00-10011 BCAAB Licensing(Published in the Salina Journal on November 17, 2000)
Consoliaaleb5alina
ORDINANCE NUMBER 00-10011
AN ORDINANCE AMENDING CHAPTER 8 OF THE SALINA CODE BY
ADDING ARTICLES I, IV, V, VI, VII, VIII, XI, XII, XIII, AND XIV, PERTAINING TO THE
REVISION OF GUIDELINES FOR THE BUILDING CODES ADVISORY AND APPEALS
BOARD AND LICENSING REQUIREMENTS FOR VARIOUS CONTRACTORS AND
CRAFTSMAN.
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 amending Article
I. Section 8-17; which shall read as follows:
"See. 8-17. Membership.
The board shall consist of eleven (11) members, including one (1) of each
of the following:
(1) Licensed architect.
(2) Licensed structural engineer.
(3) Realtor.
(4) Plumbing contractor.
(5) Master or journeyman plumber.
(6) Electrical contractor.
(7) Master or journeyman electrician.
(8) Licensed mechanical engineer.
(9) Heating and air-conditioning contractor.
(10) Home building contractor.
(11) General contractor."
Section 2. That Chapter 8 of the Salina Code is hereby amended by amending Article
I. Sections 8-21 and 8-22; which shall read as follows:
"See. 8-21. Quorum.
Six (6) members of the board shall constitute a quorum for the
purpose of conducting the board's business.
Sec. 8-22. Purpose.
The purpose of the board shall be to:
(1) Study all uniform codes and local ordinances adopted by the city
regarding the residential and commercial building industry.
(2) Make recommendations to the board of city commissioners
regarding any updating of the city building codes.
(3) Act in an advisory capacity to the board of city commissioners on
any requests for ordinance changes affecting the city building
codes.
(4) Serve as a board of appeals to hear any appeal from a code
interpretation by the chief building official.
(5) Recommend rules and regulations to be adopted by resolution of
the board of city commissioners regarding the registration and
licensure of contractors, tradesman, plumbers, and electricians,
including rules and regulations."
Section 3. That Chapter 8 of the Salina Code is hereby amended by adding Article IV,
Sections 8-51 through 8-65; which shall read as follows:
"ARTICLE IV. GENERAL LICENSE REQUIREMENTS.
Sec. 8-51. Application required.
An applicant for license 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 licensee.
(b) Other pertinent information deemed necessary by the building
official.
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Sec. 8-52. License to be displayed.
Each licensee must conspicuously post or display the licensee in the
public reception area of the licensee's place of business.
Sec. 8-53. Fee.
The license fees and renewal fees shall be paid to the city clerk. All fees
shall be as prescribed in section 2-2.
Sec. 8-54. Expiration, renewal of license.
Unless renewed, each license shall expire on the thirty-first day of
December regardless of when the license was secured.
Sec. 8-55. Deadline for renewal of license.
No renewal license will be issued to any licensee after January
thirty-first. Renewal requests received after that date will be handled as an
initial application.
Sec. 8-56. License not transferable; misuse.
(a) No licensee shall allow his/her license, 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 licensee.
(b) No person shall advertise in any manner or use the title or
designation of any licensee regulated herein, unless licensed under
the provisions of this article.
Sec. 8-57. Bond required.
(a) Each licensee 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. 8-58. Insurance required.
Each licensee shall procure and maintain in full force, for the
duration of the license, 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.
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Sec. 8-59. Suspension and revocation.
1. Any licensee 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 a license may include but are not
limited to the following:
a. Misrepresentation of a material fact in obtaining a license.
b. Fraudulent use of a person or firm's license.
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 licensee shall be held responsible for the violation of these and
other related regulations by the licensee by persons or subcontractors
employed by the licensee. The building official shall notify the
licensee in writing at any time the licensee 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 licensee may appear and be heard. The city
manager shall provide, in writing, his decision regarding the status of
the licensee.
3. Appeal. Any suspension or revocation of the licensee may be appealed
to the board of city commissioners by filing a notice of appeal with the
city clerk's office. 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.
Secs. 8-60 — 8-65. Reserved."
Section 4. That Chapter 8 of the Salina Code is hereby amended by amending Article
V, Division 3. Sections 8-114 through 8-130; which shall read as follows:
"Sec. 8-114. Doing work without meeting requirements prohibited.
It shall be unlawful for any person or agent thereof to engage in the
installation or repair of electric wiring, raceways, lighting fixtures,
equipment, devices or electric apparatus of any nature before securing
such license and until furnishing proof of having complied with the
insurance requirements and having furnished the approved surety bond as
required.
Secs. 8-115 — 8-130. Reserved."
Section 5. That Chapter 8 of the Salina Code is hereby amended by amending Article
VI, Division 2, Sections 8-214 through 8-225; which shall read as follows:
"Secs. 8-214. Master plumber in the employ of a plumbing contractor
required.
Each person holding a plumbing contractor's license as elsewhere set
forth in this article shall have in his employ at all times, at least one (1)
person holding a valid master plumber's license. The plumbing
contractors license being valid only as long as the named master plumber
remains in the employ of the license in an active, full-time capacity. One
and the same person may hold the plumbing contractor's license and the
master plumber's license. For the purpose of meeting the requirements of
this section, a master plumber may act as the master plumber for only one
(1) plumbing contractor. The holder of a plumbing contractor's license
shall keep the plumbing inspector informed as to the person holding a
master plumber's license in his employ.
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Secs. 8-215 — 8-225. Reserved."
Section 6. That Chapter 8 of the Salina Code is hereby amended by repealing and
reserving Article VII, Sections 8-246 through 8-280.
Section 7. That Chapter 8 of the Salina Code is hereby amended by amending Article
VIII, Division 2, Sections 8-294 through 8-310; to read as follows:
"Sec. 8-294. Mechanical contractor must have a master heating,
ventilation and air-conditioning mechanic in full-time
employment.
Each person holding a mechanical contractor's license as elsewhere
set forth in this article shall have in his employ at all times, at least one (1)
person holding a valid master heating, ventilation and air-conditioning
mechanic's license. The mechanical contractor's license shall be valid only
as long as the named master heating, ventilation and air-conditioning
mechanic remains in the employ of the licensee in an active, full-time
capacity. One and the same person may hold the mechanical contractor's
license and the master heating, ventilation and air conditioning mechanic
license. For the purpose of meeting the requirements of this section, a
master heating, ventilation and air conditioning mechanic may act as the
master for only one mechanical contractor. The holder of a mechanical
contractor's license shall keep the city clerk informed as to the person
holding a master heating, ventilation, and air conditioning mechanic's
license in their employ.
Secs. 8-295 — 290. Reserved."
Section 8. That Chapter 8 of the Salina Code is hereby amended by amending Article
XI, Sections 8-383 through 8-400; to read as follows:
"Sec. 8-383. License required for sign business.
No person shall engage in the business of sign hanging or the
erection of signs within the corporate limits of the city without complying
with the provisions of this article and first obtaining a license. There shall
be a license fee as prescribed in Section 2-2 for such person engaged in the
business of sign hanging and the erection of signs. All persons engaged in
the business of sign hanging and the erection of signs will come under this
license except those who are employed by contractors carrying a license.
There shall be a separate license for each place of business conducted by
any person; provided, that nothing in this section shall prevent any person
from hanging or erecting any sign or signs to be used in advertising the
business of such person, but strict compliance shall be made at all times in
the hanging of such signs with the provisions of this article. The license
shall be valid until December thirty-first (3 1) of the year issued. A new
license will be issued for the ensuing year if the fee is paid by January
fifteenth (15). If the fee is not paid on or before January fifteenth (15) a
new application must be made and fee paid before a license will be issued.
Exemptions:
(a) A contractor or tradesman shall not be required to obtain a
license to install wall, roof or ground signs.
Sec. 8-384. Bond or insurance for persons advertising their own
business.
Any person desiring to erect or hang a sign to advertise the business
of such person in the city, shall furnish the city the same kind and character
of a bond, or in lieu thereof, shall furnish the same kind and character of
written agreement and evidence of public liability insurance as required in
Section 8-384, which instrument or instruments shall be subject to the
approval of the city attorney, and which bond or written agreement and
certificate of insurance shall be kept in full force and effect for such time
as such sign remains in place.
Sec. 8-385. Application of Chapter 42.
No sign shall be painted, constructed, erected, remodeled, relocated
or expanded other than in accordance with Article X of Chapter 42 of this
code, except with regard to the following provisions which shall generally
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apply to noncommercial opinion signs and political campaign signs. For
purposes of this article:
(1) "Noncommercial opinion sign" shall mean a sign which does not
advertise products, goods, businesses or services and which expresses an
opinion or other point of view, and shall include a political campaign sign.
(2) "Election season" shall mean the period of time commencing with
the candidates' filing deadline for an elective office or first publication in
the official county newspaper of a ballot question, and ending seven (7)
days after the general election for the elective office or the ballot question.
(3) "Owner" shall mean the record title holders, contract purchasers in
possession, or tenants in possession, to be viewed collectively as one
"owner" in relation to any restrictions regarding numbers of signs.
Sec. 8-386. Noncommercial Opinion Signs.
(a) The owner of a residential lot may at any time post on the lot one
(1) noncommercial opinion sign not exceeding eight (8) square feet in area.
(b) The owner of a nonresidential lot may at any time post
noncommercial opinion signs on the lot in accordance with Article X of
Chapter 42.
Sec. 8-387. Political Campaign Signs.
(a) The owner of a residential lot may during the election season post
on the lot one political campaign sign not exceeding eight (8) square feet
for each candidate for an elective office and each ballot question.
(b) The owner of a nonresidential lot may during the election season
post on the lot one political campaign sign not exceeding eight (8) square
feet for each candidate for an elective office and each ballot question, in
addition to those signs otherwise permitted in accordance with Article X
of Chapter 42.
Secs. 8-388 — 8-400. Reserved."
Section 9. That Chapter 8 of the Salina Code is hereby amended by amending Article
XII, Section 8-407; to read as follows:
"Sec. 8-407. Requirements for fences, hedges enclosing dwelling plots.
In any location zoned residential, fences shall conform to the
following requirements:
(1) Front yard. Front yard fences and hedges erected in front of the
required front yard building line (see zoning ordinance) shall be
of any class, and shall not exceed a height of four (4) feet,
excepting classes 1 and 5, which shall not exceed a height of
three (3) feet. Fences and hedges on corner lots in which the
rear yard abuts the front yard of the adjoining lot shall conform
to the requirements for front yard fences and hedges for such
part of the fence or hedge as abuts the adjoining front yard.
a. Fences on double frontage lots. Where a property consists
of a lot, two (2) opposite lot lines of which abut public
streets which are, more or less, parallel thus requiring
compliance with two (2) front yard setbacks, a solid fence
may be erected, not to exceed six (6) feet in height along
the yard which has been designated as the rear yard by the
owner or developer. When one of the streets abutting such
a lot has been officially designated by the city as an arterial
street, said fence shall not be erected in violation of
Section 42-81 on obstructing visibility at intersections.
However, when the fence would adjoin or would lie within
twenty-five (25) feet of an adjacent unfenced front yard, a
fence permit may be issued by the Building Official only
if a written protest is not received within seven (7) days
from the adjacent affected property owners. Such protest
period shall commence on the date of receipt of a certified
notice of intent from the Building Official.
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(2) Side yard. Side yard fences erected back of the required front
yard building line and within the required side yard of the lot
(see zoning ordinance) may be of any class not over six (6) feet
in height. The height restrictions herein provided shall not be
applicable to planting of shrubs and/or trees used as a hedge.
(3) Rear yard. Rear yard fences and hedges erected along the rear
property line may be of any class and height, except as provided
by subsection (1).
(4) Prohibited fences. No barbed wire or other sharp pointed
fences shall be erected or maintained unless specifically
permitted by other ordinances.
(5) Fences on retaining walls. In case of a fence erected on top of
a retaining wall, the height shall be measured from the grade of
the low side; provided, that in any case, a fence of class 2, 3, 4,
or 5 may be erected on top of a retaining wall to a height not to
exceed six (6) feet above the grade of the high side.
(6) Retaining walls. Retaining walls shall be adequately designed
and drained so as to resist all lateral pressure to which they may
be subject. Retaining walls shall not be erected in any front
yard when, in the opinion of the Building Official, such
retaining wall would be unsightly or detrimental to adjoining
property. Nor shall such walls be built higher than the grade of
the ground on the high side of the wall when such would exceed
the height allowed for a class one (1) fence, which height is
measured from the low side of the wall.
(7) Variations. When, in the judgement of the board of appeals, the
public health, safety and welfare will be substantially served,
the neighborhood property will not be materially damaged, and
a certified copy of a written agreement between neighboring
property owners has been filed with the board of appeals, it
may, at its discretion vary the requirements herein; provided,
that no violation of Section 42-8 may be permitted."
Section 10. That Chapter 8 of the Salina Code is hereby amended by repealing and
reserving Article XIII, Sections 8-426 through 8-460.
Section 11. That Chapter 8 of the Salina Code is hereby amended by repealing and
reserving Article X V, Sections 8-476 through 8-499.
Section 12. That this ordinance shall be in full force and effect from and after its
adoption and publication once in the official city newspaper.
{SEAL}
ATT
B R. Weber, Deputy City Clerk
Introduced: November 13, 2000
Passed: November 13, 2000
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Alan E. Jilka, Maybr