty or
trade license under this Article; and/or (b) owner’s
employees or registered tradesman for work not
requiring a specialty or trade license under this
Article .
On-site forming and placing of concrete for Specialty Concrete Contractor Provisional Specialty
building walls, columns and self-supporting floors Concrete Contractor
or roofs and for retaining walls requiring building
permits.
Rough framing of structural and non-structural Specialty Framer or Erector Provisional Framer or
Deleted:
r
building components such as walls, floors and roofs Contractor Erector Contractor
using wood or metal.
Installation, repair and replacement of roof Specialty Roofing Contractor Provisional Specialty
coverings, including roof deck insulation Roofing Contractor
and nonstructural roof decking.
Placement of brick, stone, block and other Specialty Masonry Contractor Provisional Specialty
masonry products for building walls, Masonry Contractor
structural or veneer, and for retaining walls
requiring building permits.
Installation, maintenance, alteration and repair of Specialty Fire Sprinkler Provisional Specialty
fire sprinkler / suppression systems and related fire Contractor Fire Sprinkler Contractor
protection equipment.
Installation, maintenance, alteration and repair of Specialty Fire Alarm and Provisional Fire Alarm and
fire alarm systems and related fire protection Communication Contractor Communication Contractor
equipment.
Demolition and removal of buildings and structures. Specialty Demolition Provisional Specialty
Contractor Demolition Contractor
Installation, alteration and repair of permanent Specialty Sign Contractor Provisional Specialty
signs. Sign Contractor
Construction of sidewalks, driveways, curbs and Specialty Right-of-Way Provisional Specialty Right-of-Way
gutters located in any city right-of-way. Concrete Contractor Concrete Contractor
Installation and repair of permanent in-ground or Specialty Swimming Pool Provisional Specialty
above-ground swimming pools as defined by city Contractor Swimming Pool Contractor
code.
3
Sec. 8-173. Qualifications for building contractor license.
(a)In order to qualify for a building contractor license, a n applicant building contractor shall
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(a)
designate a qualified individual who is both associat ed with the applicant as an owner, officer,
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director, or employee and active in the building decisions of the building contractor.
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be either:
Sec. 8-174. Qualified individual requirements.
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(1)An individual who
qualifies as a qualified individual for the
(a) An individual may qualify as a qualified individual by one of the following means:
classification of building contractor for
which licensing is sought; or ¶
¶
Testing
(1) . Obtain the appropriate certificate of competence for the class of license
(2)A business entity with a designated
being sought with a minimum score of 75% from a nationally-recognized testing
owner, officer, director, or employee who
is directly involved in the work of the
institution as contemplated by K.S.A. 12-1556 (building and residential contractors),
business entity on a full-time basis and
or the equivalent tests as administered by the International Code Council (referred to
who qualifies as a qualified individual for
the classification of building contractor
in the following Chart II as the “test”); or
for which licensing is sought by the
business entity.¶
¶
Related Degree.
(2) Hold a bachelor’s degree in engineering, architecture, construction
management or construction science from an accredited college or university
(referred to in the following Chart II as the “related degree”); or
Class D – Experience
(3). In the case of the Class D – Contractor/Owner licensing
classification only - Be registered with the City of Salina as a contractor for the two
(2) consecutive years prior to application and by successfully completing a project
requiring an occupancy permit issued by the City of Salina during that two (2) year
period.
(b) The designated qualified individual shall:
(1) Be the legal representative for the licensee
relative to the provisions of this Article;
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business entity
(2) Satisfy the requirements of this Article; and
(3) Not be the qualified individual for more than one licensee, but may be the designated
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business entity
qualified individual for multiple building c ontractor licenses for the same licensee
only.
Sec. 8-175. Continuing education requirements for certain qualified individuals.
A qualified individual for Class A, B and C gene ral contractor and Class D contractor/owner
licenses shall be required to complete six (6) hours of continuing education courses related to the
building trades per calendar year. The building official shall promulgate the regulations necessary
to administer compliance with this continuing education requirement.
Sec. 8-175.1. Chart II – Requirements of Qualified Individuals.
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6
The following Chart II summarizes by category of building contractor license listed in Column A
both the requirements for qualification as a qualified individual in Column B and the corresponding
continuing education requirements in Column C.
4
Chart II
Requirements of Qualified Individuals
Column A - Column B - Requirements Column C -Continuing
Contractor Categories of Qualified Individuals Education Requirements
Class A - General Contractor Test or related degree 6 hours per year
Class B - General Contractor Test or related degree 6 hours per year
Class C - General Contractor Test or related degree 6 hours per year
Class D - Contractor/Owner Must be registered with the 6 hours per year
City of Salina as a contractor
for the 2 consecutive years prior
to application and by
successfully completing a
project requiring a City of
Salina occupancy permit issued
within those 2 years.
Specialty Concrete Contractor Test or related degree None
Specialty Framer or Erector Contractor Test or related degree None
Specialty Roofing Contractor Test or related degree None
Specialty Masonry Contractor Te st or related degree None
Specialty Fire Sprinkler Contractor Test or related degree None
Specialty Fire Alarm and Test or related degree None
Communication Contractor
Specialty Demolition Contractor Test or related degree None
Specialty Sign Contractor Test or related degree None
Specialty Right-of-Way Concrete Test or related degree None
Contractor
Specialty Swimming Pool Contractor Test or related degree None
Sec. 8-176. Change in status of qualified individual for a licensed building contractor.
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business entity licensed as a
If the designated qualified individual for a building contractor licensee becomes no longer
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business entity licensed as a
associated with the licensee for any reason (the “date of disassociation”), the licensee shall
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employed by or
immediately notify the city clerk in writing of the date of disassociation and another qualified
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business entity
individual must be designated within thirty days after the date of disassociation. No further permits
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on a full-time basis
or inspections shall be granted to the licensee from the date of disassociation until a new qualifying
Deleted:
business entity
individual has been designated. If a qualified individual is not designated within thirty days after the
Deleted:
business entity
date of disassociation, work on all permits previously issued to the licensee shall be suspended until
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business entity
a qualified individual has been designated.
Sec. 8-177. Qualifications for provisional building contractor license.
Deleted:
P
(a) In recognition of the experience–based qua lifications of currently registered building
contractors, until August 1, 2007, a registered building contractor may qualify once for a
Deleted:
the following persons
provisional building contractor license for no more than one (1), non-renewable term to expire
December 31, 2010. In order to qualify for a provisional building contractor license, an applicant
Deleted:
:
building contractor shall designate a qualified individual who is both associated with the applicant
as an owner, officer, director, or employee and active in the building decisions of the building
contractor.
5
Deleted:
(1)An individual who
qualifies for the classification of
(b) The requirements for issuance of a provisional building contractor license, as summarized
provisional building contractor for which
on the following Chart III, are:
licensing is sought; or ¶
¶
(2)A business entity with an owner,
(1)The applicant for a Class A license shall have been registered as a contractor with the
officer, director, or employee who is
directly involved in the work of the
City of Salina for not less than five (5) y ears and within the previous three (3) years
business entity on a full-time basis and
must have obtained three (3) building permits from the City of Salina for the type of
who has been designated by the business
entity as the qualified individual for the
work within the license classification for which the provisional license is sought;
classification of building contractor for
which provisional licensing is sought by
the business entity.¶
(2)The applicant for a Class B license shall have been registered as a contractor with the
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<#>The applicant must
City of Salina for not less than three (3) ye ars and within the previous three (3) years
designate its qualified individual for a
must have obtained three (3) building permits from the City of Salina for the type of
provisionally licensed building
contractor. At the time of the license
work within the license classification for which the provisional license is sought;
application, the applicant (if an
individual), or the designated qualified
individual (if a business entity), must be
(3) The applicant for a Class C license shall have been registered as a contractor with the
working in the construction industry for
City of Salina for not less than two (2) ye ars and within the pr evious two (2) years
the license classification requested; ¶
¶
must have obtained two (2) building permits from the City of Salina for the type of
work within the license classification for which the provisional license is sought; and
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(4) The applicant for a specialty contractor license shall have been registered as a
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4
contractor with the City of Salina for not less than two (2) years and within the
previous two (2) years must have completed three (3) jobs of the type of work within
the license classification for which the provisional license is sought.
(c) In lieu of the requirements set forth in (1)-(4) above, the applicant may submit evidence to
the Building Official which demonstrates equivalent full-time experience in planning, supervising,
and undertaking the type of construction for the classification for which licensure is being sought.
Denials of license approval by the Building Official may be appealed to the Building Advisory
Board.
Sec. 8-178. Designated qualified individual for provisionally licensed building contractor.
The designated qualified individual for a provisionally licensed building contractor shall:
(1) Be the legal representative for the licensee relative to the provisions of this Article;
Deleted:
business entity
(2) Satisfy the requirements of this Article; and
(3) Not be the provisionally qualified individual for more than one licensee, but may be
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business entity
the designated qualified individual for multiple provisional building contractor
licenses for the same licensee only.
Deleted:
¶
Deleted:
¶
Sec. 8-179. Status of provisional building contractor and qualified individual.
(a) The provisional building contractor license hold er shall have all rights and responsibilities of
a building contractor license holder of the same classification for so long as the provisional building
contractor license remains in effect
Deleted:
business entity licensed as a
.
Deleted:
(b) If the originally designated qualified individual for a provisional building contractor licensee
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employed by or
becomes no longer associated with the licensee for any reason (the “date of disassociation”) the
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business entity on a full-time
provisional building contractor license shall terminate and be of no further force or effect. The
basis
6
licensee shall immediately notify the city clerk in writing of the date of disassociation. The licensee
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business entity
shall not be allowed to substitute any other person as the designated qualified individual unless that
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business
individual is qualified in accordance with Section 8-175.1. No further permits or inspections shall
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entity
be granted to the licensee from the date of disassociation until the licensee has designated a
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The business entity must
qualified individual in accordance with Section 8-173. If the licensee has not designated a qualified
instead apply for and qualify as a licensed
building contractor of the same licensing
individual in accordance with Section 8-173 within thirty days after the date of disassociation, work
category as its provisional building
on all permits previously issued to the licensee shall be suspended until the licensee has designated
contractor license within thirty (30) days
after the date of disassociation.
a qualified individual in accordance with Section 8-173.
Deleted:
business entity
Sec. 8-180. Conversion of provisional building contractor license to building contractor Deleted:
business entity
license.
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is licensed as the same
classification of building contractor.
The holder of a provisional building contractor license shall qualify for a building contractor license
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business entity
of the same classification if the qualified individu al originally designated by the provisionally
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licensed building contractor completes the number of hours of continuing education related to the
is not licensed as a building
contractor of the same classification
license classification as outlined in the following Chart III at any time during the term of the
Deleted:
(30)
provisional license. The building official shall promulgate the regulations necessary to administer
Deleted:
business entity
compliance with those continuing education requirements.
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business entity
Sec. 8-181. Change in status of designated qualified individual.
Deleted:
is licensed as a building
contractor of the same classification.
If the originally designated qualified indi vidual who completed the continuing education
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for a business entity
requirements to qualify the provisional licensee as a licensed building contractor becomes no longer
provisionally licensed as a building
associated with the business entity for any reason (the “date of disassociation”), the same rules shall
contractor
apply to that licensee as apply to any other building contractor licensee under Section 8-176.
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business entity
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employed by or
Sec. 8-182. Chart III – Requirements for provisional license and conversion to license.
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on a full-time basis
The following Chart III summarizes by category of building contractor license listed in Column A
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business entity
both the requirements for a provisional license in Column B and the continuing education required
Deleted:
business entity licensed as a
to convert a provisional building contractor licen se to the same category of building contractor
Deleted:
y
license.
7
Chart III
Requirements for Provisional License and Conversion to Regular License
Column A - Column B - Column C - Continuing
Contractor Categories Requirements for Education required of
Provisional License qualified individual to
convert provisional license
to same category of
building contractor license
Class A - General Contractor Registered contractor 5 36 hours in 3 years
years, 3 permits within 3
previous years
Class B - General Contractor Registered contractor 3 36 hours in 3 years
years, 3 permits within 3
previous years
Class C - General Contractor Registered contractor 2 36 hours in 3 years
years, 2 permits within 2
previous years
Class D - Contractor/Owner N/A N/A
Specialty Concrete Contractor Currently registered 9 hours in 3 years
with 2 years experience
and 3 jobs completed
Specialty Framer or Erector Contractor Currently registered 9 hours in 3 years
with 2 years experience
and 3 jobs completed
Specialty Roofing Contractor Currently registered 9 hours in 3 years
with 2 years experience
and 3 jobs completed
Specialty Masonry Contractor Currently registered 9 hours in 3 years
with 2 years experience
and 3 jobs completed
Specialty Fire Sprinkler Contractor Currently registered 9 hours in 3 years
with 2 years experience
and 3 jobs completed
Specialty Fire Alarm and Communication Currently registered 9 hours in 3 years
Contractor with 2 years experience
and 3 jobs completed
Specialty Demolition Contractor Currently registered 9 hours in 3 years
with 2 years experience
and 3 jobs completed
Specialty Sign Contractor Currently registered 9 hours in 3 years
with 2 years experience
and 3 jobs completed
Specialty Right-of-Way Concrete Contractor Currently registered 9 hours in 3 years
with 2 years experience
and 3 jobs completed
Specialty Swimming Pool Contractor Currently registered 9 hours in 3 years
with 2 years experience
and 3 jobs completed
8
Sec. 8-183. Exemptions from building contractor licensing requirements.
The following work shall be exempt from the building contractor licensing requirements:
Owner’s exemption for obtaining permits and performing work on owner’s dwelling
(1)Permits obtained and work performed by an owner of a single-family dwelling being
constructed or occupied as the exclusive dw elling of the owner or the portion of a single
family attached dwelling being occupied as th e exclusive dwelling of the owner, including
the usual accessory buildings thereto, when the owner personally purchases and installs all
material used in the construction, and adheres to all other portions of this chapter. This
exemption shall not apply if any owner of the dwelling has any ope n permits issued under
this exemption for a different address or has been issued a certificate of occupancy for any
building permit issued under this exemption for a different address within the preceding 12
months.
(2)A property owner or property owner’s designated agent who does not possess a building
contractor’s license may obtain a building permit; provided, that before such permit is
issued, the applicant must furnish the name and license number of the licensed building
contractor who will serve as the general contractor to satisfy the requirements of this Article.
Owner’s exemption for obtaining permits for work to be performed by a general
contractor
(3)For buildings and structures other than those identified in exception (1), a property owner or
the property owner’s designated agent may apply for and obtain a building permit; provided,
that before such permit is issued the applicant must furnish the name and license number of
the licensed building contractor who will act as the general contractor to satisfy the
requirements of this Article. Should the designated contractor change during the course of
construction, the owner or the owner’s designated agent shall immediately notify the
Building Official in writing, and the building permit shall be suspended until a new licensed
building contractor is designated by the owner or the owner’s agent.
Exemptions from Building Contractor’s License requirement
(4)Work performed by an owner or the owner’s employee(s) on the owner’s property, when:
a. the work performed does not require a permit; or
Deleted:
.
b. the work consists of demolition of accessory structures that are governed by
the International Residential Code.
(5)Work performed on any property owned by the State of Kansas or the federal government.
(6)Work performed by a licensed skilled trade contractor when performing any work within the
scope of their license as defined in this Article.
(7)Work performed by any person who has a valid mobile home craftsman license issued by
the City of Salina while performing repairs or replacements to the systems located within a
mobile home under the provisions of Article IV of Chapter 22.
9
DIVISION 3. Skilled Trade Contractor License Required.
Sec. 8-184. Skilled trade contracting license required.
It shall be unlawful for any person to either perform, cause to perform,or obtain permits for solid-
fuel appliance installations, electrical work, plumbing work or HVAC mechanical work, unless such
Deleted:
or cause the same to be done,
or to obtain any permits required for any
person has been licensed by the City of Salina as a skilled trade contractor for the type of work
such work on behalf of a property owner,
being done, subject to the exemptions set forth in Section 8-191.
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84
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A
Sec. 8-185. Qualifications for skilled trade contractor license.
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licensed
(a) In order to qualify for an electrical, plumbing or mechanical contractor license, an applicant
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shall designate an individual certified as a master by the City of Salina in the trade for which
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be either
licensing is sought who is associated with the applicant as an owner, officer, director or employee in
Deleted:
its full-time employment at all times. In order to qualify for a solid-fuel appliance installation
n
contractor license, an applicant shall be an installer licensed by the City of Salina as a solid-fuel
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or a business entity having
appliance installer or have in its full-time employment at all times an installer licensed by the City
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who is a designated master
certified by the City of Salina in the trade
of Salina as a solid-fuel appliance installer.
for which licensing is sought
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A
(b) The designated master or installer shall:
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licensed
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their
(1)Be the legal representative for the business entity relative to the provisions of this
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Article:
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b
(2)Satisfy the requirements of this Article: and
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.
(3)Not be a master or installer for more than one business entity.
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Formatted: Indent: Left: 36 pt
Section 8-185.1. Change in status of designated master or installer.
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The designated master or
When the designated master or installer becomes no longer associated with or employed on a full-
installer shall s
time basis by the licensee for any reason (the “date of disassociation”), the licensed skilled trade
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contractor shall immediately notify the city clerk in writing of the date of disassociation and another
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.
designated master or installer must be designated within thirty days. No further permits or
Formatted: Font color: Auto
inspections shall be granted to the licensee from the date of disassociation until a new designated
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A designated master or
master or installer has been designated. If a designated master or installer is not designated within
installer shall n
thirty days after the date of disassociation, work on all permits previously issued to the licensee
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shall be suspended until a new designated master or installer has been designated.
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Sec. 8-186. Trade license required.
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terminates
It is shall be unlawful for any individual to engage in the trade or otherwise perform plumbing
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work, electrical work or HVAC mechanical work as defined in section 8-171 within or on any
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employment or association
building or premises within the city without first having secured a master, journeyman or apprentice
with
license for the trade at which they are laboring and being in the employment of a licensed skilled
Deleted:
permits must
trade contractor. It shall further be unlawful for any individual to engage in the trade or otherwise
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No trade license shall be
perform any installations of solid-fuel appliances without first having secured a solid-fuel installers
issued to any individual if the individual
license or apprentice license.
who has been issued a trade license by
the City of Salina or any other licensing
jurisdiction within the United States and
Sec. 8-187. Classification of trade licenses.
such license is either under an active
suspension or was revoked within five
Trade licenses shall be classified as follows:
years prior to the date of application for
licensing by the City of Salina. The
licenses required under this section are
subject to the exemptions set forth in
Section 8-191. ¶
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Master. A master shall provide written certification of passage of the standard trade exam for
Master as prescribed by the State of Kansas w ith a minimum score of 75%. A master electrician
must certify a minimum of six (6) years of field experience a master plumber or mechanic must
certify a minimum of four (4) years of field experience in the trade for which they seek licensure,
doing the type of work they will be required to perform, supervise or direct, under the direct
supervision of a person holding a valid journeyman or master certificate.
Journeyman. A journeyman shall provide written certification of passage of the standard trade exam
for journeyman as prescribed by the State of Kansas with a minimum score of 75%. A journeyman
electrician must certify a minimum of four (4) ye ars of field experience and a journeyman plumber
or mechanic must certify a minimum of two (2) years of field experience in the trade for which they
seek licensure, doing the type of work they will be required to perform, under the direct supervision
of a person holding a valid journeyman or master certificate.
Solid-fuel appliance installer. A solid-fuel appliance installer shall provide written certification of
passage of the Woodburning Specialist and the Pellet Specialist examinations administered by the
National Fireplace Institute or any other approved fireplace hearth certification test developed by an
independent and nationally recognized testing organization or educational institute approved by the
department in order to be licensed.
Apprentice. Any person earning his livelihood as a solid-fuel appliance installer, plumber,
electrician, or HVAC mechanic but who has not acquired the necessary longevity of experience to
be eligible to become a journeyman, or who with the necessary longevity of experience has not
passed the required journeyman or solid-fuel appliance installer examination, is hereby classified as
an apprentice. An apprentice shall not labor at the trade in which they are apprenticing except when
under the immediate supervision and direction of a licensed journeyman or master, properly
licensed by the City of Salina. Effective March 1, 2008, one (1) certified journeyman or master
shall directly supervise no more than three (3) apprentices at a time. Apprentices shall be directly
supervised by the presence of the requisite number of journeymen or masters on the job at all times,
except that apprentices performing service work for which no permit is required need not be
accompanied by a journeyman or master. No person who has had his license revoked for cause
shall be allowed to work as an apprentice.
Sec. 8-188. Qualifications for examination.
Application for examination for skilled trade licen sing shall contain an affidavit verifying the
following experience requirements:
(1)Master. An applicant for the master electrician examination must certify a minimum of six
(6) years of field experience and an applicant for the master plumbing or mechanical
examination must certify a minimum of four (4) years of field experience in the trade for
which they seek licensure, doing the type of work they will be required to perform,
supervise or direct, under the direct supervision of a person holding a valid journeyman or
master certificate. Satisfactory completion of 240 hours of classroom training in the trade
for which licensing is sought at an accredited trade school and three (3) years practical
experience may be accepted in lieu of the foregoing requirements.
(2)Journeyman. An applicant for the journeyman electrician examination must certify a
minimum of four (4) years of field experience and an applicant for the journeyman
plumbing or mechanical examination must certify a minimum of two (2) years of field
experience in the trade for whic h they seek licensure, doing th e type of work they will be
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required to perform, under the direct supervision of a person holding a valid journeyman or
master certificate. Satisfactory completion of 240 hours of classroom training in the trade for
which licensing is sought at an accredited trade school and one (1) year practical experience
may be accepted in lieu of the foregoing requirements.
Sec. 8-189. Continuing education requirements.
Applicants for renewal of journeyman or master skilled trade licenses for plumbing, electrical or
mechanical must verify completion of a minimum number of continuing education hours related to
the applicable skilled trade, as follows:
(1) 12 hours for renewal of a license prior to December 31, 2007
(2) 18 hours for a renewal of a license thereafter
The building official shall promulgate the regulations necessary to administer compliance with this
continuing education requirement.
Sec. 8-190. Grandfathered skilled trade licenses.
A trade license issued by the City based on any test or criteria other than passage of the standard
trade exam prescribed by the State of Kansas shall remain valid and in good standing until it expires
or is revoked for cause. Upon expiration or revocation, the licensee must apply for a new license
based on passage of the standard trade exam in order to continue to labor at the trade for which they
seek licensure.
Sec. 8-191. Exemptions from skilled tradecontracting or trade licensing.
The following work shall be exempt from the skilled trade contracting or trade licensing
requirements:
(1)Work performed by any person working in or upon any building or premises owned and
occupied by an agency of the state or federal government.
(2)Work performed by any person working upon a public utility system owned by a public
utility franchised by the City of Salina.
(3)Work performed by any person employed by the water and sewerage department of the City
of Salina in relation to operation and mainte nance of the City-owned water and sewer
distribution, collection & treatment systems.
(4)Work performed by an owner of a single-family dwelling being constructed or occupied as
the exclusive dwelling of the owner or the portion of a single family attached dwelling being
occupied as the exclusive dwelling of the owner, including the usual accessory buildings
thereto when the owner personally purchases and installs all material used in the
construction, and adheres to all other portions of this chapter. This exemption shall not
apply if any owner of the dwelling has any open permits issued under this exemption for a
different address or has been issued a certificate of occupancy for any building permit issued
under this exemption for a different address within the preceding 12 months.
(5)Work performed by an owner or the owner’s employee(s) on the owner’s property, when the
work performed does not require a permit.
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(6)Persons who own or are regularly employed by the property owner are exempt from the
licensing requirement when they are performing work on the property that is exempt from
the requirements for a permit. An appropriate license is required for all work that requires a
permit.
(7)Work performed by any person who has a valid mobile home craftsman license issued by
the City of Salina while performing repairs or replacements to the systems located within a
mobile home under the provisions of Article IV of Chapter 22.
(8)Work performed by any person or business ent ity installing private sewer mains or private
water mains provided a supervising employee that has passed the Underground Utilities 331
test as given by Block and Associates, Experi or or other testing agencies approved by the
Building Advisory Board is on the job site at all times; such person or business entity is
licensed as a Utility Contractor; and is insured to provide coverage in the same amounts as a
plumbing contractor.
DIVISION 4. REGISTERED TRADESMAN
.
Sec. 8-192. Registration required
It shall be unlawful for any person to install, repair, or otherwise perform work for hire relating to
the following:
(1)windows, doors and siding
(2)insulation
(3)drywall or sheetrock
(4)ceiling
(5)millwork
(6)painting
(7)floor covering
(8)moving a building or structure
in the city, or cause the same to be done, unless such person holds any classification of building
contractor license or has been validly registered with the city as a registered tradesman to perform
such work, subject to the same exemptions applicable to the building contractor license
requirements set forth in Sec 8-183. In extending the rights and privileges of registration, the city
makes no statement of the technical competency of the registrant.
DIVISION 5. General License and Registration Requirements
Sec. 8-193. Application for licensing or registration.
An applicant for a building contractor license, a provisional building contractor license, a skilled
trade license, or a tradesman registration pursuant to this Article shall be subject to the provisions of
this Division and shall complete and submit an application form available from the city clerk's
office. The application shall be accompanied by proof that the applicant is currently insured to meet
the requirements of Section 8-195.
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Sec. 8-194. Application for examination.
Application for any testing associated with licensing shall be made to the Building Services
Department.
Sec. 8-195. Insurance requirements for contractor licensing and tradesman registration.
Each licensee or registrant shall procure and maintain in full force, for the duration of the license or
registration, public liability insurance, with limits of not less than the Kansas Tort Claims Act
maximum liability (currently $500,000). Each licensee or registrant shall also procure and maintain
in full force, for the duration of the license, workers compensation insurance as required by the
Deleted:
W
State of Kansas. Proof of coverage for all required insurance policies shall be on file with the City
Deleted:
man'
of Salina at all times. Each insurance policy shall contain a clause to the effect that the policy shall
Deleted:
C
not at any time during the license or registration period be canceled or reduced, restricted or limited,
Deleted:
I
unless the city clerk's office is given ten (10) days written notice.
Sec. 8-196. No revocations or pending suspensions.
No license or registration shall be issued to any individual or business entity if the individual, the
business entity, or an owner of more than a twen ty-five percent 25% interest in the business entity
has been issued any classification of building contractor license, skilled trades license, or
tradesman registration by the City of Salina or an y other licensing jurisdiction within the United
States and such license or registration is either under an active suspension or was revoked within
five years prior to the date of application for licensing or registration by the City of Salina.
Sec. 8-197. Fee.
The license or registration fees and renewal fees shall be paid to the city clerk. All fees shall be as
prescribed in section 2-2.
Sec. 8-198. Expiration and renewal.
Deleted:
.
Unless renewed, each license or registration shall expire on the 31st day of December of the third
calendar year regardless of when the license or registration was issued. In the case of any license
subject to a continuing education requirement, a new license shall not be issued to a person who
was the holder of an expired license until that person can verify completion of the continuing
education that would have been required to renew the expired license. In the case of building
contractor licenses, a new license shall not be is sued to the licensee until the designated qualified
individual can verify completion of the continuing education that would have been required to
satisfy the requirements of Section 8-175.
Sec. 8-199. Suspension of license or registration.
(a)The city clerk may suspend any license or registration for the following reasons:
Deleted:
;
(1)Failure to remit any required fees;
(2)Failure to provide annual insurance certification;
Deleted:
.
(3)Failure to maintain any required insurance; or
Deleted:
.
(4)Whenever a permit or inspection fee is required by this chapter, and the fee is not paid on or
before the tenth of the month following the issuance of a permit or the making of the
inspection, the license or registration of the person liable for the fee shall be suspended until
such time as the fee is paid.
14
(b)The city clerk may suspend a plumbing,mechanical or electrical contractor license for
Deleted:
P
failure to maintain a designated master, or a solid-fuel appliance installation contractor license for
Formatted: Bullets and Numbering
failure to maintain a licensed solid-fuel appliance installer, or a building contractor license for
Deleted:
M
failure to maintain a qualified party.
Deleted:
E
Deleted:
S
Sec. 8-200. Deadline for renewal of license.
Deleted:
F
No renewal license or registration will be issued to any licensee after January thirty-first. Renewal
Deleted:
A
requests received after that date will be handled as an initial application.
Deleted:
I
Deleted:
Sec. 8-200.1. License not transferable.
B
No licensee or registrant shall allow his/her license or registration, by name or other identification,
to be transferred, assigned, or used in any manner directly or indirectly, or for any purpose, by any
other person.
Sec. 8-200.2. Advertising limitations.
No person shall advertise in any manner implying or stating that they will provide services for work
that requires a license or use the title or designation of any licensee regulated herein, unless licensed
under the provisions of this article. No person shall advertise in media outlets that are marketed to
include Salina consumers for services for which the person or business is not licensed as required
by the City of Salina to perform pursuant to this Article, without providing in the advertisement a
disclaimer that discloses those services can not be rendered within the corporate city limits.
Sec. 8-200.3. License or registration to be displayed.
Each licensee or registrant must conspicuously pos t or display the license or registration in the
public reception area of the licensee’s or registra nt’s place of business. Any person performing
work for which a skilled trade license is required shall have their license readily available at all
times that work is being performed.
Sec. 8-200.4. Discipline of licensees or registrants.
(1)Any license or registration provided for in this article may be designated as under
probationary status, suspended or revoked for cause by the city manager, the status of which
shall been public information subject to public disclosure. Acts that may be deemed as
sufficient cause for revocation or suspension of a license or registration may include but are
not limited to the following:
(a)Misrepresentation of a material fact in obtaining a license or registration;
Deleted:
.
(b)Fraudulent use of a license or registration;
Deleted:
.
(c)A willful violation or repeated violations of the technical codes and other related
ordinances of the City of Salina, or failure to comply with any lawful order of the
building official; or
Deleted:
.
(d)Negligence in providing reasonable safety measures for the protection of workers and
the public.
(2)Each licensee or registrant shall be held re sponsible for the violation of these and other
related regulations by the licensee or registrant, and by persons or subcontractors employed
15
by the licensee or registrant. The building offici al shall notify the licensee or registrant in
writing at any time the licensee or registrant is under consideration for probation, suspension
or revocation. A date, no less than ten (10) days after notification is mailed, will be
established for a hearing before the city manager at which the licensee or registrant may
appear and be heard. The city manager shall provide, in writing, his decision regarding the
status of the licensee or registrant.
(3)Appeal. Any probation, suspension or revocation of a license or registration may be
appealed to the board of city commissioners by filing a notice of appeal with the city clerk's
office within twenty days of the date of the city manager’s written decision. The appeal shall
Deleted:
20
be heard by the board of city commissioners at their next regularly scheduled meeting. Any
decision of the board of city commissioners shall be subject to appeal pursuant to applicable
state law.”
Section 2.
That the existing Article III of Chapter 8 of the Salina Code is hereby repealed,
with the exception of existing Section 8-171 which shall remain in full force and effect until August
1, 2007.
Section 3
. That all persons seeking a building cont ractor license or a provisional building
contractor license under Article III of Chapter 8 of the Salina Code as amended by this ordinance
shall have a compliance period from the May 1, 2007 effective date of this ordinance until August
Deleted:
of 90 days from the date of
publication
1, 2007.
Section 4
. Any contractor registered with the City of Salina as of the May 1, 2007 effective
date of this ordinance shall be permitted to complete work under any building permits applied for
Deleted:
publication of
as of August 1, 2007, regardless of whether the registered contractor obtains a building contractor
Deleted:
issued
license or a provisional building contractor license under this ordinance.
Deleted:
Deleted:
that date for a period of one
Section 5.
That this ordinance shall be published once in the official city newspaper and
(1) year
shall be in full force and effect from and after May 1, 2007, with the exception that newly stated
Deleted:
Section 8-172 shall be in full force and effect as of August 1, 2007.
Deleted:
its adoption and publication
once in the official city newspaper.
Introduced:
Passed:
Donnie D. Marrs, Mayor
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, City Clerk
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