KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 040973 Introduction Date: 9/2/2004
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Sections 18-335 and 18-366, Code of Ordinances, to postpone the date by which existing residential building contractors must employ a residential building supervisor until November 1, 2005.

Legislation History
DateMinutesDescription
9/2/2004

Prepare to Introduce

9/2/2004

Referred Operations Committee

9/8/2004

Do Pass

9/9/2004

Assigned to Third Read Calendar

9/16/2004

Passed


View Attachments
FileTypeSizeDescription
040973.pdf Authenticated 220K 040973

Printer Friendly Version

ORDINANCE NO. 040973

 

Amending Sections 18-335 and 18-366, Code of Ordinances, to postpone the date by which existing residential building contractors must employ a residential building supervisor until November 1, 2005.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Sections 18-335 and 18-366, Code of Ordinances, are amended to read as follows:

 

Sec. 18-335. Supervisor required for licenses.

 

(a) Type and class of supervisor. Every licensed contractor under this division shall be required to employ a full-time supervisor who holds a certificate of qualification as follows:

 

Licensee Certificate

 

Demolition contractor class I Demolition supervisor class I

Demolition contractor class II Demolition supervisor class I or II

Electrical contractor class I Master electrician

Electrical contractor class II Master (limited) electrician or master electrician

Electrical contractor class III Electrical supervisor or master electrician

Elevator contractor class I Elevator supervisor class I

Elevator contractor class II Elevator supervisor class I or II

Fire protection contractor class I Fire protection supervisor class I

Fire protection contractor class II Fire protection supervisor class I or II

Fire protection contractor class III Fire protection supervisor class I or III

Gas-fired appliance contractor Gas-fired appliance supervisor or master plumber

Heating and ventilating contractor Heating and ventilating supervisor

Pipe fitting contractor Master pipe fitter

Plumbing contractor Master plumber

Refrigeration contractor Refrigeration supervisor or master pipe fitter

Residential building contractor Residential building supervisor

Sign contractor Sign supervisor

 

Exception: Residential building contractors legally in business prior to establishment of the residential building contractor license. For those residential building contractor license applications filed by any applicant who holds a valid Kansas City, Missouri, business license for construction and was properly registered with the State of Missouri, Office of the Secretary of State as a legal business entity prior to the date of passage of this ordinance, no residential building supervisor will be required to be employed or designated until November 1, 2005. Under this exception, the residential building contractor license will be issued with a condition of approval to employ a certified residential building supervisor and to designate such supervisor as described in this article prior to November 1, 2005.


(b) Designation of supervisor. An applicant for a contractor license may qualify with regard to the required supervisor in the following ways:

 

(1) If an individual, he may qualify by personal certification or by certification of a responsible managing employee.

 

(2) If a copartnership or a limited partnership, it may qualify by certification of a general partner or by certification of a responsible managing employee.

 

(3) If a corporation or any other combination or organization, it may qualify by the certification of a responsible managing officer or by certification of a responsible managing employee.

 

The supervisor shall be a full-time management employee of the licensed contractor and shall be responsible for exercising such full-time, active supervision and control of his employer's or principal's construction operations as is necessary to secure full compliance with the provisions of the various articles of this chapter and other ordinances and rules and regulations of the city.

 

(c) Change of supervisor. The contractor license shall be valid only as long as the named supervisor serves as the supervisor for only one contractor in an active, full-time capacity.

 

(1) Notification of disassociation. If the individual designated as supervisor for the licensed contractor ceases for any reason whatsoever to be connected with the individual or firm to whom the contractor license is issued or in any manner ceases to fulfill the full range of duties of the qualified supervisor even though he remains in the contractor's employ, the licensed contractor shall notify the director of codes administration in writing within ten days from such cessation.

 

(2) Effect of disassociation. If notice is given to the director of codes administration as required in subsection (c)(1) of this section, the contractor license shall remain in force until another supervisor is designated, but not to exceed 30 days from such notice. If the licensed contractor fails to notify the director of codes administration in writing within the ten-day period, the contractor license shall be automatically suspended at the end of that ten-day period. The contractor license shall be reinstated upon the approval of another supervisor.

 

(3) Designation of new supervisor. To replace a supervisor, the licensed contractor shall file with the director of codes administration an application, executed by the responsible managing employee of the firm, designating an individual to serve as supervisor as required by this code. The application shall be accompanied by the fee fixed by this code and shall state that the individual so serving is designated as the person responsible for work performed in the city.

 

Sec. 18-336. Certificates of qualification generally; examinations.

 

(a) Definition. A certificate of qualification is authority granted to an individual to perform and/or supervise certain skilled tradeswork and is issued by the director of codes administration upon successful completion of a written examination, provided that all applicable certification requirements have been met. A certificate of qualification is not transferable.

 

(b) Certificate required. Certificates of qualification shall be required for all types of work specified and classified in section 18-339.

 

(c) Examination required. Every supervisor required for a particular license shall be examined by the director of codes administration for conformance with established certification standards, including passage of the required third-party examination; and, if deemed qualified, shall be issued a certificate of qualification and shall be entitled to perform and supervise the work in the particular skilled trade for which he is qualified and certified. The certificate is an individual certificate and shall not be construed to be a license.

(d) Examination standards. The director of codes administration is authorized to make rules of procedure and to establish reasonable standards necessary for evaluation of certificate applicants. Examination standards shall be consistent with the purpose of this chapter, which is the protection of the public health and safety of the people of the city so that those who are approved under this division are qualified to supervise or perform the work for which they may be approved. The director of codes administration is authorized to set standards and examine supervisors in the following areas:

 

(1) Applicable portions of this chapter and other governing codes.

 

(2) Related technical knowledge.

 

(3) Related skills.

 

(4) Education.

 

(5) Experience.

 

Verification of information included on the application forms and references shall be included as part of this process. In addition, passage of written examinations prepared and administered by the City's third-party testing agency shall be required for certification.

 

(e) Application for certificate. Every applicant for a certificate of qualification shall fill out the form provided by the director of codes administration and shall pay an application fee as provided in section 18-20 of this code, at the time of filing. Such fee shall not be refundable. The application fee shall not apply on the certificate fee. The city and its departments shall be exempt from paying this fee. Certificate applications are valid one year from the date accepted for processing.

 

(f) Temporary certificate. At the discretion of the director of codes administration, he may issue a temporary certificate of qualification. Such certificate shall be in effect until the examination procedure is completed. The applicant shall be given consideration only when he has previously been certified by the city but not suspended, revoked, or disqualified.

 

(g) Examination fee. Each applicant taking an examination shall be charged an examination fee as provided in section 18-20 of this code.

 

(h) Issuance of certificate. After an applicant has successfully passed the examination, the director of codes administration shall make a final review of the applicant's qualifications and, if satisfied that the standards have been met, shall issue a certificate of qualification.

 

(i) Failure to pass examination. When an applicant has failed to pass the examination, he shall be so notified in writing by the director of codes administration.

 

(j) Right of appeal. In every instance that the director of codes administration disapproves the application of a candidate for a certificate of qualification, the applicant may appeal that adverse decision to the building and fire codes board of appeals in the manner provided in section 18-12.

 

_____________________________________________

 

Approved as to form and legality:

 

 

______________________________

William Geary

Assistant City Attorney