Sec.2-951.
Establishment: membership; appointment of members.
That
an environmental management commission is hereby established which shall be
composed of 17 members appointed by the mayor.
Sec.
2-952. Chairman; term of office; vacancies.
(a) The
mayor shall designate one member as chairman of the commission.
(b) Each
member shall be a resident of the city and shall serve three-year terms
beginning August 1 and until their successors are appointed and qualified. An
appointment to fill a vacancy shall be similarly made, such appointee to serve
the remainder of the term of the commissioner succeeded. The initial commission
shall consist of the currently serving members of the existing environmental
management commission who shall continue to serve until the expiration of their
current terms.
Sec.
8-12. Air quality control board; appeals and variances.
(a) Air
quality control board; composition and appointment. There is hereby
established an air quality control board appointed by the mayor, which shall
consist of seven members. At least six members shall be residents of Kansas
City, Missouri. Members shall each serve for a term of three years beginning
August 1. The initial board shall consist of current members of the existing
board who shall continue to serve until the completion of their current
respective terms. Vacancies shall be filled by the mayor.
The
board shall appoint one of its members to serve as chairman.
The
chief of the air quality section shall act as secretary to the board to administer
its affairs and maintain its records, but shall have no vote.
A
representative from the city attorney's office shall attend all meetings at
which appeals or variances are considered.
(b) Powers
and duties of the board. The board shall have the following powers and
duties:
(1) To
review any order or other decision issued by the director to enforce this Code
upon its appeal and to sustain, reverse or modify the same;
(2) To
deny or grant variances upon terms and conditions it deems appropriate;
(3) To
continue hearings upon a showing of good cause for a reasonable period of time
not to exceed 60 days;
(4) To
grant extensions of time in which to comply with the provisions of this Code
for good cause shown;
(5) To
administer oaths and affirmations;
(6) To
issue subpoenas compelling attendance of witnesses and production of evidence;
(7) To
provide advice, guidance and assistance to the air quality program;
(8) To
recommend or review comprehensive plans or suggest revisions of existing plans
for the prevention, abatement and control of air pollution;
(9) To
review suggestions or make recommendations for the development of a public
information program; and
(10) To
undertake whatever other advisory functions the board may consider appropriate
or the director may request.
(c) Right
to appeal.
(1) Any
person adversely affected or otherwise aggrieved by an order or other decision
issued by the director to enforce this article shall have the right to appeal
that order or decision to the board. Such appeal must be taken within 15 days
after the date of receipt of the order or decision appealed by filing with the
director a written notice of appeal setting forth the grounds therefor and the
specific matters or issues to be considered upon appeal. A fee of $50.00
payable to the city treasurer must accompany the notice of appeal. Upon receipt
of a written notice of appeal and the appropriate fee, the director shall
promptly transmit the notice and all papers constituting the record upon which
the order or decision appealed from was based to the board. All or a portion of
this filing fee may be waived by the director for good cause shown.
(2) Except
in emergencies as set out in section 8-17, an appeal to the board stays
enforcement of the order or decision being appealed.
(3) Failure
of a person entitled to appeal to do so, or to timely file his/her notice of
appeal, shall constitute a waiver of his right to an administrative hearing;
and such person shall be estopped to deny the validity of the order or decision
which could have been timely appealed.
(4) An
appeal shall be set for a hearing not less than 30 days after the proper filing
of the notice of appeal, unless continued by the board.
(5) Subject
to the provisions of section 8-13 hereof, all hearings held by the board shall
be open to the public, and all testimony taken shall be under oath and recorded
stenographically. The board may require the submission of voluminous, detailed
or technical testimony in writing under oath. A transcript of the testimony so
recorded shall be made available to any member of the public or to any
participant in such hearing upon payment of reasonable charges for
transcription thereof.
(6) All
hearings shall be heard before four or more members of the board.
(7) Any
person aggrieved or who would be aggrieved by the emissions from the alleged
air contaminant source shall be entitled to appear to testify with respect to
such matter, subject to such restrictions and procedures as the board may
establish, but shall not be a party to such proceeding. In all appeals from any
order issued by the director, the person or persons to whom such order is
directed and the director shall be the parties in interest.
(8) Every
order by the board shall be in writing and approved by at least four members.
Every order shall state separately the findings of fact and conclusions upon
which the board based its decision.
(9) Upon
issuing its order, the board shall notify each party to the proceeding, in
writing, by certified mail. In cases in which any party is found to have
violated any provisions of this article, the order of the board shall fix a
reasonable time for such person or persons to take such measures as may be
necessary to prevent subsequent violation.
(d) Variances.
(1) Petitions.
Any person who owns or is in control of any air contaminant source may submit a
petition to the director for a variance from any section of this article
governing the quality, nature, duration or extent of discharge of air
pollutants from such source. The petition shall be accompanied by a $300.00 fee
made payable to the city treasurer and shall include the following information:
a. The
name, address and telephone number of the petitioner or other person authorized
to receive service of notice.
b. The
type of business or activity conducted at the site of the air contaminant
source and the street address at which it is conducted.
c. A
brief description of the article, machine, equipment or other contrivance or
process involved and the emission occurring therefrom.
d. The
signature of the petitioner or some person authorized to sign on the
petitioner's behalf. Where the person signing is not the petitioner, the
petition shall set forth that person's authority to sign.
e. The
section of this article from which the variance is sought.
f. Such
other information and data with respect to such air contaminant source as may
be required by the director of the board.
(2) Investigation.
The director shall promptly investigate such petition and submit it to the
board with a recommendation as to the disposition thereof.
(3) Grounds
for variance. The board may grant such variance if it finds that compliance
with the regulations from which the variance is sought would produce serious
hardship without equal or greater benefits to the public; and
a. The
emissions occurring or proposed to occur would not endanger human health or
safety; and/or
b. Interfere
with the attainment or maintenance of ambient air quality standards.
(4) Notice
of hearing. No variance shall be granted or denied until after notice of
its filing and the date of the hearing thereon is published in a newspaper of
general circulation within the county in which the source is located. Such
notice shall be published at least once not more than 20 days, nor less than 15
days, before the hearing date.
(5) Hearing.
A petition for a variance shall be set for a hearing not less than 30 days
after the filing of the petition, unless continued by the board.
(6) Renewal.
Variances may be granted for such periods of time and under such terms and
conditions as shall be specified by the board. Variances may be renewed by the
board upon application made at least 60 days prior to the expiration of the
term. Renewal applications shall be considered by the board and shall require
the same fee.
(7) Conditions.
Variances may be granted requiring a decrease of the emissions during the
variance period and the making of periodic reports on an improvement program
and on compliance with specific terms and conditions attached to the variance.
A variance may be revoked or modified for failure to comply with the terms
thereof or for failure to make a periodic report, if such is required.
(8) Emergencies.
Nothing in this subsection, and no variance or renewal granted pursuant hereto,
shall be construed to prevent or limit the application of the emergency
provisions and procedures of this article.
(e) Judicial
review of orders of the board. Orders of the board shall, without the
necessity for a motion for rehearing, be subject to judicial review pursuant to
the provisions of RSMo ch. 536.
Sec.
18-11. Building and fire codes board of appeals.
(a) Purpose;
general powers and duties.
(1) In
order to hear and decide appeals of orders, decisions or determinations made by
the director of codes administration relative to the application and
interpretation of this code and of orders, decisions or determinations made by
the fire director relative to the application and interpretation of the fire
code, there shall be and is hereby created the building and fire codes board of
appeals, referred to in this section as "the board."
(2) The
board shall adopt reasonable rules and regulations for its conduct as it may
deem necessary.
(3) The
board may recommend to the director of codes administration and the fire
director such new legislation as is consistent with the board's decisions.
(b) Procedure
for appeal of decisions relating to building code.
(1) Except
in emergencies, any decision of the director of codes administration in the enforcement
of this chapter may be appealed to the board by any person aggrieved by any
decision of the director of codes administration. Such appeal must be taken
within ten days from the date of the order or other ruling appealed by filing
with the director of codes administration a written notice of appeal setting
forth the grounds therefor. Before the board is called, the appellant shall pay
a fee required by section 18-18 of this Code, payable to the city treasurer.
The director of codes administration shall then transmit to the board all
papers constituting the record upon which action appealed from is taken.
(2) Except
in cases designated as emergencies, an appeal to the board stays all
enforcement of the determination from which the appeal is being taken.
(c) Procedure
for appeal of decisions relating to fire code. Except in emergencies, any
decision of the fire director in the enforcement of the fire code may be
appealed to the board by any person aggrieved in accordance with the provisions
of articles II and V of chapter 26 of the Code of Ordinances.
(d) Membership;
appointment of members.
(1) Membership.
a. The
board shall consist of 12 members and 12 alternates. Each member and alternate
shall be qualified by experience and training to pass upon matters pertaining
to building construction. Members and alternates shall not be employees of the
city.
b. Two
members and two alternates shall be professional engineers registered by the
state, one member and one alternate shall be architects registered by the
state, one member and one alternate shall be building contractors, one member
and one alternate shall be homebuilders, one member and one alternate shall be
representatives of labor, one member and one alternate shall be licensed mechanical
contractors, one member and one alternate shall be licensed electrical
contractors, one member and one alternate shall be licensed plumbing
contractors, one member and one alternate shall be licensed heating and
ventilating contractors, one member and one alternate shall be licensed fire
protection contractors, and one member and one alternate shall have permits to
operate protective signaling systems.
c. The
director of codes administration, or a representative of the director, shall
serve as secretary to the board. The city counselor or his representative shall
attend all meetings held by the board. The fire director or his representative
shall attend at least all meetings which are pertinent to the enforcement of
the fire code.
(2) Appointment
of members. Members and their alternates shall be appointed by the mayor
and shall serve for a term of four years; however, all members shall continue
in office until their respective successors shall have been appointed. The
Council upon recommendation of the mayor may remove members and alternates for
just cause upon written notice.
(e) Powers
and duties with respect to building code.
(1) The
board shall have the power to approve the use of alternate materials, equipment
and types of construction whenever in any specific case the board shall find
and determine that the application of a general rule or regulation governing
such use will, by reason of exceptional circumstances or conditions, constitute
a practical hardship; to hear and render decisions on all appeals from the
decisions of the director of codes administration; and to hear and render
decisions on appeals from the various examining committees created by this
chapter. The board shall further be empowered to interpret the intent of this
chapter in specific cases and to authorize responsible, minimum modification
from the literal provisions of the code where it is determined that such
modification is, for the purpose intended, at least the equivalent of that
prescribed in the code with respect to strength, fire resistance or safety. All
rulings and actions of the board shall be consistent with the spirit and intent
of this chapter.
(2) The
board shall have no authority relative to interpretation of the administrative
provisions of this code, nor shall the board be empowered to waive requirements
of this code.
(f) Powers
and duties with respect to fire code. The board shall have the powers and
duties as set forth in articles II and V of chapter 26 of the Code of
Ordinances, for the purpose of determining questions of fact as to the
acceptability and adequacy of alternate materials, equipment, methods of
preventing fires and promoting fire safety, and for providing for the review of
the decisions of the fire director in the interpretation of the fire code of
the city.
(g) Meetings.
The board shall fix a reasonable time for the public hearing of appeals, as
well as for due notice to the parties in interest, and decide the matter within
a reasonable time. Upon the hearing before the board, any party may appear in
person or by agent or by attorney. The hearings of appeals before the board
shall be transcribed. The transcript may be obtained from the court reporter at
the cost of the requesting party.
(h) Conflict
of interest. Members of the board shall conduct themselves in accordance
with section 2-1015.
(i) Decisions.
All decisions of the board shall be by a majority vote of the attending members
or their alternates, provided that a quorum is present. The attendance of five
members or their alternates shall be considered a quorum. All decisions of the
board shall be in writing and shall be filed with the director of records, with
a copy to the appellant, the director of codes administration and the fire
director.
Sec.
18-411. Examining committees.
(a) Generally.
Six examining committees are established, to be known as the electrical
examining committee, the fire protection examining committee, the heating and
ventilating examining committee, the operating engineers examining committee,
the pipefitting examining committee, and the plumbing examining committee. The
director of codes administration shall serve as the secretary of each examining
committee without voting privileges.
(b) Appointment
and qualifications of members; chairmen. The members of the examining
committees shall be appointed by the mayor to serve a term of four calendar
years. A member may be reappointed. The members of the examining committees
shall be residents of the city, and be persons of good reputation with at least
five years' experience in their respective field. Persons appointed to serve as
journeymen members shall have successfully completed an apprentice program
certified by the United States Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or Bureau of Indian
Affairs. Members of the examining committees may be removed by the council upon
recommendation of the mayor for just cause, upon written notice. Each
committee shall elect its own chairman at the first meeting of each calendar
year.
(c) Duties.
The examining committees shall have the following duties:
(1) Develop
nondiscriminatory qualifications for persons wishing to take the required
written examination, including but not limited to type and length of experience
necessary to adequately prepare a person for the certificate of qualification
sought. Such qualifications shall be consistent with the purpose of this
chapter, which is the protection of the public in general, so that those who
obtain a certificate of qualification meet the minimum requirements in terms of
their skills, knowledge, practical experience, and knowledge of pertinent law
to supervise or perform the work for which they may be certified.
(2) Develop,
with the assistance of the third-party testing agency, the scope of the
examination to adequately test an applicant's knowledge of applicable technical
portions of this chapter, related technical knowledge and related skills.
(3) Determine,
with the assistance of the third-party testing agency, an appropriate passing
grade for the examination to adequately gauge an applicant's minimum
qualifications for doing the work authorized by the certificate of
qualification sought.
(4) Determine
if continuing education requirements should be established as mandatory
requirements for the reissuance of a certificate of qualification, and, if such
requirements are appropriate, establish those requirements. The determination
of the propriety of continuing education requirements shall be based on the degree
of change in the specific technology regulated and the risks to the general
public should current educational efforts not be required. If continuing
education is established, only continuing education units complying with the
criteria established by the National University Extension Association shall be
acceptable.
(5) When
the director of codes administration is unable to determine if information
provided by the applicant complies with the established standards, review the
written applications and attachments of applicants to determine their
eligibility to take the examination for the certificate of qualification
sought, and state in writing any deficiency prohibiting the applicant from
taking the examination.
(6) Study,
and recommend to the city council, whether or not a system of reciprocity
should be established by which persons approved by other jurisdictions to do
work regulated by the city should be excused from fulfilling the requirements
of this division to obtain a certificate of qualification.
(7) Study,
and recommend to the city council, whether or not persons currently holding a
certificate of qualification should be required to pass the examination given
by the third-party testing agencies.
(d) Composition;
scope of authority. The qualifications and scope of authority for members
of the respective committees shall be as follows:
(1) Electrical
committee.
a. The
electrical committee shall be composed of:
1. Two
electrical contractors class I.
2. An
electrical contractor class III.
3. A
journeyman electrician.
4. An
architect registered by the state.
5. Two
professional engineers registered by the state.
6. A
public member not directly associated with the electrical industry.
b. This
committee shall be responsible for the examination of applicants for the
following certificates of qualification:
1. Master
electrician.
2. Master
(limited) electrician.
3. Electrical
supervisor.
(2) Fire
protection committee.
a. The
fire protection committee shall be composed of:
1. A
fire protection contractor class I.
2. A
sprinkler-fitting journeyman.
3. A
professional engineer registered by the state.
4. An
architect registered by the state.
5. A
public member not associated with the building industry.
b. This
committee shall be responsible for the examination of applicants for the
following certificate of qualification: fire protection supervisor class I.
(3) Heating
and ventilating committee.
a. The
heating and ventilating committee shall be composed of:
1. A
heating and ventilating contractor.
2. A
heating and ventilating journeyman.
3. A
professional engineer registered by the state.
4. An
architect registered by the state.
5. A
public member not associated with the building industry.
b. This
committee shall be responsible for the examination of applicants for the
following certificate of qualification: heating and ventilating supervisor.
(4) Operating
engineers committee.
a. The
operating engineers committee shall be composed of:
1. A
journeyman operating engineer.
2. A
plant operating engineer.
3. An
architect registered by the state.
4. A
professional engineer registered by the state.
5. A
public member not associated with the building industry.
b. This
committee shall be responsible for the examination of applicants for the
following certificates of qualification:
1. Fireman.
2. Plant
fireman.
3. Operating
engineer.
4. Plant
operating engineer.
5. Refrigeration
operating engineer.
(5) Pipefitting
committee.
a. The
pipefitting committee shall be composed of:
1. A
boilermaker.
2. A
pipefitting contractor.
3. A
journeyman pipefitter.
4. A
refrigeration contractor.
5. An
architect or professional engineer registered by the state.
6. A
public member not associated with the building industry.
b. This
committee shall be responsible for the examination of applicants for the
following certificates of qualification:
1. Master
pipefitter.
2. Refrigeration
supervisor.
(6) Plumbing
committee.
a. The
plumbing committee shall be composed of:
1. A
plumbing contractor.
2. A
journeyman plumber.
3. A
gas-fired appliance contractor.
4. A
professional engineer or architect registered by the state.
5. A
public member not associated with the building industry.
b. This
committee shall be responsible for the examination of applicants for the following
certificates of qualification:
1. Master
plumber.
2. Journeyman
plumber.
3. Gas-fired
appliance supervisor.
Sec.
19-11. Membership.
The
community video advisory board shall be composed of 16 members. The mayor shall
appoint thirteen residents of Kansas City, two from each council district and
one from the city at large to serve as chairman. A total of three members of
the community video advisory board, who shall serve without voting privileges,
shall be appointed by operators who have entered into a franchise agreements
with the city. In the event there is more than one operator with a franchise
from the city, then the franchised operators shall elect three members in the
manner described in the following sentences. Each franchised operator shall be
entitled to cast as many votes in such election as the result of multiplying
the number of that operator's subscribers in the city by three, and the total
number of votes an operator is entitled to cast may be cast for one person or
may be distributed among two or three persons in any proportion as the operator
may see fit.
Sec.
38-61. Establishment; membership.
(a) There
shall be a human rights commission, formerly known as the civil rights board, which
shall be an agency as such term is defined in RSMo 536.010. Such commission
shall comprise seven members, including a chairperson, to be appointed by the
mayor. The commission shall be a local commission as authorized by RSMo
213.020 and 213.135 and as such shall have the power and authority to hear
complaints of violations of RSMo ch. 213 in accordance with procedures set
forth in RSMo ch. 213 and in this chapter.
(b) All
members shall serve without compensation and shall serve initial staggered terms
at the discretion of the council and mayor of three years for three members,
two years for three members, and one year for one member; provided that all
members shall continue in office until their respective successors shall have
been appointed and qualified. In the event of death or resignation of any
appointee, a successor shall be appointed by the original appointing authority
to serve during the unexpired portion of his or her term.
Sec.
76-46. Taxicab code advisory board.
(a) Established;
membership. There is hereby created a taxicab code advisory board comprised
of 13 members who shall serve without compensation. The advisory board shall
consist of the administrator, the city counselor or his representative, four
representatives of the taxicab industry, two representatives of the livery
operators, three frequent travelers, one representative of the convention and
visitors bureau, and one other transportation professional, to be appointed by
the mayor.
(b) Duties.
The city council, or any of its standing or special committees, may refer any
proposed rule, regulation or ordinance proposed to regulate livery vehicles,
sightseeing vehicles or taxicabs to the taxicab code advisory board for its
recommendations.
Sec.
76-312. Tow vehicle ordinance advisory board.
(a) Established;
membership. There is hereby created a tow vehicle ordinance advisory board
comprised of five members who shall serve without compensation. The advisory
board shall consist of the administrator of commercial vehicles, the city
counselor or his authorized representative, one representative from the Kansas
City Tow Owners Association, and one representative from the police department.
Each member is to be appointed by the mayor and serve for a term of two years.
(b) Duties.
The city council, or any of its standing or special committees, may refer any
proposed rule, regulation or ordinance proposed to regulate tow vehicles to the
tow vehicle ordinance advisory board for its recommendations. This committee
shall also provide advice to the department on recommended changes to rules and
regulations promulgated by the director.
___________________________________________________________________
Approved
as to form and legality:
______________________________________
City
Attorney