08-10469 Building & Skilled Trade Contractor Licensing1
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(Published in the Salina Journal on Octobe�___�_, 2008)
ORDINANCE NUMBER 08-10469
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE III, DIVISIONS 1, 2 AND 49
SECTIONS 8-171, 8-172, 8-175, 8-191 AND 8-192 OF THE SALINA CODE PERTAINING
TO BUILDING CONTRACTOR AND SKILLED TRADE CONTRACTOR LICENSING
AND REPEALING EXISTING SECTIONS 8-171,8-172,8-175,8-191 AND 8-192.
BE IT ORDAINED by the Governing Body of the city of Salina, Kansas:
Section 1. That Sections 8-171, 8-172,. 8-175, 8-191 and 8-192 of Chapter 8, Article III,
Divisions 1, 2, and 4 of the Salina Code is hereby amended and reads 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.
Provisionally Licensed Building Contractor. A person to whom a provisional 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
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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 include
masonry fireplaces as well as factory built appliances.
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 or provisional -building contractor
license listed in Chart I — Column C, subject to the exemptions set forth in
Section 8-183;
(2) Is an individual working as an employee of a licensed building contractor or a
provisionally licensed building contractor; or
(3) Is a registered craftsman (including the employees of the registered craftsman)
working under a subcontract between the registered craftsman and a licensed
building contractor or a provisionally licensed building contractor.
Sec. 8-175. Continuing education requirements for certain qualified individuals.
Continuing education requirements shall be classified as follows:
A qualified individual for Class A, B and C general contractor and Class D
contractor/owner licenses shall be required to complete eighteen (18) hours of
continuing education courses related to the building trades within the licensing
period prior to renewal . The building official shall promulgate the regulations
necessary to administer compliance with this continuing education requirement.
Sec. 8-191. Exemptions from skilled trade contracting and trade licensing
Exemptions from skilled trade contracting and trade licensing shall be classified as follows:
The following work shall be exempt from the skilled trade contracting or trade
licensing requirements:
The on-site assembly of appliances or pieces of equipment regulated by the
plumbing, mechanical, or electrical codes when such assembly is performed
by authorized representatives of the manufacturer of such appliances or
pieces of equipment as demonstrated to the satisfaction of the Building
Official.
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Sec. 8-192. Registration required.
Registration requirements shall be classified as follows:
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
(9) structural concrete
(10) wood or metal framing or erection
(11) roofing
(12) masonry
(13) fire sprinklers
(14) fire alarms and fire alarm communication systems
(15) demolition
(16) signs
(17) concrete work in the city right-of-way
(18) swimming pools
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
craftsman 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."
Section 2. That the exiting Sections 8-171, 8-172, 8-175, 8-191 and 8-192 are 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:
"Elsey,y Clerk
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Introduced: October 20, 2008
Passed: October 27, 2008
Jo K. Vanier II, Mayor