CHAPTER IV. BUILDINGS AND CONSTRUCTIONCHAPTER IV. BUILDINGS AND CONSTRUCTION\Article 1. Licenses and Fees

It shall be the duty and obligation of the contractor or building owner performing the work as provided in 4-105 to secure the permit from the city clerk of the city.

(Ord. 1782; Code 2019)

Not permit as required by the city building, electric, plumbing or mechanical codes shall be issued until the fee prescribed shall have been paid, nor shall an amendment to a permit be approved until the additional fee, if any, due to an increase in the estimated cost of the structure shall have been paid. Failure to take out a permit prior to beginning construction will result in a doubling of the fee.

(Ord. 1782; Code 2019)

Whenever an application for a permit is made, the inspector may, if he or she finds it necessary to determine whether building work described in the application will comply with the laws pertaining to such work, require that the applicant files a written description or drawing of the proposed work as may be prepared for the purpose. If such drawing or description is insufficient for the purposes of determining whether a permit should be issued, the building official may require the applicant to file complete architectural and engineering plans and specifications for such building or any part thereof, as may be necessary for the inspector to determine compliance with the applicable codes. The filing of such plans and specifications and the approval thereof in connection with an application for a permit shall not in any way affect the authority of the city to deny or issue a permit or to inspect and work for conformity with this article.

(Ord. 1782; Code 2019)

(a)   No person, other than a duly licensed contractor, shall engage in any of the building trades within the limits of the City or the Council Grove Lake Park.

(b)   An annual licensing period of January 1 to December 31 is hereby established for building contractors, electrical contractors, mechanical contractors and plumbing contractors. However, commencing on January 1, 2023, the licensing period for framing, mechanical and plumbing contractors shall be biennial, and commencing on January 1, 2024, the licensing period for building and electrical contractors shall be biennial.

(c)   An application for a new license must be accompanied by the appropriate license fee(s), proof of liability insurance and a certificate showing that the applicant has passed a state accepted test for each license category (trade) that is to be listed on the license.

(d)   An application for a license renewal must be accompanied by the appropriate license fee(s), proof of liability insurance and a completed City of Council Grove form indicating that the applicant has completed the required amount of applicable Continuous Education for each license category (trade) that is to be listed on the license.

(e)   Failure to renew a license by January 31 following the year of expiration shall result in forfeiture of the license. The license will only be reinstated after the contractor has paid a late fee of fifty dollars ($50.00) and complied with all the requirements for a new license as set forth in this section.

(Ord. 1782; Ord. 2090; Code 2019; Ord. 2253; Ord. 2260)

The following license categories are hereby established and defined:

(a)   Building Contractor.

(1)   General - Having the necessary technical knowledge to properly plan and supervise the unlimited erection, alteration, addition, or repair of any building or structure.

(2)   Building - Having the necessary technical knowledge to properly plan and supervise the erection, remodel or addition to any building not exceeding three stories in height and non-structural remodeling of any building.

(3)   Residential - Having the necessary technical knowledge to properly plan and supervise the erection, remodeling, addition, repair or improvement of one-family and two-family dwellings.

(b)   Electrical Contractor

(1)   Master - Having the necessary qualifications, training, experience and technical knowledge to properly plan, layout and supervise the erection, installation, alteration, repair, relocation, replacement, addition to, or maintenance of electrical equipment and systems in any building or structure.

(2)   Journeyman - Having the necessary qualifications, training, experience and technical knowledge to install and repair electrical systems in any building or structure.

(3)   Residential - Having the necessary qualifications, training, experience and technical knowledge to properly plan, layout and supervise the erection, installation, alteration, repair, relocation, replacement, addition to, or maintenance of electrical equipment and systems in one-family and two-family dwellings.

(c)   Mechanical Contractor [Heating, Ventilation and Air Conditioning (HVAC)]

(1)   Master - Having the necessary qualifications, training, experience and technical knowledge to properly plan, layout and supervise the erection, installation, alteration, repair, relocation, replacement, addition to, or maintenance of HV AC equipment and systems in any building or structure.

(2)   Journeyman - Having the necessary qualifications, training, experience and technical knowledge to install and repair HV AC systems in any building or structure.

(3)   Residential - Having the necessary qualifications, training, experience and technical knowledge to properly plan, layout and supervise the erection, installation, alteration, repair, relocation, replacement, addition to, or maintenance of HVAC equipment and systems in one-family and two-family dwellings.

(d)   Plumbing Contractor

(1)   Master - Having the necessary qualifications, training, experience and technical knowledge to properly plan, layout and supervise the erection, installation, alteration, repair, relocation, replacement, addition to, or maintenance of plumbing equipment and systems (including gas), in any building or structure.

(2)   Journeyman - Having the necessary qualifications, training, experience and technical knowledge to install and repair plumbing systems (including gas) in any building or structure.

(3)   Residential - Having the necessary qualifications, training, experience and technical knowledge to properly plan, layout and supervise the erection, installation, alteration, repair, relocation, replacement, addition to, or maintenance of plumbing equipment and systems (including gas) in one-family and two-family dwellings.

(e)   Framing contractor - Having the necessary technical knowledge to fabricate and install any wood, metal or composites product in a structure including, limited to, rough framing, structural and nonstructural work, trusses, roofing, sheathing, doors and windows, staircases, and all hardware incidental thereto. A framing contractor may not contract for or install, maintain, repair or alter any concrete, masonry, or other work not specifically mentioned above. Further, the framing contractor may not act as a residential or commercial contractor or secure permits to build any structure.

(Ord. 1782; Ord. 2090; Code 2019; Ord. 2260)

All employees of a licensed firm, doing installation, construction, repairs and/or maintenance work for that firm, are considered to be apprentices unless they are individually licensed for the trade in which they are engaged. Apprentices hired by licensed firms must be registered with the city clerk. This registration shall acknowledge that the individual is an employee of the licensed firm and that the licensed film is responsible for their work performance. The registration shall also state the trade(s) in which the apprentice is working. Apprentices must be under the supervision of an individual who is licensed in the same trade. Employers shall provide apprentices not less than six hours annually of continuing education relative to construction, maintenance and code updates for the trade in which the apprentice is working.

(Ord. 1782; Ord. 2090; Code 2019)

The fee for registration required of an apprentice shall be as follows: $40.00 biennially.

(Ord. 1782; Ord. 2090; Code 2019; Ord. 2253)

The fees for the licenses required by this article shall be as follows:

(a)   Building Contractor.

(1)   General: $100.00.

(2)   Building: $80.00.

(3)   Residential: $60.00

(b)   Electrical Contractor.

(1)   Master: $100.00.

(2)   Journeyman: $80.00.

(3)   Residential: $60.00.

(c)   Mechanical Contractor.

(1)   Master: $100.00.

(2)   Journeyman: $80.00.

(3)   Residential: $60.00

(d)   Plumbing Contractor.

(1)   Master: $100.00.

(2)   Journeyman: $80.00.

(3)   Residential: $60.00

(e)   Framing Contractor: $100.00

In years when a new code is adopted, the City will sell any new codebook to those licensed in the City at cost.

License renewal shall require payment of the prescribed license fee on or before January 31 of the year of validity for a two year period as set forth in other provisions of the code. No fees shall be prorated even if some of the license period has lapsed when the license is issued.

(Ord. 1782; Ord. 2090; Code 2019; Ord. 2253)

(a)   All those electrical, mechanical, plumbing, general building contractors as defined by City Code Section 4-105(a)(1), and building contractors as defined by City Code Section 4-105(a)(2) are required to obtain not less than twelve hours biennially or six hours annually of continuing education relative to construction, maintenance and code updates. Contractors holding licenses for multiple building trades shall obtain the required annual training for each license category (trade), recognizing that some training is applicable to more than one trade. On and after January 1, 2026, if continuing education is a prerequisite to obtain a license, proof of completion of 12 Continuing Education Units (CEU) will be required for license renewal.

(b)   All those building, electrical, plumbing, mechanical, specialty and limited contractors applying for a new contractor’s license by the City are required to provide a certificate of competency indicating that he or she has successfully passed, with a minimum score of 75%, an examination designated by the State of Kansas as follows:

(1)   Building - Standard examinations promulgated and/or administered by the International Conference of Building Officials (ICBO), 6738 NW Tower Drive, Kansas City, Missouri 64151 (or its current address) or from Block and Associates, Florida Farm Bureau Building, 5700 SW 34th St., #1303, Gainesville, Florida 32608 (or its current address) are designated as the standard examinations for the determination of the competency of persons seeking licensure as general, building or residential contractors.

(2)   Electrical - Standard examinations promulgated and/or administered by International Code Council (ICC), the International Association of Plumbing and Mechanical Officials (IAPMO) or Prometric are designated as the standard examinations for the determination of the competency of persons seeking licensure as master, journeyman or residential electricians.

(3)   Mechanical - Standard examinations promulgated and/or administered by International Code Council (ICC), the International Association of Plumbing and Mechanical Officials (IAPMO) or Prometric are designated as the standard examinations for the determination of the competency of persons seeking licensure as master, journeyman or residential heating, ventilation or air conditioning mechanics.

(4)   Plumbing - Standard examinations promulgated and/or administered by International Code Council (ICC), the International Association of Plumbing and Mechanical Officials (IAPMO) or Prometric are designated as the standard examinations for the dete1mination of the competency of persons seeking licensure as master, journeyman or residential plumbers.

(5)   Framing - A certified test score 75% or higher on the ICC Kansas Framing Contractor (Exam ID: KGJ or 846) exam. The ICC National Standard Framing (F46, W46) exam may be considered if it can be verified to have a 75% or higher score and the exam outline precisely mirrors the outline content of ICC Exam ID: KGJ or 846. Other equivalent education can be approved by the City Inspector.

(Ord. 1782; Ord. 2090; Code 2019; Ord. 2253; Ord. 2260)

Before issuance of any contractor’s license, the contractor shall be required to furnish public liability insurance in the amount of not less than $500,000.00. Proof of such insurance shall be made annually by all contractors.

(Ord. 1782; Ord. 2090; Code 2019)

(a)   When work is done in a single-family dwelling used exclusively for living purposes, including the usual accessory structures in connection with a single-family dwelling and when such person is the owner of record of such dwelling and accessory buildings, and when such owner shall personally perform the principal labor in connection therewith, rather than act in a supervisory capacity. No owner shall use this section of the code to circumvent any part of the certification or licensing requirements. An owner occupant of a single-family dwelling may act as the general contractor when all subcontractors are licensed as required by this article.

(b)   When demolition of a structure is being done by the bona fide owner of record of land, and when such owner shall personally perform or supervise, by his or her immediate presence, the labor in connection therewith. However, the owner shall comply with any demolition bond requirements of the City.

The owner shall be required to furnish insurance as required in either of the following instances:

(1)   If such building or structure is more than two stories in height; or

(2)   If such building or structure is less than eight feet from the property line on a street side.

(c)   Building contractors performing construction involving the distribution, collection or metering of any public utility including municipal water and wastewater treatment plants and equipment facilities, provided that such construction has been designed by licensed engineers and a project engineer is on site full time for making all necessary inspections as a representative of the utility. Projects at these facilities not used for distribution, collection, or metering are not exempt from the provisions of licensing.

(Ord. 1782; Ord. 2090; Ord. 2123; Code 2019)

(a)   The license of any contractor may be suspended temporarily, for a period of not to exceed 30 days at any one time, by building inspector at his or her own discretion. Notice shall be given in writing to such contractor giving reasonable notice of a time of hearing of the complaint or the matter alleged against such contractor involving any one or more of the following:

(1)   Misrepresentation of a material act by applicant in obtaining a license;

(2)   Use of license to obtain a permit for another;

(3)   Failure or neglect to observe conditions of permit authorizing encumbering of streets or sidewalks for safety of public;

(4)   Performance of any construction work without a permit where one is required by law;

(5)   Willful or repeated violations of the construction laws, or failure to comply with any lawful order of the city inspector.

(b)   Any licensee may within 15 days appeal in writing to the building trades board from any order of the chief building official suspending his or her license for its final decision thereon. The building trades board must recommend to the governing body appropriate action. The gove1ning body may upon such hearing terminate such suspension within nor more than 30 days thereafter, or may revoke such license. If any license shall be revoked, the contractor shall not be eligible for a new license during a period of six months thereafter. No fee shall be refunded in event of the suspension or revocation of any contractor’s license.

(c)   It shall be unlawful to engage in the occupation or trade of contractor during the time any license of such contractor has been suspended or revoked.

(Ord. 1782; Ord. 2090; Code 2019)

Any person violating the terms or conditions of this article may be assessed a fine of not less than $100.00 nor more than $500.00 for each day of a violation of this article and may also be subject to an injunction from doing any work specified in this article within the City or at the Council Grove Lake Park.

(Ord. 1782; Ord. 2090; Code 2019)

(a)   The purpose of this section is to establish penalties for late fees to be assessed for late payments for plumbing, building, electrical and mechanical permits and for work orders for the City of Council Grove, Kansas.

(b)   Any payment not made timely shall be assessed a penalty of $3.00 or 3% of the amount owed, whichever is greater.

(c)   Should the City of Council Grove be required to resort to court procedures to collect amounts owed, any Court costs and reasonable attorney fees incurred by the City shall be assessed against the delinquent account obligor.

(Ord. 1981; Code 2019)

There is hereby created the position of Deputy City Inspector.

(Ord. 2135; Code 2019)