April 20, 2005 minutes
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MEMBERS PRESENT: |
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Co-Chairman Jim Carpenter, Frank Lewis, and Doug Dillon |
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MEMBERS ABSENT: |
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Chuck Hoag, and Kenny Breithaupt |
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GUESTS PRESENT: |
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Jim Sparks, Mechanical Board Chairman; Bryan Wyatt, Mechanical Board; Larry Frost, Electrical Board Chairman; Frank Estrada, Mechanical Board; Barry Walthall, Codes Enforcement Manager; Tim Pinnick, Inspection Supervisor; Phil Burke, Electrical Inspector; Patrick O’Brien, Mechanical Inspector; and Adrian Jones, Building Inspector |
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Ex-Offico: |
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Mark Mills, Plumbing Inspector |
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Carpenter called the meeting to order at 6:32 p.m.
Introductions.
Members, guest, and staff
introduced themselves.
Approval of the February 16, 2005 minutes
Lewis made a motion to approve the minutes of February 16, 2005. Carpenter second the motion, the motion passed 2-0-1. Dillon abstained because he was not in attendance at the February 16, 2005 meeting.
Assemble with Mechanical, and Electrical Board Members to discuss licensing ordinance.
Carpenter turned the floor over to Pinnick.
Pinnick handed out copies of the contractor licensing ordinance passed by the Commission and a memorandum from Victor Torres, Neighborhood Resources Director, which summarized the sections pertaining to plumbing, mechanical and electrical licensing that was taken out of the ordinance. Pinnick stated that it is staff’s intension to encourage the boards to participate in the development of ordinances. Pinnick stated that staff wanted to know the Board and the guest’s thoughts on including the trades back into the licensing ordinance. Pinnick went on to say that there were initial concerns about the educational requirements and the renewal fee.
Pinnick stated that staff had discussions with the individual boards and thought it would be good to get the boards together to discuss the licensing ordinance.
Wyatt asked if Pinnick had information on the new state law requiring continuing education for the plumbing and mechanical trades.
Pinnick responded by handing out copies of the new state law and stated the law requires continuing education for all plumbing and mechanical persons licensed in any jurisdiction in the State of Kansas. Pinnick added that the law also established minimum experience requirements in the plumbing and mechanical trades.
Wyatt asked if the City wanted to change the licensing ordinance or add the State requirements to the ordinance.
Pinnick stated that was something that staff had not talked about but would like to know what the Board and other members thought.
Pinnick requested each member’s opinion on the licensing ordinance and started the discussion with Sparks.
Sparks stated that the only issue he had was with the continuing education. Sparks gave an example stating that if a contractor had been in business for twenty years, what are they going to teach that contractor. Sparks continued that if that contractor had not learned his trade in those twenty years he would not be in business. Sparks stated that if continuing education is required he wanted something interesting to keep tradesmen focused, so that the tradesmen want to attend.
Pinnick asked Frost for his thoughts.
Frost stated that he was all in favor of the continuing education. Frost then stated that the only problem he had would be people taking a class that does not pertain to anything that they are doing. Frost stated that a member from each trades board should be represented on the licensing board.
Walthall explained that the trades licensing portion of the ordinance had been removed and if the trades licensing is reinstated, the trades would be represented on the licensing board, as in the first draft of the ordinance.
Frost stated that if the trades do not get back into the licensing ordinance then trade licenses would not be subject to revocation or suspension, as the contractors are, in the licensing ordinance. Frost added that then the electrical board and the City would be back to where it was the past few years with no options in dealing with problematic electrical contractors.
Wyatt agreed that members from the trade boards sit on the licensing board.
Walthall stated that Frost was correct, but there were other options. Walthall explained that each trade ordinance could be amended to include the suspension/revocation sections of the licensing ordinance.
Frost stated that the electrical board started the suspension/revocation sections of licensing ordinance four years ago and this is how far it has gotten. Frost then stated that he would like to see a member of each trades board on the licensing board rather than a tradesman. Frost justified this by stating that there could be some insight between the trade board and the licensing board.
Wyatt stated that he was at the Commission meeting when the trade licensing side of the ordinance was pulled out. Wyatt went on to say that he was not against the ordinance; it was the idea that there was a lack of discussion and dialogue with staff and since trade licensing was pulled the dialogue with staff has been better.
Wyatt stated that with the new State law it eliminated some of his concerns. Wyatt continued, stating that staff had responded to his concerns on the ordinance and he felt comfortable having the mechanical trade in the licensing ordinance. Wyatt went on to request that Sparks call a Mechanical Board meeting as soon as possible to readdress the licensing ordinance.
Pinnick asked if Carpenter had any comments or concerns.
Carpenter stated that he agreed that members from all the trade boards needed to be on the licensing board. Carpenter went on to say that he did not have a problem with the ordinance.
Wyatt stated that one concern that mechanical tradesmen have expressed to him was what constitutes the suspension or revocation of a license.
Pinnick responded stating that there were eight specific violations in the ordinance that could result in a suspension or revocation. Pinnick started reviewing of the eight violations.
Sparks questioned section 5-1219(a), specifically how many repeated violations would constitute suspension.
Walthall responded that the City was looking at violations such as refusing to pull a permit and continually destroying the structural integrity with a blatant disregard for the code. Walthall went on to say that suspension/revocation would be a last resort.
Frost stated that approximately four years ago there was an electrical contractor blatantly installing hot tubs under power lines and not getting permits, the City approached the electrical board due to the lack of avenues for discipline, and the suspension/revocation sections were conceived through the electrical board.
Wyatt stated that the concern he had with section 5-1219(h) would be to make sure that the City’s record keeping is accurate to avoid someone getting erroneously penalized.
Pinnick responded that the Finance Department also helps with accounts payable and it creates somewhat of a double check system.
Pinnick wrapped up the review and asked if there were any further comments or concerns.
Wyatt stated that as the ordinance was presented at the meeting, his concerns had been alleviated.
Pinnick requested that all the boards discuss the licensing ordinance at the next meeting and possible a vote on the ordinance’s reinstatement.
New business
Wyatt asked if there were problems or concerns are the blended codes creating for staff.
Pinnick responded that the lack of consistency in the codes was an issue. Pinnick explained that in a family of codes, such as the International codes, all the codes intertwine. Pinnick stated that where one code left off another picks up and with blended codes there is a concern that there may be gaps between the individual codes. Pinnick stated that there are sections in the International Building Code that reference standards not available in the Uniform Codes. Pinnick went on to say that the process was cumbersome but it was one that the staff could work out.
Walthall stated that staff was putting together a proposal for the trade board to look at to assist in the code adoption.
Pinnick stated that Victor Torres wanted to extend an invitation to all the board chairmen to meet with staff on a regular basis similar to staff’s meetings with the Home Builders Association.
Wyatt stated that he thought that would be great and would be interested.
Pinnick stated that staff would put something together and thanked the Board and guest for their time.
Adjourn.
With no other business a motion was made by Lewis to adjourn the meeting, Dillon second the motion, the motion passed 3-0.
Carpenter adjourned the meeting at 7:45 p.m.