06-10322 UPC Local Amendment1
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(Published in the Salina Journal on May a5, 2007)
ORDINANCE NUMBER 06-10322
AN ORDINANCE PROVIDING FOR AN AMENDMENT TO CHAPTER 8,
ARTICLE I OF THE SALINA CODE PROVIDING 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 102.1 of 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.
102.2.1.1 Residential 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 submitted 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 "Competent 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 suspended 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 safety 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.
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(b) The building official shall notify the "Approved 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 which 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 revocation of the "Approved Contractor" may be
appealed to the board of city commissioners by filing a notice of appeal with the
city 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 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 force and effect from and after its adoption
and publication once in the official city newspaper.
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, Ci Clerk
Introduced: May 14, 2007
Passed: May 21, 2007
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