ORDINANCE NO. 210994

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Amending various sections of Chapter 18, “Building and Rehabilitation Code” for the purpose of establishing the contractor licensing category of journeyman electrician. 

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BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

                     Section 1. That Chapter 18 of the Code of Ordinances entitled “Building and Rehabilitation Code” is hereby amended by repealing Sections 18-14, 18-324, 18-327, and 18-339 and enacting in lieu thereof new sections of like number and subject matter to read as follows:

Sec. 18-14. Required licenses; exceptions.

(a)                     Mechanical work.  Any person, firm or organization doing mechanical work or causing such work to be done shall first be licensed as a mechanical contractor or shall be doing such work as a direct employee of a licensed mechanical contractor and under the supervision of that licensed mechanical contractor’s qualified supervisor. Licensure shall be in accordance with, and all work shall be limited to the scope of work as defined in, division 3 of Article XII of this chapter.

(b)                     Pipe fitting work.  Any person, firm or organization doing pipe fitting work or causing such work to be done shall first be licensed as a pipe fitting contractor or shall be doing such work as a direct employee of a licensed pipe fitting contractor and under the supervision of that licensed pipe fitting contractor’s qualified supervisor. Licensure shall be in accordance with, and all work shall be limited to the scope of work as defined in, division 3 of Article XII of this chapter.

(c)                     Plumbing work. Any person, firm or organization doing plumbing work or causing such work to be done shall first be licensed as a plumbing contractor, or shall be doing such work as a direct employee of a licensed plumbing contractor and under the supervision of that licensed plumbing contractor's qualified supervisor.  In addition, except for One or Two Family Dwellings or Townhouses under the scope of Article III, all such work shall be performed by the holder of a journeyman plumber or master plumber certificate of qualification, or other direct plumbing employee with on-site supervision by a certified journeyman or master plumber. Certification and licensure shall be in accordance with, and all work shall be limited to the scope of work as defined in, division 3 of article XII of this chapter.

(d)                     Installation or servicing of gas-fired appliances.  Any person, firm or organization installing or servicing gas-fired appliances shall first be licensed as a gas-fired appliance contractor or as a plumbing contractor or shall be doing such work as a direct employee of a licensed gas-fired appliance or plumbing contractor and under the supervision of that licensed gas-fired appliance contractor’s or licensed plumbing contractor’s qualified supervisor. Certification and licensure shall be in accordance with, and all work shall be limited to the scope of work as defined in, division 3 of Article XII of this chapter.

(e)                     Electrical work. Any person, firm or organization doing electrical work or causing such work to be done shall first be licensed as an electrical contractor or shall be doing such work as a direct employee of a licensed electrical contractor and under the supervision of that licensed electrical contractor's qualified supervisor. In addition, except for One or Two Family Dwellings or Townhouses under the scope of Article III, all such work shall be performed by the holder of a journeyman electrician or master electrician certificate of qualification, or other direct electrical employee with on-site supervision by a certified journeyman or master electrician.  Certification and licensure shall be in accordance with, and all work shall be limited to the scope of work as defined in, division 3 of article XII of this chapter.

(f)                     Installation or servicing of automatic sprinkler systems, non-water based fire extinguishing systems, or standpipe and hose systems.  Any person, firm or organization who engages in the installation, alteration, modernization, repair, maintenance, or service of automatic sprinkler systems, non-water based fire extinguishing systems, or standpipe and hose systems regulated by chapter 9 of the International Building Code and Article II of this chapter shall first be licensed as a fire protection contractor or shall be doing such work as a direct employee of a licensed fire protection contractor and under the supervision of that licensed fire protection contractor’s qualified supervisor. Licensure shall be in accordance with, and all work shall be limited to the scope of work as defined in, division 3 of Article XII of this chapter.

(g)                     Installation or servicing of elevators, escalators, walks, lifts, and hoists.  Any person, firm or organization who engages in the installation, alteration, modernization, repair, maintenance, testing, inspection, or service of elevators, escalators, walks, lifts, or hoists shall first be licensed as an elevator contractor or shall be doing such work as a direct employee of a licensed elevator contractor and under the supervision of that licensed elevator contractor’s qualified supervisor. Licensure shall be in accordance with, and all work shall be limited to the scope of work as defined in, division 3 of Article XII of this chapter.

(h)                     Erection or maintenance of signs.  Any person, firm or organization who engages in the business of maintaining, erecting, painting, or removing signs or marquees shall first be licensed as a sign contractor or shall be doing such work as a direct employee of a licensed sign contractor and under the supervision of that licensed sign contractor’s qualified supervisor. Licensure shall be in accordance with, and all work shall be limited to the scope of work as defined in, division 3 of Article XII of this chapter.

(i)                     Demolition of buildings.  Any person, firm, or organization who contracts to demolish any building for another shall first be licensed in the appropriate class of demolition contractors or shall be doing such work as a direct employee of a licensed demolition contractor and under the supervision of that licensed demolition contractor’s qualified supervisor.  Licensure shall be in accordance with, and all work shall be limited to the scope of work as defined in, division 3 of Article XII of this chapter.

(j)                     Residential building.  Any person, firm, or organization who contracts to construct, structurally alter or enlarge any one- or two-family detached dwelling or townhouse including detached accessory buildings in excess of 400 square feet in area thereto as regulated by article III of this chapter shall first be licensed as a residential building contractor or shall be doing such work as a direct employee of a licensed residential building contractor under the supervision of that licensed residential building contractor’s qualified supervisor or as a building trades subcontractor, not otherwise required to be licensed under this section, to a licensed residential building contractor holding a valid building permit and under the direction of that licensed residential building contractor’s qualified supervisor.  Licensure shall be in accordance with, and all work shall be limited to the scope of work as defined in, division 3 of Article XII of this chapter.

(k)                     Exceptions to license requirements. 

(1)                     Permits for work as required by this chapter may be issued to any person to do any work regulated by this chapter in a single-family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings, provided that such person is the bona fide owner of any such dwelling and accessory buildings and quarters, provided that the dwelling and accessory buildings are occupied by the owner, and provided that the owner and his or her immediate relatives shall personally purchase all material and perform all labor in connection therewith; where the work is included in a building permit issued according to this exception, the owner may contract and direct the work of building trades subcontractor(s), not otherwise required to be licensed under section 18-14.

(2)                     Public utility companies will not be required to obtain licenses for their firms or corporations or for their employees when engaged in the installation, operation, and maintenance of equipment which will be used for the production, generation, transmission, or distribution of the product or service from the source of the product or service through the facilities owned or operated by such utility company to the point of the customer service, including the metering.

(3)                     Provisions of this chapter requiring employment of certified or licensed mechanics, craftsmen, or engineers shall not apply to maintenance or operation of equipment and accessories used for operations, production, or processing by public utilities, government agencies, manufacturing or processing plants, or commercial enterprises which maintain a regular maintenance and operating staff supervised by a professional engineer registered by the state. However, work under such supervision shall be performed to comply in all respects with all applicable provisions of this chapter, including provisions for permits and inspections.

(4)                     The property owner or owner of the business on the property may install a temporary sign, as defined in this chapter, after obtaining the required permit.

(5)                     The owner of record may demolish any one-story building which is at least ten feet from all property lines or any two-story building which is at least 15 feet from all property lines. Such work must be done by the owner or by members of the owner’s immediate family.

(6)                     Licensing as a sign contractor is not required for the issuance of permits to construct a residential subdivision entry sign provided such sign contains no electrical components, is constructed as an integral part of a monument or wall and identifies only the name of the subdivision.  Such sign may also identify the name of the developer of the subdivision.

(7)                     Licensing as a sign contractor is not required for the issuance of permits to construct a monument sign where the entire sign is etched or engraved on stone or similar materials provided such sign contains no electrical components and is constructed as an integral part of the monument.

Sec. 18-324. Title and scope of division; definition.

(a)                     This division shall be known as the licensing division, and may be cited as such.

(b)                     Where the term “director of city planning and development” is used in this division, this shall mean the director of city planning and development or his authorized representative.

(c)                     For the purposes of this article and other sections of this code pertinent to licensing, the term “employee” shall not apply to consultants, contract labor, or subcontractors employed by the licensed contractor.  Such individuals or entities shall be considered contractors in their own right and, as such, shall be required to obtain their own licenses as required by this chapter.

(d)                     For the purposes of this article and other sections of this Code pertinent to licensing, the term "direct employee" shall mean an employee (as defined in this section) of a licensed contractor working in a regulated construction trade who has not achieved a supervisor certificate of qualification. For plumbing work, the term "direct employee" shall mean an employee working in the trade of plumbing who has not achieved a master or journeyman plumber certificate of qualification.  For electrical work, the term "direct employee" shall mean an employee working in the trade of electrical who has not achieved a master or journeyman electrician certificate of qualification.

Sec. 18-327. License classes; prerequisites for licensing.

(a)                     Classes; authorized work. There shall be various classes of licenses under this division, and the holder of each license shall be authorized to do the following:

(1)                     Demolition contractor class I. Demolition of any building, structure, or portion thereof, without limitation of height or size. All such work shall be performed by a licensed demolition contractor class I and shall be performed by or under the supervision of the holder of a demolition supervisor class I certificate of qualification.

(2)                     Demolition contractor class II. Demolition of any building not more than three stories in height, excluding the basement. All such work shall be performed by a licensed demolition contractor class II and shall be performed by or under the supervision of the holder of a demolition supervisor class I or demolition supervisor class II certificate of qualification.

(3)                     Electrical contractor class I. Installation, alteration, repair, or removal of any electrical equipment regulated by this chapter. All such work shall be performed by a licensed electrical contractor class I and shall be performed by or under the supervision of the holder of a master electrician certificate of qualification. In addition, except for One or Two Family Dwellings or Townhouses under the scope of Article III, all such work shall be performed by the holder of a journeyman electrician or master electrician certificate of qualification, or other direct electrical employee with on-site supervision by a certified journeyman or master electrician.

(4)                     Electrical contractor class II.

a.                     Maintenance or repair of an existing facility on property owned by the licensee or his employer;

b.                     Assembly, installation, wiring, and connection of electric lighting fixtures and extending existing circuits not more than ten feet;

c.                     Connection of new or replacement gas-fired heating equipment to existing electrical circuits, extension of existing circuits not more than ten feet, and installation of control circuits; or

d.                     Assembly, installation, wiring, and connection of electric signs when such connection is limited to extension of existing circuits not more than ten feet.

All such work shall be performed by a licensed electrical contractor class II and shall be performed by or under the supervision of the holder of a master (limited) electrician or master electrician certificate of qualification.

(5)                     Electrical contractor class III. Installation, alteration, repair, or removal of communication; fire alarm; burglar alarm; remote control; and other low-energy power, low-voltage power, signal, sound recording, and similar equipment regulated by this chapter. All such work shall be performed by a licensed electrical contractor class III and shall be performed by or under the supervision of the holder of an electrical supervisor or master electrician certificate of qualification.

(6)                     Elevator contractor class I. Installation, alteration, modernization, maintenance, service, testing, or repair of any electric or electrohydraulic passenger or freight elevators, escalators, or moving walks. All such work shall be performed by a licensed elevator contractor class I and shall be performed by or under the supervision of the holder of an elevator supervisor class I certificate of qualification.

(7)                     Elevator contractor class II. Installation, alteration, modernization, maintenance, service, testing, or repair of any hand-powered freight elevator, electric or hand-powered dumbwaiter, manlift, private residence elevator, chairlift, workmen's hoist, material hoist, conveyor, and related equipment. An elevator contractor class II license is also required for any person, firm, or corporation engaged only in the maintenance, service, or minor alteration of equipment covered by an elevator contractor class I license when such equipment is owned or operated by the person, firm, or corporation. All such work shall be performed by a licensed elevator contractor class II and shall be performed by or under the supervision of the holder of an elevator supervisor class I or elevator supervisor class II certificate of qualification.

(8)                     Elevator contractor class III.  Installation, alteration, modernization, maintenance, service, testing, or repair of Personnel Hoists and Employee Elevators on Construction and Demolition Sites in accordance with ANSI A10.4.  All such work shall be performed by a licensed elevator contractor class III and shall be performed by or under the supervision of the holder of an elevator supervisor class I, II or III certificate of qualification.

(9)                     Fire protection contractor class I. The installation, alteration, modernization, maintenance, servicing, repair, testing, and inspection of automatic sprinkler systems and standpipe systems for any and all types of occupancies, inclusive of all related underground fire lines and fire services and inclusive of, but not limited to, all appurtenances such as fire pumps; water storage tanks; fire control systems; automatic and manual water-spray and deluge systems; special extinguishing systems using carbon dioxide, foam, dry chemicals, or inert gas; and other such systems used for the control or extinguishment of fire. Backflow prevention devices are permitted to be installed, but they must be tested in accordance with city and state regulations. All such work shall be performed by a licensed fire protection contractor class I and shall be performed by or under the supervision of the holder of a fire protection supervisor class I certificate of qualification. A fire protection contractor class I shall place with the director of finance a cash deposit in the amount of $500.00. Should the contractor in any event fail to pay bills rendered by the city for any obligation, permit, service, or material, the amount of such bills shall be deducted from the deposit. Failure of the contractor to pay such bills or his failure to maintain the deposit in the full amount of $500.00 shall be cause for denial of the issuance of further permits.

(10)                     Fire protection contractor class II. Installation, maintenance, testing, or repair of only dry, wet, or combination standpipe systems as defined in chapter 9 of the International Building Code or article II of this chapter; and installation of fire hydrant lines. All such work shall be performed by a licensed fire protection contractor class II and shall be performed by or under the supervision of the holder of a fire protection supervisor class I or fire protection supervisor class II certificate of qualification. A fire protection contractor class II shall place with the director of finance a cash deposit in the amount of $500.00. Should the contractor in any event fail to pay bills rendered by the city for any obligation, permit, service, or material, the amount of such bills shall be deducted from the deposit. Failure of the contractor to pay such bills or his failure to maintain the deposit in the full amount of $500.00 shall be cause for denial of the issuance of further permits.

(11)                     Fire protection contractor class III. Installation, maintenance, testing, or repair of only special systems using carbon dioxide, foam, dry chemicals, or inert gas for the control or extinguishment of fire. All such work shall be performed by a licensed fire protection contractor class III and shall be performed by or under the supervision of the holder of a fire protection supervisor class I or fire protection supervisor class III certificate of qualification.

(12)                     Gas-fired appliance contractor. Installation, erection, alteration, repair, servicing, or resetting of gas-fired appliances other than warm air heating units, but including water heaters of not more than 100 gallons' storage capacity; and installation of low-voltage wiring not exceeding 48 volts when such wiring is not enclosed in conduit or raceway. All such work shall be performed by a licensed gas-fired appliance contractor and shall be performed by or under the supervision of the holder of a gas-fired appliance supervisor or master plumber certificate of qualification.

(13)                     Mechanical contractor. Installation, alteration, servicing, replacement, repair, or maintenance of heating, duct, ventilation and mechanical refrigeration systems; connection of a humidifier which is part of a heating system to an existing potable water supply system within a building; connection of gas piping from the nearest cutoff valve to the burner of a warm air heating system; connection of low voltage control wiring to an existing control box; electrical power connection from the equipment disconnect switch serving the equipment or the nearest existing junction box; and installation, alteration, servicing, replacement, removal, or repair of air conditioning units; and where refrigerant piping must be installed or where a refrigerant-containing part must be cut into for connection or assembly. All such work shall be performed by a licensed mechanical contractor and shall be performed by or under the supervision of the holder of a mechanical supervisor certificate of qualification.

Additionally, the installation of a replacement residential water heater that is connected to existing piping systems and is under the administration of the Department of Neighborhood and Community Services Property Preservation Division may be performed by a licensed mechanical contractor.

(14)                     Pipe fitting contractor. Installation, maintenance, repair, and servicing of refrigeration equipment; installation and servicing of low-pressure hot water and steam heating systems; installation of any system containing or connected to a boiler designed to operate under a steam pressure greater than 15 pounds per square inch; installation of any system containing or connected to an unfired pressure vessel designed to operate under a pressure greater than 15 pounds per square inch; installation of industrial or chemical piping designed to operate under a pressure greater than 15 pounds per square inch; installation of pipe insulation; and installation of low-voltage wiring which does not exceed 48 volts when such wiring is not enclosed in conduit or raceway. All such work shall be performed by a licensed pipe fitting contractor and shall be performed by or under the supervision of the holder of a master pipe fitter certificate of qualification.

(15)                     Plumbing contractor. Installation, maintenance, repair, servicing, and testing of all sanitary plumbing and potable water supply piping, and appliances connected thereto, including gas piping, and the complete installation of water heaters; the installation of piping for transmission of chemicals and gases where regulated by this Code; the installation of gas ranges, domestic gas incinerators, gas dryers, and other gas-fired appliances; the installation of steam heating plants carrying pressures not exceeding 15 pounds per square inch gauge steam pressure; the installation of hot water heating plants carrying pressures not exceeding 30 pounds per square inch gauge hot water pressure; and installation of low-voltage wiring not exceeding 48 volts for gas-fired appliances and water heaters when such wiring is not enclosed in conduit or raceway. All such work shall be performed by a licensed plumbing contractor and shall be performed under the supervision of the holder of a master plumber certificate of qualification.  In addition, except for One or Two Family Dwellings or Townhouses under the scope of Article III, all such work shall be performed by the holder of a journeyman plumber or master plumber certificate of qualification, or other direct plumbing employee with on-site supervision by a certified journeyman or master plumber. As a condition for obtaining and maintaining a plumbing contractor license and before any permit for work requiring excavation on any street, alley, public place, or easement shall be issued, the applicant for such license or permit shall have placed with the director of finance a cash deposit of not less than $500.00. This money shall be maintained and held as a special deposit to protect the city on account of any expense it may incur in repairing, refilling, paving, or resurfacing any cut or excavation, or for repairing any damages to any city-owned utility as a result of work done under such permit. Should the contractor fail to pay bills rendered by the city for any obligation, permit, service, or material, the amount of such bills shall be deducted from the deposit. Failure of the contractor to pay such bills or failure to maintain the deposit in full shall be cause for denial of issuance of further permits. Certain excavation permits shall require the contractor to post additional restoration deposit fees of up to $50,000.00 with the director of finance in accordance with chapter 64.

 (16)                     Residential building contractor.  Constructing, structurally altering or enlarging any one- or two-family detached dwelling or townhouse including detached accessory buildings in excess of 400 square feet in area thereto as regulated by article III of this chapter.  All such work shall be performed by a licensed residential building contractor and shall be performed by or under the supervision of that licensed residential building contractor’s qualified supervisor or by building trades subcontractor(s), not otherwise required to be licensed under this article, to the licensed residential building contractor holding a valid building permit and under the direction of that licensed residential contractor’s qualified supervisor.

 (17)                     Sign contractor. Installation, maintenance, or repair of off-premise advertising (billboards or other outdoor advertising making use of rental panels or paint boards) and/or on-premise advertising (outdoor advertising making use of media other than rental panels or paint boards). All such work shall be performed by a licensed sign contractor and shall be performed by or under the supervision of the holder of a sign supervisor certificate of qualification. If electrical wiring is involved, an electrical contractor class I or class II license is also required.

(b)                     Indemnity insurance.

(1)                     Required. The following classifications shall, as a condition precedent to issuance, maintenance, or renewal of a license, furnish to the department of city planning and development a certificate of insurance issued by a company approved by the director of finance:  demolition contractor class I, demolition contractor class II, fire protection contractor class I, fire protection contractor class II, plumbing contractor, residential building contractor and sign contractor.

(2)                     Policy requirements. The contractor shall provide a certificate of insurance indicating insurance meeting the following requirements:

a.                     The policy shall provide for liability insurance with a minimum aggregate limit of $1,000,000.00 per occurrence.

b.                     The city shall be added as an additional insured to such policy by separate endorsement; except that no such endorsement shall be required for a residential building contractor unless such contractor will be performing work in the public right-of-way.

c.                     The policy shall contain a separate endorsement requiring the insurance company to notify the city in writing of any change in or cancellation of such policy at least 30 days prior thereto, or ten days in the event of cancellation due to nonpayment of premium.

d.                     The insurance certificate shall be produced by a company having a current A.M. Best rating of B+ V or better and licensed to do business in the state of Missouri.

e.                     Before the license is issued, and annually thereafter, the contractor shall deposit with the city a certificate of insurance evidencing that the coverage required by this subsection is in force and that the endorsements required by subsections (b)(2)b and c of this section have been issued.

(3)                     Failure to maintain the required insurance shall be grounds for automatic suspension of a license and for denial of further permits and inspections.

Sec. 18-339. Classification of certificates of qualification.

(a)                     Generally. There shall be various classes of certificates of qualification under this division, and the holder of each certificate type shall be authorized to do the work specified for that class.

(b)                     Supervisor certificates. A supervisor certificate of qualification shall be required for certain contractor licenses as set forth in this division and shall allow the holder to serve as supervisor as follows:

(c)                     Operators’ certificates. An operator’s certificate of qualification shall be required to operate and maintain the following equipment and shall entitle the holder to operate and maintain the equipment for which he is certified; except that equipment and accessories used for operations, production, or processing by public utilities, government agencies, manufacturing or processing plants, or commercial enterprises may be operated and maintained by a regular operating and maintenance staff when supervised by a professional engineer registered by the state. The work done under such supervision shall comply with all applicable provisions of this code, including required permits and inspections.

(1)                     Operating engineer. An operating engineer certificate shall entitle the holder to take charge of and to operate and maintain all steam-generating boilers, steam engines, internal-combustion engines, turbines, condensers, compressors, generators, motors, blowers, fuel-burning equipment, and refrigeration systems and all auxiliary apparatus, together with any necessary maintenance of piping used in connection therewith. The certificate is required for operating the following:

a.                     Steam-generating boilers carrying 125 or more pounds of pressure.

b.                     Boilers carrying 100 or more pounds of pressure when used for driving machinery.

c.                     Any system containing a Group 3 refrigerant.

d.                     Any system with a capacity greater than ten tons containing a Group 2 refrigerant.

(2)                     Steam operating engineer. A steam operating engineer certificate shall entitle the holder to operate and maintain the same steam equipment and accessories as an operating engineer, as follows:  All steam-generating boilers, steam engines, internal-combustion engines, turbines, condensers, compressors, generators, motors, blowers, fuel-burning equipment, and all auxiliary apparatus, together with any necessary maintenance of piping used in connection therewith.  The certificate is required for operating the following:

a.                     Steam-generating boilers carrying 125 or more pounds of pressure.

b.                     Boilers carrying 100 or more pounds of pressure when used for driving machinery.

(3)                     Refrigeration operating engineer. A refrigeration operating engineer certificate shall entitle the holder to operate and maintain any refrigeration system. The certificate is required for:

a.                     Any system containing a Group 3 refrigerant.

b.                     Any system with a capacity greater than ten tons containing a Group 2 refrigerant.

(4)                     Fireman. A fireman certificate shall entitle the holder to operate and maintain boilers carrying less than 100 pounds of pressure for the purpose of driving machinery, and to operate other steam tanks or steam boilers carrying less than 125 pounds of pressure. The certificate is not required for the operation of steam tanks or steam boilers carrying pressures of 15 pounds or less.

(5)                     Plant fireman. A plant fireman certificate shall entitle the holder to operate and maintain the same equipment and accessories as a fireman but shall limit the holder to a designated plant or system of plants with similar equipment.

(d)                     Journeyman plumber certificate of qualification. A journeyman plumber certificate of qualification shall entitle the holder to labor at the trade of plumbing as an employee of a licensed plumbing contractor.

(e)                     Journeyman electrician certificate of qualification. A journeyman electrician certificate of qualification shall entitle the holder to labor at the trade of electrical as an employee of a licensed electrical contractor.

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Approved as to form and legality:

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Eluard Alegre

Assistant City Attorney