CHAPTER 4. BUILDINGS AND CONSTRUCTIONCHAPTER 4. BUILDINGS AND CONSTRUCTION\Article 4. Contractor Licensing Code

Article 4. Contractor Licensing Code

This Article may and will hereafter be referred to as the “City of Paola and the Community Growth Area Contractor Licensing Code”.

(a)   The purpose of this Article is to protect the public health and safety by assuring that the persons acting in the capacity of a contractor that are responsible for the construction, alteration, repair or demolition of structures in City of Paola and the Community Growth Area are qualified to perform such services.

(b)   It is further the intent that owners of single-family residential properties be permitted without special qualification to perform any work on residential structures that they personally occupy.

(Prior Code §500.325; Code 2021)

The City of Paola and the Community Growth Area Code Official shall issue contractor licenses for the classes of contractors specified by Section 4-412 upon verification of credentials of applicants required by Section 4-412 and the payment of fees as prescribed by Table 4-411 for each class of license being requested.

(Prior Code §500.330; Code 2021)

(a)   A “contractor”, within the meaning of this Article, is any individual person, corporation, limited liability company, joint venture or other legal entity or enterprise that undertakes with or for another, with or without compensation, to construct, alter, repair or demolish any structure or any portion thereof.

(b)   Unless provided otherwise by this code, no building permit shall be issued to any person who is not a licensed contractor.

       EXCLUSIONS. The following persons are not contractors within the meaning of this Article:

(1)   An employee or agents working for and under the supervision of a contractor licensed under this Article;

(2)   An electrician, plumber, mechanical installer or other specialized trades person for whom another license is required under provisions of this Article;

(3)   A homeowner that owns and personally occupies property, who undertakes the construction, alteration, repair or maintenance of such homeowner’s single-family residence or an accessory structure thereto. Notwithstanding the foregoing, for purposes of this Article, any person who undertakes the construction of a new residence that they will own and occupy more than once in any three (3) year period or substantial improvement to existing residences more than three (3) times in any five (5) year period shall be deemed to be a “contractor” under this Article.

(4)   A homeowner may demolish a residential structure, agricultural building or detached accessory building when the building or structure being demolished is set back from any property line or right-of-way a minimum distance of twenty-five (25) feet or as deemed a safe distance from adjoining properties by the Code Official, if the Code Official deems that the homeowner may safely carry out the task.

(Prior Code §500.340; Code 2021)

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 of Paola Code Board of Appeals (CBOA). It is further unlawful for any person to enter into a contract with another so as to bring himself/herself under the classification of a contractor as defined in Section 4-404 or to perform any work as a contractor or any work under a contract without having first obtained a contractor’s license. It is 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.

(Prior Code §500.350; Code 2021)

(a)   Every contractor shall keep in force a policy of commercial general liability insurance including completed operations/products coverage. Such insurance policy shall be written with an insurance company licensed as an admitted insurance company in the State of Kansas. Class A and B general contractors shall maintain general liability coverage in an amount not less than two million dollars ($2,000,000.00) per occurrence combined single limit for bodily injury and property damage. All other classes of contractors shall maintain general liability coverage in an amount not less than one million dollars ($1,000,000.00) per occurrence combined single limit for bodily injury and property damage. Provisional contractors shall carry the same amount of insurance as required for the class of license held. In addition, every contractor shall procure and maintain Worker’s Compensation insurance as required by law. A contractor, at the time of licensing under this Article, shall provide the City of Paola with an original certificate of insurance verifying the insurance coverage required by this Section.

(b)   The City of Paola shall be added as a “certificate holder” to the insurance policy by the insurance company issuing the certificate of insurance, requiring the insurance company to notify City of Paola and the Community Growth Area in writing of any change in coverage or cancellation of such policy at least ten (10) days prior thereto.

(Prior Code §500.360; Code 2021)

(a)   Every contractor who has obtained a license as set forth in this Article shall have and maintain an established place of business at a definite address and telephone number listed.

(b)   If said place of business is located in City of Paola or the Community Growth Area, the place of business shall comply with all rules and regulations of the City of Paola.

(c)   Contractors holding a current license shall be responsible for notifying the City of Paola Office of Community Development of any changes of address or phone contact information.

(Prior Code §500.370; Code 2021)

No person shall perform any work as a contractor in the City of Paola and the Community Growth Area without first obtaining a contractor’s license from the City of Paola. No building permit shall be issued to any person who does not have a current license as required by this Article. Upon issuance of a building permit to a contractor, such contractor shall be responsible for all work undertaken pursuant to such building permit, including work done by the contractor’s employees, agents and subcontractors. Licensed contractors shall be responsible for all funds or property received by him/her for prosecution or completion of a specific contract or for a specific purpose.

(Prior Code §500.380; Code 2021)

There shall be separate classes of licenses authorized for contractors as provided in Section 4-412(A – F).

(1)   Multiple classes.

(A)  A contractor may become licensed in any classification by submitting to the examination as set forth in Section 4-410 for the particular class involved and paying the fee required for the classification as set forth in Table 4-411.

(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.

(2)   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.

(Prior Code §500.390; Code 2021)

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

(1)   Contractors making application for a new Class A, B or C general contractor license on or after January 1, 2009 shall submit a certificate of competency with their application.

(2)   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.

(3)   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 with their application.

(b)   Exception: Existing contractors holding a valid provisional electrical contractor’s license as allowed by section 4-412(e).

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

(c)   Exception: Existing contractors holding a valid provisional plumbing contractors license as allowed by section 4-412(e).

(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.

Exception: Existing contractors holding a valid provisional mechanical contractor’s license as allowed by section 4-412(e).

(Prior Code §500.400; Code 2021)

(a)   The City of Paola Code Board of Appeals 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 CBOA shall be submitted with applications for contractor license renewal for the 2009 and subsequent licensing years. 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 and provide a copy of a certificate of attendance to the licensing authority. American Red Cross and American Heart Association basic first aid and CPR classes may be counted towards continuing education unit requirements. Any fees associated with attendance in continuing education is the responsibility of the contractor.

(c)   The City of Paola Office of Community Development shall keep a listing of approved educational classes and make it available to licensed contractors.

(Prior Code §500.405; Code 2021)

(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 Paola 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 Paola 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 Paola 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)   Non-specialist contractor. A non-specialist contractor’s license shall entitle the holder thereof to remodel or repair any structure. A higher level of contractor license may be required if, in the opinion of a Code Official, the extent of work exceeds the scope of work intended by this classification.

(2)   Non-specialist Contractor License Deleted: As of September 11, 2012, the non-specialist contractor’s license shall no longer be issued by the City of Paola. Non-specialist contractor’s licenses issued prior to this date will continue to be valid provided that the license holder continues to renew said license without lapse. Once an existing license lapses or is not renewed by the holder, it shall not be reinstated by the City.

(3)   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.

(4)   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.

(5)   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.

(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.

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

(Prior Code §500.410; Ord. 3052; Code 2021)

(a)   Application Form. The City of Paola Office of Community Development shall receive and process contractor license applications. All applicable fees as set forth in Section 4-413 and Table 4-411 shall accompany each original application.

(b)   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 Code Board of Appeals may prescribe and shall be accompanied by the applicable fee required by Table 4-411.

(2)   Where required by Section 4-410, 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 Section 4-410 and insurance requirements in accordance with Section 4-406, the Code Official shall issue the requested license upon payment of the annual fee required by Table 4-411.

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

(c)   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 of twenty-five dollars ($25.00). Applications and licenses received from December 16 through and including January 31 shall pay the late fee of twenty-five dollars ($25.00) in accordance with Table 4-411 to offset administrative costs incurred as a result of such late renewal. 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 of fifty dollars ($50.00) in addition to the late fee. If a provisional contractor license is not renewed prior to the deadline date of January 31, it shall be considered new, and all current applicable contractor license requirements shall be required prior to a license being issued.

(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 Section 4-406 of this code has been submitted and a reinstatement fee in accordance with Table 4-411 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.

Table 4-411

License and Registration Fees

Type of License                                                                                    Fee

Class A general contractor                                                                    $150.00

Class B general contractor                                                                     $150.00

Class C residential general contractor                                                    $150.00

Class D general contractor                                                                    $150.00

Electrical contractor                                                                              $150.00

Plumbing contractor                                                                             $150.00

Mechanical contractor                                                                          $150.00

Class S special trades contractor (except non-specialist contractor)          $100.00

Non-specialist contractor. As of September 11, 2012, the non-specialist contractor’s license shall no longer be issued by the City of Paola. Non-specialist contractor’s licenses issued prior to this date will continue to be valid, provided that the license holder continues to renew said license without lapse. Once an existing license lapses or is not renewed by the holder, it shall not be reinstated by the City.                                                                                                            $150.00

Reinstatement fee                                                                                 $50.00

Early renewal                                                                                       $25.00 CREDIT

(5)   For each additional license holder in the same license classification, a fee of fifty dollars ($50.00) will apply for the license fee. An application form and all applicable documentation shall be submitted.

(6)   For contractors holding multiple classifications of licenses, the first shall be at the full license amount, with additional licenses for the same licensee being fifty dollars ($50.00) per license.

(7)   Faxed certificates of insurance will not be accepted. An original certificate of insurance shall be received prior to a license being issued.

(Prior Code §500.420; Ord. 3052; Ord. 3102; Code 2021)

(a)   The CBOA shall have the authority to discipline any contractor subject to the requirements of this Section including the suspension or revocation of the contractor’s license issued under the provisions of this Section. Before any contractor’s license is suspended or revoked, a hearing shall be held by the Board upon not less than ten (10) days’ notice to the affected contractor. The CBOA may suspend or revoke a contractor’s license if the Board concludes, following a hearing, that the contractor’s action or inaction is:

(1)   A violation of the provisions of this code, any applicable building safety code or any lawful order of the Code Official;

(2)   A misrepresentation of a material fact made in connection with obtaining a contractor’s license or building permit;

(3)   A fraudulent or deceitful use of a contractor’s license to obtain or to allow an unlicensed contractor to obtain a building permit;

(4)   A failure to obtain a building permit or a timely inspection as required by any applicable building safety code;

(5)   A failure to exercise regular, routine control and supervision over a construction project for which the contractor has obtained a building permit or has established responsibility for a specific trade thereof;

(6)   A failure to timely obtain a certificate of occupancy for a structure as required by applicable building safety codes;

(7)   A failure to prevent any unlicensed contractors when licenses are required by this code to perform work on a job site for which the contractor obtained a building permit; or

(8)   A failure to pay any required application or licensing fees, building permit fees, inspection fees or other fees required by the City of Paola Building Code.

(Prior Code §500.430; Code 2021)

(a)   Upon a finding by a majority of the members present at the hearing that a contractor has violated one (1) or more of the provisions of section 4-414(a)(1) through (a)(8), the Board may admonish, reprimand or take appropriate disciplinary action against such contractor including, but not limited to:

(1)   Suspension of the contractor’s license for a fixed period not to exceed ninety (90) days;

(2)   Suspension of the contractor’s license for a fixed period exceeding ninety (90) days, provided however, the contractor shall have the right to have the suspension and the terms thereof reconsidered by the Board at the expiration of the first ninety (90) days and every ninety (90) days thereafter to determine if just cause exists to modify or terminate the suspension. Such reconsideration may, at the Board’s option, include a hearing.

(3)   Revocation of the contractor’s license for a period not less than twelve (12) months from the date of suspension. A contractor’s license shall be revoked if the contractor’s license has been suspended three (3) times during any thirty-six (36) month period. A contractor may appeal any decision of the Code Board of Appeals to the City of Paola by filing notice of appeal with the City Clerk within fifteen (15) days following the Board’s written decision.

(Prior Code §500.440; Code 2021)

A contractor shall not be found in violation of this code, nor disciplined by the Board, for a violation of an applicable building safety code provision if the contractor provides substantial and compelling evidence that the violation occurred as the result of the contractor’s good faith compliance with the building plans and specifications prepared or approved by an architect or engineer licensed by the State of Kansas.

(Prior Code §500.450; Code 2021)

(a)   Any person may file a written complaint with the CBOA on forms provided for that purpose. Every complaint shall set forth one (1) or more of the conditions specified by section 4-414 (1) through (8).

(1)   Consumer complaints. Consumer complaints relating to the quality of materials, workmanship, untimely construction, contract disputes and similar are beyond the jurisdiction of the CBOA. No complaint shall be considered by the CBOA unless it meets the requirements of section 4-414.

(Prior Code §500.460; Code 2021)

Upon a finding by a majority of the members present at the hearing that a contractor has violated one (1) or more of the provisions of the contractor licensing regulations, the CBOA may admonish, reprimand or take other appropriate disciplinary action against such contractor.

(Prior Code §500.470; Code 2021)

(a)   All contested matters pertaining to the approval, issuance, suspension, revocation, renewal and reinstatement of licenses, including examinations, shall be heard by the CBOA. The hearing shall be informal but witnesses shall testify under oath and a written decision shall be rendered by the CBOA setting forth the relevant findings and conclusions for any action taken by the CBOA. The Chairman or the Chairman’s designate shall preside over the hearing.

(1)   Hearing procedure. A hearing shall be held before the CBOA after not less than ten (10) days’ notice to the contractor and to the complainant setting forth the hearing date, time and place and stating in general terms the nature of the complaint. The written complaint, including any supporting material or documents, shall be provided to the contractor prior to or at the hearing. The burden of proof shall be on the complainant to show, by a preponderance of the evidence presented, that the allegations set forth in the complaint are true. If the complainant or a representative of the complainant fails to appear at the scheduled hearing, the CBOA may nonetheless proceed with the hearing. For good cause shown the CBOA may grant a continuance, hold a hearing open, allow additions to the record after the hearing has concluded or take other action in the interest of justice.

(2)   Appeal. A contractor may appeal any decision of the CBOA to the City of Paola by filing a notice of appeal with the CBOA within fifteen (15) days of the decision. The fifteen (15) day appeal period shall commence three (3) days after the date the written decision is mailed to the contractor. The CBOA secretary shall forward the CBOA decision to the City of Paola together with the CBOA record.

(Prior Code §500.480; Code 2021)

(a)   These rules and regulations may be amended by the CBOA at any regular or special meeting upon a vote of not less than two-thirds (2/3) of those present at such meeting.

(b)   Recommendation for amendments to these rules and regulations shall be forwarded to the City of Paola for final approval before amendments become effective.

(Prior Code §500.490; Code 2021)

It is hereby declared the intention of the City of Paola that the Sections, paragraphs, sentences, clauses and phrases contained within these regulations are to be severable and should any Section or provision of these regulations be declared unconstitutional or otherwise ruled to be invalid by any court of competent jurisdiction in a valid judgment or decree, then such decision or ruling shall not affect the validity of the regulations as a whole or any part of them other than the specific part declared to be unconstitutional or ruled to be invalid.

(Prior Code §500.500; Code 2021)