PROPOSED CONTRACTOR LICENSING REGULATIONS

ORDINANCE NO. 7988

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS CONCERNING ELECTRICAL, PLUMBING, AND MECHANICAL CONTRACTORS, PROVIDING FOR THE LICENSING AND REGULATION THEREOF; AMENDING CHAPTER 5, ARTICLES 4, 6, 11, 12 AND 13 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2003 EDITION AND AMENDMENTS THERETO

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1. Chapter 5, Article 12, Section 5-1206 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, is hereby amended to read as follows:

5-1206 CONTRACTOR INSURANCE.

Every contractor except a contractor who has an “inactive license” shall keep in force a policy of general liability insurance including completed operations coverage.

Class A, B, and C contractors. Every building contractor shall keep in force a policy of commercial general liability insurance including completed operations/products coverage. Such insurance policy shall be written with an insurance company licensed as an admitted insurance company in the State of Kansas. The contractor shall maintain general liability coverage in an amount not less than $1,000,000 per occurrence single limit for bodily injury and property damage. At the time of licensing, the contractor shall provide the City of Lawrence Neighborhood Resources Department with an original certificate of insurance verifying the insurance coverage required under this section. The City of Lawrence shall be added as a “Certificate Holder” to the insurance policy by the insurance company issuing the certificate of insurance, requiring the insurance company to notify the City of Lawrence Neighborhood Resources Department in writing of any change in coverage or cancellation of such policy at least ten (10) days prior to such changes. In addition, every contractor shall procure and maintain workers’ compensation insurance, as required by law.

Class D and E contractors. Every contractor shall keep in force a policy of commercial general liability insurance including completed operations/products coverage. Such insurance policy shall be written with an insurance company licensed as an admitted insurance company in the State of Kansas. The contractor shall maintain general liability coverage in an amount not less than $500,000 per occurrence single limit for bodily injury and property damage. At the time of licensing, the contractor shall provide the City of Lawrence Neighborhood Resources Department with an original certificate of insurance verifying the insurance coverage required under this section. The City of Lawrence shall be added as a “Certificate Holder” to the insurance policy by the insurance company issuing the certificate of insurance, requiring the insurance company to notify the City of Lawrence Neighborhood Resources Department in writing of any changes in coverage or canceling of such policy at least ten (10) days prior to such changes. In addition, every contractor shall procure and maintain workers’ compensation insurance, as required by law.

Section 2. Chapter 5, Article 12, Section 5-1207 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, is hereby amended to read as follows:

5-1207 CONTRACTOR LICENSES AUTHORIZED.

There shall be ~~four (4)~~ five (5) separate classes of licenses authorized for contractors as provided in this Article.

Section 3. Chapter 5, Article 12, Section 5-1211.1 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, is hereby enacted to read as follows:

5-1211.1 CLASS E, TRADE SPECIALTY CONTRACTOR, MECHANICAL, PLUMBING, ELECTRICAL (Requires six (6) years experience within the trade).

The annual Class E License fee shall be $200.00. A Class A-C license shall not entitle the license holder to perform HVAC services, plumbing services, electrical services, fireplace contracting services or mechanical services.

MECHANICAL CONTRACTOR. A class E Mechanical Contractor shall be a licensed Master or have as his or her employee a licensed Master on a full-time employment basis. Before the issuance of a contractor's license, the applicant shall submit the address of his place of business, business telephone number, the name of the designated master and other information as may be required on forms provided by the Codes Enforcement Division and shall pay all relevant fees. A Class E License shall entitle the holder thereof to perform HVAC services such as the installing or servicing mechanical systems.

PLUMBING CONTRACTOR. A Class E Plumbing Contractor shall mean a person who has worked at the trade for a period of at least six (6) years, three (3) years as a journeyman plumber and has passed a creditable examination as a master plumber or has a master plumber in his or her employ. A Class E License shall entitle the holder thereof to perform services such as the installing and servicing of plumbing systems.

ELECTRICAL CONTRACTOR. A Class E Electrical Contractor shall be a certified master electrician or a firm employing a certified master electrician or a person licensed as a contractor prior to July 1, 1986. A Class E License shall entitle the holder thereof to perform electrical services such as the installation and servicing of electrical systems.

FIREPLACE CONTRACTOR. A Class E Mechanical Fireplace Contractor shall be a licensed Master or have as his or her employee a licensed Mechanical Fireplace Master on a full-time employment basis. Before the issuance of a contractor's license, the applicant shall submit the address of his place of business, business telephone number, the name of the designated master and other information as may be required on forms provided by the Code Enforcement Division and shall pay all relevant fees. A Class E Mechanical Fireplace Contractor License shall entitle the holder thereof to perform work such as installation, service, and maintenance of factory-built fireplace systems. Mechanical Fireplace Contractor work shall be limited to contracting, installation, service, and maintenance of factory-built fireplace systems.

Section 4. Chapter 5, Article 12, Section 5-1214 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, is hereby amended to read as follows:

5-1214 EXAMINATIONS, LICENSE APPROVAL, AND ISSUANCE.

Contractor applicants shall be licensed by satisfying one or more of the following provisions (a-d) (Ord. 7870)

a. Obtain a certificate of competence from a nationally-recognized testing institution as contemplated by K.S.A. 12-1508, and amendments thereto (plumbing contractors), K.S.A. 12-1525, and amendments thereto (electrical contractors), K.S.A. 12-1541 (Heating, Ventilation and Air Conditioning contractors), and K.S.A. 12-1556 (building and residential contractors); or

b. Until December 31, 2006 provide verifiable evidence that the applicant or a firm’s designated representative has the required number of years of full-time experience in the building construction industry for that license:

i. Class A License – 15 years or more experience

ii. Class B License – 10 years or more experience;

iii. Class C License – 5 years or more experience;

iv. Class D License – 5 years or more experience.

c. Hold a bachelor’s degree in engineering, architecture, or construction science from an accredited college or university;

d. Hold a provisional license (General, Building and Residential contractor only) and complete not less than 32 hours of codes-related education prior to the expiration of such provisional license.

e. Reciprocity. To the extent that other jurisdictions or states which provide for the licensing of general contractors provide for similar action, the Neighborhood Resources Department Director may grant licenses of the same or equivalent classification to general contractors licensed by other municipalities or states, without written examination, upon satisfactory proof furnished to the director that the qualifications of such applicants are equal to the qualifications of holders of similar licenses in the City of Lawrence and upon payment of the required fee.

f. The contractor-applicant shall disclose, at the time of application, any current or previous contractor license held in Kansas or any other state and any disciplinary actions taken against such contractor-applicant. If the contractor-applicant is employed by or a principal of a firm, the application shall disclose whether the firm or the firm’s employees or principals have had any contractor-related disciplinary action taken against them in Kansas or any other state. No license shall be issued to any contractor-applicant who has had a license suspended or revoked for disciplinary reasons, or who has surrendered a license during any disciplinary proceeding or investigation, within the immediately preceding five years. Any contractor-applicant denied a license under the provisions of this section may appeal such denial to the CLB.

Section 5. Chapter 5, Article 12, Section 5-1214 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, is hereby amended to read as follows:

5-1301 CONTRACTOR LICENSING BOARD ESTABLISHED.

For the purpose of administering the provisions of Chapter 5, Article 12 of the Code of the City of Lawrence, Kansas, 2003 Edition and amendments thereto, adopted in Ordinance No. 7870, and amended by Ordinance No. 7988, and in order to establish and maintain a high standard of integrity, skill, and practice in the various construction fields, and to safeguard the life, health, property, and welfare of the public, the Lawrence City Commission hereby creates a Contractor Licensing Board (“CLB”) to consist of nine members to eight of which shall be appointed by the Mayor. The member who is a certified code official of the City of Lawrence shall be designated by the Neighborhood Resources Department Director. Prior to the initial appointment or subsequent expiration of any term of a CLB member, any person, professional society, or association interested in the construction industries to be regulated by Chapter 5, Article 12 as adopted in Ordinance No. 7870, may submit a list of names or persons of recognized ability who have the qualifications prescribed for CLB members. The Mayor shall give consideration to the list of names submitted.

Section 6. Chapter 5, Article 13, Section 5-1302 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, is hereby amended to read as follows:

5-1302 QUALIFICATIONS OF CLB MEMBERS.

The CLB shall, to the extent qualified individuals are willing to serve, consist of the following members:

a. One member shall be certified building code official of the City of Lawrence.

b. One member shall be licensed by the state of Kansas as an architect, civil or professional engineer.

c. One member shall be a licensed general contractor or an employee of such contractor.

d. One member shall be a licensed building contractor or an employee of such contractor.

e. One member shall be a licensed residential contractor or an employee of such contractor.

f. One member shall be from the general public of Lawrence.

g. One member shall be a licensed electrical contractor or an employee of such contractor.

h. One member shall be a licensed plumbing contractor or an employee of such contractor.

i. One member shall be a licensed mechanical contractor or an employee of such contractor.

Every member, except the member from the general public, shall, at the time of the appointment, be active in the appointee’s profession or trade and have had at least five (5) years experience in such appointee’s profession or trade.

Section 7. Chapter 5, Article 13, Section 5-1303 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, is hereby amended to read as follows:

5-1303 TERM.

a. The term of office for CLB members shall be four years, except ~~for~~ the terms of the members first appointed ~~of which two members shall serve for two years, two members shall serve for three years and two members shall serve for four years~~ shall be as follows:

1. The member from the general public of Lawrence shall serve for four years;

2. The licensed general contractor of an employee of such contractor shall serve four years;

3. The licensed architect, civil or professional engineer shall serve three years;

4. The licensed building contractor or an employee of such contractor shall serve three years;

5. The licensed residential contractor or an employee of such a contractor shall serve three years;

6. The licensed electrical contractor or an employee of such a contractor shall serve two years;

7. The licensed plumbing contractor or an employee of such contractor shall serve two years;

8. The licensed mechanical contractor of an employee of such contractor shall serve two years.

The City of Lawrence certified building code official’s term shall be at the discretion of the Neighborhood Resources Department Director. Vacancies occurring before the expiration of a term shall be filled in the manner of the original appointment for the remainder of the unexpired term. ~~CLB members who have served a two, three, or full four-year term may be reappointed to a second four-year term~~. CLB members shall serve no more than two (2) full terms with the exception of the Neighborhood Resources Department staff member, who shall serve at the discretion of the Neighborhood Resources Department Director.

b. The members of the CLB shall serve without compensation.

c. The members of the CLB shall, by majority vote, elect a member as chairperson, who shall be a licensed Contractor or an employee of a licensed contractor, and a vice-chairperson. The Chairperson and vice-chairperson shall hold their respective offices for one year and may be re-elected for successive terms. The Chairperson, or acting Chairperson, shall not vote on matters before the CLB except in the case of a tie vote.

d. The CLB may, in addition to the Contractor Licensing Board Rules and Regulations, adopt rules and regulations consistent with this Article to carry into effect the provisions hereof, and such rules and regulations shall be furnished to any person upon request.

e. The CLB may conduct disciplinary hearings relating to the limitation, suspension, or revocation of any license. All hearings conducted by the CLB shall be in accordance with this Article and Sections 5-1219 and 5-1220 of Ordinance No. 7870, as amended.

Section 8. Chapter 5, Article 13, Section 5-1306 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5-1306 QUORUM.

~~Four~~ Five members of the CLB shall constitute a quorum for the transaction of CLB business, including hearings. Attendance at any meeting may be in person or by conference telephone.

Section 9. Chapter 5, Article 4, Section 5-403 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5-403 ADMINISTRATION; GENERALLY.

(A) Purpose.

The purpose of these regulations is to provide a uniform standard for representatives of the City to administer the National Electrical Code and judge the installation of electrical systems; for persons appointed to the Board of Electrical ~~Examiners and~~ Appeals; for persons who perform or cause to be performed any electrical work within the City; and electrical systems installed in, on or about the buildings, structures and its premises located within the City's jurisdiction. The purpose of these regulations is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of these regulations.

(B) Scope.

The provisions of these regulations shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of any building or structure and any related apparatus thereto and any premises electrical systems.

(1) General. Buildings, structures and their electrical systems to which additions, alterations or repairs are made shall comply with all the requirements of all the technical codes adopted by the City.

(2) Additions and Alterations. Additions to, or alterations of an existing electrical system shall be installed in compliance the current edition of the National Electrical Code as adopted by the City unless otherwise provided in these regulations.

(3) Repairs. Repairs to electrical systems shall be made in accordance with Codes and standards applicable at the time of the original installation. Repairs shall be considered as an item of maintenance as provided by these regulations.

(4) Existing Installations. Electrical systems lawfully installed at the time of the adoption of technical codes may continue its use and maintenance if the use and maintenance is in accordance with the original design and, in the judgment of the enforcing authority, no hazard to public health, safety or welfare has been created by such system.

(5) Moved Buildings. Buildings moved to or relocated in the City shall conform to the current National Electrical Code as adopted by the City.

(6) Historic Buildings. Maintenance, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building, structure or landmark; and subject to city and state historic preservation ordinances and laws, may be made without conformance to all the requirements of the technical codes when authorized by the enforcing authority.

(D) Definitions.

For the purpose of these regulations, certain terms, phrases, words and their derivatives shall be construed as specified in this Section. Where terms are not defined in this Section, they shall be referred to the National Electrical Code and other technical codes adopted by the City. Where terms are not found in this Section or technical codes, they shall have their ordinarily accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, shall be considered as providing ordinarily accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.

Addition is an extension of an electrical system's service equipment, feeder or branch circuit.

Agent is the person who acts on behalf of and with the permission of a person owing property, firm, copartners, corporation, association, or combination thereof.

Alter or Alteration is any change or modification in a building, structure or an electrical system.

Contractors of Record is a person, firm, copartners, corporation, association or combination thereof who is authorized by the City to perform or cause to be performed work regulated by the technical codes adopted by the City; whom shall assume responsibility for the work allowed within the scope of the permit; and whom is designated on the permit issued by the enforcing authority.

Enforcing Authority is the officer authorized by the appointing authority to enforce the National Electrical Code and other technical codes, standards and laws adopted by this jurisdiction.

Maintenance, Electrical is the replacement of a permanently fixed device, lighting fixture, appliance or any utilization equipment or component thereof that does not increase or decrease the energy demand of a premises wiring system. The relocation of a permanently fixed outlet, device, lighting fixture, appliance or any utilization equipment is not considered maintenance. The replacement or relocation of cable or conductor, raceway, wireway or auxiliary gutter, cable tray and similar methods is not considered maintenance.

National Electrical Code is the standard promulgated by the National Fire Protection Association, as adopted by this jurisdiction.

Owner is any person, firm or corporation having a legal or equitable interest in the property.

Permit is an official document issued by the enforcing authority authorizing performance of a specified activity.

Shall as used in these regulations is mandatory.

Systems are the assemblage of materials and/or equipment of which are subject to these regulations and technical codes.

Technical Codes are the National Electrical Code, Uniform Building Code, Uniform Mechanical Code and Uniform Plumbing Code, Uniform Fire Code, Uniform Housing Code and other technical codes adopted by this jurisdiction containing the provisions for design, construction, alteration, repair, removal, demolition, use, location, occupancy and maintenance of all buildings and structures.

(E) Conflicting Provision.

Wherever conflicting provisions or requirements occur between these regulations, the technical codes and any other codes or laws, the most restrictive provisions shall govern.

Where conflicts occur between the technical codes, those provisions providing the greater safety to life shall govern. In other conflicts where life safety or fire safety are not involved, the most restrictive provisions shall govern.

Where in any specific case different sections within any of the technical codes specify different materials or methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

Where conflicts occur between any specific provisions of these regulations and any administrative provisions in any technical code which is then applicable within this jurisdiction, the provisions most currently adopted shall prevail.

(F) Alternate materials and methods of construction.

The use of alternate materials and methods of construction may be permitted by the enforcing authority as provided by the applicable technical code.

(G) Modifications.

Modifications in construction and design may be permitted by the enforcing authority as provided by the applicable technical code.

(H) Unsafe buildings, structures or systems.

All buildings or structures and their systems regulated herein and in the technical codes which are structurally inadequate, or have inadequate egress, or which constitute a fire hazard, or otherwise dangerous to human life are, for the purpose of this Section, unsafe.

Building systems regulated by technical codes, which constitute a fire, electrical, or health hazard, or life safety, or are otherwise dangerous to human life are, for the purpose of this Section, unsafe. Any use of buildings, structures or their systems constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this Section, an unsafe use.

Any unsafe condition is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in these regulations and other regulations of the City Code. An unsafe condition may result in the termination of the electrical source to the building or structure premises electrical system as determined by the enforcing authority.

(I) Exemption.

The provisions of these regulations shall not apply to public service utility companies or their authorized representative in the performance of work in the distribution or metering of any public utility.

Section 10. Chapter 5, Article 4, Section 5-404 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5-404 ORGANIZATION AND ENFORCEMENT.

(A) Authority.

(1) Creation of Enforcement Agency. There is hereby established in this jurisdiction a Code Enforcement agency which shall be under the administrative and operational control of the enforcing authority.

(2) General. Whenever the term or title "enforcing authority" is used herein or whenever the term or title "administrative authority," "responsible official," "chief inspector," "code enforcement officer," "authority having jurisdiction," or other similar designation is used in any of the technical codes, it shall be construed to mean the officials designated by the appointing authority of this jurisdiction.

(3) Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of these regulations and the technical codes, or whenever the enforcing authority has cause to believe there exists in any building or upon any premises a condition or code violation which makes the premises unsafe, the enforcing authority may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the enforcing authority by such codes, provided that if such building premises is occupied, he or she shall first present proper credentials and demand entry; and if such building or premises be unoccupied, he or she shall make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. Should entry be refused, the enforcing authority shall have recourse to every remedy provided by the law to secure entry.

(4) Stop Work Orders. Whenever any work is being done contrary to the provisions of these regulations and the technical codes, the enforcing authority may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the enforcing authority to proceed with the work.

(5) Standards for Judging Work.

(a) All constructing, altering, adding to or repairing of buildings or structures or its systems and the materials and equipment used therefore, shall conform with the provisions of these regulations, the laws of the state, and with approved standards of safety for persons and property. Conformity with the provisions of these regulations, the laws of the state and the provisions of the technical codes shall constitute the standards of good practice by which the enforcing authority shall judge work and materials.

(b) The enforcing authority shall decide all questions not provided for in these regulations pertaining to the constructing, altering, adding to, or repairing of buildings or structures or its systems in accordance with his or her best judgment of what constitutes good practice based on the codes and ordinances of the City.

(6) Defective and Unsafe Work. When an installation shall be found not to comply with the provisions of these regulations or to be unsafe or defective, the enforcing authority shall at once notify the person doing the work of such finding or make written notice of the finding and post on or within the building, structure or premises.

Every defective installation shall be corrected before a subsequent inspection will be made. Should said person fail or refuse to change, rearrange or remove the work within a time prescribed by the enforcing authority, the enforcing authority may issue a stop work order to one or all contractors of record.

(7) Occupancy Violations. Wherever any building or structure of systems therein regulated by these regulations and the technical codes is being used contrary to the provisions of such codes, the enforcing authority may order such use discontinued by written notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the enforcing authority after receipt of such notice to make the structure or portion thereof, comply with the requirements of these regulations.

(8) Authority to Condemn Systems. Where the enforcing authority determines a system is not an immediate hazard but ascertains that any systems regulated in the technical codes has become unsafe to life, health, property, he or she shall order in writing that such equipment either be removed or restored to a safe condition or whichever is appropriate. The written notice shall fix a time limit for compliance with such order. No person shall use or maintain a defective system after receiving such notice.

When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefore shall be given within forty-eight (48) hours to the serving utility, the owner and occupant of such building, structure or premises.

When any system is maintained in violation of the technical codes and in violation of any notice issued pursuant to the provisions of these regulations, the enforcing authority shall institute any appropriate action to prevent, retrain, correct or abate the violation.

(9) Authority to Prevent Connection or to Disconnect Utilities. The enforcing authority shall have the authority to cause disconnection of any utility service or energy supplied to the building, structure or systems therein regulated by these regulations or the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property. The enforcing authority shall whenever possible notify the serving utility, the owner and occupant of the building, structure, or systems of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of building structure or systems, in writing, of such disconnection immediately thereafter.

(10) Authority to Disconnect Utilities Due to Fires, Explosions, or Other Disasters. The enforcing authority, Fire Chief or authorized representatives may cause the disconnecting of utilities when deemed necessary in the interest of public safety.

(11) Restoration of Building Systems after Disconnection. No person shall make connections from any electrical source to a premises wiring system which has been disconnected or ordered to be disconnected by the enforcing authority or the use of which has been ordered to be disconnected until the enforcing authority authorized the re-connection and use of such system.

(12) Liability. The enforcing authority charged with the enforcement of these regulations and the technical codes, acting in good faith and without malice in the discharge of his or her duties, shall not thereby render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act or omission performed by him or her in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of these regulations, or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by this jurisdiction.

(B) Appeal of Enforcing Authority’s Decision.

Any one aggrieved by the enforcing authority’s decision may appeal to the appropriate appeals board.

Where provisions apply generally to each board, the term "Board" in the singular or plural shall be used.

(1) General. A Board is established for the purpose of ~~designating examinations for certification categories and designating standards and qualifications for the certification and licensing of electrician~~s acting as an appeals board of persons aggrieved by a decision concerning the National Electrical Code or other technical matter of the enforcing authority, or of persons who ~~feel~~ consider these regulations do not adequately cover a point in question; and ~~act~~ as a code committee recommending to the Governing Body any changes necessary for the adoption of technical codes and ordinances.

(2) Board of Electrical ~~Examiners and~~ Appeals.

(a) Established. There is hereby created a Board of Electrical ~~Examiners and~~ Appeals.

(b) Appointments. The members of the Electrical Board shall be appointed by the Mayor and with the consent of the Board of Commissioners of the City. Upon adoption of this ordinance, two (2) electrical contractors, two (2) journey electricians, one (1) member of the Lawrence Fire Prevention Division, two (2) Lawrence citizens at large not employed in work regulated by the National Electrical Code nor an employee of the City. The enforcing authority shall be an ex-officio member.

(3) Terms. The members of the Board shall serve for three (3) years unless resigned or removed under guidelines and by-laws it may adopt. The initial appointment, however, shall be staggered so that no more than two (2) members' terms expire in the same year and the retiring members shall not be both contractors or both journey electricians.

(4) Meeting of the Board. The members of the Board, under such rules and regulations as they shall prescribe, shall hold meetings monthly and at additional times as deemed necessary by the Board for the purpose of the duties as set forth in this Section. A chairman, elected annually from the members, shall preside at all meetings. A representative from the enforcing jurisdiction shall keep records of all proceedings.

(5) Duties. The Board shall elect a chairperson and vice-chairperson. Any action or recommendation of a Board must be by majority vote. The Board shall adopt in writing, a set of rules and procedures ~~for testing and certification of applicants~~, conducting appeals hearings and recommending Code changes. A copy of such rules and procedures shall be available for the public in the office of the enforcing authority. The Board shall be given the authority to appoint recommending committees. In conducting any business authorized by this Article, the Board shall be bound by the provisions of these regulations and any other ordinance or Code of the City.

(D) Appeals.

(1) General. To hear and decide appeals of orders, decisions or determinations made by the enforcing authority relative to the application and interpretations of the technical codes, the Board shall act as a board of appeals to pass upon matters pertaining to construction, repair and maintenance ~~and who are not employees of the jurisdiction~~.

(2) Limitations of Authority. The Board shall have no authority relative to interpretation of the administrative provisions of these regulations or the technical codes nor shall the Board be empowered to waive requirements of either these regulations or the technical codes.

(3) Application. A person wanting to file an appeal to the Board shall make application to the enforcing authority on the form provided. The enforcing authority shall transmit a copy of the application to each member of the Board and shall arrange for a hearing on the

points in question within thirty (30) days of the enforcing authority's receipt of the application. Any person who filed the appeal and who feels the decision of a Board is arbitrary or in error, may appeal such decision to the Governing Body. Such an appeal must be taken within thirty (30) days from the date of the decision of the Board. (Ord. 6400)

Section 11. Chapter 5, Article 4, Section 5-405 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5-405 CERTIFICATION AND LICENSING, GENERALLY.

(A) General.

All persons or firms who are engaged in construction and/or a related trade and who work under any of the provisions of these regulations shall be certified and/or licensed under this Article, except that electrical contractors shall be licensed under Chapter 5, Article 12 of the City Code.

(B) Definitions.

As used in this Article and elsewhere in the ordinances of the City, unless the context otherwise indicates, the terms used herein shall be as follows:

Apprentice. Any person who is engaged in electrical work that requires a permit or inspection and does not possess a license provided by these regulations who performs electrical work.

Appliance or Utilization Equipment Installer. An unlicensed person who installs or repairs appliances or utilization equipment including alarm systems, gasoline dispensing pumps, manufacturing equipment, water irrigation systems, elevators, garage door openers, ~~etc~~. and similar equipment.

Certified. An acknowledgment by this jurisdiction of a person's competency for licensing as provided by the State Statutes of Kansas.

Contractor, Electrical. A certified master electrician or a firm employing a certified master electrician; or a person licensed as a contractor prior to July 1, 1986, who:

(a) Undertakes with or for another to install, alter or maintain electrical systems and/or equipment within the City.

(b) Possesses a valid electrical contractor's license issued by this jurisdiction pursuant to Chapter 5, Article 12 of the City Code.

(c) Causes persons under his or her direction to install, alter, or maintain electrical systems or equipment within the City.

Install. To assemble, or relocate, or make ready for use any material, equipment, appliance, or apparatus.

Journey, Electrician. A person who:

(a) Obtained a license prior to July 1, 1986, and possesses a valid license issued by this jurisdiction; or possesses a journey electrician certificate of competency.

(b) Possesses a valid license issued by this jurisdiction.

(d) Installs electrical systems or supervises persons who install electrical systems within City.

Licensed. An acknowledgement by this jurisdiction that person meets the criteria and has paid the required fees to practice the electrical trades.

Master Electrician. A person who:

(a) Possesses a master electrician certificate of competency and possesses a valid license issued by this jurisdiction.

(b) Is employed by or works under the direction of an electrical contractor.

Residential Electrician. A person who:

(a) Possesses a residential electrician certificate of competency.

(b) Possesses a valid license issued by this jurisdiction.

(d) Installs electrical systems or supervises persons who install electrical systems in one and two family dwellings.

(e) Is an apprentice on installations other than one and two family dwellings.

Trade. An occupation or craft requiring dexterity and/or artistic skills in relation to the construction of a building, structure or system and its related equipment that is organic to its function.

Section 12. Chapter 5, Article 4, Section 5-406 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5-406 CERTIFICATION.

(A) Certification required.

(a) Certification is the accepted standard for licensure within this jurisdiction. Unless specifically excepted elsewhere in these regulations, only persons so certified and who presents a certificate of competency, as provided by the State Statutes of Kansas to the enforcing authority shall be permitted to license in the electrical trade in the City.

(b) The enforcing authority may issue certificates of competency as provided by the State Statutes of Kansas. The enforcing authority may cease the issuance of certificates of competency as they see fit.

(B) Examination.

(1) General. Any person seeking certification as an electrical contractor, master electrician, journey electrician, or residential electrician shall direct his or her inquiries to the enforcing authority.

(2) Eligibility. To be eligible to make application for examination and certification, an applicant shall have the practical experience as prescribed in this Section.

(a) Master Electrician. Six (6) years experience within the trade with layout, installation and supervisory experience.

(b) Journey Electrician. Three (3) years experience within the respective trade with installation experience.

(c) Residential Electrician. Two (2) years experience within the trade with installation experience in one and two family dwellings.

(d) Education. A degree in engineering conferred by an accredited college or university may be substituted for two and one-half (2.5) years of practicable experience. Also, graduation from an accredited vocation-technical school or other formal training within the field of endeavor may be substituted for one (1) year of practical experience. The respective Board shall require verification of educational training.

(3) Processing Fee. A processing fee shall be paid to the enforcing jurisdiction and shall accompany every application for examination and certification. The amount of the processing fee shall be established by the enforcing authority.

(4) Application. A person who seeks certification in the categories established in this Section shall submit written application on forms provided by the enforcing authority. Practical experience shall be verified. Copies of trade licenses; union card; W-4 tax receipts; or statements from present and past employers written on company letterhead stationary and attested by a public notary shall accompany the application and certification form. The enforcing authority may reject an applicant's application and certification form if the information is illegible, incomplete or falsified. The enforcing authority shall make notice (accept or reject) to the applicant not more than thirty-one (31) days from receipt of the completed application and certification form. Applicants who receive rejection notices may again make written application upon satisfactorily meeting the criteria set forth by the enforcing authority. Applicants who receive accepted notices may register with the examination preparer on forms provided by the enforcing authority.

(5) Registration Forms. The enforcing authority shall issue registration forms for examination, as provided by the exam preparers, in the categories provided by this Section. The enforcing authority shall make every attempt to provide an exam candidate with the necessary information and registration forms in a reasonable time. The enforcing authority shall not be held responsible for a candidate's failure to make the necessary deadlines, actions or contracts involving the examination preparers and the candidate, examination content, examination preparer notification and review policies, the scheduling of exam dates and locations, the proctoring and grading of exams, exam fees and other items relating to the examination preparers.

(6) Passing Grade. The passing grade for all certification categories shall be seventy-five percent (75%) or better.

(7) Re-examination. Candidates who do not pass a certification examination may make written application to the enforcing authority involving the administration of examinations.

A candidate who passes a certification examination shall be issued a certificate of competency as provided by the State Statutes of Kansas.

Section 13. Chapter 5, Article 4, Section 5-407 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5-407 LICENSING.

(A) General.

This jurisdiction issues licenses for the purpose of authorizing and regulating persons to install, alter or maintain electrical systems and equipment within the City and to establish and maintain a register of persons who are authorized to perform work within the City. Any person seeking licensure as an electrical contractor, master electrician, journey electrician, or residential electrician shall direct his or her inquiries to the enforcing authority. Electrical contractors shall be licensed pursuant to Chapter 5, Article 12 of the City Code.

(B) Required.

No person, other than a duly licensed contractor, shall engage in the electrical trades within the jurisdiction of the City with the exception of;

(a) Any person who performs maintenance as defined by these regulations.

(b) Appliance and utilization equipment installers may connect an appliance or equipment to an electrical system's final branch circuit switching device. The installation, modification or extension of a system, or the installation of a system means of connection for an appliance or equipment is subject to the permit and licensing requirements of these regulations.

(d) Persons working within federal and state highway easements and right of ways.

(e) Persons working with railroad right of ways.

(f) Owner-occupants of a single family dwelling.

(g) Installers of Class 1, Class 2, and Class 3 electrical systems, 50 volts nominal or less, A.C. or D.C. current. This provision shall include installers of fire, burglar and similar alarm systems.

The following license categories are hereby established. Additional allowances or limitations for the scope of work for a category shall be noted herein.

(1) Electrical Contractor. Unrestricted in the scope of undertaking the installation, alteration or maintenance of electrical systems and equipment. Applicants for an electrical contractor license shall comply with the provisions of Chapter 5, Article 12 of the City Code.

(2) Master Electrician. May supervise an unlimited number of master and journey electricians. May directly supervise not more than two apprentices.

(3) Journey Electrician. May supervise an unlimited number of master and journey electricians. May directly supervise not more than two apprentices.

(4) Residential Electrician. May install electrical systems in one and two family dwellings. May supervise an unlimited number of master, journey or residential electricians in the installation of systems in one and two family dwellings. May directly supervise not more than two apprentices during the installation of systems in one and two family dwellings. A residential electrician shall work within the scope of an apprentice when not working on systems in one and two family dwellings.

(D) Qualification for Licensure.

Any person desiring to obtain a license provided in these regulations, shall first be certified in the respective category.

(E) Application for Licensure.

Any person desiring any category of license provided by these regulations shall make application to and as prescribed by the enforcing authority.

(F) Issuance.

(1) Electrical Contractor. The person desiring licensure shall comply with the provisions of Chapter 5, Article 12 of the City Code. ~~make application, display personal identification and a master certificate of competency, file a five thousand dollar ($5,000) surety bond, and pay the required fees to the enforcing authority.~~

~~(2)~~ Master, Journey and Residential Electrician. The person desiring licensure shall make application, display personal identification and a certificate of competency, and pay the required fees to the enforcing authority.

(G) Application for Licensure.

Any person desiring to obtain a license shall make application as prescribed by the enforcing authority.

(H) Personal Identification.

A valid driver’s license or State issued identification card may be used as identification.

(I) Certificate of Competency.

The person seeking licensure shall present the original certificate of competency. The enforcing authority may verify the contents with the issuing jurisdiction. The enforcing authority may request the person or issuing jurisdiction for additional information including examination score and examination date.

(J) ~~Bond~~.

~~Persons desiring to obtain a contractors license shall file a surety bond with the City Clerk, stating the company name, in the amount of five thousand dollars ($5,000), made payable to the City of~~ ~~Lawrence, with an annual expiration date of December 31. Bonding companies form shall be used~~.

(K) Fees.

The fees for licensing categories shall be in the amount of:

Contractor ~~Two Hundred Dollars ($200~~)See Chapter 5, Article 12 of the City Code.

Master Twenty Dollars ($20)

Journey Twenty Dollars ($20)

Residential Twenty Dollars ($20)

The enforcing jurisdiction shall issue the license holder a license card. The license card shall state the expiration date and serve as official notice of the same.

(L) Validity.

Every valid license shall remain in force and effect through the expiration date. The 31st day of December of a year shall be the licensing expiration date. Licenses not renewed on or before the 31st day of December shall expire.

(M) Expiration.

Persons possessing an expired license shall immediately forfeit all privileges awarded to the respective licensing category. Valid licenses may be renewed on or before the expiration date. Expired licenses may be renewed under penalty.

(N) Renewals.

Licenses shall be renewed each year. Persons holding valid licenses may renew on or before the expiration date in the amount prescribed herein.

The fees for license renewals shall be in the amount of:

~~Contractor Fifty Dollars ($50)~~

Master Ten Dollars ($10)

Journey Ten Dollars ($10)

Residential Ten Dollars ($10)

(O) Renewals Under Penalty.

Expired licenses may be renewed under penalty at a cost twice the amount of the license renewal fee for a period not to exceed thirty-one (31) days after the expiration date (January 31st).

(P) Transfer.

A license issued pursuant to the provisions of these regulations shall be not transferable.

(Q) Display.

A person who is licensed under provisions of these regulations shall carry on their person the license card issued by the enforcing jurisdiction when performing electrical work within the scope of these regulations. The person shall display the license card upon the request of the enforcing authority when the person is performing electrical work within the scope of these regulations.

Section 14. Chapter 5, Article 4, Section 5-411 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5-411 UNLAWFUL ACTS.

It shall be unlawful for any person to do any of the following:

(a) To perform or cause to be performed any work that requires a permit without having first secured the appropriate permit.

(b) For a person or persons through negligence or indifference to knowingly create an unsafe condition and/or allow an unsafe condition to exist.

(c) To perform or caused to be performed without a valid Electrical Contractor’s License any electrical work that requires the services of a duly authorized and licensed contractor.

(d) For any person to conduct, carry on, or engage in the business of electrical contracting without having first obtained a valid, current contractor's license.

(e) For any person holding a current, valid contractor's license to employ any

other person or persons to perform any work requiring a license and who does not hold a current, valid license.

(f) For any person to perform work which requires a license without having first obtained a current valid license.

(g) For any person to employ any person as an apprentice to perform any work without providing proper supervision. Not more than two (2) apprentices will be supervised by one (1) licensed person.

(h) To violate any other provision of this Article.

Section 15. Chapter 5, Article 6, Section 5-602 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5-602 QUALIFICATION OF PLUMBERS.

(1) Plumbing Contractor. A plumbing contractor is a person who may conduct, carry on, or engage in the business of plumbing, has worked at the trade for a period of at least six (6) years, three (3) years as a journeyman plumber, ~~and~~ has passed a creditable examination as a master plumber or has a master plumber in his or her employ, and ~~is bonded to the City as described in Section~~ ~~5‑602.6, and 5‑602.11~~ is licensed as a plumbing contractor under Chapter 5, Article 12 of the City Code.

(2) Master Plumber. A master plumber is a person who works for a plumbing contractor and designs and/or installs plumbing systems, and who may supervise other plumbers, has worked at the trade for a period of at least six (6) years, and has passed a creditable examination as a master plumber. A master plumber may become a plumbing contractor by ~~paying the required fee, and bonding with the City as described in Sections 5‑602.7 and 5‑602.12~~.meeting all of the requirements for licensure as a plumbing contractor under Chapter 5, Article 12 of the City Code.

(3) Journeyman Plumber. A journeyman plumber is a person who labors at the trade of plumbing as an employee of a registered plumbing contractor, has worked at the trade for a period of at least three (3) years, and has passed a creditable examination as a journeyman plumber as described in Section 5‑602.7.

(4) Master Gas Fitter. A master gas fitter is a person who may conduct, carry on, or engage in the business of gas fitting, and/or the sale or repair of gas burning appliances (such as, but not limited to, the sheet metal business), has worked at the trade for a period of at least six (6) years, three (3) years as a journeyman gas fitter and has passed a creditable examination as a master gas fitter, or has a master gas fitter in his or her employ, and is bonded to the City as described in Sections ~~5‑602.7~~ and 5‑602.12.

(5) Journeyman Gas Fitter. A journeyman gas fitter is a person who labors at the trade of gas fitting as an employee of a registered master gas fitter, has worked at the trade for a period of at least three (3) years, and has passed a creditable examination as a journeyman gas fitter as described in Section 5-602.7.

(6) An apprentice plumber or gas fitter is a person who labors at the trade of plumbing or gas fitting as an unlicensed employee of a registered plumbing contractor or master gas fitter in the presence of and under the direct supervision of a licensed craftsman as described in paragraphs (1), (2), (3), (4) and (5) above. The apprentice must serve as such for a period of three (3) or more years prior to making application for licensing. Not more than two (2) apprentices shall work under the direct supervision of one (1) licensed person. Direct supervision means a licensed person shall be in the vicinity of an apprentice for the purpose of giving information, discussion and demonstration while doing work that requires a license. Further, an apprentice shall have knowledge of the whereabouts of the supervising licensed person and shall prove his or her knowledge of such upon request of the administrative authority. Vicinity shall mean surrounding area, such as a row of houses on a construction project.

Section 16. Chapter 5, Article 6, Section 5-602.1 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5‑602.1 GENERAL PROVISIONS.

(1) It shall be unlawful for any person to conduct, carry on or engage in the business of plumbing or gas fitting or act in the capacity of a plumbing or gas fitting contractor without first having had issued a valid masters certificate of competency or registration by the ~~board of plumber and gas fitter examiners~~ Neighborhood Resources Department, and ~~is bonded to the City as provided in Section 5‑602.12~~. a valid plumbing contractor license pursuant Chapter 5, Article 12 of the City Code.

(2) It shall be unlawful for any person to labor at the trade of plumbing or gas fitting in the capacity of a journeyman plumber or gas fitter without first having had issued a valid journeyman's certificate of competency or registration by the board of plumber and gas fitter examiners.

(3) A person holding a certificate of registration as a gas fitter shall be prohibited from doing sanitary plumbing work or water supply piping unless he or she also holds a valid certificate as a master or journeyman plumber.

Section 17. Chapter 5, Article 6, Section 5-602.2 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5‑602.2 UNLAWFUL ACTS.

It shall be unlawful for any person to do any of the following:

(1) To perform or cause to be performed any plumbing work in the City of Lawrence, which requires a permit without having first secured the appropriate permit from the City.

(2) To perform or cause to be performed any plumbing work in the City of Lawrence which requires a permit without securing the services of a duly authorized and licensed plumbing contractor to perform and/or supervise the plumbing work, except as provided in Section ~~5‑603.2~~ 5-603.1.

(3) For any person to conduct carry on or engage in the business of plumbing contracting without having first obtained a valid, current Plumbing Contractor's License from the City of Lawrence.

(4) For any person holding a current, valid contractor's license to employ any other person or persons to perform any plumbing work in the City of Lawrence which requires a plumbing license who does not hold a current, valid plumbing license from the City of Lawrence as required by Section 5‑602.7.

(5) For any person to perform any plumbing work in the City of Lawrence which requires a plumbing license without first having obtained a current valid plumbing license from the City of Lawrence as required by Section 5‑602.7 or Chapter 5, Article 12 of the City Code.

(6) For any person to employ any individual as an apprentice, as defined in Section ~~5‑602.7~~ 5-602(6) of this ~~ordinance~~ Article, to perform any plumbing work in the City of Lawrence without providing the proper supervision as defined in Section ~~5‑602.7~~ 5-602(6). Not more than two (2) apprentices will be supervised by one (1) licensed plumber at the same time.

(7) For a person or persons through negligence or indifference to knowingly create a plumbing hazard and/or allow a plumbing hazard to exist.

(8) For a person or persons through negligence or indifference to knowingly create a plumbing hazard and/or allow a plumbing hazard to exist that results in property damage or personal injury.

(9) To violate any other provision of this ordinance.

Section 18. Chapter 5, Article 6, Section 5-602.3 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5-602.3. APPLICATION FOR CERTIFICATE OF QUALIFICATION.

Any person, firm or corporation required by this Code to possess a certificate of qualification or registration shall make application therefor to the ~~Board of Plumber and Gas Fitter Examiners and/or their secretary~~, Neighborhood Resources Department on ~~application blanks~~ forms provided for that purpose ~~by the secretary of the Board~~ and pay the fee as hereinafter provided.

Section 19. Chapter 5, Article 6, Section 5-602.4 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5‑602.4 BOARD OF PLUMBER AND GAS FITTER ~~EXAMINERS~~ APPEALS.

(1) The Board of Plumber and Gas Fitter ~~Examiners~~ Appeals shall be under the department having jurisdiction provided by law and unless otherwise provided for shall consist of five (5) members: two (2) qualified plumbing contractors; two (2) qualified licensed plumbers; one (1) member from the local gas utility; or one member from the public at large. One (1) member of the Department shall act as Secretary and serve as an ex officio member.

(2) The Board shall be appointed by and serve at the pleasure of the authority empowered to appoint such boards upon the adoption of this Code.

(3) The members of the Board shall serve for three (3) years unless sooner removed for cause. One (1) or more members' term(s) shall expire each year.

(4) The Board shall keep an accurate record of all its official transactions and render such reports and statistics as the Department having jurisdiction may require and direct.

(5) The Board shall elect annually a Chair, and Co‑chair from the members who shall preside at all meetings. The members shall adopt such rules and regulations as they see fit for the proper and efficient discharge of their official duties. The Board shall hold meetings monthly and at additional times as deemed necessary by the Board.

Section 20. Chapter 5, Article 6, Section 5-602.5 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5-602.5 DUTIES OF THE BOARD OF ~~EXAMINERS~~ APPEALS.

(1) ~~The Board of Plumber and Gas Fitters Examiners~~ and/or their secretary shall issue a certificate of competency or registration to such persons as may be entitled thereto and conduct examinations for the purpose of determining the competency and knowledge of plumbing, gas fitting and drainage work of persons who are required by this Code to take such examinations. The Board of Examiners shall determine the character of the examination to be given any applicant and by majority vote accept or reject such application upon his or her showing as the case may be.

(2) It shall be the duty of the Board to act as a Board of Appeals in making a correct determination of any appeal arising from actions of the administrative authority.

(a) Any owner, or agent thereof, desiring to appeal from any notice and order or any other section enforced by the administrative authority under this ~~Code~~ Article may do so by filing at the office of the Department, within thirty (30) days from the date of the service of such order, a written appeal containing:

(1) A heading with the phrase: "Before the Board of Plumbing and Gas Fitters Appeals of the City of Lawrence, Kansas."

(2) A caption reading: "Appeal of . . ." giving the names of all appellants participating in the appeal.

(3) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.

(4) A brief statement, in ordinary and concise language of that specific order or action protested, together with any material facts claimed to support the contentions of the appellants. Only those matters or issues specifically listed by the appellant shall be considered in the hearing of the appeal.

(5) A brief statement, in ordinary and concise language, of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside.

(6) The signatures of all parties named as appellants and their official mailing addresses.

(7) The same sworn statement (under penalty of perjury) of at least one appellant as to the truth of the matters stated in appeal.

(b) Processing Appeal. The administrative authority shall forward any appeal filed in the office of the Codes Enforcement Division of Neighborhood Resources Department to the Board of Plumber and Gas Fitters Appeals.

(c) Scheduling and Noticing Appeal for Hearing. After receiving the written appeal, the Board of Plumbers and Gas Fitters Appeals shall set a date, time, and place for the hearing of the appeal. Such date shall not be more than seven (7) days from the date the appeal was filed with the administrative authority. Written notice of the time and place of the hearing shall be sent to each appellant by the secretary of the Board either by personal delivery or by mailing a copy to the address shown on the appeal.

(d) Disposition by the Board.

(1) The appellant shall cause to be made, at his or her own expense, any tests or research required by the Board to substantiate his claims.

(2) After hearing the evidence, the Board shall reach a decision on the appeal within five (5) days. A copy of the decision and the reasons therefor shall be delivered to the appellant personally or sent by certified mail, postage prepaid, return receipt requested.

(e) Failure of any person to file an appeal as set out above shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or to any portion thereof.

Section 21. Chapter 5, Article 6, Section 5-602.6 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby repealed:

5-602.6 ~~APPLICATION FEE.~~

Every person applying initially for a certificate of competency or registration shall pay to the Secretary of the Board of Plumber and Gas Fitter Examiners at the time of making application a processing fee in an amount established by the Director of the Neighborhood Resources Department.

Section 22. Chapter 5, Article 6, Section 5-602.7 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5-602.7 ISSUANCE OF CERTIFICATE OF COMPETENCY.

The ~~Board of Plumber and Gas Fitter~~ ~~Examiners and/or their secretary~~ Neighborhood Resources Department shall issue certificates of competency or registration pursuant to the requirements of the state statutes of Kansas providing for the examination, certification and licensing of plumbers and gas fitters and the following provisions:

(1) Master plumber or master gas fitter certificates of competency or registration shall be issued to such persons that make application for such certificates, pay the required fee and successfully pass the examination designated by K.S.A. 12-1508 and amendments thereto ~~conducted by the Board of Plumber and Gas Fitter Examiners~~. In lieu of an examination, the Board may issue such a registration to such person that makes application therefor, pays the required fee and possesses and presents to the Board a valid certificate of competency or registration issued to him by any other governmental agency giving an examination, the scope and character of which, in the opinion of the Board, is at least equal to that given by the Board of Examiners.

(2) Journeyman plumber or gas fitter certificates of competency or registration shall be issued to such persons who make application therefor, pay the required fee and successfully pass the examination ~~conducted by the Board of Plumber and Gas Fitter Examiners~~ designated by K.S.A 12-1508. The Board may issue such registration to any person who makes application therefor, pays the required fee and possesses and presents to the Board a valid journeyman plumber's or gas fitter's certificate of competency or registration issued by any other governmental agency giving an examination, the scope and character of which, in the opinion of the Board, is at least equal to that given by the Board of Examiners.

(3) Passing Grade. The passing grade shall be a minimum score of 75% for all license categories.

Section 23. Chapter 5, Article 6, Section 5-602.10 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5‑602.10 FEES FOR CERTIFICATES OF REGISTRATION.

Plumbing Contractor ~~$200~~See Chapter 5, Article 12 of the City Code

Master Plumbers $20;

Master Gas Fitters $30;

Journeyman Plumbers $20;

Journeyman Gas Fitters $7.50.

Section 24. Chapter 5, Article 6, Section 5-602.11 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5‑602.11 FEES FOR RENEWAL OF CERTIFICATES.

~~Plumbing Contractors $50~~;

Master Plumbers $10;

Master Gas Fitters $15;

Journeyman Plumbers $10;

Journeyman Gas Fitters $3.

All certificates of registration, except certificates, which have been nullified, may be renewed from year to year upon request and payment of the required renewal fee shown herein, if received on or before December 31st of each year. If not received by December 31st, it may be done so by the end of regular office hours on the last working day of January of the New Year at double the renewing fee. All certificates not renewed before the last working day of January shall become null and void and shall be of inactive status. Reapplication by the person shall be mandatory to regain active status.

Section 25. Chapter 5, Article 6, Section 5-602.12 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5-602.12 BOND.

Every person engaging in or working at the business or trade of plumbing and/or gas fitting in the city as a plumbing contractor or master gas fitter shall, before so engaging in or entering upon any job of plumbing or gas fitting in the City, file with the City Clerk a corporate surety bond in the principal sum of $5,000 to be approved by the City Attorney as to form and by the Board of Commissioners to 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, his agents, servants or employees may cause by reason of engaging in the business of plumbing or gas fitting in the City, and further conditioned for a full compliance with the provisions of this Code and the prosecution of such business. The expiration dates where shown on a bond shall be December 31 and be renewable January 1 of each year.

EXCEPTION: Any gas utility company doing business under a franchise with the City shall not be required to secure a certificate or file a bond when engaged in the performance of duties, obligations or rights conferred upon such utility by the franchise. The employees and agents of the utility shall comply with the requirements of this Code in all respects when engaged in work required by the further provisions to be performed by gas fitters.

Section 26. Chapter 5, Article 6, Section 5-603.3 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5‑603.3 PERMIT ISSUANCE: Shall be amended by the addition of the following subsections:

(1) (103.3.6) Permits to do or cause to be done any work regulated by this Code may be issued only to a person holding a valid unexpired, unrevoked and unsuspended plumbing contractor or master gas fitter's certificate of qualification or registration as required by Section 5‑602.1 of this Article and under Chapter 5, Article 12 of the City Code, except when and as otherwise hereinafter provided in this Section.

(2) (103.3.7) Permits required by this Code may be issued to an owner to do any work regulated by this Code in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such dwelling and accessory buildings and quarters, and that the same are occupied by the owner. The owner shall personally purchase all materials and shall personally perform all labor in connection therewith.

(3) (103.3.8) A letter shall accompany the permit application stating that the owner is able to do the work, to pass all inspections, and will live in the dwelling for a minimum of one year from the date of the final inspection.

EXCEPTION: Permits required by this Code may be issued to Lawn Irrigation Contractors holding a certificate as a certified Cross-Connection Control Technician, provided the work to be done begins at the main valve of a lawn irrigation system, and is for the purpose of retrofitting an existing lawn irrigation system, which was installed prior to August 1, 1992, to bring the system into compliance with state and local law. CPVC, PE or PVC water pipe approved for potable water manufactured and installed to recognized standards may be used for retrofits.

Section 27. Chapter 5, Article 11, Section 5-1103.4 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5-1103.4 Section 118 is hereby enacted to read as follows:

118.1 License Required.

1. Any person engaged in the business of contracting to install, repair, replace, alter, or remodel any mechanical system or portion thereof must possess a valid City of Lawrence Mechanical Contractors license pursuant to Chapter 5, Article 12 of the City Code.

2. Any person who installs, replaces, alters, or remodels any mechanical system or portion thereof must possess a valid City of Lawrence Mechanical Master or Mechanical Journeyman license. For the work of a Mechanical Residential Journeyman as defined in Section 118.3, a license shall be required. For the work of a Mechanical Fireplace Contractor as defined in Section 118.3, a license shall be required pursuant to Chapter 5, Article 12 of the City Code . For the work of a Mechanical Fireplace Master as defined in Section 118.3, a license shall be required. For the work of a Mechanical Fireplace Journeyman as defined in Section 118.3, a license shall be required. For the work of a Sheet Metal Journeyman as defined in section 118.3, a license shall be required. It shall be deemed allowable for an individual who is not licensed to perform the work under the direct supervision of a mechanical licensee.

118.2 License Not Required.

1. A license is not required for work that is performed by the owner occupant of a property whose use is restricted to a single-family residence. The owner occupant shall agree to procure all of the required permits, conform to all of the applicable building Codes and ordinances, request all of the required inspections at the proper intervals and provide all the corrections as deemed necessary by the building official.

2. A license is not required for work that is performed by the owner, on behalf of the owner or the occupant of a business, multi-family dwelling complex, industrial, manufacturing, institutional, or governmental facility and the work involves service work to the mechanical system(s) and/or equipment which are part of such facilities.

118.3 License Requirements. A person, firm or corporation shall comply with all of the license requirements, to the satisfaction of the building official, prior to the issuance of a mechanical license. The requirements for Mechanical Contractors and Mechanical Fireplace Contractors are set forth in Chapter 5, Article 12 of the City Code. Only those certification examinations ~~recognized by the State of~~ ~~Kansas, as defined in K.S.A. 12-1543-43~~ designated by K.S.A. 12-1541, and amendments thereto, will be accepted by the City of Lawrence. For a person, firm or corporation seeking a City of Lawrence Mechanical Fireplace Masters License, the City of Lawrence will accept a passing score on the National Fireplace Institute certification examination. Work experience shall be verified by previous employers on forms provided by the Division of Building Inspection. Graduation or certification from an accredited college or vocational training institution in curriculum related to the installation and design of mechanical systems shall be accepted as additional substantiation of experience. (Ord. 7605)

1. A licensed Mechanical Contractor shall be a licensed Master or have as his or her employee a licensed Master on a full-time employment basis and shall have a valid Contractors License under Chapter 5, Article 12 of the City Code. Before the issuance of a contractor's license, the applicant shall submit the address of his place of business, business telephone number, the name of the designated master and other information as may be required on forms provided by the Codes Enforcement Division and shall pay all relevant fees. The contractor shall be ultimately responsible for the work completed under the auspices of a mechanical permit. Each licensed Mechanical Contractor shall provide proof of broad-form comprehensive, commercial general liability insurance, including independent contractor's coverage and product/completed operations in the amount of $300,000.00 per occurrence. Each contractor shall possess worker's compensation insurance as required by the laws of the State of ~~Kansas. The required insurance shall be in effect for the duration of the contractor's license. The contractor shall provide the City of~~ ~~Lawrence~~ ~~with a Certificate of Insurance and shall name the City of~~ ~~Lawrence~~ as the holder. Failure to renew the policy or cancellation of the policy shall be cause for immediate revocation of the contractor's license. If the contractor renews his required insurance, he may obtain a new contractor's license by providing evidence of current insurance coverage and remitting the license fee.

~~It shall be unlawful for any person, firm or corporation to conduct, carry on or engage in the business of mechanical contracting without first obtaining a City of~~ ~~Lawrence~~ ~~contractor's license~~.

2. Mechanical Master. A licensed Mechanical Master shall have a minimum of six (6) years of experience working in the trade of mechanical contracting or a minimum of three (3) years experience as a licensed Mechanical Journeyman within the trade and shall pass the master's certification examination or possess a mechanical license issued on the basis of having passed an approved certification examination. A Mechanical Master license holder shall be responsible for and supervise all the work activity and assure compliance with all of the applicable Codes and ordinances adopted by the City of Lawrence. In addition, the designated Mechanical Master must have direct contact with the job site.

3. Mechanical Journeyman. A licensed journeyman shall have a minimum of three (3) years experience working within the trade and shall have passed the Mechanical Journeyman’s certification examination or possess a journeyman’s license based on having passed an approved certification examination.

4. Mechanical Fireplace Contractor. A Mechanical Fireplace Contractor shall be a licensed Master or have as his or her employee a licensed Mechanical Fireplace Master on a full-time employment basis and shall have a valid Contractors License under Chapter 5, Article 12 of the City Code. Before the issuance of a contractor's license, the applicant shall submit the address of his place of business, business telephone number, the name of the designated master and other information as may be required on forms provided by the Code Enforcement Division and shall pay all relevant fees. The contractor shall be ultimately responsible for the work completed under the auspices of a mechanical permit. Each licensed Mechanical Fireplace Contractor shall provide proof of broad-form comprehensive, commercial general liability insurance, including independent contractor's coverage and product/completed operations in the amount of $300,000.00 per occurrence. Each contractor shall possess worker's compensation insurance as required by the laws of the State of ~~Kansas. The required insurance shall be in effect for the duration of the contractor's license. The contractor shall provide the City of~~ ~~Lawrence~~ ~~with a Certificate of Insurance and shall name the City of~~ ~~Lawrence~~ as the holder. Failure to renew the policy or cancellation of the policy shall be cause for immediate revocation of the contractor's license. If the contractor renews his required insurance, he may obtain a new contractor's license by providing evidence of current insurance coverage and remitting the license fee. Mechanical Fireplace Contractor work shall be limited to contracting, installation, service, and maintenance of factory-built fireplace systems.

5. Mechanical Fireplace Master. A licensed Mechanical Fireplace Master shall have a minimum of six (6) years of experience working in the trade of mechanical fireplace contracting and shall possess a current wood and gas fireplace certification issued on the basis of having passed an approved certification examination. A Mechanical Fireplace Master License holder shall be responsible for and supervise all the work activity and assure compliance with all of the applicable Codes and ordinances adopted by the City of Lawrence. The designated Mechanical Fireplace Master must have direct contact with the job site. (Ord. 7605, Ord. 7629)

6. Mechanical Fireplace Journeyman. A Mechanical Fireplace Journeyman shall have a minimum three (3) years experience working in the mechanical trade installing factory built fireplaces systems and have passed an approved fireplace certification examination or possess a license based on having passed an approved certification examination. Only those examinations developed by an independent nationally recognized testing, or educational institution, and approved by the Codes Enforcement Manager will be accepted by the City of Lawrence. Mechanical Fireplace Journeyman licensee work shall be limited to installation, service, and maintenance of factory-built fireplace systems.

7. Mechanical Residential Journeyman. A Mechanical Residential Journeyman shall have a minimum of three (3) years experience working in the mechanical trade, and shall pass the Mechanical Residential Journeyman certification examination or possess a Mechanical Residential Journeymen license based on having passed an approved certification examination. Mechanical Residential Journeyman licensee work shall be limited to work on one, two, and three family dwellings.

8. Sheet Metal Journeyman. A Sheet Metal Journeyman shall have a minimum of (3) three years experience working within the trade, and shall pass the Sheet Metal Journeyman certification examination or possess a Sheet Metal Journeyman license based on having passed an approved certification examination. Sheet Metal Journeyman licensee shall be limited to the installation, fabrication, alteration, extension or repair of sheet metal work while employed by a licensed mechanical contractor.

118.4 License terms. The term of all licenses issued by the Division of Building Inspection shall expire on December 31 of each year unless the license is suspended, revoked, or canceled. All valid licenses except for those which have been suspended, revoked, or canceled, may be renewed from year to year if payment of the required renewal fee shown herein is received before December 31 of such year.

Grace Period. A license not renewed by December 31 may be renewed unless suspended, revoked, or canceled, if done so by the end of the last regular business day of January of the New Year. The fee for renewal during the "Grace Period" shall be doubled. All licenses not renewed during this grace period shall become null and void and shall be of inactive status.

TABLE NO. 3-A. 1-A Mechanical permit fees is amended to read as follows:

SCHEDULE OF LICENSE FEES

118.5 Fees of Origination license.

~~Mechanical Contractor $200.00 (Includes Shop Masters License)~~

See Chapter 5, Article 12

Mechanical Master $20.00

Mechanical Journeyman $20.00

Mechanical Fireplace Journeyman $20.00

~~Mechanical Fireplace Contractor $200.00~~

See Chapter 5, Article 12

Mechanical Fireplace Master $20.00

Mechanical Residential Journeyman $20.00

Mechanical Sheet Metal Journeyman $20.00

118.6 Fees for renewal of license.

~~Mechanical Contractor $50.00 (Includes Shop Masters License~~)

Mechanical Master $10.00

Mechanical Journeyman $10.00

Mechanical Fireplace Journeyman $10.00

~~Mechanical Fireplace Contractor $50.00~~

Mechanical Fireplace Master $10.00

Mechanical Residential Journeyman $10.00

Mechanical Sheet Metal Journeyman $10.00

Section 30. Chapter 5, Article 11, Section 5-1103.7 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5-1103.7 Section 215 is amended to include the following definitions: (Ord. 7629)

Master - is an individual who holds a license issued pursuant to this article evidencing such person to be qualified to control and have authority of all technical work performed under the authority of the contractor's enterprise. This will include but is not limited to the assurance of quality control and is responsible for compliance with all the applicable Codes, ordinances and regulations.

Mechanical Board - the governing body assembled to address matters concerning the Uniform Mechanical Code. This is to include ~~reviewing license applications and~~ reviewing licenses, except Mechanical Contractor or Mechanical Fireplace Contractor, for revocation or suspensions.

Mechanical Contractor - a person, firm or corporation that engages in the business of installing or servicing mechanical systems governed by the Uniform Mechanical Code licensed under Chapter 5, Article 12 of the City Code.

Mechanical Service - work which involves the repair, replacement, alteration, modification, relocation, remodel or maintenance of component parts and assemblies of a mechanical system or of mechanical equipment. Component parts and assemblies include, but is not limited to valves, thermostats, transformers, pilot assemblies, burner assemblies, safety controls, gauges, electrical relays, capacitors, resistors and other similar devices.

Section 31. Chapter 5, Article 11, Section 5-1103.8 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5-1103.8 Unlawful Acts.

It shall be unlawful for any person to do any of the following: (Ord. 7629)

(a) To perform or cause to perform any work that requires a permit without first securing the appropriate permit

(b) For a person or persons through negligence or indifference to knowingly create an unsafe condition and/or allow an unsafe condition to exist.

(c) To perform or cause to be performed, without a valid Mechanical Contractor’s License, any mechanical work which requires the services of a licensed Mechanical Contractor.

(d) For any person to conduct, carry, or engage in the business of mechanical contracting without having first obtained a valid Mechanical Contractor License pursuant to Chapter 5, Article 12 of the City Code.

(e) For any person holding a valid Mechanical Contractors License to employ any person or persons to perform any work requiring a license and who does not hold a valid license.

(f) For any person to perform work which requires a license without having first obtained a valid license.

(g) For any person to employ any person as an unlicensed worker to perform any work without providing proper supervision. Not more than two (2) unlicensed workers will be supervised by one (1) licensed person.

(f) To violate any other provision of this Article.

PASSED by the Governing Body this day of , 2006.

Mike Amyx, Mayor

ATTEST:

Frank S. Reeb, City Clerk

Approved as to form and legality:

David L. Corliss, Interim City Manager and

Director of Legal Services