Memorandum

City of Lawrence

Planning & Development Services

TO:	Contractor Licensing  Board Building Code Board of Appeals
FROM:	Barry Walthall, Building Code Official
C:	Kurt Schroeder, Asst. Planning & Development Director – Development Services
Date:	September 13, 2013
RE:	Request for code change creating additional licensing category

Attached is a request from FlatSafe Tornado Shelters, LLC to consider adding a license classification for storm shelter installers.  The City Commission received this request at their meeting on August 6, 2013 and referred the request to the Contractor Licensing Board for recommendations.

Staff Analysis

Because the scope of services provided by FlatSafe Tornado Shelters, LLC is limited to installation of under-slab storm shelters, the applicant does not believe that the company falls within an existing license classification, and has requested that the City consider a license classification either specifically for storm shelter installers or a license category for “not otherwise specified” contractors.

To demonstrate eligibility for a Class A General Contractor, Class B Building Contractor, or Class C Residential Contractor license in accordance with Section 5-1515 of the City of Lawrence Code, a company must specify a qualifying individual who has achieved a certificate of competence from a nationally recognized testing institution or holds a bachelor’s degree in engineering, architecture or construction science from an accredited college or university.

Section 5-1515 also provides for a license to be issued based on reciprocity.  Under the reciprocity provision an applicant may be issued a license without written examination if the other jurisdiction provides for similar action (i.e. will issue reciprocal licenses to City of Lawrence licensed contractors without written examination), and the Building Official must be presented with satisfactory proof that the qualifications of such applicants are equal to the qualifications of holders of similar licenses in the City of Lawrence.  FlatSafe has provided a list of licenses held in other jurisdictions, but satisfactory proof that the qualifications required to obtain these licenses are equal to the qualifications of holders of similar licenses has not been presented.   The issue of whether the other jurisdictions provide for similar action has not been evaluated.  The City of Lawrence does not have reciprocity agreements with any of the jurisdictions on the list provided.

It may not be consistent with the purpose statement found in Section 5-1501 to issue Class A, B or C licenses to contractors that perform specialized work that requires only limited building code knowledge; specifically that: “The purpose of this Article is to ensure that all persons desiring to perform contracting work in this city be duly licensed to ensure capable and skilled craftsmanship utilized in construction projects…”  Such specialized contractors, if issued the standard classification licenses, would be eligible to obtain building permits for work they may not have the ability and knowledge to accomplish the goal of providing for capable and skilled craftsmanship.

Recommendation

Staff concurs that a change to the license regulations is warranted, and recommends that the Contractor Licensing Board and Building Code Board of Appeals recommend that the City Commission amend the City of Lawrence Code to create a new license category for a limited contractor’s license as follows:

5-1513 Class L LIMITED SPECIALTY CONTRACTOR

A Class L License shall entitle the holder thereof to perform work limited in scope as approved by the Contractor Licensing Board in accordance with Section 5-1515(G). The annual Class L License fee shall be sixty-five dollars ($65).

5-1515 Examinations, License Approval, and Issuance.

(G)  A Class L Limited Contractor License may be issued to a contractor applicant for work requiring building permits that is specialized in scope and does not fall within Class A, B, C, D, or E License categories. Applications for Class L Licenses shall be made to the Contractor Licensing Board, and the Board shall approve or reject the license application based, on credentials furnished to the Board in support of the license application that would demonstrate knowledge and ability to perform the specialized work for which the license is requested. The contractor applicant shall keep in force a policy of general liability insurance in accordance with Section 5-1506 "Class A, B, and C Contractors," or "Class D and E Contractors," as deemed appropriate by the Board.