05-10257 Contracting Trade Lic1
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(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-
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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
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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:
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Lieu Arm Elsey, CMC�CiCleirk
Introduced: February 14, 2005
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ed: March 7, 2005
Monte Shadwick, Mayor