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For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDER or BUILDING CONTRACTOR.
(1) 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;
(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.
(2) A BUILDER or BUILDING CONTRACTOR shall not mean or include:
(A) Any subcontractor, except for a roofing contractor, working under the supervision of a general contractor;
(B) Any plumbers, gas-fitters, electricians or other specialized occupation for which special licenses or bonds are required by other city laws;
(C) Any owner or his or her authorized agents or employees making ordinary repairs to his, her or its own building or structure not involving the structural parts of the building for which a permit is not required or on which a contractor, as defined, is not required, employed or engaged to perform;
(D) Any property owner personally performing any improvements, alterations or building construction within or upon his or her own residence and intended for his or her own personal use and permanent occupancy; provided, the owner shall satisfy the Building Official 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 approval. Personal building construction 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; or
(E) Any person engaged in construction work not involving a total cost of greater than a fee as set by the governing body, exclusive of labor.
(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, wrecking or moving of any building, without first having obtained a builder’s or building contractor’s license issued by the city.
(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 (as general contracting, roofing, siding, masonry, plastering, lathing, excavating, water-proofing, metal work, foundation work, sign hanging, cement work and painting and paper hanging, house wrecking, or moving and the like), 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. The applications shall be, by the Chief Building Official, referred to the governing body at its next meeting for action thereon. Such license shall be issued by the City Clerk, upon payment of the fees hereinafter provided after approval of the governing body.
(b) If the applicant is in the business of a roofing contractor, as defined by the Kansas Roofing Registration Act (KRRA), K.S.A. 50-6,121 et seq., and amendments thereto, the applicant shall be required to have a valid state registration as required under the KRRA and shall present such certificate to the City Clerk when applying for a builder’s or building contractor’s license. No such license shall be issued until it is verified that the roofing contractor is in good standing pursuant to the KRRA; provided, however, that this division (b) does not apply to an “exempt general contractor” as defined in K.S.A. 50-6,122, and amendments thereto.
(a) (1) The following license fees shall be paid for the calendar year or major fraction thereof:
(A) General builder or building contractor, who shall qualify to engage in more than one kind of contract work, except house moving, the sum as set by the governing body;
(B) Limited builder or building contractor, who shall qualify to engage in not more than one kind of contract work, the sum as set by the governing body;
(C) House wreckers or movers, the sum as set by the governing body;
(D) Sign hangers and panel posters, the sum as set by the governing body; and
(E) Roofing contractor, the sum as set by the governing body.
(2) Any license issued on or after July 1 of each year shall be issued upon payment of one-half the annual license fee.
(b) Each such license shall set forth the kind of contract work in which the licensee may engage. The licensee shall display his or her license at any place where he or she may be engaged in contract work or produce the same on demand of any city officer. All licenses shall be renewable annually as in the case of an original license on or before January 1 of the year for which issued.
(c) It shall be unlawful for any person, firm or corporation to contract for any kind of work covered by this article without having a valid license issued by the city to perform such contracts.
(a) Before any license shall be issued to any builder or building contractor required by this article to obtain a license and pay a fee to the city, the builder or building contractor shall secure and file with the City Clerk a good and sufficient corporate surety bond in the principal sum, as set by the governing body, conditioned that the principal named therein shall faithfully and fully observe all laws of the city relating to the business or occupation for which a license is desired and further conditioned to hold and save the city harmless and free of claims for loss or damage to persons or property, or from damage, injury or destruction of property belonging to the city, resulting from, or arising out of, the negligence or failure of the principal or any of his, her or its employees, agents or servants to use due care or diligence respecting any opening or excavation made in, or adjacent to any street, alley or public ground in the city, or any materials stored, placed or used in any such places, or the operation or use of any vehicle, machinery or equipment in the streets, alleys or public grounds in connection with the business or occupation licensed. Each such bond shall be issued by a company authorized to do business in the state and shall be executed by an agent of the company residing in the county and further conditioned that in the event of cancellation or expiration that the company or agent will give ten days’ notice of such fact to the City Clerk. Each such bond shall be approved as to form by the City Attorney and approved as to surety by the City Treasurer person designated by the city and the approval thereof shall be endorsed on the bond by the City Attorney and by the Mayor over their signatures.
(b) Each bond shall be dated to run from the first day of any license issued by the city to the principal and may cover a period of not to exceed two years. No bond shall be renewed by an extension certificate but a new bond shall be filed by the principal for each successive period following the renewal thereof. The city reserves the right to furnish the form of all surety bonds as may be required by this article.
In addition to obtaining a corporate surety bond as required by § 4-223, a builder or building contractor must procure and maintain a liability insurance policy in the amount of $100,000 for the death or injury of any one person and $300,000 for the death or injury of any number of persons in any one accident and $50,000 for property damage in any one accident. Such policies of insurance shall be issued by some insurance company authorized to do business in the state. A builder or building contractor may qualify as to the insurance requirements by filing a certificate with the City Clerk executed by the resident agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by this article and that such insurer will not cancel the policy except upon giving 30 days’ notice in writing to the city; and that the certificate shall be filed for an annual period beginning January 1 and ending December 31 of such year.
(a) (1) 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.
(2) 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:
(A) Misrepresentation of a material fact by applicant in obtaining a license;
(B) Use of license to obtain a building permit for another;
(C) Failure or neglect to observe conditions of permit authorizing encumbering of streets or sidewalks for safety of public;
(D) Performance of any building or construction work without a permit where one is required by law; or
(E) 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 governing body from any order of the Chief Building Official suspending his or her license for its final decision thereon. The governing body 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.
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.
This article shall not be construed to relieve from any liability or lessen the liability of any person performing any activity connected herewith, nor shall the city be held as assuming any liability by reason of any inspection authorized herein, by reason of any certificate of inspection issued by it or by reason of any permit or license granted herein.
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