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Kingman Overview
Kingman, KS Code of Ordinances
KINGMAN, KANSAS CODE OF ORDINANCES
ADOPTING ORDINANCE
CHAPTER I: ADMINISTRATION
CHAPTER II: ANIMAL CONTROL AND REGULATION
CHAPTER III: BEVERAGES
CHAPTER IV: BUILDINGS AND CONSTRUCTION
CHAPTER V: BUSINESS REGULATIONS
CHAPTER VI: ELECTIONS
CHAPTER VII: FIRE
CHAPTER VIII: HEALTH AND WELFARE
CHAPTER IX: MUNICIPAL COURT
CHAPTER X: POLICE
CHAPTER XI: PUBLIC OFFENSES
CHAPTER XII: PUBLIC PROPERTY
CHAPTER XIII: STREETS AND SIDEWALKS
CHAPTER XIV: TRAFFIC
CHAPTER XV: UTILITIES
CHAPTER XVI: ZONING AND PLANNING
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 4-219 BUILDER OR BUILDING CONTRACTOR DEFINED.
   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, gasfitters, 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.
§ 4-220 BUILDER’S OR BUILDING CONTRACTOR’S LICENSE REQUIRED; BUILDING PERMITS; UNLAWFUL ACTS.
   (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.
§ 4-221 SAME; APPLICATION; GRANTING.
   (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.
§ 4-222 SAME; LICENSE FEES; CONDITIONS; RENEWAL; UNLAWFUL ACTS.
   (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 approved by the governing body and listed in the latest City of Kingman Schedule of Fees;
         (B)   Limited builder or building contractor, who shall qualify to engage in not more than one kind of contract work, the sum as approved by the governing body and listed in the latest City of Kingman Schedule of Fees;
         (C)   House wreckers or movers, the sum as approved by the governing body and listed in the latest City of Kingman Schedule of Fees;
         (D)   Sign hangers and panel posters, the sum as approved by the governing body and listed in the latest City of Kingman Schedule of Fees; and
         (E)   Roofing contractor, the sum as approved by the governing body and listed in the latest City of Kingman Schedule of Fees.
      (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.
§ 4-223 RESERVED.
§ 4-224 INSURANCE.
   A builder or contractor may qualify us to the insurance requirements of this section by filing a certificate of general liability insurance, with a limit of no less than $500,000, with the City Clerk executed by the resident agent of such company stating that:
   (a)   The required policy of insurance has been issued by such company for the purpose required by this section;
   (b)   Such insurer will not cancel the policy except upon giving 30 days’ notice in writing to the city; and
   (c)   The certificate shall be filed for an annual period each year.
(Ord. 2072, passed 3-11-2021)
§ 4-225 LICENSE SUSPENSION; REVOCATION; APPEAL; UNLAWFUL ACTS.
   (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.
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