Memorandum

City of Lawrence

Legal Services Department

TO:	David L. Corliss, Interim City Manager
FROM:	Toni Ramirez Wheeler, Staff Attorney
CC:	Debbie Van Saun, Assistant City Manager Victor Torres, Neighborhood Resources Department Director
Date:	April 4, 2006
RE:	Proposed Ordinance Amending Contractor Licensing Regulations to Add Trades

The attached ordinance amends Chapter 5, Articles 12 (Contractor Licensing Regulations) and 13 (Contractor Licensing Board) to bring the trades contractors in with the general, building, residential, and building specialty contractors.  A document containing Articles 12 and 13 with the amendments is also included for your convenience.  

In order to achieve the uniform regulation of contractors, the ordinance amends several provisions within the separate articles in Chapter 5 of the City Code that regulate the various trades to avoid conflicting provisions or unnecessary duplication.   In the process of reviewing the provisions of Chapter 5, Articles 4 (Electrical), 6 (Plumbing) and 11 (Mechanical), along with provisions of the corresponding technical codes, to prepare this ordinance, we have also taken this opportunity to correct errors, duplicative provisions, and to update the language to correspond with existing practices. 

The electrical and mechanical boards have requested that the electrical and mechanical contractor appointed by the mayor to serve on the Contractor Licensing Board in Chapter 5, Article 13, Section 5-1302 be a sitting member of the respective electrical and mechanical boards.  Due to logistical issues that accompany this request, staff has not reflected this requirement in the attached draft ordinance.  Staff discussion and Commission direction on this item will be requested.

The Neighborhood Resources Department trade advisory boards have approved the concept of the ordinance.  Legal services staff will attend regularly scheduled meetings of the advisory boards in April to review the draft ordinance with them.  The Electrical Board will meet on April 5^th, the Mechanical Board will meet on April 17^th, and the Plumbing Board will meet on April 19^th. 

The ordinance will be placed on a future City Commission agenda for adoption.  Staff will recommend a July 1 effective date, if the ordinance is passed.

A table summarizing the changes:

Code Section	Description
5-1206	Adds Class E contractors.
5-1207	Increases the separate classes of licenses from four to five.
5-1211.1	Defines and describes requirements for Class E trade specialty, mechanical, plumbing, electrical, and fireplace contractors.
5-1214	Specifies examinations for trade contractors.
5-1301	Clarifies that eight members of the CLB shall be appointed by the mayor;  the ninth member shall be a code official designated by the Neighborhood Resources Department Director.
5-1302	Adds a licensed electrical, plumbing, and mechanical contractor to the CLB.
5-1303	Modifies the terms of office for some CLB members.  The NRD staff member may serve more than two terms.
5-1306	Increases the quorum from four to five members of the CLB.
5-403(A)	Changes the name of the Board of Electrical Examiners and Appeals to the Board of Electrical Appeals to reflect actual duties.
5-404(C)	Removes language about the examination, testing, certification and licensing of electricians by the Board of Electrical Appeals because the Board does not have this responsibility today.
5-404(D)	Strikes redundant language.  This language is already set forth in a more appropriate section, Section 5-404(C)(2)(b) of the City Code.
5-405(A)	Clarifies that electrical contractors shall be licensed pursuant to the Contractor Licensing Regulations in Chapter 5, Article 12 of the City Code.
5-405(B)	Strikes “etc.” from a definition and replaces with “and similar equipment.”  Amends the definition of “Electrical Contractor” to refer to licensing requirements in Chapter 5, Article 12.  Amends the definition of “Install”
5-406(A)	Grammar change.
5-406(B)(3)	Strikes examination application processing fee.
5-406(B)(4)	Clarifies that the City’s duty to act on an application begins upon receipt of a completed application.
5-407 (A),(C)&(F)	States electrical contractors shall be licensed pursuant to Chapter 5, Article 12 of the City Code.
5-407(H)	A contractor may also use a State issued identification card.
5-407(J)	Removes bonding for electrical contractors (replaced with insurance requirements under Contracting Licensing regulations in Chapter 5, Art. 12).
5-407(K)	Refers to Chapter 5, Article 12 for electrical contractors’ license fees.
5-407(N)	Removes electrical contractors license renewal fee of $50 (an annual $200 fee will be charged under Chapter 5, Article 12).
5-411(c)	Clarifies that it is unlawful to perform work requiring an electrical contractor’s license, without a valid electrical contractor’s license.  As it currently reads, it is unlawful to perform the work period.
5-602(1)	Clarifies that plumbing contractors shall be licensed under Chapter 5, Article 12 of the City Code.
5-602(2)	Strikes requirement that plumbing contractors post a bond and refers to requirements in Chapter 5, Article 12 of the City Code.
5-602(4)	Strikes reference to an improper citation.
5-602.1	Changes the reference to entity issuing certificates of competency from the Board of Plumber and Gas Fitter Examiners to the Neighborhood Resources Department to reflect current practices.   Clarifies that plumbing contractors must have a valid plumbing contractor license pursuant to Chapter 5, Article 12 of the City Code.
5-602.2(2)	Corrects an inaccurate citation.
5-602.2(3)	Clarifies that to engage in plumbing contracting, a person must have a valid plumbing contractor’s license.
5-602.2(5)	Adds reference to Contractor Licensing regulations
5-602.2(6)	Corrects inaccurate citations.
5-602.3	Directs applications for certification to be made to the Department rather than the Board of Plumber and Gas Fitter Examiners to reflect current practices.
5-602.4	Changes the name of the Board of Plumbing and Gas Fitter Examiners to Board of Appeals to reflect actual duties.
5-602.5(1)	Strikes from the duties of the Board the responsibility of issuing certificates of competency, conducting exams, and determining the character of applicants to reflect current practices.
5-602.5(2)	Changes reference from “Code” to this “Article” because appeals relating to a contractor’s license will be directed to the Contractor Licensing Board, not the Board of Plumber Appeals.
5-602.6	Strikes the application fee requirement.
5-602.7	Replaces the reference to the Board of Examiners with Neighborhood Resources Department to match current practices.  Replaces the reference to exams developed by the Board with exams authorized by state statute (to comply with state law).
5-602.10	For the plumbing contractor’s fee, it directs the public to the contractor licensing provisions of the City Code.
5-602.11	Strikes the plumbing contractor’s renewal fee.
5-602.12	Strikes the bonding requirement for plumbing contractors.  Under the contractor licensing provisions, plumbing contractors will provide proof of insurance.
5-603.3	Clarifies that permits for plumbing work will not be issued unless the person holds a valid plumbing contractor’s license
5-1103.4	Clarifies that Mechanical and Mechanical Fireplace Contractors shall be licensed pursuant Chapter 5, Article 12.  Strikes a redundant clause covered elsewhere in the regulations regarding an unlawful act.  Strikes insurance requirements because they conflict with the requirements in Chapter 5, Article 12.  In the fee schedule, it directs readers to Chapter 5, Article 12 for Mechanical and Mechanical Fireplace Contractors.  It strikes renewal fees for these contractors.
5-1103.7	Amends the definition of the Mechanical Board to reflect current duties.  Amends the “mechanical contractor” definition to refer the reader to Chapter 5, Article 12.
5-1103.8	Clarifies that it is unlawful to perform work requiring a mechanical contractor’s license, without a valid mechanical contractor’s license.  As it currently reads, it is unlawful to perform the work period.