For the purposes of this article the following definitions shall apply:

“Electrical work” shall include the installation, replacement, repair or alteration of disconnect, service or control equipment or of permanent premises electrical wiring, lighting, fixtures and/or utilization equipment or devices not otherwise connected by approved attachment cord and cap.

“Electrical work” shall not include circuits and equipment operating at less than 50 volts, communication wiring or devices, or the repair of motors or utilization equipment.

“Employee” shall mean a person working for a licensed contractor in a relationship of employee/employer as described by federal tax definition. Employee shall not mean independent contractor or subcontractor as described by federal tax definition.

“HVAC mechanical work” shall include the installation, replacement, repair or alteration of any ventilation or exhaust system, chilled water system, hydronic, refrigerant, fuel gas or condensate piping, water heaters and boilers for both domestic hot water and space heating, refrigeration systems including electrical disconnecting means immediately adjacent to remote condensers, incinerators or other miscellaneous heat producing appliances or warm air heating systems whereby heating is accomplished by distributing heated air by forced or gravity circulation, or by radiation.

“HVAC work” shall not include the installation or repair of cooking or clothes drying equipment, fully self-contained permanently electrical heating and/or cooling appliances such as but not limited to, ice machines, ice cream machines, walk-in coolers and freezers without remote condensers and other similar appliances which require only electrical and/or water hookups.

“Licensed contractor” shall mean the holder of a contracting license as described in this article.

“Person” shall mean an individual, corporation, limited liability company, or partnership.

“Plumbing work” shall include the installation, replacement, repair or alteration of water, wastewater, vent, hydronic and fuel gas piping, water heaters and boilers for both domestic potable water and environmental heating and their vents, medical gas systems, plumbing fixtures and appliances.

“Plumbing work” shall not include the clearing of stoppages or the repair of plumbing appliances such as but not limited to dishwashers, garbage disposals, water softeners or ice machines.

“Skilled trade licensee” shall mean the holder of a master, journeyman or apprentice license as described in this article.

(Ord. No. 2010-2988, §§ 1, 2, 3-17-2010)

It shall be unlawful for any person to perform electrical work, plumbing work or HVAC mechanical work, or cause the same to be done, unless such person possesses or is employed by the possessor of a valid electrical, plumbing and/or mechanical contracting license issued by the city for the type of work being done.

(Ord. No. 2010-2988, §§ 1, 2, 3-17-2010)

(a)   Applicants for a contracting license must be licensed as a master in a skilled trade as described in sections 11-403 through 11-405 of this article for the applicable trade, or employ a person so licensed. For purposes of this requirement, a master cannot be employed by more than one licensed contractor.

(b)   Each licensed contractor shall procure and maintain in full force, for the duration of the license, public liability insurance, within the limits not less than the maximum liability for claims which could be asserted against the city, for any number of claims arising out of a single occurrence or accident under the Kansas Tort Claims Act, as amended. Each licensee shall also procure and maintain in full force for the duration of such license, worker’s compensation insurance as required by the State of Kansas. Proof of coverage for all required insurance shall be on file with the city at all times. Each insurance policy shall contain a clause requiring 30 days’ notice to the City of Concordia prior to revocation, reduction in coverage, restriction, or cancellation.

(Ord. No. 2010-2988, §§ 1, 2, 3-17-2010)

It is shall be unlawful for any person to engage in the trade or otherwise perform plumbing work, electrical work or HVAC mechanical work as defined in section 11-401 within or on any building or premises within the city without first having secured a master, journeyman or apprentice license for the trade at which they are laboring and being in the employ of a licensed contractor.

(Ord. No. 2010-2988, §§ 1, 2, 3-17-2010)

(a)   All skilled trade licensees who have been licensed by the City of Concordia prior to January 1, 2007, shall be eligible to renew their existing licenses without providing written certification of passage of a standard trade examination.

(b)   All applicants for a skilled trade license as a master or journeyman, who have not been licensed as such by the City of Concordia prior to January 1, 2007, or whose license has been revoked, must provide written certification of passage of the applicable standard trade examination prescribed by the State of Kansas with a minimum score of 75 percent.

(Ord. No. 2010-2988, §§ 1, 2, 3-17-2010)

(a)   Master. Before sitting for the standard examination prescribed by the State of Kansas, an applicant for a master certificate shall demonstrate that they have held a valid journeyman certificate for a minimum of two years if taking the electrical master exam. For the plumbing or heating, ventilation and air conditioning master certificate the applicant must show proof of having a valid journeyman’s certificate for a minimum of two years or having field experience for a minimum of four years.

(b)   Journeyman. Before sitting for the standard examination prescribed by the State of Kansas, an applicant for a journeyman certificate shall demonstrate documented proof of a minimum of two years of field experience. “Field experience” means working under the direct supervision of a person having a valid journeyman certificate or master certificate, or attending trade-related schooling. No more than one year of the field experience requirement may be satisfied by trade-related schooling. Any such schooling shall consist of a minimum of 240 hours classroom training.

(c)   Apprentice. Any person working as a plumber, electrician, or HVAC mechanic but who is not licensed as a master or journeyman, shall be licensed as an apprentice.

(Ord. No. 2010-2988, §§ 1, 2, 3-17-2010)

(a)   A master who is licensed by the city for the applicable skilled trade must supervise the work of all journeymen and apprentices.

(b)   A journeyman shall not labor at the trade in which they are licensed except under the supervision and direction of a master who is licensed by the city for the applicable skilled trade.

(c)   An apprentice shall not labor at the trade in which they are licensed except under the supervision and direction of a journeyman or master who is licensed by the city for the applicable skilled trade.

(Ord. No. 2010-2988, §§ 1, 2, 3-17-2010)

Effective January 1, 2010, applicants for issuance or renewal of a skilled trade license for plumbing, electrical or HVAC mechanical must verify completion of 12 hours biannually or six hours annually of continuing education hours of which six hours biannually or 3 hours annually shall consist of code education for the applicable skilled trade as prescribed by the State of Kansas.

(Ord. No. 2010-2988, §§ 1, 2, 3-17-2010)

Neither a contracting licenses nor a skilled trade license is required for:

(1)   Work performed by an owner of a single family dwelling being constructed or occupied exclusively as the owner’s dwelling, including the usual accessory buildings, provided the said owner personally purchases and installs all the material used in the construction, and adheres to all other city requirements for permits and inspections. This exemption does not apply if any owner of the dwelling has been issued another permit under this exemption for a different address within the preceding 12 months. All paid subcontractors hired by the owner must be licensed.

(2)   Any person operating a public utility under franchise with the city, or any employee thereof, in connection with providing services for said utility on equipment or property owned by the utility.

(3)   Work performed by any person working in or upon any building or premises owned and occupied by an agency of the state or federal government.

(Ord. No. 2010-2988, §§ 1, 2, 3-17-2010)

All contracting licenses or skilled trade licenses issued prior to January 1, 2008, shall expire on December 31, 2007. Thereafter a contractor’s license or skilled trade license shall expire on the 31st day of December of the second year following the year in which it was issued unless renewed on or before January 31 of the year following the year of expiration.

(Ord. No. 2010-2988, §§ 1, 2, 3-17-2010)

No licensee shall allow their license, by name or other identification, to be transferred, assigned, or used in any manner directly or indirectly, or for any purpose, by any person other than the licensee.

(Ord. No. 2010-2988, §§ 1, 2, 3-17-2010)

Each licensee must post or display the license in the public reception area of their place of business, if any or must have their license certification readily available at all times that the work is being performed.

(Ord. No. 2010-2988, §§ 1, 2, 3-17-2010)

(a)   The fee for a contractor’s license shall be .....$25.00

(b)   The fee for a master’s license shall be .....$25.00

(c)   The fee for a journeyman’s license shall be .....$25.00

(d)   The fee for an apprentice license shall be .....$10.00

(Ord. No. 2010-2988, §§ 1, 2, 3-17-2010)

(a)   A contracting license may be suspended by the city building inspector for:

(1)   Failure to pay the license fee required by section 11-413, or

(2)   Failure to maintain insurance as required by subsection 11-403(b).

(b)   Any such suspension will remain in effect until the failure is remedied.

(c)   A person whose license has been suspended may not work in the applicable skilled trade in any capacity while the suspension is in effect.

(Ord. No. 2010-2988, §§ 1, 2, 3-17-2010)

A skilled trade license may be suspended by the city building inspector for a period of not more than 30 days for failure to do trade work in accordance with city codes.

(Ord. No. 2010-2988, §§ 1, 2, 3-17-2010)

(a)   A contracting license or skilled trade license may be revoked by the city manager for any of the following:

(1)   Misrepresentation of a material fact in obtaining a license, or

(2)   Fraudulent use of a license, or

(3)   A willful violation or repeated violations of the technical codes and other related ordinances, or

(4)   Failure to comply with any lawful order of the building official,

(5)   Negligence in providing reasonable safety measures for the protection of workers and the public, or

(6)   Bad faith or unreasonable delay in the performance of work.

(b)   Any licensee whose license has been revoked shall be ineligible to apply for a license of the same kind for a period of one year after the date of revocation. A licensee whose license is revoked a second time shall be ineligible to apply for a license of the same kind.

(c)   A person whose license has been revoked may not work in the applicable skilled trade in any capacity while the revocation is in effect.

(Ord. No. 2010-2988, §§ 1, 2, 3-17-2010)

Any suspension or revocation of a license may be appealed to the governing body by filing a written notice of appeal with the city clerk within 20 days of the date of written notice of suspension or revocation. The appeal shall be heard by the governing body at their next regularly scheduled meeting. The governing body may amend, ratify, or nullify the suspension or revocation.

(Ord. No. 2010-2988, §§ 1, 2, 3-17-2010)

Violation of any provision of this article shall be a Class C violation as defined by section 1-8 of the Concordia Code.

(Ord. No. 2010-2988, §§ 1, 2, 3-17-2010)