This Article 1 shall be known as the Administration, Permits, Licensing and Fees Article of Chapter IV of the Code of the City of Andover, Kansas (the “Code”).
(Ord. 1385; Ord.. 1667)
The Department of Building Inspection and Code Enforcement (the “Building Department”) is hereby created and the person in charge of the Building Department shall be known as the “Building Official”. The Building Official shall have the authority to enforce the Building, Residential Building, Electrical, Mechanical, and Plumbing Codes along with any other new construction, nuisance or property maintenance codes as adopted by the City of Andover, Kansas, whenever the Code refers to the Building Official as the enforcing officer. The Building Official shall have the authority and responsibilities as enumerated in the respective provisions of the Code.
(Ord. 1385; Ord.. 1667)
In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Chapter 4 of the Code (excepting of the Fire Code of the City of Andover, Kansas), there shall be and is hereby created a Board of Appeals (the “Board”).
(Ord. 1385; Ord.. 1667)
An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or an equally good or better form of construction is proposed. The Board shall have no authority to waive requirements of this Code. In the course of fulfilling its obligations, the Board may request informal advice from Contractors (herein defined) or registered design professionals or may request retention of a consultant subject to approval by the City Administrator or Mayor.
(Ord. 1385; Ord.. 1667)
The application for appeal shall be filed on a form obtained from the Building Official within twenty (20) days after receipt of notice of a determination by the Building Official.
(Ord. 1385; Ord.. 1667)
The Board shall consist of three (3) persons appointed by the City of Andover governing body as follows:
1. One for three (3) years; one for two (2) years; and one for one (1) year.
2. Thereafter, each new member shall serve for three (3) years or until a successor has been appointed, such that one member shall normally be appointed in each year.
Board members may serve consecutive terms upon re-appointment. The Building Official shall be an ex officio member of the Board but shall have no vote on any matter before the Board.
(Ord. 1385; Ord.. 1667)
The governing body may appoint one or more alternate members who may be called by the Board Chairperson (hereinafter defined) to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership and shall be appointed for three (3) years, or until a successor has been appointed.
(Ord. 1385; Ord.. 1667)
The Board shall consist of three individuals, one from each of the following professions or disciplines:
1. Registered design professional, either architect or engineer, with experience in the architectural design or architectural engineering design of commercial projects.
2. General Contractor, Class A or Building Contractor, Class B.
3. Mechanical, Plumbing or Electrical Contractor.
(Ord. 1385; Ord.. 1667)
The Board is authorized to establish policies and procedures necessary to carry out its duties.
(Ord. 1385; Ord.. 1667)
The Board shall annually select one of its members to serve as “Chairperson”, which shall not be the Building Official.
(Ord. 1385; Ord.. 1667)
A member of the Board shall not hear an appeal in which that member has any personal, professional or financial interest.
(Ord. 1385; Ord.. 1667)
The Board shall designate a qualified clerk to serve as “Secretary” to the Board, who shall not be required to be a Board member. The Secretary shall file a detailed record of all proceedings in the office of the Building Official.
(Ord. 1385; Ord.. 1667)
The Board shall meet upon notice from the Chairperson, within ten (10) days of the filing of an appeal or at the stated periodic meetings hereafter established by the Board.
(Ord. 1385; Ord.. 1667)
All hearings before the Board shall be open to the public. Any appellant, the appellant’s representative, the Building Official and any person whose interests are affected shall be given an opportunity to be heard.
(Ord. 1385; Ord.. 1667)
The Board shall adopt and the Secretary shall make available to the public procedures under which Board hearings will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
(Ord. 1385; Ord.. 1667)
When all three Board members are not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing.
(Ord. 1385; Ord.. 1667)
The Board may, at its discretion, adopt any regular meeting date, day of month or frequency. The Board shall, however, meet at least once in the month of December for an annual review of Department activities.
(Ord. 1385; Ord.. 1667)
The Board may concur, modify or reverse the decision of the Building Official by a majority vote of its members.
(Ord. 1385; Ord.. 1667)
The decision of the Board shall be by resolution. Certified copies of the resolution shall be furnished to the appellant and to the Building Official.
(Ord. 1385; Ord.. 1667)
The Building Official shall take immediate action in accordance with the decision of the Board.
(Ord. 1385; Ord.. 1667)
Permits are required for various types of construction within the corporate limits of the City of Andover, Kansas in accordance with the Code generally, including the following subsections:
(Ord. 1385; Ord.. 1667)
Building, residential building, plumbing, mechanical, electrical, gas and other permits are as required by the construction and trade codes as incorporated by, or otherwise set forth in, this Chapter IV of the Code.
(Ord. 1385; Ord.. 1667)
Building and Zoning Permits are required by the “Zoning Regulations” of the Code. Building permits will also serve as zoning permits, if there are zoning requirements which must be met as a condition of the permit approval or for which the Zoning Administrator’s (or equivalent) approval is required. Other zoning permits which may be administered by the Department, under the authority of the Zoning Administrator, include but are not limited to sign and fence permits.
(Ord. 1385; Ord.. 1667)
Flood plain development permits are issued and administrated by the Andover Flood Plain Administrator under the Andover Flood Plain Regulations established in the “Zoning Regulations” of the Code. When practicable, issuance of flood plain development permits shall be coordinated with new construction permits.
(Ord. 1385; Ord.. 1667)
A permit is required for the placement or installation of mobile homes or manufactured homes which are placed or installed on a permanent foundation in compliance with applicable provisions of the Code. Mobile homes and manufactured homes are defined in the Zoning Regulations of the Code.
(Ord. 1385; Ord.. 1667)
Permits required for fire protection and apparatus (governed by Article 1, Chapter VII of the Code) are issued and inspections performed under the authority of the Andover Fire Marshall. When practicable, issuance of fire code permits shall be coordinated with new construction permits.
(Ord. 1385; Ord.. 1667)
Construction upon or any modifications to existing towers or structures which support communication antenna, cellular or other equipment (to the extent excluded from building and electrical permit requirements) shall nonetheless require a permit, in accordance with rules established by the Building Official.
(Ord. 1385; Ord.. 1667)
The Building Official may require that a permit be obtained for various site construction, alteration or improvements to facilitate administration of other construction codes. Site improvements may consist of plumbing, electrical, lighting, underground facilities, drainage works or other similar site improvements or amenities.
(Ord. 1385; Ord.. 1667)
Permits are required for the installation of lawn irrigation systems, demolition of structures or facilities, construction of drive approaches (including drainage pipes under drive approaches) and earth grading. The Building Official may administratively establish other categories of permits, including, but not limited to, informational permits or permit categories related to a specialized type of construction. The Building Official may establish fees for these permits commensurate with similar permits, unless fees are established by the Code.
(Ord. 1385; Ord.. 1667)
Building, electrical, mechanical, plumbing and fire code permit fees, as well as certain other permit and related fees are hereby authorized and shall be in such amounts as from time to time established by written resolution of the governing body.
(Ord. 1385; Ord.. 1667)
Any Contractor (hereinafter defined) conducting business in the City shall be licensed in accordance with this Chapter, as required herein, and in accordance with the requirements of the Code.
(Ord. 1385; Ord.. 1667)
A Contractor, within the meaning of this Chapter, is any person who undertakes, with or for another, to build, construct, install, alter, repair, extend or raze, wreck or demolish any building, structure, system or facility or any portion thereof, within the City, for which a permit is required; or who advertises or otherwise represents to the public to have the capacity or ability to undertake to build, construct, alter, repair, extend or raze, wreck or demolish any building or structure, whether on his own or other property, for purposes of speculation. A Contractor shall be responsible for all work included in his contract, whether or not he does such work directly or by subcontractor. The Contractor shall be responsible for all funds or property received by him for execution or completion of a specific contract or for a specific purpose.
(Ord. 1385; Ord.. 1667)
A Contractor may be licensed as one of the following:
A. CONTRACTOR, Licensed by Qualification. A Contractor’s license shall be issued to a person in responsible charge, an owner or employee of a business or corporation, provided that the employee, owner or person in responsible charge applying for the license has the required training, education and proof of said education and training. A Contractor’s license shall not be issued to a business or corporation without naming an individual as the license holder. Contact information for any licensed individual must include; name, current address – both work and home addresses, e-mail address and any phone, fax or mobile telephone numbers assigned to the individual or the business or corporation represented by the individual. He or she shall also have and provide proof of continuing education credits as required by State of Kansas statutes and regulations. No building, trade, system or other permit for any work covered by the provisions of this Chapter where such work requires a license by qualification, shall be issued to any Contractor who has not first obtained the applicable license, who is delinquent in any payment or fee(s), or whose license has been suspended or revoked by action of the Board of Appeals. It is further unlawful for any person to enter into a contract with another so as to bring him/herself under the classification of a Contractor, licensed by qualification, as defined in this Chapter for any work under a contract, without having first obtained a contractor’s license. It is unlawful for any person issued a license as required to contract for any work other than specified by said license. The person to whom the license is issued to, and who has the required credentials, shall also be referred to as the “qualified person.”
B. CONTRACTOR, Licensed by State of Kansas and City of Andover, Kansas Registration. Performance of any type of work described in the definition of “Contractor” above, which requires a license issued by the State of Kansas or requires registration with the State of Kansas, but does not require special education, experience or other qualification, as defined under “Contractor, Licensed by Qualification” under A. above, shall require a license by registration in the City of Andover. Types of work which require a license under this definition include, but are not limited to, roofing and mobile home placement. All insurance requirements specified elsewhere herein shall apply to this category of license. The Building Official shall have the authority to define additional license types under this category in response to any change in Kansas law.
C. CONTRACTOR, Licensed by City of Andover, Kansas Registration. Performance of any type of work described in the definition of “Contractor” above, which does not require a license issued by the State of Kansas and does not require registration with the State of Kansas, and does not require special education, experience or other qualification, as defined under “Contractor, Licensed by Qualification” above, shall require a license by registration in the City of Andover, Kansas. Work under this category includes construction or installation of signs, fences, lawn or landscape irrigation systems, grading or earthmoving, drive approach or entrance pipes, cell tower addition or modification and demolition. The Building Official shall, at his/her discretion, have the authority to define additional license types under this category.
(Ord. 1385; Ord.. 1667)
The Resident Owner, or Owner-Occupant of a single family dwelling, duplex or townhouse, subject to the Andover Residential Code, may perform work which requires a building permit without having to obtain a Class D or higher Contractor’s license. This license exemption shall also apply to the record owner of a single family lot who intends to construct his/her own dwelling for occupancy but not for immediate resale without occupancy. Required permit(s) and inspections are not exempted by this provision.
Notwithstanding the foregoing, a Resident Owner, or Owner-Occupant of a single family dwelling, duplex or townhouse, subject to the Andover Residential Code, may not perform trade or system work which requires a plumbing, fuel gas, electrical or mechanical license to perform and permit to construct, repair or install, in accordance with the adopted new construction codes, subject to the following exceptions:
1. Replacement of existing 110/120 volt wiring, overcurrent protection and appurtenances.
2. Replacement of existing water supply or sewage disposal piping.
3. Extensions of existing 110/120 volt wiring or installation of additional 110/120 volt circuits and appurtenances, and further subject to satisfying competency requirements established by the Building Official and subject to submission of a plan and preconstruction on-site review.
4. Extensions of existing water supply or sewage disposal systems, and further subject to satisfying competency requirements established by the Building Official and subject to submission of a plan and preconstruction on-site review.
(Ord. 1385; Ord.. 1667)
Except as otherwise provided in this section, prior to the issuance of any Contractor licenses by qualification to any individual, said person shall first pass a competency examination proctored for the International Code Council, or Block and Associates in compliance with the Kansas State Law. The Building Official may also consider testing performed by Prometric Testing, or other similar agency or company and if testing from such groups is equivalent to the International Code Council or Block and Associates and license applicant test results can be verified, the Building Official may grant a license to that applicant. A minimum score of 75% is required for all examinations. The following categories of licenses by qualification may be issued upon obtaining a passing examination score on the appropriate category test:
A. CONTRACTOR BUILDING CATEGORIES
(i) GENERAL CONTRACTOR – Class A
Unlimited in Scope.
(ii) BUILDING CONTRACTOR – Class B
Limited to the construction and remodeling of commercial buildings or multiple dwelling residential buildings (not to exceed three stories in height) and all types of construction or remodeling subject to the Andover Residential Code.
(iii) RESIDENTIAL CONTRACTOR – Class C
Limited to the construction, remodeling, repair or improvement of one and two family dwellings and townhouses (not exceeding two stories in height) and their accessory structures, as defined in the Andover Residential Code.
(iv) RESIDENTIAL MAINTENANCE CONTRACTOR – Class D
Limited to the remodel, repair and maintenance of dwelling units which are completely or partially owned by the contractor or when the contractor is a full time employee of the owner.
(v) SWIMMING POOL CONTRACTOR
Limited to the construction of swimming pools.
B. FIRE PROTECTION CONTRACTOR
(i) FIRE SUPPRESSION INSTALLATION CONTRACTOR
Limited to those who have the skills of a fire suppression system installer as they apply to repairs and new installation.
C. ELECTRICAL CONTRACTOR CATEGORIES
(i) ELECTRICAL CONTRACTOR
Those qualified and having the knowledge and skill to install, repair, alter, add to or change any electrical wires, fixtures, appliances, apparatus, raceways, conduit or any part thereof, which generates, transmits or utilizes electrical energy in any form for light, heat, power or communications.
D. MECHANICAL CONTRACTOR CATEGORIES
(i) MECHANICAL CONTRACTOR - General
Those qualified to install, repair, alter, extend or design central air conditioning, refrigeration, heating and ventilation, including duct work and unfired pressure vessel systems, lift stations, gasoline tanks and pumps, liquid fuel transmission lines and appurtenances, apparatus or equipment used in connection therewith.
(ii) MECHANICAL CONTRACTOR with GAS
Those qualified to install, repair, alter, extend or design central air conditioning, refrigeration, heating and ventilation, including duct work and unfired pressure vessel systems, lift stations, gasoline tanks and pumps, fuel transmission lines and appurtenances, apparatus or equipment used in connection therewith to maintain or repair gas piping, appliances, lines, laterals, tanks and other appurtenances used in connection therewith.
(iii) SOLID FUEL CONTRACTOR
Those qualified to install, repair, alter, or extend solid fuel burning appliances. This license is only available to those who possess a solid fuel license issued by the Metropolitan Area Building and Construction Department (MABCD) of Wichita Sedgwick County, Kansas.
E. PLUMBING CONTRACTOR CATEGORIES
(i) PLUMBING CONTRACTOR
Those qualified and who have the knowledge and skill to install, maintain, repair, alter or extend plumbing, septic tanks, water supply systems, storm sewer and all fixtures, appliances, appurtenances, apparatus or equipment used in connection therewith, inside of, or attached to any building, lot or premises.
(ii) PLUMBING CONTRACTOR with GAS
Those Plumbing Contractors qualified who have the knowledge and skill to install, maintain, repair, alter or extend plumbing, septic tanks, water supply systems, storm sewer and all fixtures, appliances, appurtenances, apparatus or equipment used in connection therewith, inside of, or attached to any building, lot or premises and also install, maintain or repair and install gas piping, appliances, lines, laterals, tanks and other appurtenances used in connection therewith.
(iii) DRAIN LAYER
Those qualified to install, repair, alter, or extend building sewers or water services, or make connection of same to public sewers or water mains. This license is only available to those who possess a drain layer license issued by the Metropolitan Area Building and Construction Department (MABCD) of Wichita-Sedgwick County, Kansas.
(Ord. 1385; Ord.. 1667)
The following categories of licenses may be issued upon submission of complete application, including evidence of State of Kansas Registration, evidence of insurance and payment of registration fee:
1. Mobile Home Installer
2. Roofing Contractor
(Ord. 1385; Ord.. 1667)
The following categories of licenses may be issued upon submission of complete application, evidence of insurance and payment of registration fee:
1. Sign Contractor
2. Fence Contractor
3. Irrigation System Contractor
4. Drive Approach Contractor
5. Cell Tower Contractor
6. Demolition Contractor
7. Grading Contractor
(Ord. 1385; Ord.. 1667)
No applicant for any Contractor’s license, or renewal hereof, shall be subject to examination if either:
A. Applicant has achieved a 75% score on the applicable competency examination, or;
B. Applicant holds a valid corresponding license for the work done in the City of Wichita, Kansas or within the jurisdiction of MABCD. For the purposes of this paragraph, the following competency examinations and City of Wichita, Kansas licenses or MABCD licenses shall be recognized in exempting the applicant from examination for the corresponding City of Andover, Kansas licenses:
BUILDING CONTRACTOR CATEGORIES
|
CITY OF ANDOVER LICENSE |
APPLICABLE COMPETENCY EXAM |
CITY OF WICHITA Or MABCD RECOGNIZED LICENSE |
|
|
|
|
|
General Contractor – A |
General Contractor |
Class A |
|
Building Contractor – B |
Building Contractor |
Class B |
|
Residential Contractor – C |
Residential Contractor |
Class C |
|
Residential Maintenance – D |
Maintenance Contractor |
Class D |
|
|
|
|
|
Swimming Pool Contractor |
Unlimited Swimming Pool |
Swimming Pool Contractor |
|
|
|
|
|
TRADE CATEGORIES |
||
|
|
|
|
|
Electrical Contractor |
Master Electrician |
Master Electrician |
|
|
|
|
|
Plumbing Contractor |
Master Plumber |
Master Plumber |
|
Plumbing Contractor with Gas |
Master Plumber with
Gas |
Master Plumber with
Gas |
|
Drain Layer |
|
Drain Layer |
|
|
|
|
|
Mechanical Contractor |
Mechanical Contractor |
Mechanical Contractor |
|
Mechanical Contractor with Gas |
Mechanical Contractor with Gas |
Mechanical Contractor with Gas |
|
Solid Fuel |
|
Solid Fuel |
|
|
|
|
|
FIRE PROTECTION SYSTEM CATEGORIES |
||
|
|
|
|
|
Fire Protection Contractor |
Fire Suppression Installation Contractor |
Fire Sprinkler Contractor |
(Ord. 1385; Ord.. 1667)
The license fee or registration fee for various types of licenses are hereby authorized and shall be in such amounts per license as from time to time established by written resolution of the governing body.
(Ord. 1385; Ord.. 1667)
Licenses issued for Contractors listed under a trade category (Electrical, Mechanical, Plumbing) set forth in Section 4-106.4 of the Code, shall be issued biennially and will expire on December 31st of each even numbered year, regardless of when the license was obtained. All other Contractor licenses shall expire on December 31st of each odd-numbered year, regardless of when the license was obtained. Biennial license renewal application forms will be sent by the Building Department to currently licensed Contractors at their then licensed address prior to expiration. Any licenses renewed on or before December 31st shall require payment of the license fee or registration fee required by Section 4-106.8 hereof and the current resolution promulgated thereunder. License renewal fees are due on or before the first business day of the succeeding calendar year.
(Ord. 1385; Ord.. 1667)
For new contractor license applications or license renewals filed in 2018 or 2019 and which will expire at the end of 2019, the license fee shall be fifty percent of the biennial renewal fee otherwise established by separate written resolution.
(Ord. 1385; Ord.. 1667)
All valid and existing Contractor’s licenses issued prior to the effective date of this enactment shall remain valid until their expiration pursuant to 4-106.9 hereof.
(Ord. 1385; Ord.. 1667)
Prior to the issuance of a Contractor’s license, the applicant shall file a certificate of insurance reflecting comprehensive general liability insurance coverage (with independent contractor and contractual coverage) in an amount not less than five hundred thousand dollars ($500,000.00) in the aggregate and for each occurrence for bodily injury and property damage. Such certificates of insurance shall also reflect that the applicant maintains workers compensation insurance and automobile liability insurance as required by State law. Such certificate shall also contain substantially the following statement: “The insurance covered by this certificate will not be cancelled or materially altered except after thirty (30) days written notice has been received by the City of Andover, Kansas.” Upon receipt of any notice of cancellation or alteration of said insurance, Contractor shall within five (5) days procure other policies of insurance which satisfy the requirement. If the Contractor fails to provide, procure and deliver acceptable certificates thereof, it shall be cause for immediate cancellation of the Contractor’s license.
As an alternative to providing a certificate of insurance for comprehensive general liability coverage as hereinabove provided, the applicant may comply with this Section by filing a Surety Bond in the amount of five thousand dollars ($5,000.00) with the City Clerk, the condition of such bond to be that the bonded principal will comply with all the provisions of the Code of the City of Andover, Kansas and other Ordinances of the City of Andover, Kansas regulating building trades, and to hold and save the City of Andover, Kansas harmless on any and all damages to persons or property resulting from or arising out of any opening made, material stored or placed upon, or any operation in any street, alley or public property.
(Ord. 1385; Ord.. 1667)
Any person, firm or corporation licensed to do business as a Contractor may have said license revoked, suspended or denied by Board of Appeals provided that person, firm or corporation is served with notice to appear at a hearing before the Board of Appeals to show cause why said license should not be revoked. The Building Official may issue a letter of conditions or violations prior to serving such notice. A notice to appear must be served not less than five (5) days prior to the hearing. Failure to appear shall constitute a waiver to show cause and the Building Official or Board of Appeals may revoke, suspend or deny a license application without further consideration.
(Ord. 1385; Ord.. 1667)
Any person, firm or corporation violating or failing to comply with the provisions hereof shall, upon first conviction thereof, be fined in a sum not less than one hundred twenty-five dollars ($125.00) nor more than two hundred fifty dollars ($250.00); upon second conviction thereof, shall be fined the sum of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00); and, upon the third and each subsequent conviction thereof, shall be fined a sum of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00).
(Ord. 1385; Ord.. 1667)
The Building Official shall have the authority to promulgate such rules and regulations as are necessary to carry out the purposes of this enactment.
(Ord. 1385; Ord.. 1667)