99-9953 Mechanical Contractors(Published in the Salina Journal on Octobero?4 1999)
ORDINANCE NUMBER 99-9953
AN ORDINANCE AMENDING CHAPTER 8 OF THE SALINA CODE
ARTICLE VIII, DIVISION 2, PERTAINING TO MECHANICAL CONTRACTORS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Chapter 8, Article VIII, Division 2 of the Salina Code is hereby
amended to read as follows:
"DIVISION 2. MECHANICAL CONTRACTORS.
Sec. 8-291. Definitions.
The following words and phrases, when used in this division, shall
have the meanings respectively ascribed to them:
(1) Apprentice heating, ventilation and air conditioning mechanic
shall mean a person who has sincerely dedicated himself to
learning the mechanical trade, and is in the employ of an
employing mechanical contractor.
(2) Employing mechanical contractor shall mean a person who
engages in the business or trade of mechanical contracting and is
licensed by the City of Salina as a mechanical contractor.
(3) Journeyman heating, ventilation and air conditioning mechanic
shall mean a person who holds a license issued pursuant to this
article showing said person to be qualified to do mechanical work,
but who is not a master or employing mechanical contractor as
defined herein.
(4) Master heating, ventilation and air conditioning mechanic shall
mean a person who holds a license issued pursuant to this article,
showing said person to be qualified and equipped to lay out, plan
and supervise the installation, repair and maintenance of
mechanical appliances and systems.
Sec. 8-292. License required.
It shall be unlawful for any person to labor at the trade of heating,
ventilation and air conditioning mechanic or mechanical contracting
without having been issued a heating, ventilation and air conditioning
mechanic license. The licensed individual must be employed by a
mechanical contractor who is licensed by the City of Salina or be an
owner of a mechanical contracting business licensed by the City of
Salina.
Exemptions:
(a) The owner of an owner occupied dwelling shall not be required to
obtain a license to install equipment regulated by this article.
(b) 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.
Sec. 8-293 Prerequisites to apply for a license.
(a) Master heating, ventilation and air conditioning mechanic. A
master heating ventilation and air conditioning mechanic shall provide
written certification of passage of the standard exam as prescribed by the
State of Kansas. They must also certify a minimum of six (6) years of
practical experience in the mechanical trade, doing the type of work they
will be required to perform, supervise or direct. Two (2) years
satisfactory work at an accredited trade school and four (4) years
practical experience may be accepted in lieu of the foregoing
requirements.
(b) Journeyman heating, ventilation and air conditioning mechanic.
A journeyman heating, ventilation and air conditioning mechanic shall
provide written certification of passage of the standard exam as
prescribed by the State of Kansas. They must also certify at least four
(4) years of practical experience in the mechanical trade doing the type
of work they will be required to perform. Two (2) years satisfactory
work in an accredited trade school and three (3) years of practical
experience may be accepted in lieu of the foregoing requirements.
(c) Apprentice heating, ventilation and air conditioning mechanic.
An apprentice heating, ventilation and air conditioning mechanic must
certify employment by a mechanical contractor licensed by the City of
Salina.
Exemption: The requirement for passage of the standard exam as
prescribed by the State of Kansas shall become effective for licenses
issued for the calendar year 2001 and all subsequent years. Prior to
January 1, 2001, any person may be exempted from taking the master
heating, ventilation and air conditioning mechanic's exam if the person
can show that they owned and were actively involved in the work
performed by a mechanical contracting business or were employed by
and were responsible for laying out, planning and supervising the work
performed by a licensed mechanical contractor continuously for the
calendar years 1995, 1996, 1997, 1998, 1999 and 2000.
Sec. 8-294. Expiration, renewal of licenses and certificates.
Each license and certificate shall be renewed annually and the
license and certificate shall expire on the thirty-first day of December
regardless of when the license was secured.
Sec. 8-295. 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. 8-296. Deadline for renewal of licenses.
No permit will be issued to any mechanical contractor after
January thirty-first (3 1) when the license has not been renewed.
Sec. 8-297. Certificates not transferable; misuse.
Certificates of qualification, registration, exams or licenses are not
transferable from one person to another and the lending of any license or
the obtaining of permits thereunder for any other person shall be deemed
cause of revocation.
Sec. 8-298. 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 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, and
ventilation and air conditioning mechanic's license in their employ.
Sec. 8-299. Bond required.
(a) Every person engaging in or working at the business or trade of a
mechanical contractor in the city shall before so engaging, or
entering upon any job of mechanical contracting in the city, file
with the city clerk a corporate surety bond in the principal sum of
five thousand dollars ($5,000.00) 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, their agents,
or employees may cause by reason of engaging in the business of
mechanical 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 the mechanical
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. 8-300. Insurance required.
Every person engaging in or working at the business or trade of
mechanical contracting in the city shall, as a condition to the issuance of
a license, 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. The mechanical
contractor shall also procure and maintain in full force, for the duration
of the license, 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 license period be canceled or reduced, restricted or limited, unless
the administrative authority is given ten (10) days written notice.
Secs. 8-301-8-310. Reserved."
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}
AT T:
ara R. Weber, Deputy City Clerk
Introduced: October 11, 1999
Passed: October 18, 1999
onte Shadwi ,Mayor