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05-10257 Contracting Trade Lic1 1 1 (Published in the Salina Journal on March 11, 2005) ORDINANCE NUMBER 05-10257 AN ORDINANCE PROVIDING FOR AN AMENDMENT TO CHAPTER 8, ARTICLE III, SECTIONS 8-174 THROUGH 8-177 OF THE SALINA CODE PERTAINING TO CONTRACTING AND TRADE LICENSES AND REPEALING EXISTING SECTIONS 8-174 THROUGH 8-177. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Section 8-174 of Chapter 8, Article III of the Salina City Code is hereby amended to read as follows: "Sec. 8-174. Contracting License required. It shall be unlawful for any person or business to perform solid -fuel appliance installations, electrical work, plumbing work or HVAC mechanical work or cause the same to be done unless such persons possess or are employed by a business that possesses a valid solid -fuel appliance installation, electrical, plumbing and/or mechanical contracting license issued by the City Clerk for the type of work being done. For the purposes of this article the following definitions shall apply: (1) Electrical work shall include 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. (2) Plumbing work shall include 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. (3) HVAC mechanical work shall include 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 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 shall not include 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. (4) Solid -fuel appliance installations shall mean 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. A licensed electrical, plumbing or mechanical contractor shall be a master certified by the City in the trade for which licensing is sought or have in their full-time employ at all times a designated master certified by the City in the trade for which licensing is sought. For the purpose of this section, the master shall act as the designated master for only one contractors license in the trade for which they hold such certification. A licensed solid -fuel appliance installation contractor shall be an installer licensed by the city as a solid -fuel appliance installer or have in their full- _1 1 time employ at all times an installer licensed by the city as a solid -fuel appliance installer." Section 2. That Section 8-175 of Chapter 8, Article III of the Salina City Code is hereby amended to read as follows: "Sec. 8-175. Trade license required. It is shall be unlawful for any person to engage in the trade or otherwise perform plumbing work, electrical work or HVAC mechanical work as defined in section 8- 174 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 employ of a licensed contractor. It shall further be unlawful for any person 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." Section 3. That Section 8-176 of Chapter 8, Article III of the Salina Code is hereby amended to read as follows: "Sec. 8-176. Classification of trade licenses (1) 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%. (2) 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%. (3) Solid fuel appliance installer. A solid -fuel appliance installer shall provide written certification of passage of the Woodburning Specialist and the Pellet 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. (4) Apprentice. Any person earning his livelihood as a solid -fuel appliance 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 with 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 work except when under the immediate supervision and direction of a licensed journeyman, master or solid -fuel appliance installer properly licensed by the city. No person who has had his license revoked for cause, shall be allowed to work as an apprentice." Section 4. That Section 8-177 of Chapter 8, Article III of the Salina Code is hereby amended to read as follows: "Sec. 8-177. Exemptions from contracting or trade licensing. (1) Any person working in or upon any building or premises owned and occupied by an agency of the state or federal government; (2) Any person operating as a public utility under franchise with the city, supplying power, communications or services may supply and maintain any measuring equipment installed by them, together with their overhead lines, so long as they remain the property of the utility company supplying the service; (3) Any person employed by the water and sewerage department shall be exempt from the provisions of this section when performing labor on property owned and maintained by the city; (4) A bona fide owner of a single-family dwelling being used exclusively as the owner's dwelling, including the usual accessory buildings, provided that said owner personally purchases and installs all material used in the construction, and 1 1 C-,aa,dSa, a further provided all other portions of this chapter are adhered to. The same shall apply to a new dwelling. When a permit is issued to an owner under this exemption, the exemption shall not be granted to the owner for any other address for a period of 1 year from the date the permit was issued. (5) 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. (6) Any person who has a currently valid mobile home craftsman license issued by the city while performing repairs or replacements to the systems located within a mobile home under the provisions of article IV of chapter 22; (7) Persons or firms who are installing private sewer mains or private water mains and who have a supervising employee on the job site at all times that has passed the Underground Utilities 331 test as given by Block and Associates/Experior shall be licensed as a Utility Contractor. The building code advisory and appeals board may also approve alternate tests. Minimum requirements for insurance will be the same as for a plumbing contractor. (8) Any person who has currently been operating a business in the city of Salina for the calendar years of 2001, 2002, 2003 and 2004 that specializes in the installation of solid -fuel appliances or masonry fireplaces but who is not or does not employ a certified solid -fuel appliance installer, may apply for a temporary license to become a solid -fuel appliance installation contractor, but shall have until March 1, 2006 to become or to employ a licensed solid -fuel appliance installer. Application for such temporary license must be made before June 1, 2005." Section 5. That existing Sections 8-174 through 8-177 are hereby repealed. Section 6. That this ordinance shall be in full effect from and after its adoption and publication once in the official city newspaper. [SEAL] ATTEST: &&4"— Lieu Arm Elsey, CMC�CiCleirk Introduced: February 14, 2005 4ss �/LL�� ed: March 7, 2005 Monte Shadwick, Mayor