There is hereby incorporated by reference for the purpose of providing minimum regulations for the construction, erection, remodeling, alteration, repair or expansion of any building or structure, the “International Building Code,” 2018 Edition, and the “International Residential Code,” 2018 Edition, including all appendices to each, prepared and published in book form by the International Code Council, Inc., except such articles, sections, parts or portions as are hereinafter omitted, deleted, modified or changed.  Any errata officially published by the International Code Council, Inc., shall become part of the International Building Code and/or the International Residential Code when placed on file by the administrative authority.  If any conflict or discrepancy exists between this article and the referenced International Building Code or the International Residential Code, the provisions of this article shall rule.  No fewer than three copies of the International Building Code and of the International Residential Code shall be marked or stamped “Official Copy as Incorporated by Reference by the Code of the City of Newton, Kansas,” with all sections or portions thereof intended to be deleted, changed or amended clearly marked to show such deletion, change or amendment, and to which shall be attached a copy of this ordinance and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.  All administrative departments of the City charged with the enforcement of the ordinance shall be supplied, at the cost of the City, such number of official copies of such International Building Code and International Residential Code similarly marked, deleted and changed as may be expedient.

(Ord. 4497-04; Ord. 4691-09; Ord. 4843-14; Ord. 5055-21; Ord. 5125-23)

(a)   In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this building code, there is hereby created a board of examiners and appeals consisting of five members who are qualified by experience and training to pass upon matters pertaining to building and construction. The board shall consist of two persons appointed at large and if possible having architectural or engineering backgrounds, three contractors, one from Class A, one from Class A, B, or C and one from Class C or D, and the building inspector who shall act as secretary of the board. The city attorney shall act as advisory counsel for the board. The five members shall be appointed by the governing body to serve in the first instance for the following terms: First appointment at large, term of one year; second appointment at large and the Class A contractor, term of two years; for the Class A, B, or C contractor and for the Class C or D contractor, term of three years. All appointments thereafter shall be for terms of three years each.

(b)   The board of examiners and appeals shall hear and determine all appeals from the orders of the administrative authority and act as an arbitration board in deciding any matters that may arise between the administrative authority and any person relative to the interpretation of this article. All proceedings before the board shall be recorded in writing and the determination of the board shall be final.

(c)   Where conditions exist which are not covered by the IBC/IRC or in which it may be shown that it is impractical to follow the requirements of the same, the board of examiners and appeals may grant variances from the strict application of the IBC/IRC. The board is further authorized, and it shall be its duty to pass upon materials or methods of installation not specifically provided for in the IBC/IRC and to accept or reject the same as complying or not complying with the intent of such code. The determination of the board shall be final. The board is further hereby given the responsibility of studying and making recommendations for code amendments relative to the use and installation of any products or materials that are being offered for use in building construction and to review the building code and regulations from time to time and make recommendations for code amendments to the governing body. A copy of such code amendments when they have become effective shall be sent to all persons holding a contractor’s license.

(d)   Any person who wishes an appeal or a variance from the building code shall submit a written application to the administrative authority. The variance application shall be accompanied by a fee in the amount of $100 payable to the city. Such fee shall be retained by the city regardless of the outcome of the hearing. Any application for a variance shall be submitted at least seven days in advance of any regular meeting of the board in order to be considered at such regular meeting. The applicant and/or the applicant’s representative shall be present at the variance hearing to provide evidence and respond to such questions as may arise during the course of the hearing.

(e)   In considering an application for variance from the requirements of the IBC/IRC, the board shall not grant such variance unless it shall, in each case, find affirmative support for each of the following standards in the evidence presented:

(1)   Explain how the variance request arises from such condition which is unique to the structure in question and which were not created by an illegal action of the owner, tenant or contractor;

(2) Explain how the granting of the variance will not adversely affect the rights of adjacent property owners or residents;

(3) Explain how strict application of the provisions of the IBC/IRC of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application;

(4) Explain how the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare;

(5) Explain how the variance desired will not be opposed to the general spirit and intent of the IBC/IRC code.

(f)   The board shall notify the applicant of its determination in writing within 10 days following the conclusion of the hearing. The determination of the board shall be final.

(Ord. 3702; Ord. 5055-21; Ord. 5125-23)

The following deletions from the International Building Code and the International Residential Code incorporated by section 6-101 of this article are hereby adopted.

(a)   The following portions of the International Building Code are hereby deleted: Sections 105.2 #6, 113, Chapter 13; and all appendices thereto.

(b)   The following portions of the International Residential Code are hereby deleted: Sections, 105.2 #5, R112, R313.

(Ord. 4497-04; Ord. 4691-09; Ord. 4843-14; Ord. 5055-21; Ord. 5125-23)

The following amendments to the International Building Code incorporated by section 6-101 of this article are hereby adopted:

(a)   Section 305.2 of the International Building Code is hereby amended to read as follows:

305.2 Group E, day care facilities.  This group includes buildings and structures or portions thereof occupied by more than Ten (10) children older than 21/2 years of age who receive educational, supervision or personal care services for fewer than 24 hours per day

(b)   Section 406.3.2 Separation of the International Building Code is hereby amended to read as follows:

406.3.2.1 Dwelling unit separation.  The private garage shall be separated from the dwelling unit and its attic area by means of gypsum board, not less than ½ inch (12.7 mm) in thickness, applied to the garage side. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than a 5/8-inch (15.9 mm) Type X gypsum board or equivalent and 1/2-inch (12.7 mm) gypsum board applied to structures supporting the separation from habitable rooms above the garage. Door openings between a private garage and the dwelling unit shall be equipped with either solid wood doors or solid or honeycomb core steel doors not less than 13/8 inches (34.9 mm) in thickness, or doors in compliance with Section 716.2.2.1 with a fire protection rating of not less than 20 minutes. equipped with a self-closing or automatic-closing device for new construction. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted.

(c)   Section 1015.1 of the International Building Code is amended to read as follows:

1015.2 Where required. Guards shall be located along open-sided walking surfaces, including mezzanines, equipment platforms, aisles, stairs, ramps and landings that are located more than 30 inches (762 mm) measured vertically to the floor or grade. Guards shall be adequate in strength and attachment in accordance with Section 1607.8.

(d)   The following amendments to the International Residential Code incorporated by section 6-101 of this article are hereby adopted:

(1)   Section R105.2 – Work exempt from a permit:

One-story detached accessory structures, provided that the floor area does not exceed 100 square feet.

(2)   Table R301.2(1) is amended by the insertion therein of the following criteria:

Ground Snow Load: 20 psf

Wind Speed (mph): 90

Seismic Design Category: A

Weathering: Severe

Frost line depth: 30 inches

Termite: M-H

Decay: S-M

Winter Design Temp: 7º

Ice Shield Underlayment Required: Yes

Flood Hazards: 10-2-79

Air Freezing Index: 750

Mean Annual Temp: (no entry)

Insulation: Exterior walls of all residential buildings must have R-13 minimum thermal resistance (R-Value). Attics of all residential buildings must have R-30 minimum thermal resistance (R-Value).

(3)   R302.5.1 of the International Residential Code is amended to read as follows:

R302.5.1 Opening protection.  Openings from a private garage directly into a room used for sleeping purposes shall not be permitted.  Other openings between the garage and residence shall be equipped with solid wood doors not less than 1 3/8 inches (35 mm) in thickness, solid or honeycomb core steel doors not less than 1 3/8 inches (35 mm) thick, or 20-minute fire-rated doors, equipped with a self-closing or automatic-closing device for new construction.

(e)   Section R303.3 Bathrooms. of the International Residential Code is hereby amended to include the following as an additional exception thereto:

Exception:  Bathrooms which contain only a water closet or lavatory or combination thereof, and similar rooms, may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air.

(f)   Section R312.1.1 of the International Residential Code is amended to read as follows:

R312.1.1 Where required. Guards shall be provided for those portions of open-sided walking surfaces, including stairs, ramps and landings that are located more than 30 inches (762 mm) measured vertically to the floor or grade below. Only listed and labeled alternatives shall be approved.

(g)   Section R312.2.1 of the International Residential Code is amended to read as follows:

R312.2.1 Window sills. This section is only applicable to new construction and existing construction where as the opening size(s) are being altered.  In dwelling units, where the top of the sill of an operable window opening is located less than 24 inches (610 mm) above the finished floor and greater than 72 inches (1829 mm) above the finished grade or other surface below on the exterior of the building, the operable window shall comply with one of the following:

Exceptions:

Operable window openings will not allow a 4-inch- diameter (102mm) sphere to pass through where the openings are in their largest opened position.

Operable windows are provided with window fall prevention devices that comply with ASTM F2090.

Operable windows are provided with window opening control devices that comply with Section R312.2.2.

(h)   Section R315.3 of the International Residential Code is amended to read as follows:

R315.3 Where required in existing dwellings.  Where work requiring a permit occurs in existing dwellings, carbon monoxide alarms shall be provided in accordance with Section R315.1 for the following:

Mechanical or gas work requiring a permit in which fuel-fired appliances are being replaced or installed.

Addition and/or renovation of attached garages with communicating openings requiring a building permit.

(i)    Section R403.1 of the International Residential Code is hereby amended to include the following exceptions thereto:

R403.1 General. All exterior walls shall be supported on continuous solid or fully grouted masonry or concrete footings, crushed stone footings, wood foundations, or other approved structural systems that shall be of sufficient design to accommodate all loads according to Section R301 and to transmit the resulting loads to the soil within the limitations as determined from the character of the soil. Footings shall be supported on undisturbed natural soils or engineered fill. Concrete footing shall be designed and constructed in accordance with the provisions of Section R403 or in accordance with ACI 332.

Exception 1: A one-story wood or metal frame building not used for human occupancy using at least two exterior walls as load-bearing may be constructed on a concrete or solid masonry foundation which is not less than eight inches wide and which is not less than 30 inches below finish grade or is on undisturbed earth, whichever is deeper.  No footing is required.

Exception 2: The support of one-story wood or metal frame buildings not used for human occupancy by posts embedded in earth shall be designed as specified in Section R403.  Wood posts or poles embedded in earth shall be pressure-treated with an approved preservative.

Exception 3: A one-story wood or metal frame building not over 200 square feet in floor area may be constructed with walls supported on a wood or metal frame securely anchored to a concrete slab, drilled concrete piers or treated wood foundation plate securely anchored to the ground.

(j)    Sections R401 AND R404 of the International Residential Code are hereby amended such that all references therein to wood footings and foundations shall be applicable only to accessory structures not used for human occupancy.

(k)   Section R404 of the International Residential Code is hereby amended by the addition thereto of basement wall standards as illustrated in Appendix A hereto.

(Ord. 4497-04; Ord. 4691-09; Ord. 4877-15; Ord. 5055-21; Ord. 5125-23)

The International Building Code and the International Residential Code incorporated by Section 6-101 of this article are further hereby amended such that any references therein to the International Electrical Code and the International Plumbing Code are hereby amended to refer instead, respectively, to the National Electrical Code incorporated by Section 6-202 of this chapter and to the International Plumbing Code incorporated by Section 6-301 to this chapter, respectively. If any such references to the International Electrical Code or to the International Plumbing Code are to specific sections thereof, the building official shall determine what the appropriate corresponding reference is to the provisions of the National Electrical Code of the International Plumbing Code.

(Ord. 4497-04; Ord. 4691-09; Ord. 5055-21; Ord. 5125-23)

(Code 2014; Ord. 5055-21; Ord. 5125-23)

It shall be unlawful for any person to do or cause or permit to be done any construction or any erection of any building or structure, or to do or cause or permit to be done any remodeling, demolition in part or in whole, alteration or expansion of any building or structure, without first obtaining a building permit as required by this code; provided however, that no building permit will be required for non-structural repairs and remodeling which has a total value of less than $1,000. Total value is determined by repairs not to include Mechanical, Plumbing and Electrical.

(Ord. 3963, Sec. 1; Ord. 5055-21; Ord. 5125-23)

No permit shall be issued for a building or addition thereto of a public or semi-public nature, such as office buildings, apartment houses exceeding either apartments, churches exceeding 250 seating capacity, schools, hospitals, museums, libraries, art galleries, theaters, and state buildings, or for any buildings where the cost of such is $30,000 or more except single or two-family dwellings, unless the plans and specifications therefor shall have been made by a licensed architect or licensed engineer who has submitted a sworn affidavit that such plans and specifications have been prepared in compliance with this chapter. The application for the permit shall be accompanied by a copy of specifications and of plans drawn to scale with sufficient clarity and detailed dimensions to show the nature and character of the work to be performed. The building inspector may waive the requirements for filing plans when the work involved is of a minor nature.

No permit shall be issued for an industrial building or addition thereto such as a warehouse, storage plant, public garage, factory, power house, laboratory, refinery, packing plant, refrigeration plan, dyeing or cleaning plant, laundry, railway freight depot or shed, grain elevator, mill, and heavily loaded structure, or for any other type industrial building or structure containing a total of 3,500 square feet or more of floor space, unless and until the following requirements are satisfied:

(a)   The plans and specifications therefor shall have been made by a licensed architect or by a licensed engineer and submitted to the inspection department;

(b)   There shall be included on the plot plan, filed as above required, a showing by appropriate markings of designated fire lanes approved by the fire chief permitting ingress and egress to the proposed improvement to be constructed, of firefighting and other emergency equipment.

(Ord. 2950, Sec. 6-1.201; Ord. 5055-21; Ord. 5125-23)

As an alternate procedure for the application for building permit, a permit may be issued for each of a three phase project plan meeting the requirements set out below, but no work shall be commenced on any phase until the appropriate permit has been issued.

(Ord. 5055-21; Ord. 5125-23)

A permit for Phase I, Site Work, shall be issued upon payment of the permit fee and meeting the following requirements:

(a)   The proposed site must be properly zoned for intended occupancy.

(b)   The contractor must be licensed in the city for all phases of construction.

(c)   Submittal and approval of the site development plan as required by Article IX of the zoning ordinance and including the following:

(1)   The legal description and survey of the site.

(2)   Size and location of all buildings site.

(3)   Access from streets and site drainage.

(4)   Parking layout, number of spaces, pavement standard and area lighting.

(5)   All on site utilities existing and proposed.

(6)   Landscaping, fencing and signing.

(7)   Any additional information required to insure the proper development of the site.

(d)   The Phase I permit fee shall be $15 plus a sum equal to 25% of the estimated total permit fee.

(Ord. 5055-21; Ord. 5125-23)

A permit for Phase II, Footings, Foundation, Structural Frame and Load Bearing Walls, shall be issued upon payment of the permit fee and meeting the following requirements:

(a)   Approval of complete foundations and structural plans submitted and sealed by a Kansas licensed architect or engineer.

(b)   The Phase II permit fee shall be: $15 plus a sum equal to 25% of the estimated total permit fee.

(Ord. 5055-21; Ord. 5125-23)

A permit for Phase III, Completion of Project, shall be issued upon payment of the permit fee and meeting the following requirements:

(a)   Approval of the complete architectural plans and specifications including; structural, mechanical, plumbing and electrical designs, submitted and sealed by a Kansas licensed architect or engineer.

(b)   The Phase III permit fee shall be: The remaining unpaid balance of the total permit fee.

(Ord. 3632; Ord. 5055-21; Ord. 5125-23)

There shall also be filed a plot plan showing, to a scale of not smaller than one to one hundred, the size and location of all the new construction and all existing structures on the site, distances from lot lines and the established street grades; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the plot plan shall show all construction to be demolished and the location and size of all existing buildings and construction that are to remain on the site or plot. The plot plan as to all new construction shall be accompanied by a certified boundary survey of the property. When lot comer elevations have been established by a drainage or grading plan, a certified certificate of elevation shall be submitted prior to the issuance of a Certificate of Occupancy for the project. The legal street number shall be prominently displayed during construction.

(Ord. 2950, Sec. 6-1.202; Ord. 4751-10; Ord. 5055-21; Ord. 5125-23)

A fee for each building permit shall be paid to the building official as set forth in this section.

The determination of value or valuation under any of the provisions of this code shall be made by the building official.

Any person, firm, or corporation who starts or proceeds with any work prior to obtaining a permit or who performs any work for which a permit was acquired and for which an inspection is required and who fails to report the same as ready for inspection when such work is completed shall pay a late fee of an amount double the regular permit fees. The payment of such double fee shall not relieve any person from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein.

(Ord. 3679, Sec. 5; Ord. 5055-21; Ord. 5125-23)

The fee for the issuance of a building permit for any new construction, for additions to existing buildings, or for building repairs or alterations shall be in the amount provided below:

2017 BUILDING PERMIT FEE SCHEDULE

The determination of the value or valuation shall be made by the building official. The value to be used in computing the building permit fees shall be the total value of all construction work for which the permit is issued including labor, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment.

(Ord. 4197; Ord. 4931-16; Ord. 5055-21; Ord. 5125-23)

(a)   500 square feet or less floor area - $20;

(b)   501 square feet to 1,000 square feet - $30;

(c)   Over 1,000 square feet; for each additional 1,000 square feet or fraction thereof, add - $1.50.

(Ord. 3592, Sec. 1; Ord. 5055-21; Ord. 5125-23)

(a)   Automatic sprinkler system and standpipes - $50;

(b)   Elevator installations (including gates, doors, repairs) - $75;

(c)   Escalator - $75;

(d)   Motorized stairs - $20.

(Ord. 3592, Sec. 1; Ord. 5055-21; Ord. 5125-23)

The building official shall, when deemed necessary by him or her, require reasonable substantiation of valuation stated in any application for permit or any other form that may be prescribed. Permit fees required by other sections of the city code for mechanical, plumbing and electrical installation necessary to the proper function of the building shall be in addition to the fees required by these sections 6-116. Any work requiring a permit done under the jurisdiction of the city manager, and any public work done by the United States Government shall be exempt from this section. Every permit issued by the administrative authority under the provisions of this article and of the code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within six months from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of six months. Before such work may be recommenced a new permit shall be first obtained to do so.

(Ord. 3679, Sec. 7; Ord. 5055-21; Ord. 5125-23)

A contractor, within the meaning of this code, is any person who undertakes, with or for another to build, construct, alter, repair, add to, wreck or demolish in part or in whole any building or structure, or any portion thereof, within the city, for which a permit is required by this code, for a fixed price, fee, percentage, or other compensation other than wages, or who advertises or otherwise represents to the public to have the capacity or ability to undertake to build, construct, alter, repair, add to, wreck or demolish in part or in whole any building or structure or any portion thereof; or who builds, constructs, alters, adds to or wrecks any building or structure either on his own or other property for purpose of speculation.

(Ord. 2950, Sec. 6-1.300; Ord. 5055-21; Ord. 5125-23)

A contractor shall be responsible for all work included in his contract whether or not such work is done by him directly or by subcontractor. He shall be responsible for all funds or property received by him for prosecution or completion of a specific contract or for a specific purpose.

(Ord. 2950, Sec. 6-1.301; Ord. 5055-21; Ord. 5125-23)

(a)   No building permit shall be issued to any person who has not first obtained a license or who is delinquent in payment of his annual license fee, or whose license has been suspended by action of the board of examiners and appeals. It shall be further unlawful for any person to enter into a contract with another so as to bring himself under the classification of a contractor, as defined in section 6-118 of this article, or to perform any work as a contractor, or any work under contract, without having first obtained a contractor’s license.

(b)   EXCEPTIONS. Any person shall have the right to do his own building, remodeling, altering and additions to a structure in a Single family residence which he owns and in which he lives without procuring a license and an indemnity bond as required by this article. In all other respects, such person and such construction work shall be subject to the provisions of this article as to installation, the procurement of a permit, inspections and payment of the inspection fees.

(Ord. 3468, Sec. 1; Ord. 5055-21; Ord. 5125-23)

All contractor licenses shall expire on the last day of December and must be renewed annually by payment of the annual fee by the end of the following month. Any contractor failing to renew his or her license by the prescribed date shall be required to be re-examined and approved by the board. Fees shall not be prorated because part of the year has elapsed.

(Ord. 3679, Sec. 8; Ord. 5055-21; Ord. 5125-23)

Contractor’s license, Class A, shall entitle the holder thereof to construct for, and to perform any act as a contractor, as defined in section 6-118 of this article, for the building, remodeling or repairing of any structure or addition thereto that is permitted by the title. The annual fee shall be $200.

(Ord. 3794, Sec. 5; Ord. 4931-16; Ord. 5055-21; Ord. 5125-23)

Contractor’s license, Class B, shall entitle the holder thereof to contract for or to perform any act as a contractor, as defined in section 6-118 of this article, but which is limited to construction and remodeling of commercial buildings and single or multiple dwelling residential buildings not exceeding three stories in height. The annual fee shall be $150.

(Ord. 3877, Sec. 1; Ord. 4931-16; Ord. 5055-21; Ord. 5125-23)

Contractor’s license, Class C, shall entitle the holder thereof to contract for or to perform any act as a contractor, as defined in section 6-118 of this article, but which is limited to construction, remodeling, repair or improvement of one, two or three family residences not exceeding two stories in height and non-structural commercial remodeling. The annual license fee shall be $125.

(Ord. 3877, Sec. 2; Ord. 4931-16; Ord. 5055-21; Ord. 5125-23)

Contractor’s License, Class D, shall entitle the holder thereof to contract for and to perform any act as a contractor, as defined in section 6-118 of this article, but which is limited to remodeling and repairs on one to four family residences including but not limited to reroofing, residing, foundation repair and interior partitions. The annual license fee shall be $125.

(Ord. 3877, Sec. 3; Ord. 4931-16; Ord. 5055-21; Ord. 5125-23)

A wrecking contractor’s license shall entitle the holder thereof to contract for and to wreck any building and to deal in second hand building material. All wrecking shall be done by licensed contractors, except:

(a)   A licensed building contractor of Class A, B, C or D may obtain a wrecking permit without a wrecking contractor license.

(b)   The owner of structure not exceeding 1,000 square feet in total area of all floors may obtain a wrecking permit for such structure without a wrecking contractors license, provided he or she takes part in and responsibility for the demolition.

(c)   Any structure of 500 square feet or less which is not served by city water or sewer may be demolished without obtaining a wrecking license or a wrecking permit. The annual license fee shall be $30.

(Ord. 3794, Sec. 9; Ord. 5055-21; Ord. 5125-23)

Each applicant for and holder of any contractor’s license as provided under this article shall submit and at all times maintain current proof of insurance, in the form of a certificate or certificates of insurance, each with a clause providing for notice to the city clerk not less than 10 days prior to any cancellation thereof, which such proof of insurance must be submitted to and approved by the city clerk as to the following required insurance coverage, to wit:

(a)   Workers compensation insurance for all employees to be engaged in work on any site regulated by the IBC/IRC in the form as now or hereafter adopted by the city.

(b)   Comprehensive general liability insurance in an amount not less than $500,000 for each occurrence and aggregate, for bodily injury and property damage combined, for Class A and Class B licenses, and in an amount not less than $300,000 for each occurrence and aggregate, for bodily injury and property damage combined, for Class C, Class D and wrecking contractor’s licenses; provided, however, that a Class D license holder who only works on his or her own property may obtain an indemnity bond in the amount of $5,000, approved and filed as above, in lieu of such liability insurance.

Failure to maintain current proof of such insurance shall be cause for the revocation of such license.

(Ord. 3999, Sec. 1; Ord. 5055-21; Ord. 5125-23)

(Code 2014; Ord. 5055-21; Ord. 5125-23)

(a)   The administration authority shall examine any applicant desiring a contractor’s license to engage in the trade of contractor as defined in section 6-118 of this article as to his or her practical and theoretical knowledge of the type of construction or demolition work applicable to the various types of contractor’s licenses provided in the article and his or her knowledge of the city ordinances governing such work.

(b)   If the applicant achieves a 75 percent passing score, the administrative authority shall issue the appropriate contractor’s license for which application has been made.

(c)   Such examinations shall be conducted by the administrative authority and any applicant failing to pass an examination may be re-examined at any time following a 30-day waiting period following such examination. No part of the examination fee shall be refunded to the applicant.

(d)   All contractor’s licenses shall be recorded in the office of the city clerk and shall be nontransferable. They shall expire December 31 each year and shall not be prorated. They may be renewed without re-examination upon application having been made within 30 days of the expiration and in the absence of any proof being presented that the holder is not entitled to renewal.

(Ord. 3921, Sec. 1; Ord. 5055-21; Ord. 5125-23)

Upon the applicant completing and filing the formal application as required in section 6-128 of this article, filing the indemnity bond required in section 6-125b, and payment of appropriate fee for the class of license requested, the city clerk shall thereupon issue such contractor’s license.

(Ord. 3679, Sec. 13; Ord. 5055-21; Ord. 5125-23)

The building official may upon his own motion, and shall upon verified complaint in writing of any person asking for the revocation or suspension of license of a contractor for any reason set out herein shall, by serving a five day written notice upon the contractor mailed to the contractor’s last known address, require said contractor to appear before the board of examiners and appeals and upon said hearing, said board shall have the power to temporarily suspend or permanently revoke the contractor’s license if upon the finding that the contractor has committed anyone or more of the following acts or omissions:

(a)   Willful and deliberate disregard and violation of the provisions of this code or any other ordinance of the city, or failure to comply with any lawful order of the building official.

(b)   Failure to pay annual license fee.

(c)   Misrepresentation of a material fact by the applicant in obtaining a contractor’s license or in obtaining a building permit.

(d)   Fraudulent use of license to obtain building permits for other persons.

(e)   Failure to obtain permits as required by sections 6-113 to 6-117 of this article.

(f)   Failure to appear before the Board after notice given as required above.

(g)   Upon a determination by a court of competent jurisdiction that contractor has divested funds on property received for performance or completion of any contract to the use and purpose of any other contract, or failure, neglect or refusal to use such funds or property for the performance and completion of such contract or that contractor has committed a fraudulent act resulting in substantial injury to another.

(Ord. 3468, Sec. 4; Ord. 5055-21; Ord. 5125-23)

(Code 2014; Ord. 5055-21; Ord. 5125-23)

Sections 6-119:131 shall not apply to the following:

(a)   Subcontractors working for and under the supervision of a general contractor.

(b)   Plumbers, electricians or other specialized trade for which special licenses or bonds are required.

(c)   Any owner or his or her authorized agent making ordinary repairs to any building which repairs do not involve the structure of the building and on which a contract is not employed.

(Ord. 3877, Sec. 5: Ord. 5055-21; Ord. 5125-23)