8.1 Building Contractor LicensingCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
4/17/2006 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR
NO: 8 AGENDA:
BUILDING SERVICES
ITEM
NO. 1
BY:
BY: Michael Roberts
Page 1
ITEM:Ordinance No. 06-10322, and No. 06-10323
A. An ordinance amending Se ction 8-73 of the Salina Code by providing for a local
amendment of Section 102.1 of the Uniform Plumbing Code.
B. An ordinance amending Article III of Chapter 8 of the Salina Code pertaining to Building
Contractor and Skilled Contracting Licenses.
BACKGROUND:
In 2000, the Building Advisory Board considered the issue of building contractor licensing with a test
for competency and elected to proceed with a registration process in lieu of licensing. At that time,
the Building Advisory Board felt like this was a good first step towards getting the contractors used to
the idea of having to be accountable to local government and verifying that they at least carried a
minimum amount of liability insurance for the protection of our local consumers. At the same time,
they elected to table the question of building contractor licensing and put it on their action plan for
consideration at a later date.
In 2005, the Kansas Stat e Legislature adopted new rules governing the issuance and renewal of
trade licenses for plumbers and HVAC mechanics. The new requirements established a minimum
experience requirement that must be met in order to be approved for a license as well as continuing
education requirements for license renewal.
The need to amend our local licensing ordinances to comply with State requirements highlighted the
issue with the Building Advisory Board and initia ted their consideration of a number of licensing
changes that were exhaustively discussed for most of last year before making any recommendations
to the commission.
In preparation for the Building Advisory Board’s consideration of the proposed changes, the following
steps were taken to advise the general public, building contractor community, and the skilled trades
community:
Staff held regular roundtable discussions with the plumbing, mechanical and electrical
contractors regarding the specific issues that dealt with t heir licenses at regular quarterly
meetings with those contractors, and advised the group of the latest developments that had
occurred in recent Board meetings
Each month, staff targeted a mailing list of concerned parties in sending out notifications
concerning that month’s Board agenda and when applicable? in cluded copies of pertinent
staff reports
Every month, the Board agenda and staff reports are posted online on the Departments web
page
Staff often spoke with concerned parties indi vidually, including members of the Homebuilders
Association and general contractors, to apprise them of proposed discussions and/or actions
and to encourage their participation in the process.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
4/17/2006 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR
NO: 8 AGENDA:
BUILDING SERVICES
ITEM
NO. 1
BY:
BY: Michael Roberts
Page 2
Additionally, the Building Advisory Board occasionally postponed consideration of particular items
when it was apparent from the input received that additional time for investigation or consideration
was needed on the part of the Homebui lders’ Association, the Buil ding Contractors, the Skilled
Tradesmen, or staff.
As the primary issue related to the proposed Code amendment, the Board concluded that it is time
to move from the simple registration process currently adopted for building contractors to a license
that is based on a competency test similar to the other skilled trades. Many of the other jurisdictions
in Kansas including Johnson Count y and all of the incorporated communities therein, Topeka,
Manhattan and Lawrence have all adopted building contractor licensing within the last 5 years.
Wichita and Sedgwick County have had building contractor license requirements for years.
The Board discussed the various models of contra ctor classification used by these other
communities to determine what was best for us as well as a detailed implementation process that
will grandfather currently registered contractors within the various license categories. The Board
worked closely with several general contractors as well as the Salina Home Builders’ Association to
put together a program that everyone felt was fair and equitable.
Upon completion of the Building Advisory B oard’s recommendation, the draft document was
reviewed by the City Attor ney and the Deputy City Manager. The attached final document
accurately represents the recommendations of th e Building Advisory Board as well as the
clarifications and corrections recommended by the City Attorney and Deputy City Manager. It should
be noted that after the Building Advisory Board completed their recommendation, a provision was
added to provide a process by which the City Manager may place a building contractor on probation
in addition to the suspension or revocation provisions previously provided in the Code.
As background, our existing ordinanc e provides that building contra ctors are only required to
purchase a registration with t he City with no requirements asso ciated with experience or
competency. Currently, the only additional requirement is that they must provide proof of a minimum
amount of general liability insurance.
The following is a summary of the substantive changes contained in the attached document.
Building Contractor Licensing
Changed from Building c ontractor registration to licensing process
Requiring that in order to obtain a buildin g contractor license, the business must have a
Qualifying Party in their employ or ownership who is qualified based on passage of a standard
test for competency or qualified through academic training certified by a bachelors degree in
engineering, architecture, construction management or construction science.
Providing a provisional building contractor license which would grandfather existing registered
contractors into equivalent license categories without testing based on their years of
experience as documented through their registra tion history and in the types of work
classification for which they would be seeking licensure based on the types of building permits
they had obtained in that period.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
4/17/2006 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR
NO: 8 AGENDA:
BUILDING SERVICES
ITEM
NO. 1
BY:
BY: Michael Roberts
Page 3
Broadened license categories, including preserving a D license category for some contractors
such as roofers, siding and window installers and painters that does not require a test, but
insures an ability to perform the contractor discipline
Skilled Trade Licensing
Establishing an apprentice to journeyman/master ratio which limits the number of apprentices
that a journeyman or master may directly supervise on the job. There is currently no limit to
the number of apprentices that a single journeyman or master may supervise, and the Board
felt that could lead to abuses of the intent of the provision to provide adequate training for
apprentices. (The Board also recommends a deferred implementation date for these
provisions to allow local contractors time to train and license more journeyman.)
The State previously did not allow exper ience requirements to be imposed by local
jurisdictions for the basis of issuing licenses, however locally we did impose experience
requirements in order to sponsor a candidate to take the test. New state law requires that a
minimum amount of experience is now required in order to obtain a license, and that amount
of time differs from our currently adopted experience requirements. This ordinance will bring
the requirements in line with state law
The new state law also requires that six hours a year of continuing education are required in
order for any licensed skilled tradesman to renew their license. This ordinance would locally
codify that requirement.
It should also be noted that the Bu ilding Advisory Board recommended not to reduce the local
experience requirements for electricians to match the new requirements for plumbers and
mechanics, but did recommend that continuing educ ation be required for electrical licenses to
duplicate the requirements of the other trades.
More Enforceable Truth in Advertising Language
The Board also recommended new language be added to t he truth in advertising
requirements in section 8-185 to allow the provision to be more enforceable. The Board and
staff consulted with bot h the City Attorney and the City Pr osecutor in constructing the
language to be both constitutional and enforceable.
Due to the special circumstances related to transition from a registration to a licensing process, the
Building Advisory Board gave considerable consideration to the change in policy that the proposed
amendments would represent to the current building and contracting community, and incorporated
provisions to provide mechanisms for grandfathering. In that regard, I have listed the substantive
provisions intended to implement transition provisions below:
A six month window for currently registered contractors to obtain a Provisional license. The
license that would be issued would allow currently r egistered contractors to continue to do
business in the future without having to submit to a testing requirement, provided they qualify
through the following experience requirements;
1. Class A (unlimited building construction) The applicant for a Class A license must have
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
4/17/2006 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR
NO: 8 AGENDA:
BUILDING SERVICES
ITEM
NO. 1
BY:
BY: Michael Roberts
Page 4
been registered with the City for not less than 5 years and within the previous 3 years
must have obtained building permits from the City for the type of work approved by the
license.
2. Class B (unlimited building construction, 3 stories and less) The applicant for a Class B
license must have been registered with the City for not less than 3 years and within the
previous 3 years must have obtained building permits from the City for the type of work
approved by the license
3. Class C (one-and-two family dwellings and their accessory structures) The applicant
for a Class C license must have been registered with the City for not less than 2 years
and within the previous 2 years must have obtained building permits from the City for
the type of work approved by the license
Language has been included t hat will allow a currently registered contractor who does not
have a desire to obtain a Class A, B or C license may continue to perform Class D work under
their current registration until time for renewal, at which time the City Clerk’s office will
automatically issue a class D license in lieu of a renewed registration.
The shift from registration to licensing also necessitated revision of the Plumbing Code in the section
of the code that considers self-certification of so me contractors for residential sewer installations.
Consequently, a second ordinanc e related to amendments to the Uniform Plumbing Code is
attached for your consideration.
Due to the complexity of the reorganizational changes, staff attempted to detail the changes in the
blue sheet in lieu of providing a highlight revision of the article.
RECOMMENDATION:
Staff and the Building Advisory Board would recommend the following:
A. Approve Ordinance No. 06-10322 amending Section 8-73 of the Salina Code by
providing for a local amendment of Section 102.1 of the Uniform Plumbing Code.
B. Approve Ordinance No. 06-1032 3 amending Article III of Chapter 8 of the Salina Code
pertaining to Building Contractor and Skilled Contracting Licenses.
(Published in the Salina Journal on April ___, 2006)
ORDINANCE NUMBER 06-10322
AN ORDINANCE PROVIDING FOR AN AMENDMENT TO CHAPTER 8,
ARTICLE I OF THE SALINA CODE PROV IDING FOR A LOCAL AMENDMENT TO
SECTION 102.1 OF THE UNIFORM PLUMBING CODE AND REPEALING EXISTING
SECTION 8-73.
BE IT ORDAINED
by the Governing Body of Salina, Kansas:
Section 1.
That Section 8-73 of the Salina Code is hereby amended to read as follows:
Sec. 8-73. Amendment of Section 102.1of the Uniform Plumbing Code.
“
[Section 102.1 of the Uniform Plumbing Code is hereby amended to read as follows:]
102.1 Authority Having Jurisdiction. The Authority Having Jurisdiction shall be the City of
Salina and the Building Official.
102.2.1 The Administrative Authority may appoint such assistants, deputies, inspectors, or
other employees as are necessary to carry out the functions of the department and this Code.
102.2.1.1Residential Sewer Self-Certification. The Building Official may approve by
affidavit certifying code compliance submitted by an “Approved Contractor”, rather than by
inspection approval of private sewer installations for single family and single family-
attached dwellings.
102.2.1.1.1 Affidavit shall be made by completion of a form approved by the Administrative
Authority. Falsification of information submitte d on the form shall be a violation of this
code and shall be punishable as such.
102.2.1.1.2 An “Approved Contractor” is a contractor
(a) Who is properly licensed with the City as a utility contractor meeting the
requirements of Section 8-177(7)of this Code or as a plumbing contractor; and
(b) Who employs a “Competent Person” as defined by Occupational Health and Safety
Administration regulations. Said “Compe tent Person” shall have completed a
minimum of 4 hours of training in trench safety sponsored by the City or other
group or agency approved by the City.
“Approved Contractor” self-certification status shall be granted upon submission and
approval of an application for such status.
102.2.1.1.3 Quality control of the work performed by self-certifying contractors shall be
assured by random inspections conducted by the Administrative Authority.
102.2.1.1.4 Suspension and Revocation
(a) Approved Contractor status may be su spended or revoked for cause by the City
Manager. Acts that may be deemed as sufficient cause for revocation or suspension
of “Approved” status include but are not limited to the following:
(1) Misrepresentation of a material fact in submission of application.
(2) Falsification of information on the affidavit form.
(3) Fraudulent use of a person or firm's license.
(4) A willful violation or repeated violations of the technical codes and other
related city ordinances, or failure to comply with any lawful order of the
building official.
(5) Negligence in providing reasonable sa fety measures for the protection of
workers and the public.
(6) Changes in staff that result in the loss of a qualified person necessary for any
requirement for license, registration or “Approved Contractor” status.
(b) The building official shall notify the “A pproved Contractor” in writing at any time
the “Approved Contractor” is under consideration for 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 to wh ich the “Approved Contractor” may appear
and be heard. The city manager shall provide, in writing, his decision regarding the
status of the “Approved Contractor”.
(c) Appeal. Any suspension or revocati on of the “Approved Contractor” may be
appealed to the board of city commissione rs by filing a notice of appeal with the
city clerk's office. The appeal shall be h eard by the board of city commissioners at
their next regularly scheduled meeting. Any decision of th e board of city
commissioners shall be subject to appeal pursuant to applicable state law.”
Section 2.
That the existing Section 8-73 of the Salina Code is hereby repealed.
Section 3.
That this ordinance shall be in full fo rce and effect from and after its adoption
and publication once in the official city newspaper.
Introduced: April 17, 2006
Passed:
________, Mayor
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, City Clerk
(Published in the Salina Journal on April ___, 2006)
ORDINANCE NUMBER 06-10323
AN ORDINANCE PROVIDING FOR AN AMENDMENT TO CHAPTER 8,
ARTICLE III OF THE SALINA CODE PERT AINING TO BUILDI NG CONTRACTOR
AND SKILLED TRADE CONTRACTOR LI CENSING AND REPEALING EXISTING
SECTIONS.
BE IT ORDAINED
by the Governing Body of Salina, Kansas:
Section 1.
That Article III of Chapter 8 of the Salina 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.
Qualified Individual. An individual who meets either the test or education-based qualifications set
forth in Section 8-174 below.
Provisionally Qualified Individual. An individual who meets the experience-based qualifications
set forth in Section 8-176 below.
Electrical work. Includes the installation, replacement, repair or alteration of disconnect, service or
control equipment or of permanent premises electri cal wiring, lighting, fixt ures and/or utilization
equipment or devices not otherwise connect ed 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, replace ment, repair or alteration of any
ventilation or exhaust system, chilled water system s, 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 ga s systems, plumbing fi xtures and appliances.
Plumbing work shall not include th e clearing of stoppages 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 so lid-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 erect, construct, enlarge, alter, repair, move, improve, remove,
convert or demolish any building, structure, fe nce, retaining wall, irrigation system, sign, or
driveway or other concrete flatwork in the city, or to cause the same to be done,or to obtain any
building permits required for any such work on behalf of a property owner, unless such person has
been licensed by the City of Salina as a building contractor to perform such work;
Sec. 8-173. Qualifications for building contractor license.
A licensed building contractor shall be either a qualified individual for the classification of building
contractor for which licensing is sought or a busine ss entity having an owner, officer, director, or
employee in its full time employment at all times who is a designated qua lified individual for the
classification of building contractor for which licensing is sought.The qualified individual shall be
the legal representative for the business entity relative to the provisions of this Article. The
designated qualified individual shall satisfy the requirements of this Article. A designated qualified
individual shall not be a qualified individual for more than one business entity. When the designated
qualified individual terminates em ployment or association with the licensee, the licensed building
contractor shall immediately notif y the city clerk in writing of the disassociation and another
qualified individual must be designated within thirty days. No further permits or inspections shall be
granted until a new qualifying individual has been designated. If a qualified individual is not
designated within thirty days, work on all previously issued permits must be suspended.
Sec. 8-174. Qualified individual requirements.
An individual may qualify as a qualified individual by one of the following means:
(a)Obtain the appropriate certificate of competence for the class of license being sought with a
minimum score of 75% from a nationally-recogni zed testing institution as contemplated by
K.S.A. 12-1556 (building and residential contractors), or the equivalent tests as administered
by the International Code Council; or
(b)Hold a bachelor’s degree in engineering, architecture, construction management or
construction science from an accredited college or university.
Sec. 8-175. Building contractor license classifications
Building Contractor licenses shall be classified as follows:
(a)Class A license. Contractor's license, class A, shall entitle the holder thereof to contract for
and to perform any act as a contractor and to obtain any required building permits, for the
erection, addition to, remodeling, repair and wrecking of any structure or addition thereto.
(b)Class B license. Contractor's license, class B, shall entitle the holder thereof to contract for
and to perform any act as a contractor, and to obtain any required building permits limited to
the erection, addition to, rem odeling and wrecking of commerci al buildings and single or
multiple dwelling residential buildings, not exceeding three stories in height, and
nonstructural remodels to commercial buildings exceeding three stories in height.
(c)Class C license. Contractor's license, class C, shall entitle the holder thereof to contract for
and to perform any act as a contractor, and to obtain any required building permits, limited
to construction, remodeling, repair or wrecking of one- and two-family residences as
governed by the International Residential Code, and buildings accessory thereto.
(d)Class D license. Contractor's license, class D, shall entitle the holder thereof to contract for
and to perform any act as a contractor, limited to constr uction, remodeling, repair or
maintenance work of buildings or structures accessory thereto for which no building permit
is required such as, but not limited to roofing, siding and/or guttering, window and/or door
replacement, insulating, drywalling, millwor k installation, painting and/or wall covering,
floor covering, concrete work, or for work that requires a demo lition, moving, swimming
pool or sign permit.
Sec. 8-176. Provisional building contractor license.
In recognition of the experience–b ased qualifications of currently registered building contractors,
until October 1, 2006, any individual or any business entity having an owner, officer, director, or
employee in its full time employment at all times designated as its provisionally qualified individual
may obtain a provisional building contractor’s license if all of the requirements outlined below are
met. The provisional building contractor license holder 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. The requ irements for issuance of a provisional building
contractor license are:
(a)At the time of the license application, the app licant, if an individual, or the provisionally
qualified individual, if a busin ess entity, is working in th e construction industry for the
license Class requested; and
(b)The applicant for a Class A license shall have been registered with the City of Salina for not
less than 5 years and within the previous 3 y ears must have obtained building permits from
the City of Salina for the type of work approved by the license.
(c)The applicant for a Class B license shall have been registered with the City of Salina for not
less than 3 years and within the previous 3 y ears must have obtained building permits from
the City of Salina for the type of work approved by the license;
(d)The applicant for a Class C license shall have been registered with the City of Salina for not
less than 2 years and within the previous 2 y ears must have obtained building permits from
the City of Salina for the type of work approved by the license;
(e)The applicant provides evidence of insurance coverage as required by this article; and
(f)All application and license fees are paid.
In lieu of the requirements set forth in (b.)-(d.) above, the applicant may submit evidence to the
Building Official which demonstrates equivalent full-time experience in planning, supervising, and
undertaking the type of construc tion for the classification for wh ich licensure is being sought.
Denials of license approval by the Building Offici al may be appealed to the Building Advisory
Board.
Each applicant for a provisional license shall desi gnate its provisionally qualified individual. The
provisionally qualified individual sh all not be required to meet the certification requirements of this
division. A provisional build ing contractor’s license shall be allowed to be renewed indefinitely so
long as the originally designate d provisionally qualified individual remains the same and all other
requirements for renewal are satisfied. A change in the designated provisionally qualified individual
shall result in the revocation of a provisional li cense. When the provisionally qualified individual
terminates employment or association with the licensee, the city clerk shall be immediately notified
in writing of the disassociation and the licensee sha ll have thirty days from the termination date to
apply for and obtain a non-provisional building cont ractor’s license. No further permits or
inspections shall be granted until a new license ha s been issued. If a new license is not obtained
within thirty days, work on all previously issued permits shall be suspended.
Sec. 8-177. Exemptions from building contractor licensing.
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 on a single-f amily 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 the exclusive dwelling of the owner, including
the usual accessory buildings thereto when the owner personally purchases and installs all
material used in the constructi on, and adheres to all other porti ons of this chapter. This
exemption shall not apply if any owner of the dwelling has been issued a building permit
under this exemption for a different address within the preceding 12 months.
(2)A property owner or property owner’s design ated 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.
(3)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.
Owner’s exemption for obtaining permits for work to be performed by a general contractor
(4)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 designa ted 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 building
contractor is designated by the owner or the owner’s agent.
Exemptions from Building Contractor’s License requirement
(5)Worked performed by a property owner licensed as a Cl ass D building contractor as
described in this Article acting as his own building contractor on the owner’s property when:
a. the work requires a permit for minor interi or non-structural alterations or repairs
and, in the determination of the Building Official, submittal of plans by a licensed
Architect and/or Engineer is not required; or
b. the work consists of demolition of struct ures that are governed by the International
Residential Code.
(6)Work performed by a contractor who was registered with the City of Salina prior to April
10, 2006 and the work is performed prior to expiration of said registration and is compliant
with the provisions of the Class D Building C ontractor License Classifications contained
herein.
(7)Work performed on any property owned by the State of Kansas or the federal government.
(8)Work performed by a skilled licensed contractor when perf orming any work within the
scope of their license as defined in this Article.
(9)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.
DIVISION 3. Skilled Trade Contractor License Required.
Sec. 8-178. Skilled trade contracting license required.
It shall be unlawful for any person to perform solid-fuel appliance instal lations, electrical work,
plumbing work or HVAC mechanical work, or cause the same to be done, or to obtain any permits
required for any such work on behalf of a property owner, unless such person has been licensed by
the City of Salina as a skilled trade contractor for the type of work being done.
Sec. 8-179. Qualifications for skilled trade contractor license.
A licensed electrical, plumbing or mechanical contractor shall be either an individual certified as a
master by the City of Salina in the trade for which licensing is sought or a business entity having an
owner, officer, director or employee in its full-time employment at all times who is a designated
master certified by the City of Salina in the tr ade for which licensing is sought. A licensed solid-
fuel appliance installation contractor shall be an installer licensed by the City of Salina as a solid-
fuel appliance installer or have in their full-time employment at all times an installer licensed by the
City of Salina as a solid-fuel ap pliance installer. The designated master or installer shall be the
legal representative for the business entity relative to the provisions of this Article. The designated
master or installer shall satisfy the requirements of this Article. A designated master or installer
shall not be a master or installer for more than one business entity. When the designated master or
installer terminates employment or association with the licensee, the licensed skilled trade
contractor shall immediately notif y the city clerk in writing of the disassociation and another
designated master or installer mu st be designated within thirty days. No further permits or
inspections shall be granted until a new designated master or installer has been designated. If a
designated master or installer is not designated within thirty days, work on all previously issued
permits must be suspended.
Sec. 8-180. Trade license required.
It is shall be unlawful for any individual to engage in the trad e or otherwise perform plumbing
work, electrical work or HVAC mechanical work as defined in section 8-171 within or on any
building or premises within the city without first having secured a master, journeyman or apprentice
license for the trade at which they are laboring and being in the employment of a licensed skilled
trade contractor. It shall further be unlawful for any individual to engage in the trade or otherwise
perform any installations of solid-fuel appliances without first having secured a solid-fuel installers
license or apprentice license.
Sec. 8-181. Classification of trade licenses.
Trade licenses shall be classified as follows:
Master. A master shall provide written certification of passage of the standard trade exam for
Master as prescribed by the State of Kansas with a minimum score of 75%.
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%.
Solid-fuel appliance installer. A solid-fuel appliance installer sh all provide written certification of
passage of the Woodburning Specialist and the Pelle t 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 livel ihood as a solid-fuel applia nce 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 w ith 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 a nd direction of a licensed jour neyman 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) appr entices 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 pe rson who has had his license revoked for cause
shall be allowed to work as an apprentice.
Sec. 8-182. Qualifications for examination.
Application for examination for skilled trade li censing 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 th e master plumbing or mechanical
examination must certify a minimu m 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 cl assroom 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 a pplicant for the journeyman
plumbing or mechanical examination must cer tify a minimum of two (2) years of field
experience in the trade for which they seek licensure, doing th e type of work they will be
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. 8-183. 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. 8-184. 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 maintenance 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 ow ner, 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 been issued a building permit 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.
(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 entity 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 Asso ciates, Experior 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. General License Requirements
Sec. 8-185. Application for licensing.
An applicant for license shall complete and submit an application form available from the city
clerk's office. The information to be provided includes the following:
(1)The complete name, mailing address, street address, and telephone number of the applicant.
(2)The complete name and certification number of the applicable qualified individual,
provisionally qualified individual, designated master, or solid-fuel appliance installer.
(3)Disclosure by the applicant of any current or pr evious contractor license held in Kansas or
any other state and any disciplinary actions take n against such contractor-applicant. If the
contractor-applicantis employed by or a principal of a bus iness entity, the application shall
disclose whether the business en tity or the business entity’s employees or principals have
had any contractor-related disciplinary action taken against them in Kansas or any other
state. No license shall be issued to a ny contractor-applicant who has had a license
suspended or revoked for disciplinary reasons, or who has surrendered a license during any
disciplinary proceeding or investigation, within the immediately preceding five years. Any
contractor-applicant denied a license under the provisions of this sect ion may appeal such
denial to the Building Advisory Board.
(4)Other pertinent information deemed necessary by the building official.
The application shall be accompanied by proof that the applicant is currently insured to meet the
requirements of Section 8-178.
Sec. 8-186. Application for examination.
Application for examination for skilled trade licensing shall be made to the Building Services
Department.
Sec. 8-187. Insurance requirements for contractor licensing.
Each licensee shall procure and maintain in full force, for the duration of the license, public liability
insurance, with limits of not less than the maximum liability for claims which could be asserted
against the City of Salina, for a ny number of claims arising out of a single occurrence or accident
under the Kansas Tort Claims Act, as amended. Each licensee shall also procure and maintain in
full force, for the duration of the license, Work man's Compensation Insurance as required by the
State of Kansas. Proof of coverage for all required insurance policies shall be on file with the City
of Salina at all times. Each insurance policy shall c ontain a clause to the effect that the policy shall
not at any time during the license period be cancel ed or reduced, restricted or limited, unless the
City of Salina license period be canceled or reduced, restricted or limited, unless the city clerk's
office is given ten (10) days written notice.
Sec. 8-188. Fee.
The license fees and renewal fees sh all be paid to the city clerk. All fees shall be as prescribed in
section 2-2.
Sec. 8-189. Expiration, renewal and continuing education requirements.
Unless renewed, each license shall expire on the 31st day of December of the third year regardless
of when the license was issued. Effective July 1, 2006, applicants for renewal of journeyman or
master skilled trade licenses for plumbing, electri cal or mechanical must verify completion of a
minimum number of continuing education hours approved by the Building Official, as follows:
(a) 6 hours for renewal of a license prior to December 31, 2006
(b) 12 hours for renewal of a license prior to December 31, 2007
(c) 18 hours for a renewal of a license thereafter
Sec. 8-190. Suspension of license.
The city clerk may suspend any license for the following reasons;
(1)Failure to remit any required license fees;
(2)Failure to provide annual insurance certification.
(3)Failure to maintain any required insurance.
(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 of the person liable for the fee shall be suspended until such time as
the fee is paid.
(5)The city clerk may suspend a Plumbing, Mechanic al or Electrical c ontractor license for
failure to maintain a designated master, or a Solid-Fuel Appliance In stallation contractor
license for failure to maintain a licensed solid-fuel appliance installer, or a Building
contractor license for failure to maintain a qualified party.
Sec. 8-191. Deadline for renewal of license.
No renewal license will be issued to any licensee after January thirty-first. Renewal requests
received after that date will be handled as an initial application.
Sec. 8-192. License not transferable.
No licensee shall allow his/her li cense, by name or other identification, to be transferred, assigned,
or used in any manner directly or indirectly, or for any purpose, by any person other than the
licensee.
Sec. 8-193. 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 business entity shall advertise in media outlets that
are marketed to include Salina consumers for se rvices for which the person or business is not
licensed as required by the City of Salina to perf orm 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. 8-194. License to be displayed.
Each contractor licensee must conspicuously post or display the license in the public reception area
of the licensee’s place of busin ess. Any person performing work for which a trade license is
required shall have their license readily available at all times that work is being performed.
Sec. 8-195. Contractor discipline.
(1)Any license provided for in this article may be designated as unde r 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 may include but are not limited to the following:
(a)Misrepresentation of a material fact in obtaining a license.
(b)Fraudulent use of a person or business entity's license.
(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.
(d)Negligence in providing reasonable safety measures for the protection of workers and
the public.
(e)Bad faith or unreasonable delay in the performance of work.
(2)Each licensee shall be held responsible fo r the violation of these and other related
regulations by the licensee by persons or subcontractors employed by the licensee. The
building official shall notif y the licensee in writing at any time the licensee is under
consideration for probation, suspension or revo cation. A date, no less than ten (10) days
after notification is mailed, will be establishe d for a hearing before the city manager to
which the licensee may appear and be heard. The city manager shall provide, in writing, his
decision regarding the status of the licensee.
(3)Appeal. Any probation, suspension or revocation of a license may be appealed to the board
of city commissioners by filing a notice of appeal with the c ity clerk's office. The appeal
shall be heard by the board of city commissioners at their next regularly scheduled meeting.
Any decision of the board of city commissioners shall be s ubject to appeal pursuant to
applicable state law.”
Section 2.
That the existing Article III of Chapter 8 of the Salina Code is hereby repealed.
Section 3.
That this ordinance shall be in full fo rce and effect from and after its adoption
and publication once in the official city newspaper.
Introduced:
Passed:
Deborah Divine, Mayor
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, City Clerk