A builder or building contractor for purposes of this article shall be any person, firm, co-partnership, corporation, association, or any combination thereof, whether a resident or not of the city:

(a)   Who or which undertakes with or for another, for a fixed sum, price, fee or any compensation other than wages, to build, construct, alter, repair, add to, wreck or move any building or structure (or any portion thereof), or any sidewalk, driveway entrance or structure in any street, or any advertising sign, panel poster or billboard, or any other structure, in the city, for which a building or construction permit may now or hereafter be required by the laws of the city; or

(b)   Who or which advertises or represents himself, herself, or itself to the public to have the capacity or ability to undertake, or submit a bid or offer to build, construct, alter, repair, add to or wreck, remove, restore or replace any building, structure or construction work or any portion thereof; or

(c)   Who or which builds, constructs, alters, adds to or wrecks any buildings or structures either on his or her own or other property for purposes of sale or speculation.

(Code 2008; Ord. 3811)

(a)   Each builder or building contractor shall before entering upon any building or construction work subject to regulation by city laws, apply to the city clerk for a builder’s or building contractor’s license and receive the same as hereinafter provided and have in his or her possession a valid license authorizing him, her or it to engage in the trade or occupation of a builder or building contractor in the city.

(b)   No permit for any building or construction work shall be issued for any such work to be performed by a builder or building contractor, as defined, who has not first obtained a license upon making a proper application and payment of the license fee as required.

(c)   It shall be unlawful for any person, firm, company, association or corporation to enter into a contract or agreement with another so as to bring himself, herself, or itself under the definition of builder or building contractor herein, or to perform any work as a builder or building contractor or any work under a contract for any work involving the construction, alteration, remodel, wrecking or moving of any building or structure requiring a building permit under this article, without first having obtained a builder’s or building contractor’s license issued by the city.  It is further unlawful for any person issued a license to contract for any work other than specified by such license without first obtaining the required license to perform each separate trade.

(d)   No building permit shall be issued to any contractor who has not first obtained a license or who is delinquent in payment of his/her annual license fee or whose certificate of insurance has expired or whose license has been suspended or revoked by action of the City Board of Appeals (CBOA).

(Code 2008; Ord. 3771; Ord. 3811)

(a)   Application for a builder’s or building contractor’s license shall be made upon a form to be supplied by the city which shall disclose the name of the applicant, his or her place of business in the city (and home office if a nonresident), the kind of contracting work engaged in the length of time engaged in such work and places where work has been performed within the past two years. The application shall be signed by the builder or building contractor or his or her authorized agent. Such license shall be issued by the chief building official or his or her designee, upon payment of the fees hereinafter provided.

(b)   Application Form. The City of Osawatomie shall receive and process contractor license applications. All applicable fees as set forth in the annual fee resolution shall accompany each original application.

(c)   Application and License Fees.

(1)   Application for contractor's license, name change, organizational change or change of the qualified person shall include information as the City may prescribe and shall be accompanied by the applicable fee.

(2)   Where required by Section 4-232, each application must list a qualified person. The qualified person is considered the applicant for a license and must have the ability to sign contracts that legally bind the individual, partnership or corporation. The qualified person shall be the individual, for an individual license; one (1) of the partners, for a partnership license; an officer or active member in the corporation for a corporate license.

(3)   Upon approval of the application and verification of qualifications in accordance with this article, the Code Official shall issue the requested license upon payment of the annual fee required the annual fee resolution.

(4)   Fees shall not be prorated because part of the year has elapsed.

(d)   Renewal or Reinstatement of License.

(1)   Every contractor license shall be issued on a calendar year basis to expire on December 31 of each year. License renewal fees shall be due on the 15th day of December.  A license renewal application may be submitted to the city beginning on November 1 through and including December 15. Applications and payment received prior to end of business on December 15 shall receive a credit as established by the annual fee ordinance.  Renewals received after January 31 shall be considered new contractors, and all applicable license requirements shall be presented at the time of application; the contractor shall pay a reinstatement fee as established in the annual fee ordinance.

(2)   No permits will be issued to any contractor without a current contractor's license.

(3)   When insurance coverage expires, the license shall be considered to expire by limitation, and notice will be sent to the license holder. The license will not be reinstated until an original certificate of insurance as required by this code has been submitted and the reinstatement fee is paid.

(4)   Any construction permits that the license holder possesses shall be considered to be null and void when the holder of the license or one (1) of the designated contractors on the construction project authorized by a construction permit has expired or when insurance coverage has lapsed.

(Code 2008; Ord. 3771; Ord. 3811)

Documentation. Any contractor who applies for a license to perform work in the City of Osawatomie shall provide the following documentation as well as pay any relevant fees as may be required by the City Council under a separate action.

(1)   Liability Insurance Requirements:

(A)  General Aggregate: $1,000,000

(B)  Each Occurrence: $500,000

(2)   Bonding Requirements: The City has the discretion to require certain projects to be bonded.

(3)   Licensing Requirements:  Each contractor shall:

(A)  apply for and obtain a license issued directly by the City of Osawatomie according to the provisions in this article, or

(B)  apply for a reciprocal license by presenting a valid license issued by Miami County, Kansas, or the City of Osawatomie, Kansas, where the contractor City Building official is aware that any license issued from these jurisdictions requires International Code Council testing and eight continuing education units per year. The applicant shall only be permitted to perform such work within the City of Osawatomie as is permitted by the class of license issued under the licensing jurisdiction.

Exceptions. Any individual who makes application for a permit to perform work on any residential or commercial structure that is owned by that individual shall not be required to register as a contractor with the City of Osawatomie to perform the permitted work

(Ord. 3577, Sec. 2; Ord. 3634, Secs. 1:2; Code 2008; Ord. 3757; Code 2018; Ord. 3771; Ord. 3811)

(a)   The license of any builder or building contractor may be suspended temporarily, for a period of not to exceed 30 days at any one time, by the chief building official upon his or her own motion or upon a complaint of the city building inspector. Notice shall be given in writing to such builder or building contractor giving reasonable notice of a time of hearing of the complaint or the matter alleged against such builder or building contractor involving any one or more of the following:

(1)   Misrepresentation of a material fact by applicant in obtaining a license;

(2)   Use of license to obtain a building permit for another;

(3)   Failure or neglect to observe conditions of permit authorizing encumbering of streets or sidewalks for safety of public;

(4)   Performance of any building or construction work without a permit where one is required by law; or

(5)   Willful disregard of any violation of the building and construction laws, or failure to comply with any lawful order of the city building inspector.

(b)   Any licensee may within 15 days appeal in writing to the Building Code Board of Appeals (BCOA) from any order of the chief building official suspending his or her license for its final decision thereon. The Building Code Board of Appeals may upon such hearing terminate such suspension within not more than 30 days thereafter, or may revoke such license. If any license shall be revoked, the builder or building contractor shall not be eligible for a new license during a period of six months thereafter. No fee shall be refunded in event of the suspension or revocation of any contractor’s license.

(c)   It shall be unlawful to engage in the occupation or trade of builder or building contractor during the time any license of such builder or building contractor has been suspended or revoked within the City of Osawatomie.

(Code 2008; Ord. 3771; Ord. 3811)

Nothing herein contained shall prohibit any property owner from personally performing any building or construction work within and upon his or her own residence and intended for his or her personal use and permanent occupancy; provided, the owner shall satisfy the building inspector as to his or her ability to perform such work, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive a certificate of approval. Personal building or construction performed by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a builder or building contractor licensed by the city.

(Code 2008; Ord. 3811)

Multiple classes. There shall be separate classes of licenses authorized for contractors as provided in Section 4-408.

(a)   A contractor may become licensed in any classification by submitting to the examination as set forth in Section 4-409 for the particular class involved and paying the fee required for the classification as set forth by the City’s annual fee resolution.

(b)   A Class A, B or C general contractor may perform foundation, roofing or site utility installation work on projects for which they are the permit holder or are listed as the primary general contractor without being required to obtain the appropriate Class S, special trades license. No contractor shall undertake any electrical, plumbing or mechanical work for which a license is required without first obtaining the required license for each separate trade.

(c)   Business entities. A corporation, limited liability company, partnership, joint venture or other legal entity or enterprise may obtain, in the entity's name, a building permit provided that such entity has in its regular employ a person who is licensed as a contractor under this Article and such individual is the signatory on the building permit on the entity's behalf. Only a contractor licensed under provisions of this Section may obtain a building permit on behalf of a corporation, partnership, limited liability company, joint venture or other business entity or enterprise. Every contractor by obtaining a building permit in the name of such corporation, partnership, limited liability company, joint venture or other business entity or enterprise shall certify that such contractor is the employee or principal of such business entity or enterprise.

(Ord. 3771; Ord. 3811)

(a)   General Contractor—Classes.

(1)   Class "A", General Contractor. A Class A license shall entitle the holder thereof to build, remodel, repair, move or demolish any structure without limitation of use, type of construction, height or area.

(2)   Class "B", General Contractor. A Class B license shall entitle the holder thereof to build, remodel, repair, move or demolish all structures not exceeding three (3) stories in height. A Class B license holder shall also entitle the license holder to perform non-structural remodeling, tenant finish, repairs and demolition of any structure.

(3)   Class "C", Residential General Contractor. A Class C license shall entitle the holder thereof to build, remodel, repair, move or demolish single-family or duplex residences and buildings accessory thereto.

(4)   Class "D", General Contractor. A Class D license shall entitle the holder thereof to build, remodel, repair, move or demolish detached agricultural buildings, detached residential accessory buildings, residential swimming pools and minor ancillary structures associated with single-family dwellings.

(b)   Electrical Contractor. An electrical contractor's license shall entitle the holder thereof to perform electrical contractor services in City of Osawatomie and the Community Growth Area Contractor Licensing Program administered under this code.

(c)   Plumbing Contractor. A plumbing contractor's license shall entitle the holder thereof to perform plumbing contractor services in City of Osawatomie and the Community Growth Area Contractor Licensing Program administered under this code.

(d)   Mechanical Contractor. A mechanical contractor's license shall entitle the holder thereof to perform mechanical contractor services in City of Osawatomie and the Community Growth Area Contractor Licensing Program administered under this code. 

(e)   Class S, Special Trades License. A Class S license shall entitle the holder thereof to act as either the primary contractor or a subcontractor in the following trades:

(1)   Foundation and flatwork contractor. A foundation and flatwork contractor's license shall entitle the holder thereof to contract for and to install, repair and replace building foundations and/or concrete flatwork.

(2)   Fire protection contractor. A fire protection contractor license shall entitle the holder thereof to install, maintain, repair, service, test and inspect fire alarms, automatic sprinkler, special suppression systems and standpipe systems for all structures, including all spray and deluge, carbon dioxide, foam, dry chemical and inert gas systems and all related lines, tanks, fire control systems and appurtenances to any of the foregoing. Such contractor shall be responsible for the training and oversight of all tradesmen in its employment as well as the means, method and manner of the fire protection installation including construction, improvement, renovation, repair and maintenance on a construction project.

(3)   Roofing contractor. A roofing contractor's license shall entitle the holder thereof to contract for and to install, repair and replace roof coverings. Work may include roof deck and roof deck insulation, roof coating, painting, covering and may include use of sheet metal and installation of other sheet metal products incidental to roofing work or other material in connection therewith or any combination thereof.

(4)   Site utility installer. A site utility installers contractor's license shall entitle the holder thereof to contract for and to install, repair and replace water service piping, conduit and conductors for electrical service laterals and underground gas piping on residential or agricultural property.

(5)   Tower contractor. A tower contractor's license shall entitle the holder thereof to contract for and perform erection of towers for utilities and communications.

(6)   Siding and windows contractor. A siding and windows contractor's license shall entitle the holder thereof to install, repair and replace siding and/or windows.

(7)   Sign contractor. A sign contractor's license shall entitle the holder thereof to contract for and to install, repair or maintain outdoor advertising signage. If electrical wiring is associated with signage work, a licensed electrical contractor is required to perform such work.

(8)   Excavation and landscape contractor. An excavation and landscape contractor's license shall entitle the holder thereof to contract for and to perform excavation and/or landscape design and installation.

(Ord. 3771; Ord. 3811)

Contractors making application for a license shall satisfy one (1) or more of the following provisions prior to a license being granted:

(a)   Contractors making application for a new Class A, B or C general contractor license shall submit a certificate of competency from a qualified national testing service with their application, with the following exceptions:

(1)   In lieu of a nationally administered certification for Class D general contractors and all Class S, special trades license classes, the Code Official may accept proof of factory training or other specialty training specific to their area of licensure.

(2)   In lieu of the required certificate of competency, applicants for a Class A, B or C general contractor license may submit evidence of holding a bachelor's degree in engineering, architecture or construction science from an accredited college or university.

(b)   Contractors making application or renewing an electrical contractor's license shall submit a master electrician certificate of competency from a qualified national testing service with their application, with the following exception.

(c)   Contractors making application or renewing a plumbing contractor's license shall submit a master plumbing with gas certificate of competency with their application.

(d)   Contractors making application or renewing a mechanical contractor's license shall submit a master mechanical contractor with gas certificate of competency with their application.

(Ord. 3771; Ord. 3811)

(a)   The City of Osawatomie may establish continuing education requirements, rules and regulations for contractors licensed under this Article. Every contractor shall demonstrate compliance with such continuing education requirements prior to license renewal.

(b)   Evidence of having completed a minimum of eight (8) hours of code-related continuing education that is approved by the City of Osawatomie shall be submitted with applications for contractor license.  A minimum of four (4) hours of the required eight (8) hours of continuing education shall be directly related to the trade for which a contractor is licensed for electrical, plumbing and mechanical contractors. For contractors holding multiple trade licenses, four (4) hours of continuing education shall be obtained for each trade. It shall be the responsibility of a licensed contractor to attend a qualifying continuing education class may be counted towards continuing education unit requirements. Any fees associated with attendance in continuing education is the responsibility of the contractor.

(c)   The Codes Official shall keep a listing of approved educational classes and make it available to licensed contractors.

(Ord. 3771; Ord. 3811)