Memorandum
 
1. Memorandum

                                                  

 

To:    David L. Corliss, Assistant City Manager and

             Director of Legal Services

From: Toni Ramirez Wheeler, Staff Attorney

Cc:     Mike Wildgen, City Manager

Debbie Van Saun, Assistant City Manager

Victor Torres, Neighborhood Resources Dept. Director

Re:     Contractor Licensing Ordinances       

Date: March 23, 2005

 

I have reviewed the draft ordinances concerning the licensing and regulation of building contractors.  I recommend the following changes be made:

 

Ordinance No. 7870: Contractor Licensing Regulations

·                    All references to “chapter” are replaced with the word, “article.”

·                    5-1202: Definition of “Contractor Licensing Board” is modified to be grammatically parallel to the other definitions in this section.

·                    5-1206: Contractor Insurance.  Specify that the contractor’s certificates of insurance will be provided to the Neighborhood Resources Department.  Require notice from the insurance companies of changes in the policy and/or cancellation to be given to the Neighborhood Resources Department.  Strike the last sentence of this provision because it is repetitive.

·                    5-1208, 5-1209, 5-1210, and 5-1211:  References to the “Class E” is changed to “Class D.” 

·                    5-1213: Renewal or Reinstatement of License.  Clarify in subparagraph “a.” that renewal applications may be submitted to the Codes Enforcement Division of the Neighborhood Resources Department. In subparagraph “d.” correct the code citation.

·                    5-1214: Examinations, License Approval, and Issuance. Modify the language in subparagraphs “b.” and “d.” to make them parallel to the other provisions and remove the word “may” from these subparagraphs.

·                    5-1215: Provisional License. In subparagraph “e.” correct the code citation.

·                    5-1216: Renewal of Provisional License. Insert the correct code citation.

·                    5-1217: Firms/Qualifying Party. Clarify the term “qualifying party.”

·                    5-1218: Continuing Education. Replace the Contractor Licensing Board with the Neighborhood Resources Department as the entity which may establish continuing education requirements for the licensed contractors.  Clarify that the Neighborhood Resources Department will identify programs and courses which satisfy the City’s continuing education requirements.

·                    5-1219: Contractor Discipline.  Insert language stating that the CLB’s authority to discipline a contractor shall be in accordance with the procedures set forth in Ordinance No. 7871.   Make minor changes so that the section is consistent with the provisions of Ordinance No. 7871 which establishes the Contractor Licensing Board and sets forth its procedures.

·                    5-1220: Board Action. Reformat the section by eliminating subparagraph “d.” but retaining its content in the provision.  Clarify that a contractor whose license is the subject of a CLB action may appeal a CLB decision.  Specify that the CLB decision will be sent to the City Commission when an appeal is filed.

·                    5-1223: Rules and Regulations. Add a reference to Ordinance No. 7871.

 

Ordinance No. 7871: Establishing the CLB

The two proposed ordinances establishing the Contractor Licensing Board and setting forth its procedures are combined. 

·                    All references to “Chairman” are changed to “Chairperson.”

·                    5-1301: Contractor Licensing Board Established. Modify the code citations.

·                    5-1302: Qualifications of CLB Members. Replace the word “within” with “of.”

·                    5-1303: Term. Provide for the Lawrence certified building code official’s term to be at the discretion of the Neighborhood Resources Department Director.  Permit the reappointment of board members (as with other city advisory boards). Remove language in subparagraph “d.” requiring the publication of the board’s rules and regulations but retain the requirement that the rules and regulations be provided to any person upon request.  Clarify that all hearings conducted by the board shall be in accordance with the City Code.

·                    5-1309: Officers. Replace “Building Official” with “Certified Building Code Official.”

·                    Continuing Education Committee.  Delete this provision since the continuing education requirements will be established by the Neighborhood Resources Department.  (The CLB is intended to handle disciplinary matters only.)

·                    5-1311: Complaints.  Make several changes to this section so that it is consistent with Section 5-1219 (Contractor Discipline) of Ordinance No. 7870.

·                    5-1313: Board Action.  Add language that appears in Section 5-1220 of Ordinance No. 7880 that specifies the disciplinary action the CLB may take upon finding a contractor has violated the Contractor Licensing Regulations. 

·                    5-1314: Hearings. Clarify that the CLB’s written decision shall be mailed to the contractor.

·                    5-1316: Appeal: Clarify that a contractor whose license is the subject of a CLB action may appeal a CLB decision to the City Commission.     Insert language that appears in Section 5-1220 of Ordinance No. 7880 so the two articles are consistent.