8.4 Concrete Specialty LicenseCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
10/1/2012 4:00 P.M.
ORIGINATING DEPARTMENT: FISCAL APPROVAL: AGENDA SECTION
NO: 8
BY: DEVELOPMENT SERVICES
BUILDING SERVICES FINAL APPROVAL: ITEM
NO:
Page 1
4
BY: Elvin DeVorss BY:
ITEM: Ordinance No. 12-10662
An ordinance amending Section 8-172.1 of the Salina Municipal Code to allow a licensed specialty
concrete contractor to perform concrete work in the right-of-way and to clarify the allowed scope of work
under a Classes A, B & C Building Contractor licenses.
BACKGROUND:
The current licensing requirement, for a company to perform concrete work in the City right-of-way, is
for the contractor to obtain a specialty right-of-way concrete contractor license. Current code also
requires a company who performs structural concrete work, to obtain a specialty concrete contractor
license which is a similar but different license. Many of the concrete contractors perform both right-of-
way concrete work and structural concrete work so they are required to hold two separate licenses in
order to perform that work in Salina.
The permissible scope of work for each type of Building Contractor license is specified in the form of a
chart within the City Code as follows:
Sec. 8-172.1 Current Code Language:
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 or provisional building
contractor license listed in Chart I – Column C, subject to the exemptions set forth in Section 8-183;
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
Class C -
General
Contractor
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
10/1/2012 4:00 P.M.
ORIGINATING DEPARTMENT: FISCAL APPROVAL: AGENDA SECTION
NO: 8
BY: DEVELOPMENT SERVICES
BUILDING SERVICES FINAL APPROVAL: ITEM
NO:
Page 2
4
BY: Elvin DeVorss BY:
fire sprinkler systems.
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, 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
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
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
10/1/2012 4:00 P.M.
ORIGINATING DEPARTMENT: FISCAL APPROVAL: AGENDA SECTION
NO: 8
BY: DEVELOPMENT SERVICES
BUILDING SERVICES FINAL APPROVAL: ITEM
NO:
Page 3
4
BY: Elvin DeVorss BY:
Building Services staff met with the City Manager’s Office and the City Engineering Department to
discuss licensing issues related to contractors performing work in the right-of-way. It was determined
that there are several Class C contractors performing right-of-way concrete work, including sidewalks,
driveway approaches and curb and gutter placement, and that such work is not necessarily part of the
construction of a one or two family dwelling or the accessory structures to a one or two family dwelling.
Engineering staff believe that a Class C contractor has adequate knowledge and skill to perform
concrete work in the right-of-way even when it is not related to the construction of a one or two family
dwelling. Therefore they recommend that a Class C contractor be allowed to obtain those types of
permits and perform that type of work.
Staff also recommended to the Building Advisory Board that a Specialty Concrete Contractor be
allowed to perform right-of-way concrete work. The test that is currently required for the Specialty
Right-of-Way Concrete license is actually more geared for asphalt paving as opposed to concrete
work is very different from the concrete right-of-way work. Paving contractors that are performing
work under contract with the City are not required to be a licensed contractor, because paving
contractors that perform that type of work are inspected by certified asphalt inspectors.
Building Advisory Board Action:
As part of their consideration, staff noted to the Building Advisory Board that there are currently 13
specialty right-of-way concrete contractors licensed in the City of Salina. All but 3 carry both a
specialty right-of-way concrete license and a specialty concrete license in order to be able to perform
right-of-way concrete work and structural concrete work. Staff discussed the possibility of eliminating
the specialty concrete contractor’s license but that would essentially eliminate the ability of 3 current
right-of-way contractors who only do right-of-way concrete work and therefore only carry one license
for that category. There are also several general contractors who are not required to carry a separate
specialty right of way contractor’s license because they are allowed to do right-of-way concrete work
under their general contractor’s license. Consequently, the Building Advisory Board recommended
that Specialty Concrete Contractor’s be allowed to construct sidewalks, driveways, gurbs and gutters
located in the City rights-of-way rather than merging the two license categories.
Staff presented a proposed code amendment to the Building Advisory Board on August 14, 2012.
Following the presentation of the staff report, discussion and questions by the board and the public,
the Board voted 8-0 to recommend approval of the proposed code amendments, as proposed by staff,
to Section 8-172.1, Chart I-Building Contractors, specifically:
a. Leaving the Specialty Right of Way Contractor Licensing Category as is;
b. Removing the word “only” as indicated in the General and Specialty Contractor work of the
Class C General Contactor;
c. Adding the language “and construction of sidewalk, driveways, curbs and gutters located in
any city right-of-way” into the Specialty Concrete Contractor License.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
10/1/2012 4:00 P.M.
ORIGINATING DEPARTMENT: FISCAL APPROVAL: AGENDA SECTION
NO: 8
BY: DEVELOPMENT SERVICES
BUILDING SERVICES FINAL APPROVAL: ITEM
NO:
Page 4
4
BY: Elvin DeVorss BY:
Following the meeting, the City Attorney and staff reviewed the Building Advisory Board’s proposed
text amendment (removing the word “only” from the Class C license scope of work) and compared it to
the Board’s intention of broadening the permissible scope of work for Building Contractors (A, B & C),
and has developed alternate language that we believe more clearly communicates the intended
requirements and outcomes.
Proposed Code Amendments:
Chart I
Building Contractor Licenses
Column A
Work
Column B
Licenses
- General & specialty contractor work on any
buildings, structures and signs; and
- Specialty contractor work in all specialty
classifications except 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; and
- Specialty contractor work in all specialty
classifications except 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; and
- Specialty contractor work in all specialty
classifications except 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
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
10/1/2012 4:00 P.M.
ORIGINATING DEPARTMENT: FISCAL APPROVAL: AGENDA SECTION
NO: 8
BY: DEVELOPMENT SERVICES
BUILDING SERVICES FINAL APPROVAL: ITEM
NO:
Page 5
4
BY: Elvin DeVorss BY:
On-site forming and placing of concrete for
building walls, columns, self-supporting floors or
roofs, retaining walls requiring building permits,
and construction of sidewalks, driveways,
curbs and gutters located in any city right-
of-way.
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
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
FISCAL NOTE:
The only fiscal impact to the city would be the loss of revenue for those 11 contractors who currently
are required to maintain 2 licenses.
CONFORMANCE WITH THE STRATEGIC PLAN:
Related Strategic Plan goals may include:
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
10/1/2012 4:00 P.M.
ORIGINATING DEPARTMENT: FISCAL APPROVAL: AGENDA SECTION
NO: 8
BY: DEVELOPMENT SERVICES
BUILDING SERVICES FINAL APPROVAL: ITEM
NO:
Page 6
4
BY: Elvin DeVorss BY:
Goal #3 The City will provide the highest quality of services, consistent with governing body
direction, available resources and staff commitment to quality.
COMMISSION ACTION:
The following options are suggested for the Commissions consideration:
1. Adopt Ordinance No. 12-10662 on first reading amending Section 172.1 of the Salina municipal
code, as proposed.
2. Adopt Ordinance No. 12-10662 on first reading amending Section 172.1 of the Salina municipal
code, with any modifications as deemed appropriate by the Commission without further review
by the Building Advisory Board or City staff.
3. Postpone action Ordinance No. 12-10662 pending further review by the Building Advisory Board,
with specific direction from the City Commission.
4. Take no action, thus declining to approve the proposed text amendments.
Staff recommends Option #1.
Encl: Ordinance No. 12-10662
Summary published in The Salina Journal on October ___, 2012.
Published on the City of Salina website from October __________, 2012.
ORDINANCE NUMBER 12-10662
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE III, DIVISION 2, SECTION 8-
172.1 PERTAINING TO WHEN A BUILDING CONTRACTOR LICENSE IS REQUIRED
AND REPEALING EXISTING SECTION 8-172.1.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Amendment. That Section 8-172.1 of Chapter 8, Article III, Division 2 is hereby
amended as follows:
Sec. 8-172.1 Chart I – Building Contractor Licenses.
Column A
Work
Column B
Licenses
General contractor work on any buildings, structures and
signs; and
Specialty contractor work in all specialty classifications except
swimming pools, fire alarm & communications systems, or fire
sprinkler systems.
Class A - General
Contractor
General 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; and
Specialty contractor work in all specialty classifications except
swimming pools, fire alarm & communications systems, or fire
sprinkler systems.
Class B - General
Contractor
General contractor work on one and two family residences and
their accessory structures and residential monument or ground
signs; and
Specialty contractor work in all specialty classifications except
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, retaining walls
requiring building permits, and construction of sidewalks,
driveways, curbs and gutters located in any city right of way.
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 Specialty Masonry
Column A
Work
Column B
Licenses
building walls, structural or veneer, and for retaining walls
requiring building permits; and installation, repair, and
replacement of masonry fireplaces, hearths, and chimneys.
Contractor
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 2. Repealer. That existing Sections 8-172.1 is hereby repealed.
Section 3. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 12-10662 Summary
On October 15, 2012, the City of Salina, Kansas, passed Ordinance No. 12-10662.
The ordinance amends Chapter 8, Section 8-172.1 of the Salina Code by adding
construction of sidewalks, driveways, curbs and gutter within any city right-of-way
to the type of work to be preformed under a Specialty Concrete Contractor license.
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 4. 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