00-10005 Register ContractorConsoiiAatMSsina
Published in The Salina Journal November 13 , 2000)
ORDINANCE NUMBER 00-10005
AN ORDINANCE AMENDING CHAPTER 8 OF THE SALINA CODE BY
ADDING ARTICLE XVII, REGARDING REGISTRATION OF
CONTRACTORS/TRADESMAN.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Chapter 8 of the Salina Code is hereby amended by adding Article
XVII regarding registration of contractors/tradesmen to read as follows:
"ARTICLE XVII. CONTRACTORS/TRADESMAN REGISTRATION
Sec. 8-508. Definitions.
The following words and phrases, when used in this article, shall have
the following meanings respectively ascribed to them:
(1) Contractor: a person that plans and supervises the unlimited
construction, alteration, remodeling, addition, improvement or repair of
any building or structure.
(2) Registrant: any contractor or tradesman registered as required by this
article.
(3) Tradesman: a person that plans and supervises the construction,
alteration, remodeling, addition, improvement or repair of any
residential building or structure in an amount not to exceed $25,000.
Sec. 8-509. Registration required.
It shall be unlawful for any person to perform work that requires a
permit and/or erect, construct, enlarge, alter, repair, move, improve,
remove, convert or demolish any building or structure in the city, or cause
the same to be done unless such person has been validly registered with the
city to perform such work. In extending the rights and privileges of
registration, the city makes no statement of the technical competency of the
registrant.
Exemptions:
(a) The owner occupant of a residential dwelling for work performed at
that location whether or not a permit is required.
(b) The property owner or persons who are regularly employed by the
property owner, when work performed at that location does not
require a permit.
Sec. 8-510. Application required.
An applicant for registration shall complete an application form
available from the city clerk's office. The information to be provided
includes the following:
(a) The complete name, mailing address, street address, and telephone
number of the proposed registrant.
(b) Other pertinent information deemed necessary by the building official.
Sec. 8-511. Registration to be displayed.
Each registrant shall conspicuously post or display the registration in
the public reception area of the registrant's place of business.
Sec. 8-512. Expiration, renewal of registration.
Each registration shall expire
regardless of when the registration
within 30 days prior to that date.
Sec. 8-513. Fee.
on the thirty-first day of December
was secured and should be renewed
The registration fees and renewal fees shall be paid to the city clerk.
All fees shall be as prescribed in section 2-2.
Sec. 8-514. Deadline for renewal of registration
No renewal registration certificate will be issued to any registrant
after January thirty-first. Renewal requests received after that date will be
handled as an initial application.
Sec. 8-515. Certificates not transferable; misuse.
(a) No registrant shall allow his/her registration, by name or other
identification, to be transferred, assigned, or used in any manner
directly or indirectly, or for any purpose, by any person other than
the registrant.
(b) No person shall advertise in any manner or use the title or designation
of any registrant regulated herein, unless registered under the
provisions of this article.
Sec. 8-516. Bond required.
(a) Each registrant shall file with the city clerk's office a corporate surety
bond in the principal sum of ten thousand dollars ($10,000.00) to be
approved by the city attorney as to form and surety, conditioned that
the principal therein will save the city free and harmless from all
liability for any injury to persons or property which the principal, its
agents, or employees may cause by reason of engaging in the business
of contracting in the city, and further conditioned for a full
compliance with the provisions of this article and the prosecution of
such business.
(b) All bonds in force at the time of completion of any work shall
continue in force so far as work is concerned, for a period of one year
from the date of completion of the work. A new bond or an extension
certificate of an old bond shall be filed upon the expiration of any
bond.
Sec. 8-517. Insurance required.
Each registrant shall procure and maintain in full force, for the
duration of the registration, public liability insurance, with limits of not less
than the maximum liability for claims which could be asserted against the
city, for any number of claims arising out of a single occurrence or accident
under the Kansas Tort Claims Act, as amended (currently $500,000). Each
registrant shall also procure and maintain in full force, for the duration of
the registration, Workman's Compensation Insurance as required by the
State of Kansas. Proof of coverage for all required insurance policies shall
be on file with the city at all times. Each insurance policy shall contain a
clause to the effect that the policy shall not at any time during the
registration period be canceled or reduced, restricted or limited, unless the
city clerk's office is given ten (10) days written notice.
Sec. 8-518. Suspension and revocation.
1. Any registration provided for in this article may be suspended or
revoked for cause by the city manager. Acts that may be deemed as
sufficient cause for revocation or suspension of registration may include
but are not limited to the following:
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a. Misrepresentation of a material fact in obtaining registration.
b. Fraudulent use of a person or firm's registration.
c. 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.
d. Negligence in providing reasonable safety measures for the protection
of workers and the public.
e. Bad faith or unreasonable delay in the performance of work.
2. Each registrant shall be held responsible for the violation of these and
other related regulations by the registrant by persons or subcontractors
employed by the registrant. The building official shall notify the
registrant in writing at any time the registrant's registration 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 registrant may appear and be heard. The
city manager shall provide, in writing, his decision regarding the status
of the registrant.
3. Appeal. Any suspension or revocation of the registrant may be appealed
to the board of city commissioners by filing a notice of appeal with the
city clerk's office within 30 days of the notice given by the City
Manager. 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 this ordinance shall be in full force and effect from and after its
adoption and publication once in the official city newspaper.
[SEAL]
Introduced: October 23, 2000
Passed: November 13, 2000
rj
Alan E. Ji a, Mayor
ATTEST:
R. Weber, Acting City Clerk