8.2 Repeal Provisional Contractor LicensesCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
10/15/2012 4:00 P.M.
ORIGINATING DEPARTMENT: FISCAL APPROVAL: AGENDA SECTION
NO: 8
BY: N/A
CITY CLERK’S OFFICE FINAL APPROVAL: ITEM
NO:
Page 1
2
BY: Lieu Ann Elsey BY:
ITEM: Ordinance No. 12-10661
Second reading Ordinance No. 12-10661 amending Sections 8-171, 8-172, and 8-177 through 8-182
of the Salina Code pertaining to the provisional licensing requirements.
BACKGROUND:
Ordinance No. 12-10661 was passed on first reading on October 1, 2012. Since that time no
comments have been received.
RECOMMENDED ACTION:
Adopt on second reading Ordinance No. 12-10661 amending Sections 8-171, 8-172, and 8-177
through 8-182 of the Salina Code pertaining to the provisional licensing requirements.
ORDINANCE NUMBER 12-10661
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE III, SECTIONS 8-171, 8-172, AND
8-172.1 AND REPEALING EXISTING SECTIONS 8-171, 8-172, 8-172.1 8-177, 8-178, 8-179,
8-180, 8-181, AND 8-181 PERTAINING TO PROVISIONALLY LICENSED BUILDING
CONTRACTORS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Amendment. That Section 8-171 of Chapter 8, Article III, Division 1 of the Salina
Code is hereby amended as follows:
Sec. 8-171. Definitions.
Definitions shall be classified as follows:
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.
Employee. An individual who works in the service of another person (the employer) when the
employer has the right to control and direct the individual who performs the services, not only
as to the result to be accomplished by the work, but also as to the details and means by which
that result is accomplished; and in relation to whom the employer (a) withholds federal income
tax and social security tax from the wages paid for the work and (b) pays social security tax and
unemployment tax.
Licensed Building Contractor. A person to whom a building contractor license has been issued by
the City of Salina.
Registered Craftsman. A person to whom a building craftsman registration has been issued by the
City of Salina.
General contractor work. Includes the (a) oversight and completion of the entire scope of work
included in a building permit, including without limitation, purchasing materials, hiring and
paying subcontractors, and coordinating all the work; and (b) the satisfactory completion of all
permit requirements necessary to obtain a certificate of occupancy or a certificate of completion
for which the contractor is responsible.
Specialty contractor work. Includes the work of contracting directly 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.
Skilled Trade. The practice of plumbing work, electrical work, HVAC mechanical work or
solid-fuel appliance installations as defined in this section.
Licensed Skilled Trade Contractor. A person to whom a plumbing, HVAC mechanical,
electrical or solid fuel appliance installer contractor license has been issued by the City of
Salina.
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. Electrical
work also includes the installation, replacement, or repair of predesigned fire alarm and fire alarm
communications systems, except to the extent the same work can also be performed by a Specialty
Fire Alarm and Communication Contractor licensed or registered pursuant to this chapter.
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 domestic 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, repair 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 stoppages or the repair of plumbing
appliances such, as but not limited to dishwashers, garbage disposals, water softeners or ice
machines. Plumbing work also includes the installation, replacement, or repair of predesigned
fire suppression systems, except to the extent the same work can be performed by a Specialty
Fire Sprinkler Contractor licensed or registered pursuant to this chapter.
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 be limited to listed,
factory built appliances.
Section 2. Amendment. That Section 8-172 of Chapter 8, Article III, Division 2 of the Salina
Code is hereby amended as follows:
Sec. 8-172. Building contractor license required.
Building Contractor license requirements shall be classified as follows:
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:
(1) Holds, either as an individual or business entity, the corresponding building contractor
license listed in Chart I – Column B, subject to the exemptions set forth in Section 8-
183;
(2) Is an individual working as an employee of a licensed building contractor; or
(3) Is a registered craftsman, including the employees of the registered craftsman, (see
Division IV regarding Registered Craftsman):
(a) working under a subcontract between the registered craftsman and a licensed
building contractor ;
(b) obtaining permits and constructing fences more than six feet (6’) in height; or
(c) obtaining permits and constructing retaining walls that are over 4 feet (1219 mm)
in height measured from the bottom of the footing to the top of the wall or that
support a surcharge or that impound Class I, II or III-A liquids.
Section 3. Amendment. That Section 8-172.1 of Chapter 8, Article III, Division 2 of the Salina
Code is hereby amended as follows:
Sec. 8-172.1 Chart I – Building Contractor Licenses.
Chart I
Building Contractor Licenses
Column A
Work
Column B
Licenses
General & specialty contractor work on any buildings, structures and
signs - but not swimming pools, fire alarm & communications systems,
or fire sprinkler systems.
Class A - General
Contractor
General & specialty contractor work on any buildings not exceeding 3
stories or structures not exceeding 65 feet in height, nonstructural
alterations or repairs to any buildings or structures and signs - but not
swimming pools, fire alarm & communications systems, or fire
sprinkler systems.
Class B - General
Contractor
General & specialty contractor work on one and two family residences
and their accessory structures only and signs - but not swimming pools,
fire alarm & communications systems, or fire sprinkler systems.
Class C - General
Contractor
The property owner serving as general contractor on 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 requires a specialty or trade license under this
Article.
Class D -
Contractor/Owner
On-site forming and placing of concrete for building walls, columns
and self-supporting floors or roofs and for retaining walls requiring
building permits.
Specialty Concrete
Contractor
Rough framing of structural and non-structural building components
such as walls, floors and roofs using wood or metal.
Specialty Framer or
Erector Contractor
Installation, repair and replacement of roof coverings, including roof
deck insulation and nonstructural roof decking.
Specialty Roofing
Contractor
Placement of brick, stone, block and other masonry products for
building walls, structural or veneer, and for retaining walls requiring
building permits; and installation, repair, and replacement of masonry
fireplaces, hearths, and chimneys.
Specialty Masonry
Contractor
Chart I
Building Contractor Licenses
Column A
Work
Column B
Licenses
Installation, maintenance, alteration and repair of fire sprinkler/
suppression systems and related fire protection equipment.
Specialty Fire Sprinkler
Contractor
Installation, maintenance, alteration and repair of fire alarm systems
and related fire protection equipment.
Specialty Fire Alarm and
Communication
Contractor
Demolition and removal of buildings and structures. Specialty Demolition
Contractor
Installation, alteration and repair of permanent signs. Specialty Sign Contractor
Construction of sidewalks, driveways, curbs and gutters located in any
city right-of-way.
Specialty Right-of-Way
Concrete Contractor
Installation and repair of permanent in-ground or above-ground
swimming pools as defined by city code.
Specialty Swimming
Pool Contractor
Section 4. Repeal and Reserve. That Sections 8-177, 8-178, 8-179, 8-180, and 8-181 are hereby
repealed and reserved in the Salina Code.
Section 5. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 12-10661 Summary
On October 15, 2012, the City of Salina, Kansas, passed Ordinance No. 12-10661.
The ordinance amends Chapter 8 of the Salina Code by amending Sections 8-171, 8-
172, 8-172.1 and repealing Sections 8-177 through 8-182 to removing the
classification and regulation of provisionally licensed building contractors. A
complete copy of the ordinance is available at www.salina-ks.gov or in the office of
the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the
city attorney.
Section 6. Effective Date. This ordinance shall be in full force and effect from and after its
adoption and publication by summary once in the official city newspaper.
Introduced: October 1, 2012
Passed: October 15, 2012
Norman M. Jennings, Mayor
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, City Clerk