CHAPTER IV. BUILDINGS AND CONSTRUCTIONCHAPTER IV. BUILDINGS AND CONSTRUCTION\ARTICLE 2. CONTRACTOR LICENSING CODE

Definitions of terms as used in this chapter shall be as follows:

(a)   Electrician or Electrical Contractor - Any person engaged in the business of installing, repairing or maintaining electrical wiring and apparatus, which shall include all wiring, materials, devices, machinery, appliances, fixtures, motors or conductors used in connection with the transmission or consumption of current used in electrical light, heat or power.

(b)   Gas-Fitter or Gas-Fitting Contractor - Any person engaged in the business of installing, repairing, altering or maintaining gas piping, which shall include all pipes, valves or fittings used for conveying fuel gas located within the property lines of any premises or in any building, except

(1)   any portion of the service piping installed by or under the control and maintenance of gas utility, and

(2)   any approved piping connection six feet or less in length extending between an existing gas outlet and a gas appliance located in the same room as the outlet.

(c)   Plumber or Plumbing Contractor - Any person engaged in the business of installing, altering, maintaining, or repairing plumbing, which shall include all materials and plumbing fixtures, water pipes, potable water treatment equipment, traps, drainage and vent piping, and building drains, including their respective joints, connections, devices, receptacles and appurtenances located within the property lines of any premises or in any building.

(d)   Mechanical Contractor - Any person engaged in the business of installing, altering, maintaining or repairing heating, cooling and refrigeration equipment in both commercial and residential installations. Also, includes other work as shown in the Uniform Mechanical Code as adopted by this code.

(Ord. 2591, Sec. 4-201)

Except as provided in section 4-203, no person shall engage in the business, occupation or trade of electrical contractor, plumbing contractor or gas-fitting contractor or mechanical contractor within the city limits without first having obtained the license or licenses required under this article.

(Ord. 2591, Sec. 4-202)

Licenses shall not be required for the following:

(1)   Public utility companies and their employees when engaged in the installation, operation or maintenance of equipment which will be used for the production, generation, transmission or distribution of the product or service from the source of the product or service through the facilities owned or operated by the utility company to the point of customer service, including the metering.

(2)   The owner of a single-family residence, who occupies the residence, when constructing, enlarging, altering, repairing, converting, or is in any way performing work on the residence, including working on the electrical, plumbing and mechanical systems contained in the residence. Provided, however, that prior to commencing any work which is of the type or nature as to require a license if performed by any person other than the owner, the owner shall notify the building inspector of the work to be done. The building inspector may inspect the work as is normally required for such work when in the discretion of the building inspector such is desirable. All work done by an owner under this section shall comply with the codes adopted by this chapter. Provided further, that the owner shall not be allowed to tap the city sewer system nor work on the service entrance to the main breaker.

(Ord. 2591, Sec. 4-203)

(a)   A written application for license to engage in any of the occupations regulated by this article shall be filed with the city clerk. The license application shall contain the following:

(1)   Name, business and address and telephone number of the applicant;

(2)   Description of the type of work intended to be licensed;

(3)   Evidence of the required bond or liability insurance coverage provided for in section 4-205;

(4)   Payment of a nonrefundable $10 license application fee;

(b)   A license required by this chapter shall be issued by the city clerk only after the application therefore has been made in accordance with the provisions of sections 4-205 and 4-206.

(Ord. 2591, 4-204; Code 2007)

(a)   Upon fulfilling the requirements of section 4-204, the license applicant shall take and pass an examination prepared and administered by the city superintendent. The examination shall be designed to show the applicant’s knowledge of the provisions of the city code which apply to the applicant’s trade and to show and measure the practical experience and degree of proficiency the applicant has in his or her trade. The examination may consist of written questions, drawings and practical examinations. The applicant shall establish a passing score of at least 70 percentile for each license examination.

(b)   Prior to taking the examination, the license applicant shall pay to the city clerk a $20.00 examination fee. If the applicant fails to pass the examination, he or she may retake the examination by paying an additional fee of $20.00.

(c)   If the applicant passes the examination, a license shall be issued by the city clerk after approval by the city commission.

(d)   The city superintendent shall have the authority to waive the above examination if the license applicant can show proof of current licensing in another city or county within the State of Kansas which has an adequate licensing examination.

The city superintendent shall have the authority to establish the minimum class of licensing required, if licensing is granted under this section.

(Ord. 2591, Sec. 4-205; Ord. G-2600, Sec. 1; Code 2007)

(a)   All persons required to hold one or more of the licenses provided under section 4-202 must submit to the city clerk a good and sufficient bond by the applicant in the sum of $3,000 conditioned that the applicant will comply with all laws and regulations of the city and with any lawful orders of the building inspector and conditioned further that the city or any other person who may deem himself or herself injured or damaged by the applicant’s failure to comply with the provisions of this code may sue on the bond to recover damages. All such bonds shall be approved by the city clerk before a license is issued.

(b)   No bond required under this section shall be cancelled or terminated until at least 10 days after a notice of cancellation of the bond is received by the city clerk.

(Ord. G-2592, Sec. 4-206)

Any person who feels that a decision by the city clerk not to issue a license was arbitrary or in error may appeal in writing within ·10 days from the date of the license denial to the chairperson of the building trades board who shall arrange for a hearing by the board on the points in question. Such hearing shall be held within 30 days of the date the request for appeal is received by the city clerk.

(Ord. 2591, Sec. 4-207)

Every person required by this article to hold a license and who qualified for a license shall annually pay to the cityclerk a fee for such license. The fee for each type of contractor license shall be set by the city commission through a resolution at the beginning of each year. Licenses shall be-required for the following types of contractors: General Contractor, Electrical Contractor, Mechanical Contractor, Plumbing or Gas-Fitting Contractor, and a Limited Contractor. All licenses shall be for a period of one year commencing on January 1 of each year, except that the first license granted to a person shall extend from the date issued, to December 31 of the same year. A person will have thirty (30) days from January 1 of each year to renew his or her license. The license may be renewed upon payment of the annual license fee without further examination, unless request for examination is made by the city commission. No license shall be assignable.

(Ord. 2591, Sec. 4-208; Ord. 2805; Code 2016)

Any person wishing to file an appeal, from any act or decision of the city clerk or city superintendent, to the city commission shall file a written notice to the city clerk setting forth the reasons for, and basis of, the appeal. The notice shall be accompanied by a $25.00 fee. The city clerk shall immediately transmit a copy of the notice to the city commission.

(Ord. 2591, Sec. 4-213)

The city commission is authorized to suspend or revoke the license of any person who has been found twice to be in violation of the provisions of this chapter, or who shall refuse, upon notice, to comply with the plans and specifications approved by the city superintendent.

(Ord. 2591, Sec. 4-214)

Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be fined in any sum not exceeding $150.00. Each day that any person shall continue to violate or fail to comply with any of the provisions of this article shall be considered a separate offense. In addition to the penalties set out above, any person who shall fail to correct any defect in his or her work to meet the required standards after having been given notice of the unfit condition by the city superintendent within a reasonable time shall be refused any permit issued under this chapter until such defect or defects have been corrected.

(Ord. 2591, Sec. 4-216)