ORDINANCE NO.          7988                

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS CONCERNING ELECTRICAL, PLUMBING, AND MECHANICAL CONTRACTORS, PROVIDING FOR THE LICENSING AND REGULATION THEREOF; AMENDING CHAPTER 5, ARTICLES 4, 6, 11, 12 AND 13 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2003 EDITION AND AMENDMENTS THERETO

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1.        Chapter 5, Article 12, Section 5-1206 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, is hereby amended to read as follows:

5-1206              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 $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 Neighborhood Resources Department with an original certificate of insurance verifying the insurance coverage required under this section. The City of Lawrence 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 Neighborhood Resources 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 $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 Neighborhood Resources Department with an original certificate of insurance verifying the insurance coverage required under this section.  The City of Lawrence 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 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 2.        Chapter 5, Article 12, Section 5-1207 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, is hereby amended to read as follows:

5-1207              CONTRACTOR LICENSES AUTHORIZED. 

There shall be four (4) five (5) separate classes of licenses authorized for contractors as provided in this Article.

Section 3.        Chapter 5, Article 12, Section 5-1211.1 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, is hereby enacted to read as follows:

5-1211.1 CLASS E, TRADE SPECIALTY CONTRACTOR, MECHANICAL, PLUMBING, ELECTRICAL (Requires six (6) years experience within the trade).

The annual Class E License fee shall be $200.00.  A Class A-C license shall not entitle the license holder to perform HVAC services, plumbing services, electrical services, fireplace contracting services or mechanical services.

MECHANICAL CONTRACTOR.  A class E Mechanical Contractor shall be a licensed Master or have as his or her employee a licensed Master 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 Codes Enforcement Division and shall pay all relevant fees. A Class E License shall entitle the holder thereof to perform HVAC services such as the installing or servicing mechanical systems.

PLUMBING CONTRACTOR.  A Class E Plumbing Contractor shall mean a person who has worked at the trade for a period of at least six (6) years, 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 License shall entitle the holder thereof to perform services such as the installing and servicing of plumbing systems.

ELECTRICAL CONTRACTOR.  A Class E Electrical Contractor shall be a certified master electrician or a firm employing a certified master electrician or a person licensed as a contractor prior to July 1, 1986.  A Class E License shall entitle the holder thereof to perform electrical services such as the installation and servicing of electrical systems.

FIREPLACE CONTRACTOR.  A Class E Mechanical Fireplace Contractor shall be a licensed Master or have as his or her employee a licensed Mechanical Fireplace Master 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 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 Fireplace Contractor work shall be limited to contracting, installation, service, and maintenance of factory-built fireplace systems.

Section 4.        Chapter 5, Article 12, Section 5-1214 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, is hereby amended to read as follows:

5-1214              EXAMINATIONS, LICENSE APPROVAL, AND ISSUANCE. 

Contractor applicants shall be licensed by satisfying one or more of the following provisions (a-d) (Ord. 7870)

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 (Heating, Ventilation and Air Conditioning contractors), and K.S.A. 12-1556 (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:

i. Class A License – 15 years or more experience

ii. Class B License – 10 years or more experience;

iii. Class C License – 5 years or more experience;

iv. Class D License – 5 years or more experience.

c. Hold a bachelor’s degree in engineering, architecture, or construction science from an accredited college or university;

d. Hold a provisional license (General, Building and Residential contractor only) and complete not less than 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 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 director that the qualifications of such applicants are equal to the qualifications of holders of similar licenses in the City of Lawrence 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 5.        Chapter 5, Article 12, Section 5-1214 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, is hereby amended to read as follows:

5-1301              CONTRACTOR LICENSING BOARD ESTABLISHED.

For the purpose of administering the provisions of Chapter 5, Article 12 of the Code of the City of Lawrence, Kansas, 2003 Edition and amendments thereto, adopted in Ordinance No. 7870, and amended by Ordinance No. 7988, and in order to establish and maintain a high standard of integrity, skill, and practice in the various construction fields, and to safeguard the life, health, property, and welfare of the public, the Lawrence City Commission hereby creates a Contractor Licensing Board (“CLB”) to consist of nine members to eight of which shall be appointed by the Mayor.  The member who is a certified code official of the City of Lawrence shall be designated by the Neighborhood Resources Department Director.  Prior to the initial appointment or subsequent expiration of any term of a CLB member, any person, professional society, or association interested in the construction industries to be regulated by Chapter 5, Article 12 as adopted in Ordinance No. 7870, may submit a list of names or persons of recognized ability who have the qualifications prescribed for CLB members.  The Mayor shall give consideration to the list of names submitted.

Section 6.        Chapter 5, Article 13, Section 5-1302 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, is hereby amended to read as follows:

5-1302              QUALIFICATIONS OF CLB MEMBERS.

The CLB shall, to the extent qualified individuals are willing to serve, consist of the following members:

a. One member shall be certified building code official of the City of Lawrence.

b. One member shall be licensed by the state of Kansas as an architect, civil or professional engineer.

c. One member shall be a licensed general contractor or an employee of such contractor.

d. One member shall be a licensed building contractor or an employee of such contractor.

e. One member shall be a licensed residential contractor or an employee of such contractor.

f. One member shall be from the general public of Lawrence.

g.          One member shall be a licensed electrical contractor or an employee of such contractor and shall at the time of appointment to the CLB be a member in good standing of the City’s Board of Electrical Appeals.

h.          One member shall be a licensed plumbing contractor or an employee of such contractor and shall at the time of appointment to the CLB be a member in good standing of the City’s Board of Plumbing and Gas Fitter Appeals.

i.           One member shall be a licensed mechanical contractor or an employee of such contractor and shall at the time of appointment to the CLB be a member in good standing of the City’s Board of Mechanical Appeals.

Every member, except the member from the general public, shall, at the time of the appointment, be active in the appointee’s profession or trade and have had at least five (5) years experience in such appointee’s profession or trade.

Section 7.        Chapter 5, Article 13, Section 5-1303 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, is hereby amended to read as follows:

5-1303              TERM. 

a. The term of office for CLB members shall be four years, except for the terms of the members first appointed of which two members shall serve for two years, two members shall serve for three years and two members shall serve for four years shall be as follows:

1. The member from the general public of Lawrence shall serve for four years;

2. The licensed general contractor of an employee of such contractor shall serve four years;

3. The licensed architect, civil or professional engineer shall serve three years;

4. The licensed building contractor or an employee of such contractor shall serve three years;

5. The licensed residential contractor or an employee of such a contractor shall serve three years;

6. The licensed electrical contractor or an employee of such a contractor shall serve two years;

7. The licensed plumbing contractor or an employee of such contractor shall serve two years;

8. The licensed mechanical contractor of an employee of such contractor shall serve two years.

            The City of Lawrence certified building code official’s term shall be at the discretion of the Neighborhood Resources Department Director.  Vacancies occurring before the expiration of a term shall be filled in the manner of the original appointment for the remainder of the unexpired term.  CLB members who have served a two, three, or full four-year term may be reappointed to a second four-year term.  CLB members shall serve no more than two (2) full terms with the exception of the Neighborhood Resources Department staff member, who shall serve at the discretion of the Neighborhood Resources Department Director.

b. The members of the CLB shall serve without compensation.

c. The members of the CLB shall, by majority vote, elect a member as chairperson, who shall be a licensed Contractor or an employee of a licensed contractor, and a vice-chairperson.  The Chairperson and vice-chairperson shall hold their respective offices for one year and may be re-elected for successive terms.  The Chairperson, or acting Chairperson, shall not vote on matters before the CLB except in the case of a tie vote.

d. The CLB may, in addition to the Contractor Licensing Board Rules and Regulations, adopt rules and regulations consistent with this Article to carry into effect the provisions hereof, and such rules and regulations shall be furnished to any person upon request.

e. The CLB may conduct disciplinary hearings relating to the limitation, suspension, or revocation of any license.  All hearings conducted by the CLB shall be in accordance with this Article and Sections 5-1219 and 5-1220 of Ordinance No. 7870, as amended.

Section 8.        Chapter 5, Article 13, Section 5-1306 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5-1306              QUORUM. 

Four Five members of the CLB shall constitute a quorum for the transaction of CLB business, including hearings.  Attendance at any meeting may be in person or by conference telephone.

Section 9.        Chapter 5, Article 4, Section 5-403 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5-403                ADMINISTRATION; GENERALLY.

(A)        Purpose. 

The purpose of these regulations is to provide a uniform standard for representatives of the City to administer the National Electrical Code and judge the installation of electrical systems; for persons appointed to the Board of Electrical Examiners and Appeals; for persons who perform or cause to be performed any electrical work within the City; and electrical systems installed in, on or about the buildings, structures and its premises located within the City's jurisdiction.  The purpose of these regulations is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of these regulations.

(B)        Scope.

The provisions of these regulations shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of any building or structure and any related apparatus thereto and any premises electrical systems.

(C)        Application to existing buildings.

(1)        General.  Buildings, structures and their electrical systems to which additions, alterations or repairs are made shall comply with all the requirements of all the technical codes adopted by the City. 

(2)        Additions and Alterations.  Additions to, or alterations of an existing electrical system shall be installed in compliance the current edition of the National Electrical Code as adopted by the City unless otherwise provided in these regulations. 

(3)        Repairs.  Repairs to electrical systems shall be made in accordance with Codes and standards applicable at the time of the original installation.  Repairs shall be considered as an item of maintenance as provided by these regulations.

(4)        Existing Installations.  Electrical systems lawfully installed at the time of the adoption of technical codes may continue its use and maintenance if the use and maintenance is in accordance with the original design and, in the judgment of the enforcing authority, no hazard to public health, safety or welfare has been created by such system. 

(5)        Moved Buildings.  Buildings moved to or relocated in the City shall conform to the current National Electrical Code as adopted by the City.

(6)        Historic Buildings.  Maintenance, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building, structure or landmark; and subject to city and state historic preservation ordinances and laws, may be made without conformance to all the requirements of the technical codes when authorized by the enforcing authority.

(D)        Definitions.

For the purpose of these regulations, certain terms, phrases, words and their derivatives shall be construed as specified in this Section.  Where terms are not defined in this Section, they shall be referred to the National Electrical Code and other technical codes adopted by the City.  Where terms are not found in this Section or technical codes, they shall have their ordinarily accepted meanings within the context with which they are used.  Webster's Third New International Dictionary of the English Language, Unabridged, shall be considered as providing ordinarily accepted meanings. Words used in the singular include the plural and the plural the singular.  Words used in the masculine gender include the feminine and the feminine the masculine.

Addition is an extension of an electrical system's service equipment, feeder or branch circuit.

Agent is the person who acts on behalf of and with the permission of a person owing property, firm, copartners, corporation, association, or combination thereof.

Alter or Alteration is any change or modification in a building, structure or an electrical system.

Contractors of Record is a person, firm, copartners, corporation, association or combination thereof who is authorized by the City to perform or cause to be performed work regulated by the technical codes adopted by the City; whom shall assume responsibility for the work allowed within the scope of the permit; and whom is designated on the permit issued by the enforcing authority.

Enforcing Authority is the officer authorized by the appointing authority to enforce the National Electrical Code and other technical codes, standards and laws adopted by this jurisdiction.

Maintenance, Electrical is the replacement of a permanently fixed device, lighting fixture, appliance or any utilization equipment or component thereof that does not increase or decrease the energy demand of a premises wiring system.  The relocation of a permanently fixed outlet, device, lighting fixture, appliance or any utilization equipment is not considered maintenance.  The replacement or relocation of cable or conductor, raceway, wireway or auxiliary gutter, cable tray and similar methods is not considered maintenance. 

National Electrical Code is the standard promulgated by the National Fire Protection Association, as adopted by this jurisdiction.

Owner is any person, firm or corporation having a legal or equitable interest in the property.

Permit is an official document issued by the enforcing authority authorizing performance of a specified activity.

Shall as used in these regulations is mandatory.

Systems are the assemblage of materials and/or equipment of which are subject to these regulations and technical codes.

Technical Codes are the National Electrical Code, Uniform Building Code, Uniform Mechanical Code and Uniform Plumbing Code, Uniform Fire Code, Uniform Housing Code and other technical codes adopted by this jurisdiction containing the provisions for design, construction, alteration, repair, removal, demolition, use, location, occupancy and maintenance of all buildings and structures.

(E)        Conflicting Provision.

Wherever conflicting provisions or requirements occur between these regulations, the technical codes and any other codes or laws, the most restrictive provisions shall govern. 

Where conflicts occur between the technical codes, those provisions providing the greater safety to life shall govern.  In other conflicts where life safety or fire safety are not involved, the most restrictive provisions shall govern.

Where in any specific case different sections within any of the technical codes specify different materials or methods of construction or other requirements, the most restrictive shall govern.  Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

Where conflicts occur between any specific provisions of these regulations and any administrative provisions in any technical code which is then applicable within this jurisdiction, the provisions most currently adopted shall prevail.

(F)        Alternate materials and methods of construction.

The use of alternate materials and methods of construction may be permitted by the enforcing authority as provided by the applicable technical code.

(G)        Modifications.

Modifications in construction and design may be permitted by the enforcing authority as provided by the applicable technical code.

(H)        Unsafe buildings, structures or systems.

All buildings or structures and their systems regulated herein and in the technical codes which are structurally inadequate, or have inadequate egress, or which constitute a fire hazard, or otherwise dangerous to human life are, for the purpose of this Section, unsafe.

Building systems regulated by technical codes, which constitute a fire, electrical, or health hazard, or life safety, or are otherwise dangerous to human life are, for the purpose of this Section, unsafe.  Any use of buildings, structures or their systems constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this Section, an unsafe use.

Any unsafe condition is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in these regulations and other regulations of the City Code.  An unsafe condition may result in the termination of the electrical source to the building or structure premises electrical system as determined by the enforcing authority.

(I)         Exemption.

The provisions of these regulations shall not apply to public service utility companies or their authorized representative in the performance of work in the distribution or metering of any public utility. 

Section 10.       Chapter 5, Article 4, Section 5-404 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5-404                ORGANIZATION AND ENFORCEMENT.

(A)        Authority.

(1)        Creation of Enforcement Agency.  There is hereby established in this jurisdiction a Code Enforcement agency which shall be under the administrative and operational control of the enforcing authority.

(2)        General.  Whenever the term or title "enforcing authority" is used herein or whenever the term or title "administrative authority," "responsible official," "chief inspector," "code enforcement officer,"  "authority having jurisdiction," or other similar designation is used in any of the technical codes, it shall be construed to mean the officials designated by the appointing authority of this jurisdiction.

(3)        Right of Entry.  Whenever necessary to make an inspection to enforce any of the provisions of these regulations and the technical codes, or whenever the enforcing authority has cause to believe there exists in any building or upon any premises a condition or code violation which makes the premises unsafe, the enforcing authority may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the enforcing authority by such codes, provided that if such building premises is occupied, he or she shall first present proper credentials and demand entry; and if such building or premises be unoccupied, he or she shall make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.  Should entry be refused, the enforcing authority shall have recourse to every remedy provided by the law to secure entry.

(4)        Stop Work Orders.  Whenever any work is being done contrary to the provisions of these regulations and the technical codes, the enforcing authority may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the enforcing authority to proceed with the work.

(5)        Standards for Judging Work.

(a)        All constructing, altering, adding to or repairing of buildings or structures or its systems and the materials and equipment used therefore, shall conform with the provisions of these regulations, the laws of the state, and with approved standards of safety for persons and property.  Conformity with the provisions of these regulations, the laws of the state and the provisions of the technical codes shall constitute the standards of good practice by which the enforcing authority shall judge work and materials.

(b)        The enforcing authority shall decide all questions not provided for in these regulations pertaining to the constructing, altering, adding to, or repairing of buildings or structures or its systems in accordance with his or her best judgment of what constitutes good practice based on the codes and ordinances of the City.

(6)        Defective and Unsafe Work.  When an installation shall be found not to comply with the provisions of these regulations or to be unsafe or defective, the enforcing authority shall at once notify the person doing the work of such finding or make written notice of the finding and post on or within the building, structure or premises. 

Every defective installation shall be corrected before a subsequent inspection will be made.  Should said person fail or refuse to change, rearrange or remove the work within a time prescribed by the enforcing authority, the enforcing authority may issue a stop work order to one or all contractors of record.

(7)        Occupancy Violations.  Wherever any building or structure of systems therein regulated by these regulations and the technical codes is being used contrary to the provisions of such codes, the enforcing authority may order such use discontinued by written notice served on any person causing such use to be continued.  Such person shall discontinue the use within the time prescribed by the enforcing authority after receipt of such notice to make the structure or portion thereof, comply with the requirements of these regulations.

(8)        Authority to Condemn Systems.  Where the enforcing authority determines a system is not an immediate hazard but ascertains that any systems regulated in the technical codes has become unsafe to life, health, property, he or she shall order in writing that such equipment either be removed or restored to a safe condition or whichever is appropriate.  The written notice shall fix a time limit for compliance with such order.  No person shall use or maintain a defective system after receiving such notice. 

When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefore shall be given within forty-eight (48) hours to the serving utility, the owner and occupant of such building, structure or premises.

When any system is maintained in violation of the technical codes and in violation of any notice issued pursuant to the provisions of these regulations, the enforcing authority shall institute any appropriate action to prevent, retrain, correct or abate the violation.

(9)        Authority to Prevent Connection or to Disconnect Utilities.  The enforcing authority shall have the authority to cause disconnection of any utility service or energy supplied to the building, structure or systems therein regulated by these regulations or the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property.  The enforcing authority shall whenever possible notify the serving utility, the owner and occupant of the building, structure, or systems of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of building structure or systems, in writing, of such disconnection immediately thereafter.

(10)       Authority to Disconnect Utilities Due to Fires, Explosions, or Other Disasters.  The enforcing authority, Fire Chief or authorized representatives may cause the disconnecting of utilities when deemed necessary in the interest of public safety.

(11)       Restoration of Building Systems after Disconnection.  No person shall make connections from any electrical source to a premises wiring system which has been disconnected or ordered to be disconnected by the enforcing authority or the use of which has been ordered to be disconnected until the enforcing authority authorized the re-connection and use of such system.

(12)       Liability.  The enforcing authority charged with the enforcement of these regulations and the technical codes, acting in good faith and without malice in the discharge of his or her duties, shall not thereby render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act or omission performed by him or her in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of these regulations, or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by this jurisdiction.

(B)        Appeal of Enforcing Authority’s Decision.

Any one aggrieved by the enforcing authority’s decision may appeal to the appropriate appeals board.

(C)        Board of Electrical Examiners and Appeals.

Where provisions apply generally to each board, the term "Board" in the singular or plural shall be used.

(1)        General.   A Board is established for the purpose of designating examinations for certification categories and designating standards and qualifications for the certification and licensing of electricians acting as an appeals board of persons aggrieved by a decision concerning  the National Electrical Code or other technical matter of the enforcing authority, or of persons who feel consider these regulations do not adequately cover a point in question; and act as a code committee recommending to the Governing Body any changes necessary for the adoption of technical codes and ordinances.

(2)        Board of Electrical Examiners and Appeals.

(a)        Established.  There is hereby created a Board of Electrical Examiners and Appeals.

(b)        Appointments. The members of the Electrical Board shall be appointed by the Mayor and with the consent of the Board of Commissioners of the City.  Upon adoption of this ordinance, two (2) electrical contractors, two (2) journey electricians, one (1) member of the Lawrence Fire Prevention Division, two (2) Lawrence citizens at large not employed in work regulated by the National Electrical Code nor an employee of the City.  The enforcing authority shall be an ex-officio member.

(3)        Terms.  The members of the Board shall serve for three (3) years unless resigned or removed under guidelines and by-laws it may adopt.  The initial appointment, however, shall be staggered so that no more than two (2) members' terms expire in the same year and the retiring members shall not be both contractors or both journey electricians.

(4)        Meeting of the Board.   The members of the Board, under such rules and regulations as they shall prescribe, shall hold meetings monthly and at additional times as deemed necessary by the Board for the purpose of the duties as set forth in this Section.  A chairman, elected annually from the members, shall preside at all meetings.  A representative from the enforcing jurisdiction shall keep records of all proceedings.

(5)        Duties.  The Board shall elect a chairperson and vice-chairperson.  Any action or recommendation of a Board must be by majority vote. The Board shall adopt in writing, a set of rules and procedures for testing and certification of applicants, conducting appeals hearings and recommending Code changes.  A copy of such rules and procedures shall be available for the public in the office of the enforcing authority.  The Board shall be given the authority to appoint recommending committees.  In conducting any business authorized by this Article, the Board shall be bound by the provisions of these regulations and any other ordinance or Code of the City.       

(D)        Appeals.

(1)        General.  To hear and decide appeals of orders, decisions or determinations made by the enforcing authority relative to the application and interpretations of the technical codes, the Board shall act as a board of appeals to pass upon matters pertaining to construction, repair and maintenance and who are not employees of the jurisdiction.

(2)        Limitations of Authority.  The Board shall have no authority relative to interpretation of the administrative provisions of these regulations or the technical codes nor shall the Board be empowered to waive requirements of either these regulations or the technical codes.

(3)        Application.  A person wanting to file an appeal to the Board shall make application to the enforcing authority on the form provided.  The enforcing authority shall transmit a copy of the application to each member of the Board and shall arrange for a hearing on the

points in question within thirty (30) days of the enforcing authority's receipt of the application.  Any person who filed the appeal and who feels the decision of a Board is arbitrary or in error, may appeal such decision to the Governing Body.  Such an appeal must be taken within thirty (30) days from the date of the decision of the Board.  (Ord. 6400)

Section 11.       Chapter 5, Article 4, Section 5-405 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5-405                CERTIFICATION AND LICENSING, GENERALLY.

(A)        General.

All persons or firms who are engaged in construction and/or a related trade and who work under any of the provisions of these regulations shall be certified and/or licensed under this Article, except that electrical contractors shall be licensed under Chapter 5, Article 12 of the City Code.

(B)        Definitions.

As used in this Article and elsewhere in the ordinances of the City, unless the context otherwise indicates, the terms used herein shall be as follows:

Apprentice.  Any person who is engaged in electrical work that requires a permit or inspection and does not possess a license provided by these regulations who performs electrical work.

Appliance or Utilization Equipment Installer.  An unlicensed person who installs or repairs appliances or utilization equipment including alarm systems, gasoline dispensing pumps, manufacturing equipment, water irrigation systems, elevators, garage door openers, etc. and similar equipment.

Certified.  An acknowledgment by this jurisdiction of a person's competency for licensing as provided by the State Statutes of Kansas.

Contractor, Electrical.  A certified master electrician or a firm employing a certified master electrician; or a person licensed as a contractor prior to July 1, 1986, who:

(a)        Undertakes with or for another to install, alter or maintain electrical systems and/or equipment within the City.

(b)        Possesses a valid electrical contractor's license issued by this jurisdiction pursuant to Chapter 5, Article 12 of the City Code.

(c)        Causes persons under his or her direction to install, alter, or maintain electrical systems or equipment within the City.

Install.  To assemble, or relocate, or make ready for use any material, equipment, appliance, or apparatus.

Journey, Electrician.  A person who:

(a)        Obtained a license prior to July 1, 1986, and possesses a valid license issued by this jurisdiction; or possesses a journey electrician certificate of competency.

(b)        Possesses a valid license issued by this jurisdiction.

(c)        Is employed by or works under the direction of an electrical contractor.

(d)        Installs electrical systems or supervises persons who install electrical systems within City.

Licensed.  An acknowledgement by this jurisdiction that person meets the criteria and has paid the required fees to practice the electrical trades.

Master Electrician.  A person who:

(a)        Possesses a master electrician certificate of competency and possesses a valid license issued by this jurisdiction.

(b)        Is employed by or works under the direction of an electrical contractor.

(c)        Installs electrical systems or supervises persons who install electrical systems.

Residential Electrician.  A person who:

(a)        Possesses a residential electrician certificate of competency.

(b)        Possesses a valid license issued by this jurisdiction.

(c)        Is employed by or works under the direction of an electrical contractor.

(d)        Installs electrical systems or supervises persons who install electrical systems in one and two family dwellings.

(e)        Is an apprentice on installations other than one and two family dwellings.

Trade.  An occupation or craft requiring dexterity and/or artistic skills in relation to the construction of a building, structure or system and its related equipment that is organic to its function. 

Section 12.       Chapter 5, Article 4, Section 5-406 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5-406                CERTIFICATION.

(A)        Certification required.

(a)        Certification is the accepted standard for licensure within this jurisdiction.  Unless specifically excepted elsewhere in these regulations, only persons so certified and who presents a certificate of competency, as provided by the State Statutes of Kansas to the enforcing authority shall be permitted to license in the electrical trade in the City.

(b)        The enforcing authority may issue certificates of competency as provided by the State Statutes of Kansas.  The enforcing authority may cease the issuance of certificates of competency as they see fit.

(B)        Examination.

(1)        General.  Any person seeking certification as an electrical contractor, master electrician, journey electrician, or residential electrician shall direct his or her inquiries to the enforcing authority.

(2)        Eligibility.  To be eligible to make application for examination and certification, an applicant shall have the practical experience as prescribed in this Section.

(a)        Master Electrician.  Six (6) years experience within the trade with layout, installation and supervisory experience.

(b)        Journey Electrician.  Three (3) years experience within the respective trade with installation experience.

(c)        Residential Electrician.  Two (2) years experience within the trade with installation experience in one and two family dwellings.

(d)        Education.  A degree in engineering conferred by an accredited college or university may be substituted for two and one-half (2.5) years of practicable 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.  The respective Board shall require verification of educational training.

(3)        Processing Fee.  A processing fee shall be paid to the enforcing jurisdiction and shall accompany every application for examination and certification.  The amount of the processing fee shall be established by the enforcing authority.

(4)        Application.  A person who seeks certification in the categories established in this Section shall submit written application on forms provided by the enforcing authority. Practical experience shall be verified.  Copies of trade licenses; union card; W-4 tax receipts; or statements from present and past employers written on company letterhead stationary and attested by a public notary shall accompany the application and certification form. The enforcing authority may reject an applicant's application and certification form if the information is illegible, incomplete or falsified.  The enforcing authority shall make notice (accept or reject) to the applicant not more than thirty-one (31) days from receipt of the completed application and certification form.  Applicants who receive rejection notices may again make written application upon satisfactorily meeting the criteria set forth by the enforcing authority.  Applicants who receive accepted notices may register with the examination preparer on forms provided by the enforcing authority.

(5)        Registration Forms.  The enforcing authority shall issue registration forms for examination, as provided by the exam preparers, in the categories provided by this Section.  The enforcing authority shall make every attempt to provide an exam candidate with the necessary information and registration forms in a reasonable time.  The enforcing authority 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. 

(6)        Passing Grade.  The passing grade for all certification categories shall be seventy-five percent (75%) or better.

(7)        Re-examination.  Candidates who do not pass a certification examination may make written application to the enforcing authority involving the administration of examinations.

(C)        Certificate of Competency.

A candidate who passes a certification examination shall be issued a certificate of competency as provided by the State Statutes of Kansas. 

Section 13.       Chapter 5, Article 4, Section 5-407 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto is hereby amended to read as follows:

5-407                LICENSING.

(A)        General.

This jurisdiction issues licenses for the purpose of authorizing and regulating persons to install, alter or maintain electrical systems and equipment within the City and to establish and maintain a register of persons who are authorized to perform work within the City.  Any person seeking licensure as an electrical contractor, master electrician, journey electrician, or residential electrician shall direct his or her inquiries to the enforcing authority.  Electrical contractors shall be licensed pursuant to Chapter 5, Article 12 of the City Code.

(B)        Required.

No person, other than a duly licensed contractor, shall engage in the electrical trades within the jurisdiction of the City with the exception of;

(a)        Any person who performs maintenance as defined by these regulations. 

(b)        Appliance and utilization equipment installers may connect an appliance or equipment to an electrical system's final branch circuit switching device.  The installation, modification or extension of a system, or the installation of a system means of connection for an appliance or equipment is subject to the permit and licensing requirements of these regulations.

(c)        Utility companies working within utility easement and other locations provided by technical codes.

(d)        Persons working within federal and state highway easements and right of ways.

(e)        Persons working with railroad right of ways.

(f)         Owner-occupants of a single family dwelling.

(g)        Installers of Class 1, Class 2, and Class 3 electrical systems, 50 volts nominal or less, A.C. or D.C. current.  This provision shall include installers of fire, burglar and similar alarm systems.

(C)        License Categories.

The following license categories are hereby established.  Additional allowances or limitations for the scope of work for a category shall be noted herein.

(1)        Electrical Contractor.  Unrestricted in the scope of undertaking the installation, alteration or maintenance of electrical systems and equipment.  Applicants for an electrical contractor license shall comply with the provisions of Chapter 5, Article 12 of the City Code.

(2)        Master Electrician.  May supervise an unlimited number of master and journey electricians.  May directly supervise not more than two apprentices.

(3)        Journey Electrician.  May supervise an unlimited number of master and journey electricians.  May directly supervise not more than two apprentices.

(4)        Residential Electrician.  May install electrical systems in one and two family dwellings.  May supervise an unlimited number of master, journey or residential electricians in the installation of systems in one and two family dwellings.  May directly supervise not more than two apprentices during the installation of systems in one and two family dwellings.  A residential electrician shall work within the scope of an apprentice when not working on systems in one and two family dwellings.

(D)        Qualification for Licensure.

Any person desiring to obtain a license provided in these regulations, shall first be certified in the respective category.

(E)        Application for Licensure.

Any person desiring any category of license provided by these regulations shall make application to and as prescribed by the enforcing authority.

(F)        Issuance.

(1)        Electrical Contractor.  The person desiring licensure shall comply with the provisions of Chapter 5, Article 12 of the City Code. make application, display personal identification and a master certificate of competency, file a five thousand dollar ($5,000) surety bond, and pay the required fees to the enforcing authority.

(2) Master, Journey and Residential Electrician.  The person desiring licensure shall make application, display personal identification and a certificate of competency, and pay the required fees to the enforcing authority.

(G)        Application for Licensure.

Any person desiring to obtain a license shall make application as prescribed by the enforcing authority.

(H)        Personal Identification.

A valid driver’s license or State issued identification card may be used as identification.

(I)         Certificate of Competency.

The person seeking licensure shall present the original certificate of competency.  The enforcing authority may verify the contents with the issuing jurisdiction.  The enforcing authority may request the person or issuing jurisdiction for additional information including examination score and examination date.

(J)         Bond.

Persons desiring to obtain a contractors license shall file a surety bond with the City Clerk, stating the company name, in the amount of five thousand dollars ($5,000), made payable to the City of Lawrence, with an annual expiration date of December 31.  Bonding companies form shall be used.

(K)        Fees.

The fees for licensing categories shall be in the amount of:

Contractor                                 Two Hundred Dollars ($200)See Chapter 5, Article 12 of the City Code.

Master                          Twenty Dollars ($20)

Journey                         Twenty Dollars ($20)

Residential                    Twenty Dollars ($20)

The enforcing jurisdiction shall issue the license holder a license card.  The license card shall state the expiration date and serve as official notice of the same.

(L)        Validity.

Every valid license shall remain in force and effect through the expiration date.  The 31st day of December of a year shall be the licensing expiration date.  Licenses not renewed on or before the 31st day of December shall expire.

(M)       Expiration.

Persons possessing an expired license shall immediately forfeit all privileges awarded to the respective licensing category.  Valid licenses may be renewed on or before the expiration date.  Expired licenses may be renewed under penalty.

(N)        Renewals.

Licenses shall be renewed each year.  Persons holding valid licenses may renew on or before the expiration date in the amount prescribed herein.

The fees for license renewals shall be in the amount of:

Contractor                     Fifty Dollars ($50)

Master                          Ten Dollars ($10)

Journey                         Ten Dollars ($10)

Residential                    Ten Dollars ($10)

(O)        Renewals Under Penalty.

Expired licenses may be renewed under penalty at a cost twice the amount of the license renewal fee for a period not to exceed thirty-one (31) days after the expiration date (January 31st).

(P)        Transfer.