ORDINANCE NO. 8557
AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS CONCERNING CHAPTER V, BUILDING AND CONSTRUCTION, LICENSING REQUIREMENTS; AMENDING CHAPTER V, ARTICLE 15, SECTIONS 5-1506, 5-1508, 5-1509, 5-1510, 5-1511, 5-1512, 5-1513, 5-1514, 5-1515, 5-1518, AND 5-1519; AMENDING CHAPTER V, ARTICLE 17, SECTION 5-1705; AND REPEALING THE EXSITING SECTIONS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION ONE: Chapter V, Article 15, Section 5-1506 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto is hereby amended and shall read as follows:
5-1506 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 one million dollars ($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, Kansas Planning and Development Services Department with an original certificate of insurance verifying the insurance coverage required under this section. The City of Lawrence, Kansas 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, Kansas Planning and Development Services 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 five hundred thousand
dollars ($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, Kansas Planning and Development Services Neighborhood
Resources Department with an original certificate of insurance verifying
the insurance coverage required under this section. The City of Lawrence,
Kansas 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, Kansas Planning and Development
Services 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 TWO: Chapter V, Article 15, Section 5-1508 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto is hereby amended and shall read as follows:
5-1508 CLASS A, GENERAL CONTRACTOR.
A Class A
License shall entitle the holder thereof to construct, remodel, repair, and demolish
any structure and perform work described as Class D, Building Specialties. The
annual Class A License fee shall be sixty-five dollars ($65) two
hundred dollars ($200). Qualifying parties with six (6) years of Class
A experience or who hold a Class B, Building Contractor license and have at
least ten (10) years of experience working as a Building Contractor shall be
eligible for examination for certification as a Class A, General Contractor. A
Class A License requires a minimum six (6) years of qualifying experience
within the industry.
SECTION THREE: Chapter V, Article 15, Section 5-1509 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto is hereby amended and shall read as follows:
5-1509 CLASS B, BUILDING CONTRACTOR.
A Class B
License shall entitle the holder thereof to construct, remodel, repair, and demolish
all structures not exceeding three stories in height and perform work described
as Class D, Building Specialties. A Class B License shall also entitle the
license holder to perform non-structural remodeling, tenant-finish, and repairs
of all structures. The annual Class B License fee shall be sixty-five
dollars ($65). two hundred dollars ($200). Qualifying parties
who have four (4) years of Class B experience or who hold a Class C,
Residential Contractor license and have at least six (6) years of experience
working as a Residential Contractor shall be eligible for examination for
certification as a Class B, Building Contractor. A Class B License
requires a minimum four (4) years of qualifying experience within the industry.
SECTION FOUR: Chapter V, Article 15, Section 5-1510 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto is hereby amended and shall read as follows:
5-1510 CLASS C, RESIDENTIAL CONTRACTOR.
A Class C
License shall entitle the holder thereof to construct, remodel, repair, and
demolish single family or duplex residences, buildings accessory thereto and
perform work described as Class D, Building Specialties. The annual Class C
License fee shall be sixty-five dollars ($65). two hundred dollars
($200). Qualifying parties who have at least two (2) years of Class C
experience or who hold a Class D, Building Specialty Contractor license and have
at least four (4) years of experience working as a Building Specialty
Contractor shall be eligible for examination for certification as a Class C,
Residential Contractor. A Class C License requires a minimum two (2)
years of qualifying experience within the industry.
SECTION FIVE: Chapter V, Article 15, Section 5-1511 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto is hereby amended and shall read as follows:
5-1511 CLASS D, BUILDING SPECIALTY CONTRACTOR, FRAMING AND CONCRETE.
The annual
Class D License fee shall be sixty-five dollars ($65). two hundred
dollars ($200.00). A Class D License shall entitle the holder thereof to
perform services as described below:
FRAMING CONTRACTOR. A Class D License shall entitle the holder thereof to perform such work for the framing of a structure or building, including bearing and non-bearing walls, and including any repair to any of the above. A Class D Framing License requires a minimum two (2) years of qualifying experience within the industry.
CONCRETE CONTRACTOR. A Class D License shall entitle the holder thereof to perform general concrete work to include the placing and erecting of steel or bars for the reinforcing of mass, pavement, flat and other concrete work. A Class D Concrete License requires a minimum two (2) years of qualifying experience within the industry.
SECTION SIX: Chapter V, Article 15, Section 5-1512 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto is hereby amended and shall read as follows:
5-1512 CLASS E, TRADE SPECIALTY CONTRACTOR, MECHANICAL, PLUMBING, ELECTRICAL AND FIREPLACE.
The annual
Class E License fee shall be sixty-five dollars ($65). two hundred
dollars ($200.00). A Class A-D C License shall not entitle
the license holder to perform HVAC services, plumbing services, electrical
services, or fireplace contracting services or mechanical services.
MECHANICAL
CONTRACTOR. A Class
E Mechanical Contractor shall be a certified licensed M master
mechanic or have as his or her employee a licensed Mmaster
mechanic 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 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 Mechanical Contractor License
shall entitle the holder thereof to perform HVAC services such as the installation
installing or servicing of mechanical systems. A Class E
Mechanical license requires four (4) years of field experience within the
mechanical trade or two (2) years as a certified journeyman within the
mechanical trade.
PLUMBING
CONTRACTOR. A Class
E Plumbing Contractor shall be a certified master plumber or have as his or
her employee a licensed master plumber on a full-time employment basis mean
a person who has worked at the trade for a period of at least four (4)
six (6) years, two (2) 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 Plumbing Contractor License shall
entitle the holder thereof to perform services such as the installation installing
and servicing of plumbing systems. A Class E Plumbing license requires four
(4) years of field experience within the plumbing trade or two (2) years as a
certified journeyman within the plumbing trade.
ELECTRICAL
CONTRACTOR. A Class
E Electrical Contractor shall be a certified master electrician or have as
his or her employee a licensed master electrician on a full-time employment
basis a firm employing a certified master electrician or a person
licensed as a contractor prior to July 1, 1986. A Class E Electrical Contractor
License shall entitle the holder thereof to perform electrical services
such as the installation and servicing of electrical systems. A Class E
Electrical License requires two (2) years as a certified journeyman within the
electrical trade.
FIREPLACE
CONTRACTOR. A Class
E Mechanical Fireplace Contractor shall be a certified Mmaster or
have as his or her employee a licensed Mmechanical Ffireplace
Mmaster 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 Development
Services 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 Ffireplace Ccontractor
work shall be limited to contracting, installation, service, and maintenance of
factory-built fireplace systems. A Class E Mechanical Fireplace License
requires four (4) years of field experience within the mechanical or mechanical
fireplace trade or two (2) years experience as a certified journeyman within
the mechanical or mechanical fireplace trade.
SECTION SEVEN: Chapter V, Article 15, Section 5-1513 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto is hereby amended and shall read as follows:
5-1513 APPLICATION FORM.
(A) APPLICATION FOR LICENSURE
1. The City of Lawrence, Kansas Development
Services Codes Enforcement Division shall receive and process
contractor license applications. In addition to the license fee, an
application fee of $65 shall accompany each original application. License
fees shall be paid without proration. No contractor license may be transferred
or assigned.
(B) APPLICATION FOR EXAMINATION AND CERTIFICATION
1. Examination.
a. General. Any person seeking to make application for examination and certification pursuant to this Article shall apply at the Planning and Development Services Department. The application fee for examination and certification shall be $50.
b. Eligibility. To be eligible, to make application for examination and certification, an applicant shall have the practical experience prescribed in this Section.
i. Class A Contractor. Applicants with a least six (6) years of Class A experience or who hold a Class B, Building Contractor license and have at least ten (10) years of experience working as a Building Contractor shall be eligible for examination for certification as a Class A, General Contractor.
ii. Class B Contractor. Applicants with at least four (4) years of Class B experience or who hold a Class C, Residential Contractor license and have at least six (6) years of experience working as a Residential Contractor shall be eligible for examination for certification as a Class B, Building Contractor.
iii. Class C Contractor. Applicants with at least two (2) years of Class C experience or who hold a Class D, Building Specialty Contractor license and have at least four (4) years of experience working as a Building Specialty Contractor shall be eligible for examination for certification as a Class C, Residential Contractor.
iv. Class D, Concrete. Two (2) years experience within the concrete industry.
v. Class D, Framing. Two (2) years experience within the framing industry.
vi. Class E, Mechanical, Electrical, Plumbing, Fireplace. See Section 5-1705 of Chapter 5, Article 17, Trade Licensing, and amendments thereto.
vi. Education. A degree in engineering conferred by an accredited college or university may be substituted for two and one-half (2.5) years of practical 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.
c. Application. A person who seeks certification in the categories established in this Article shall submit written application on forms provided by the Planning and Development Services Department. Practical experience shall be verified through the submission of copies of trade licenses; union cards; W-4 tax receipts; or statements from present and past employers verifying the practical experience that are written on company letterhead stationery and attested by a public notary. The evidence of practical experience shall accompany the application form. The Planning and Development Services Department may reject an applicant's application form if the information is illegible, incomplete or falsified. The Planning and Development Services Department shall provide notice to the applicant that his or her license has been accepted or rejected not more than thirty-one (31) days after receipt of the completed application form. Applicants who receive rejection notices may again make written application upon satisfactorily meeting the criteria set forth by the Planning and Development Services Department. Applicants who receive notices advising that they have been accepted may register with the examination preparer on forms provided by the Planning and Development Services Department.
d. Registration Forms. The Planning and Development Services Department shall issue registration forms for examination, as provided by the exam preparers, in the categories established by this Article. The Planning and Development Services Department shall make every attempt to provide an exam candidate with the necessary information and registration forms in a reasonable time. The Planning and Development Services Department 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.
e. Passing Grade. The passing grade for all certification categories shall be seventy-five percent (75%) or better.
f. Re-examination. Candidates who do not pass a certification examination may make written application for re-examination to the Planning and Development Services Department involving the administration of examinations. Each application for re-examination shall require an application fee.
2. Certificate of Competency. A candidate who passes a certification examination shall be issued a certificate of competency as provided by the Kansas Statutes Annotated and amendments thereto.
SECTION EIGHT: Chapter V, Article 15, Section 5-1514 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto is hereby amended and shall read as follows:
5-1514 RENEWAL OR REINSTATEMENT OF LICENSE.
(A) Every
contractor license shall be issued on a calendar year basis to expire on
December 31st of each year. A contractor shall be entitled to renew such
contractor’s license upon satisfaction of the requirements of this Article. A
license renewal application may be submitted to the City of Lawrence, Kansas Development
Services Codes Enforcement Division beginning on December first
through and including the last day of January without a late fee. Thereafter,
a seventy five dollar ($75.00) late fee shall be collected to offset
administrative costs incurred as a result of such later renewal. Unless an
expired license is renewed within one year of its expiration, the contractor
shall be required to make a new application and satisfy all the then-existing
contractor licensing requirements. License renewal applications shall be
mailed by the City of Lawrence, Kansas Development Services Codes
Enforcement Division no later than November first of each year to every
licensed contractor at the address provided by the contractor. The failure to
receive an application shall not excuse untimely license renewal.
(B) During
the annual renewal period, a licensed contractor that has completed the annual
requirement for continuing education may, upon the payment of a fee
sufficient to cover the expense of the annual continuing education, have
the contractor’s license declared inactive. No building permit shall be issued
to a contractor with an inactive license. The holder of an inactive license
may annually renew the inactive license upon the completion of all continuing
education requirements and the payment of the annual renewal fee. The holder
of an inactive license may obtain an active contractor’s license at any time
upon the payment of the required license fee.
(C) Any contractor whose license is suspended for any Code-related violation must provide satisfactory evidence to the Contractor Licensing Board (“CLB”) that the violation has been corrected in accordance with the applicable Code. Failure to provide such evidence may result in the revocation of the contractor’s license.
(D) When a contractor’s license is revoked, a new license shall not be granted until the contractor has first passed an examination as required by Chapter V, Article 15, and has provided the CLB with satisfactory evidence that a new license should be issued. If the contractor’s license was revoked as the result of a Code-related violation, such contractor may not be re-licensed unless the CLB determines that the violation has been corrected.
(E) Any contractor with delinquent fees shall make full payment to the City of Lawrence, Kansas prior to the issuance or renewal of a contractor license.
SECTION NINE: Chapter V, Article 15, Section 5-1515 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto is hereby amended and shall read as follows:
5-1515 EXAMINATIONS, LICENSE APPROVAL, AND ISSUANCE.
Contractor
applicants shall be licensed by satisfying one or more of the following
provisions (A-DE):
(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 and amendments thereto (Heating, Ventilation and Air Conditioning contractors), and K.S.A. 12-1556 and amendments thereto (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:
(1) Class A License – fifteen (15) years or more experience;
(2) Class B License – ten (10) years or more experience;
(3) Class C License – five (5) years or more experience;
(4) Class D License – five (5) years or more experience; or
(C) Hold a bachelor’s degree in engineering, architecture, or construction science from an accredited college or university; or
(D) Hold a provisional license (General, Building and Residential contractor only) and complete not less than thirty two (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 Building Official 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 Building Official director
that the qualifications of such applicants are equal to the qualifications of
holders of similar licenses in the City of Lawrence, Kansas 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 TEN: Chapter V, Article 15, Section 5-1518 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto is hereby amended and shall read as follows:
5-1518 FIRMS/QUALIFYING PARTY.
Under this
Article, a firm may obtain, in the firm’s name, a contractor’s license provided
that such firm has at least one full-time employee who is designated by the
firm as its qualifying party. The qualifying party must spend a minimum of
thirty (30) hours a week carrying out the work of the firm. Whenever a
building permit is issued in the name of a firm, the firm shall be subject to
these regulations and the jurisdiction of the CLB. The qualifying party shall
be the legal representative for the contractor relative to the provisions of
this Article. The designated qualifying party shall satisfy the requirements
this Article. A designated qualifying party shall not be a qualifying party
for more than one company, unless the companies have a common owner. When the
qualifying party terminates employment with the licensee, the Development
Services Codes Enforcement Division shall be notified in writing
within thirty (30) days of the disassociation and another qualifying party must
qualify within sixty (60) days. The qualifying party or parties are:
(A) Any individual contractor or copartner.
(B) Any employee of the contractor, applicant so long as said employee spends a minimum of thirty (30) hours a week carrying out the work of the firm.
(C) Any stockholder of a corporation who was an original incorporator or original stockholder as shown in the articles of incorporation.
A
contractor, including firms, may appoint, on forms provided by the City of
Lawrence Development Services Codes Enforcement Division, one or more
individuals who shall be authorized to obtain building permits on behalf of the
contractor. Such individuals are not required to be a licensed contractor.
SECTION ELEVEN: Chapter V, Article 15, Section 5-1519 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto is hereby amended and shall read as follows:
5-1519 CONTINUING EDUCATION.
The Planning
and Development Services Neighborhood Resources Department may
establish continuing education requirements, rules, and regulations for
contractors licensed under this Article. Every qualifying party shall complete
at least eight (8) hours of continuing education each calendar year. The Planning
and Development Services Neighborhood Resources Department shall
identify courses and education programs provided by governmental entities,
trade associations, contractor education providers, and others on the codes
adopted by the City of Lawrence, Kansas which satisfy the continuing education
requirements of this Section.
SECTION TWELVE: Chapter V, Article 17, Section 5-1705 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto is hereby amended and shall read as follows:
5-1705 EXAMINATIONS AND CERTIFICATION.
(A) Examination.
(1) General. Any person seeking to make application for examination and certification pursuant to this Article shall apply at the Planning and Development Services Department. The application fee for examination and certification shall be $50.
(2) Eligibility. To be eligible to make application for examination and certification, an applicant shall have the practical experience prescribed in this Section.
(a) Master. Four (4) years field experience, or two (2) years as a certified journeyman within the respective trade.
(b) Journeyman. Two (2) years field experience within the respective trade.
(c) Residential Electrical. Two (2) years field experience within the respective trade with installation experience in one and two family dwellings.
(d) Residential Mechanical. Two (2) years field experience within the respective trade with installation experience in one and two family dwellings.
(e) Sheet Metal Mechanical. Two (2) years field experience within the mechanical trade.
(f) Education. A degree in engineering conferred by an accredited college or university may be substituted for two and one-half (2.5) years of practical 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.
(3) Application. A person who seeks certification in the categories established in this Article shall submit written application on forms provided by the Planning and Development Services Department. Practical experience shall be verified through the submission of copies of trade licenses; union cards; W-4 tax receipts; or statements from present and past employers verifying the practical experience that are written on company letterhead stationery and attested by a public notary. The evidence of practical experience shall accompany the application form. The Planning and Development Services Department may reject an applicant's application form if the information is illegible, incomplete or falsified. The department having jurisdiction shall provide notice to the applicant that his or her license has been accepted or rejected not more than thirty-one (31) days after receipt of the completed application form. Applicants who receive rejection notices may again make written application upon satisfactorily meeting the criteria set forth by the department having jurisdiction. Applicants who receive notices advising that they have been accepted may register with the examination preparer on forms provided by the department having jurisdiction.
(4) Registration Forms. The Planning and Development Services Department shall issue registration forms for examination, as provided by the exam preparers, in the categories established by this Article. The Planning and Development Services Department shall make every attempt to provide an exam candidate with the necessary information and registration forms in a reasonable time. The department having jurisdiction 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.
(5) Passing Grade. The passing grade for all certification categories shall be seventy-five percent (75%) or better.
(6)
Re-examination. Candidates who do not pass a certification
examination may make written application for re-examination to the
Planning and Development Services Department involving the administration of
examinations. Should such candidate fail to pass a second time, the Planning
and Development Services Department may refuse a third application until the
expiration of six (6) months. Each application for re-examination shall
require an application fee.
(B) Certificate of Competency. A candidate who passes a certification examination shall be issued a certificate of competency as provided by the Kansas Statutes Annotated and amendments thereto.
SECTION THIRTEEN: Existing Chapter V, Article 15, Sections 5-1506, 5-1508, 5-1509, 5-1510, 5-1511, 5-1512, 5-1513, 5-1514, 5-1515, 5-1518, and 5-1519 and Chapter V, Article 17, Section 5-1705 of the Code of the City of Lawrence, Kansas, 2009 Edition and amendments thereto, are hereby repealed it being the intent that the provisions of this ordinance supersede the repealed code provisions.
SECTION FOURTEEN: Severability. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.
SECTION FIFTEEN: This ordinance shall take effect and be in force from and after its passage and publication as provided by law.
Passed by the Governing Body of the City of Lawrence, Kansas this ___ day of______, 2010.
APPROVED:
_______________________
Mike Amyx, Mayor
ATTEST:
_______________________________________
Jonathan M. Douglass, City Clerk
APPROVED AS TO FORM AND LEGALITY:
______________________________________
Toni Ramirez Wheeler, Director of Legal Services
Publish one time and return one Proof of Publication to the City Clerk and one to the Director of Legal Services.