8.1 Bldg Board Restructure CITY OF SALINA
REQUEST FOR COMMI SS I ON ACT ION DATE TIME
10/10/1988 4:00 P.M.
AGENDA SECTION: Administration ORIGINATING DEPARTMENT: APPROVED FOR
NO. 8 City Attorney AGENDA:
NO. 1 BY: Greg Bengtson BY: ~'/~/~
First Reading Ordinance Number 88-9281, terminating the Mobile Home
Craftsman Board of Examiners and the Housing Advisory and Appeals Board
and consolidating the functions of the Mobile Home Craftsman Board of
Examiners and the Housing Advisory and Appeals Board under the Building
Codes Advisory and Appeals Board, designating duties of the Building Official
under such consolidation, and amending Sections 8-16, 8-24, 18-41, 18-42,
18-46, 18-47, 22-52, 22-53, 22-54, 22-57, 22-58, 22-59 and 22-63 of the Salina
Code and repealing the existing Sections 8-16, 8-24, 18-41, 18-42, 18-46,
18-47, 22-52, 22-53, 22-54, 22-55, 22-56, 22-57, 22-58, 22-59 and 22-63.
This ordinance consolidates'the function of the Mobile Home Craftsman Board of
Examiners and the Housing Advisory and Appeals Board under the Building
Codes Advisory and Appeals Board.
The fol.lowing is an outline of the changes made by Ordinance Number 88-9282:
Sec. 1 Terminates the existing boards and consolidates those functions
under the Building Codes Advisory and Appeals Board.
Sec. 2 The Housing Advisory and Appeals Board and the Mobile Home
Craftsman Board of Examiners are added to the list of previously
consolidated boards under the Building Codes Advisory and Appeals
Board.
Sec. 3 Eliminates the quarterly meeting requirement for the Building Codes
Advisory and Appeals Board.
Sec. 4 Changes reference under the minimum housing code appeals provision
from the Housing Advisory and Appeals Board to the Building Codes
Advisory and Appeals Board.
Sec. 5 Changes reference in the appeals procedure under the minimum
housing code from the Housing Advisory and Appeals Board to the
Building Codes Advisory and Appeals Board.
COMM I SS I ON ACTI ON
MOTION BY SECOND BY
TO:
CITY OF SALINA
REQU ES T FOR COMM I S S I ON ACT I ON DATE T I ME
4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. AGENDA:
ITEM
NO.
BY: BY:
Page 2
Sec. 6 Changes reference in the hearing procedure for appeals under the
minimum housing code from the Housing Advisory and Appeals Board to
the Building Codes Advisory and Appeals Board.
Sec. 7 Previous references to Housing Advisory and Appeals Board now
refer to the Building Codes Advisory and Appeals Board.
Sec. 8 Where applications for examination previously were to be made to the
Mobile Home Craftsman Board of Examiners, they are now to be made to
the Building Official.
Sec. 9 Where applications for a mobile home contractors license were
previously to be made to the Mobile Home Craftsman Board of Examiners,
they are now to be made to the City Clerk and issued with the approval
of the building official.
Sec. 10 Previous references to the Mobile Home Craftsman Board of
Examiners under Section 22-54 (3) now refer to the Building Official.
Sec. 11 Where the code previously provided that the Mobile Home Craftsman
Board of Examiners is responsible for conducting examinations, the
section now states that the Building Official conducts the .examinations.
Sec. 12 Previous reference to the Mobile Home Craftsman Board of Examiners
for purposes of certification to the City Clerk now refers to the Building
Official.
Sec. 13 Previous reference to the Mobile Home Craftsman Board of Examiners
for purposes of revocation of a Mobile Home Craftsman license now refers
to the Building Codes Advisory and Appeals Board.
COMMISSION ACTION
MOTION BY SECOND BY
TO:
CITY OF SALINA
REQUEST FOR COMMI SS ION ACTION DATE TIME
4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. AGENDA:
ITEM
NO.
BY: BY:
Page 3
Sec. 14 Previous reference to the Mobile Home Craftsman Board of Examiners
for purposes of decisions on doubtful qualifications of a nonresident
licensee now refers to the Building Official.
Sec. 15 Lists the repealed or amended sections.
Sec. 16 The effective date.
Recommended action
Introduce Ordinance 88-928~ for first reading.
This ordinance is scheduled for second, reading on October 17, 1988.
COMMISSION ACTION
MOTION BY SECOND BY
TO:
./
(Published in The Salina Journal October , 1988)
ORDINANCE NUMBER 88-9281
AN ORDINANCE TERMINATING THE MOBILE HOME CRAFTSMAN
BOARD OF EXAMINERS AND THE HOUSING ADVISORY AND APPEALS BOARD
AND CONSOLIDATING THE FUNCTIONS OF THE MOBILE HOME CRAFTSMAN
BOARD OF EXAMINERS AND THE HOUSING ADVISORY AND APPEALS BOARD
UNDER THE BUILDING CODES ADVISORY AND APPEALS BOARD, DESIGNATING
DUTIES OF THE BUILDING OFFICIAL UNDER SUCH CONSOLIDATION, AND
AMENDING SECTIONS 8-16, 8-24, 18-41, 18-42, 18-46, 18-47, 22-52, 22-5:3,
22-54, 22-57, 22-58, 22-59 and 22-63 OF THE SALINA CODE AND REPEALING
THE EXISTING SECTIONS 8-16, 8-24, 18-41, 18-42, 18-46, 18-47, 22-52, 22-53,
22-54, 22-55, 22-56, 22-57, 22-58, 22-59 AND 22-63.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That the Mobile Home Craftsman Board of Examiners and
the Housing Advisory and Appeals Board are hereby terminated and the
functions of those boards are consolidated under the Building Codes Advisory
and Appeals Board.
Section 2. That Section 8-16 of the Salina Code is hereby amended to
read as follows:
"Section 8-16. Created.
There is hereby created the Building Codes Advisory
and Appeals Board (hereinafter referred to as "the board")
for the purpose of consolidating' the functions previously
performed by .the building code advisory board, board of
building code appeals, electrical code panel, electrical board
of examiners, board of plumbin9 examiners, board of
plumbing appeals, housing advisory and appeals board, and
mobile home craftsman board of examiners."
Section 3. That Section 8-24 of the Salina Code is hereby amended to
read as follows:
"Section 8-24. Meetincjs.
The Board shall determine its own meeting schedule.
Special meetings of the board may be called at the discretion
of the chairman or the vice-chairman in the event the
chairman is unavailable to consider the request for a special
meeting."
Section 4. That Section 18-41 of the Salina Code is hereby amended to
read as follows:
"Section 18-41. Buildincj codes advisory and appeals board.
(a) The building codes advisory and appeals board
(referred to in this chapter as "the board") shall serve to
provide for final interpretation of the provisions of this
chapter and to hear appeals provided for hereunder. The
board may adopt reasonable rules and regulations for
conducting its business and shall render all decisions and
findings in writing to the appellant with a copy to the
building official. Appeals to the board regarding matters
addressed by this chapter shall be processed in accordance
with the provisions contained in section 18-42 et seq.
Copies of all rules or regulations adopted by the board shall
be delivered to the building official who shall make them
freely accessible to the public.
(b) The board shall have the power to hear and decide
appeals where it is alleged that there is error in any order,
requirement, decision or determination made by the building
official in the enforcement of this chapter. The board, may
also when it deems the same appropriate, grant variances,
waivers or exceptions to any portion, standard or
requirement of this chapter providing that such variance,
waiver or exception is not contrary to the purpose of this
chapter as stated in section 18-3."
Section 5. That Section 18-42 of the Salina Code is hereby amended to
read as follows:
"Section 18-42. Procedure.
(a) Ri~lht of appeal. Any person, officer of the city
or of any governmental agency or body aggrieved by any
decision, notice or order of the officer administering the
provisions of this chapter may appeal such decision to the
board.
(b) Form of appeal. Any person entitled to appeal the
decision, notice or order of the building official may appeal
the same by filing at the office of the building official within
ten (10) days from the date of the service of such decision,
notice or ,order upon them, a written appeal containing the
following:
(1) A heading in the words: "Before the
Building Codes Advisory and Appeals Board
of the City of Salina, Kansas;"
(2) A caption reading: "Appeal of ,"
- giving the names of all appellants
participating in the appeal;
(3) A brief statement setting forth the legal
interest of each of the appellants in the
building or the land involved in the notice
and order;
(4) A brief statement in ordinary and concise
language of that specific order or action
protested, together with any material facts
claimed to support the contentions of the
appellant;
(5) A brief statement in ordinary and concise
language of the relief sought and the reasons
why it is claimed the protested order of
action should be reversed, modified, or
otherwise set aside;
(6) The signature of all the parties named as
appellants, and their official mailing
addresses;
(7) The verification of the appellants as to the
truth of the matters stated in the appeal.
(c) Schedulincj and noticing appeal for hearinc, I.
Within ten '("10)days after rece,~ving the written appeal the
board shall fix a date, time and place for the hearing of the I
appeal by the board. Such date shall be not less than ten
(10) days nor more than sixty (60) days from the date the
appeal was filed with the building official. Written notice of
the time and place of the hearing shall be given at least ten
(10) days prior to the d~te of the hearing to each appellant
by the secretary of the board either by causing a copy of
· ' such notice to be delivered to the appellant personally or
sent by certified mail, postage prepaid, return receipt
requested, at the address shown on the appeal."
Section 6. That Section 18-46 of the Salina Code is hereby amended to
read as follows:
"Section 18-46. Procedure for conduct of hearin~ appeals.
(a) General:
(1) Record. A record of the entire prc~ge;dings
s-~'~l~--~e made by tape recording or by any
other means of permanent recording
determined to be appropriate by the board.
(2) Reportinc, I. The proceedings at the hearing
shall be reported by a stenographic reporter
if requested by any party thereto. A
transcript shall be made available to all
parties upon request and upon payment of a
fee equal tot he cost involved in making the
transcript.
(3)Continuances. The board may grant
continuances for good cause shown.
(4) Oaths, certification. In any proceedings
under this chapter, the board has the power
to administer oaths and affirmations and to
certify to official acts.
(5) Reasonable dispatch. The board shall
proceed with reasonable dispatch to conclude
any matter before it. Due regard shall be
shown 'for the convenience and necessity of
any parties or their representatives.
(b) Form of notice of hearincj. The notice to appellant
shall be substantially in the following form, but may include
other information:
"You are hereby notified that a hearing will be held i'
before the Building Codes Advisory and Appeals Board
at the City Commission Room, City-County Building, 300
West Ash Street, Salina, Kansas, on the day of
, 19__, at o'clockS., upon
the notice and order served upon you. You may be
present at the hearing. You may be, but need not be,
represented by counsel. You may present any relevant
evidence and will be given full opportunity to
cross-examine all witnesses testifying against you. You
may request the issuance of subpoenas to compel the
attendance of witnesses and the production of books,
documents, or other things by filing an affidavit
therefor with the board."
(c) Subpoenas:
(1) Filincj of affidavit. The board may obtain
issuance and service of a subpoena for the
attendance of witnesses or the production of
other evidence at a hearing upon the request
of a member of the board or upon written
demand of any party. The issuance and
service of such subpoena shall be obtained
upon the filing of an affidavit therefor which
states the names and addresses of the
proposed witnesses; specifies the exact things
sought to be produced and the materiality
thereof in detail to the issues involved; and
states that the witness has the desired things
in their possession or under their control. A
subpoena need not be issued when affidavit is
defective in any particular.
(2) Penalties. Any person who refuses, without
law--'~-J~'J--~xcuse, to attend any hearing, or to
produce material evidence in their possession
or under their control as required by any
subpoena served upon such person as
provided for herein,, shall be guilty of a
misdemeanor.
(d) Conduct of hearin(~:
(1) Rules. Hearing need not be conducted
according to the technical rules relating to
evidence and witnesses.
(2) Oral evidence. Oral evidence shall be taken
only on oath or affirmation.
(3) Hearin~l evidence. Hearsay evidence may be
used only if it would be admissible over
objection in civil actions in courts of
competent jurisdiction in this state.
(4) Admissibility of evidence. Any relevant
evidence shall be admitted if it is the type of
evidence on which responsible persons are
accustomed to rely in the conduct of serious
affairs, regardless of the existence of any
statutory rule or common law which might
make improper the admission of such evidence
over objection in civil actions in courts of
competent jurisdiction in this state.
(5) Exclusion of evidence. Irrelevant and unduly
repetitious evidence shall be excluded.
(6)RiC. lhts of parties. Each party shall have
these rights, among others:
a. To call and examine witnesses on any
matter relevant to the issues of the
hearing;
b. To introduce documentary and physical
evidence;
c. To cross examine opposing witnesses on
any matter relevant to the issues of the
hearing;
d. To impeach any witness regardless of
which party first called the witness to
testi fy;
e. To rebut evidence against him/her;
f. To represent himself/herself or to be
represented by counsel.
(7) Official notice:
a. What ma,/ be noticed. In reaching a
decision, official notice may be taken,
either before or after submission of the
case for decision of any fact which may
be judicially noticed by the courts of
this state or of official records of the
board or departments and ordinances of
the city or rules and regulations of the
board.
b. Parties to be notified. Parties present
at the hearing shall be informed of the
matters noticed, and these matters shall
be noted in the record referred to
therein, or appended thereto.
c. Opportunity to refute. Parties present
at the hearing shall be given a
reasonable opportunity, on request, to
refute the officially noticed matters by
evidence or by written or oral
presentation of authority, the manner of
refutation to be determined by the
board.
d. Inspection of premises. The board may
inspect any building or premises
involved in the appeal during the course
of the hearing, provided that:
1. Notice of such inspection shall be
given to the parties before the
inspection is made;
2. The parties are given an
opportunity to be present during
the inspection; and
3. The board shall state for the record
upon completion of the inspection
the material facts observed and the
conclusion drawn therefrom.
Each party then shall, have a right
to rebut or explain the matters so
stated by the board, the manner of
rebuttal or explanation to be
determined by the board.
(e) Method and form of decision:
(1) Hearin~l before board. No member of the
board who did not hear the evidence or has
not read the entire record of the proceedings
shall note or take part in the decision upon a
contested case heard by the board.
(2) Form of decision. The decision of the board
shall be in writing and shall contain findings
of facts, a determination of the issues
presented, and the requirements to be
complied with by the parties. A copy of the
decision shall be delivered to appellant
personally, or sent to them by certified mail,
postage prepaid, return receipt requested.
(3) Effective date of decision. The effective date
of the decision shall be the date stated
therein."
Section 7. That Section 18-47 of the Salina Code is hereby amended to
read as follows:
"Section 18-47. Appeals from decision of board.
Any person, officer of the city or of any governmental
agency or body aggrieved by the decision of the board may
appeal such decision by filing an action in the district court.
Such action must be filed within thirty (30) days from the
effective date of the decision of the board.'t
Section 8. That Section 22-52 of the Salina Code is hereby amended to
read as follows:
"Section 22-52. Application for craftsman; examination; fees ~lenerall¥; expiration of licenses.
(a) Applications for examination for a master mobile
home craftsman license, a journeyman mobile home craftsman
license, or an apprentice mobile home craftsman license shall
be made to the building official. 'Fhe building official shall
examine the applicant, shall consider applicant's experience,
training and other qualifications, and if found satisfactory,
the building official shall authorize the city clerk to issue
the license for which application was made. The minimum
qualifications shall be the same as are hereinafter set out.
At least one-half of the examination shall be written.
(b) Fees under this section shall be as prescribed in
Section 2-2.
(c) Licenses shall expire on December thirty-first of
each year. Any licensee who fails to renew the same by
January thirty-first may be required to take a new
examination and pay an examination fee before receiving a
new license."
Section 9. That Section 22-53 of the Salina Code is hereby amended to
read as follows:
"Section 22-53. Contractor's application~
Applications for a mobile home contractor's license shall
be made to the City Clerk. The building official shall
examine the applications and, if found satisfactory, shall
authorize the city cl~rk to issue the license for which the
application was made."
Section 10. That Section 22-54 of the Salina Code is hereby 'amended
to read as follows:
"Section 22-54. Craftsman classes established.
There are hereby established the following classes of
mobile home craftsman:
(1) Master mobile home craftsman. A master mobile home
craftsman shall certify at least five (5) years of
practical experience in the field of mobile home repair.
Such experience shall include plumbing, gas, electrical,
mechanical, and structural installation, repair or
alteration to mobile homes. Graduation from an
approved trade school or a combination of training and
experience may qualify an individual to take an
examination for a license.
(2) Journeyman mobile home craftsman. A journeyman
mobile home craftsman is any person earning a
livelihood as a mobile home craftsman, but who has not
acquired the necessary longevity of experience to
qualify as a master mobile home craftsman, but shall
certify at least three (3) years of practical experience
in the field of mobile home repair. Such experience
shall include plumbing, gas, electrical, mechanical and
structural installation, repair or alteration to mobile
homes. Graduation from an approved trade school or a
combination of training and experience may qualify an
individual to take an examination for a license.
(3) Apprentice mobile home craftsman. An apprentice
mobile home craftsman is any person earning a
livelihood as a mobile home craftsman, but who has not
acquired the necessary longevity or experience to
qualify as a journeyman mobile home craftsman. Except
by special written permission and consent issued by the
building official, an apprentice mobile home craftsman
shall not work except under the immediate supervision
and direction and in the presence of a licensed master
mobile home craftsman, properly licensed by the city.
No person who has had their license revoked for cause
shall be allowed to work as an apprentice mobile home
craftsman without the expressed consent of the building
official. A person shall be qualified to take an
examination for a license if in the employ of a master
mobile home craftsman."
Section 11. That Section 22-57 of the Salina Code is hereby amended
to read as follows:
"Section 22-57. Examinations; scope.
It shall be the duty of the building official to conduct
examinations of applicants for mobile home craftsman
licenses. Examinations shall consist of questions, problems
and demonstrations designed to show the extent of the
applicant's knowledge concerning the detailed provisions of
this article and the applicable city codes, the practical
experience in this type of work which the applicant has had
and the degree of proficiency the applicant has attained.
The examination shall be given on the basis of the current
code at the time which the examination is given. At least
one-half of the examination shall be written."
Section 12. That Section 22-58 of the Salina Code is hereby amended
to read as follows:
"Section 22-58. Issuance of license.
fa) After certification by the building official, licenses
may be issued by the city clerk. Upon issuance of a
license, the holder thereof shall be authorized to perform
repairs to mobile homes including, without limitation,
mechanical and structural repairs and to make installations,
alterations and repairs to the electrical, plumbing and gas
systems located within the mobile home and to make the
normal exterior connections of existing mobile home park
systems, if the connection may be made at the mobile home
space.
(b) The holder of this license shall not be authorized
to install or repair any part of the mobile home park
electrical, plumbing or gas systems."
Section 13. That Section 22-59 of the Salina Code is hereby amended
to read as follows:
"Section 22-59. Suspension or revocation of license.
Any mobile home craftsman's license may be suspended
for a definite length of time or revoked outright by the
Building Codes Advisory and Appeals Board for good and
sufficient cause. Such decisions are subject to written
appeal to the board of commissioners and such appeals shall
be filed in writing with the Building Codes Advisory and
Appeals Board within ten (10) days after the decision has
been rendered. Any and all such appeals arising from such
rulings of the Building Codes Advisory and Appeals Board
shall be expedited and completed not later than thirty (30)
days after an appeal has been filed."
Section 14. That Section 22-63 of the Salina Code is hereby amended
to read as follows:
"Section 22-63. Nonresident mobile home craftsman.
'A nonresident mobile home craftsman is a person
holding a valid license for other than the City of Salina.
Such craftsman shall be honored provided that the issuing
city shall have entered into an agreement with the City of
Salina, granting reciprocal privileges to the holders of valid
Salina mobile home craftsman licenses, and further provided
that the issuing city shall conduct examinations to determine
the qualifications of its licensee. Such qualifications shall be
parallel with those of the City of Salina. Any decision as to
doubtful qualifications of a licensee shall be determined by
the building official. Nothing in this section shall exempt
the nonresident mobile home craftsman from obtaining the
proper licenses or permits from the City of Salina."
Section 15. That the existing Sections 8-16, 8-24, 18-41, 18-42,
18-46, 18-47, 22-52, 22-53, 22-54, 22-55, 22-56, 22-57, 22-58, 22-59 and 22-63.
are hereby repealed.
Section 16. That this ordinance shall be in full force and effect, from
and after its adoption and publication once in the official city newspaper.
Introduced: October 10, 1988
· Passed: October 17, 1988
Sydney Soderberg, Mayor
[SEAL]
ATTEST:
Robert K. Biles, City Clerk