Memorandum

City of Lawrence

Planning & Development Services

TO:	David L. Corliss, City Manager
FROM:	Barry Walthall, Building Codes Administrator
C:	Scott McCullough, Director, Planning and Development Services; Kurt Schroeder, Assistant Director, Development Services
Date:	October 10, 2013
RE:	Request for Limited Contractor License

Please place on the October 15, 2013 City Commission Agenda the following:

Consider adopting on first reading Ordinance No. 8921, adding a Class L Limited Specialty Contractor license category in Chapter V, Article 15, Section 1512.1. The proposed new license category will allow contractors to obtain permits for work limited in scope to the specialty for which a license is approved.

Background:

On August 6, 2013, the City Commission considered a request from Debbie Davis of FlatSafe Tornado Shelters, LLC to create a new license classification for installation of a specific type of storm shelter. The City Commission referred the request to the Contractor Licensing Board for recommendations.

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.

Staff Analysis:

Contractors are required to be licensed by the City of Lawrence to be eligible to obtain building permits and perform work in accordance with Chapter V, Article 15 of the City of Lawrence Code. The currently existing license categories authorize contractors to obtain permits and perform work within a broad scope depending on the license category. A Class A licensed contractor may obtain a permit for construction of any type of structure; Class B license holders may construct buildings of any classification not exceeding three stories; and Class C contractors are limited to construction of one- and two-Family Dwellings.

This request for a specialized license category arises from a contractor that appears to be qualified to install “in garage/below ground” storm shelters, but does not possess the required credentials to obtain a Class A, B, or C contractor license. 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 is presented satisfactory proof that the qualifications of such applicants are equal to the qualifications of holders of similar licenses in the City of Lawrence.

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 perform capably in a craftsman-like manner. By creating a Class L Limited Specialty Contractor license category, the purpose of the code to ensure capable and skilled craftsmanship may be enhanced by: (1) providing for licensing specialty contractors that may be skilled in performing specific work; and (2) limiting the authorization to obtain permits of such contractors to work within their specialty.

Building Code Board of Appeals Review and Recommendation:

At a joint meeting on September 19, 2013 meeting, the Contractor Licensing Board and the Building Code Board of Appeals received a report with recommendations from staff and heard public comment. After discussion, the Contractor Licensing Board voted 8-0 and the Building Code Board of Appeals voted 4-0, to recommend that Chapter V, Article 15, Section 1512.1 be added, and Section 1515 be amended as follows:

5-1512.1 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 limited contractor 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 demonstrating 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.

Requested Action:

Staff requests that the City Commission adopt on first reading Ordinance No. 8921, which would amend Chapter V, Article 15, Section 5-1513 to correct an error in the Section number; add Section 5-1512.1 to create a Class L Limited Specialty Contractor category; and amend Section 5-1515 to establish parameters under which a Class L Limited Contractor License may be issued.