Code 4

CHAPTER IV. BUILDING AND CONSTRUCTION

Article 1. Fire Limits

Article 2. Building Code

Article 2a. Examination for Construction Licensing

Article 3. Electrical Code

Article 4. Plumbing Code

Article 5. Dangerous and Unsafe Structures

Article 6. Television Antennas

Article 7. Community Antenna Television

Article 8. Mechanical Code

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ARTICLE 1. FIRE LIMITS

4-101. FIRE LIMITS DEFINED. That portion of the City embraced in all of Block 45; all of Lots 1 to 19, inclusive, in Block 46; all of Lots 1 to 16, inclusive, and all of Lots 21 to 24, inclusive, all in Block 55; and all of Lots 1 to 6, inclusive, and Lots 9 to 24, inclusive, all in Block 56, lying within the City of Hugoton shall constitute and be known as the fire limits of the City of Hugoton, Kansas. (Ord. 573, Sec. 1)

4-102. DEFINITIONS. Except where specifically defined herein, all words used in this article shall carry their customary meanings. The following are hereby specifically defined:

(a) Structure. Structure means a combination of materials other than a building to form a construction that is safe and stable. The term structure includes, but is not limited to, platforms, radio towers, sheds, storage bins and display signs.

(b) Marquee. Marquee shall mean a permanent roofed structure attached to and supported by the building and projecting out from the building. (Code 1986)

4-103. PERMITS REQUIRED. (a) No building or structure shall be hereafter built, enlarged or altered in the fire limits in any way until and unless a complete plan of such work has been submitted to the building inspector who shall examine the plans. If he or she shall find and determine that the same complies with the provisions of this article and other ordinances of the city relating to buildings in the fire limits, he or she shall approve the application and a building permit shall be issued for the work by the city clerk on the order of the governing body.

(b) Any structure hereafter erected or located in the fire limits without a permit or which shall not conform to the provisions of the ordinance relating thereto shall be removed upon the order of the governing body. (Code 1971, 4-102; Code 1986)

4-104. INCOMBUSTIBLE WALL CORNICE AND ROOFS REQUIRED. The following rules and regulations shall be observed in construction of buildings within the fire limits:

(a) Every building hereafter erected within the fire limits shall be enclosed on all sides with walls 12 inches thick and constructed wholly of stone, well-burned brick, terra cotta, concrete, prestressed concrete or other noncombustible materials.

(b) Every building hereafter erected within the fire limits shall have fire resistive doors and a fire resistive roof as specified under Chapter 43, Fire-resistive Standards and Chapter 32, Roof Construction and Covering, of the Uniform Building Code, 1997 edition. (Ord. 573, Sec. 2)

4-105. PERMISSIBLE STRUCTURES. Permissible structures within the fire limits of the city shall be as follows:

(a) No frame, ironclad or brick veneered structure shall hereafter be built in the fire limits except the following and all roofs placed upon such buildings or structures shall have a noncombustible covering:

(1) Temporary one story frame buildings for use of builders;

(2) Temporary structures not exceeding 150 square feet in area and eight feet in height. Such structures shall not be located within five feet of any lot line, nor less than 30 feet from any other building over one story high.

(b) No frame building shall be moved from without to within the fire limits nor from place to place within said limits.

(c) All structures built within the fire limits shall conform to the building code adopted by section 4-201 or the requirements of this article, whichever is the more restrictive.

(d) No fences of any type of construction shall be permitted within the fire limits.

(e) The governing body may, in certain instances, waive the requirements of subsection (a) of this section, provided that a determination is made by the governing body that the waiver will not create any fire hazard. Any applicant for such a waiver shall appear in person before the governing body and set forth in writing the reasons why the waiver should be granted. (Code 1971, 4-110; Code 1986)

4-106. MARQUEES AND CANOPIES IN FIRE DISTRICTS. (a) Marquees or canopies constructed with combustible material within the fire limits may be erected on approved fire walls of one story buildings or on buildings of more than one story if there are no openings in the fire wall above the top of the marquee or canopy.

(b) Only the top or roof may be constructed with combustible materials. All frame work, supporting members and the underneath side shall be constructed with noncombustible materials. The underneath side shall be tightly closed. Additional regulations shall be as follows:

(1) The height of such marquee or canopy shall not exceed 15 feet above grade;

(2) The horizontal projection from the building to the outermost point shall not exceed eight feet and in no case closer than two feet from the plane of any curbline;

(3) All marquees or canopies projecting over a sidewalk or walkway shall provide a minimum clearance of eight feet.

(4) The size, height, clearance and material of all marquees and canopies not otherwise specifically provided for herein shall be governed by the decision of the building inspector subject to an appeal from him or her decision to the governing body. (Code 1986)

4-107. REPAIRING FRAME BUILDINGS WITHIN FIRE LIMITS. Any existing building of wood frame construction now within the fire limits which may hereafter be damaged by fire, storm or in any other manner, shall not be repaired, enlarged or altered until a plan therefor shall have been presented to the city building inspector, or other designated city officer and approved by him or her. A permit for such repairs, enlargement or alteration shall be issued to the owner or builder upon a finding that the proposed work would not increase the hazard of future fires to said building or surrounding buildings in the fire limits. (Code 1971, 4-111)

4-108. PENALTY. Any person or organization violating any provisions of this article shall, upon conviction thereof, be fined in any sum not to exceed $25 for the first offense and shall be fined not more than $100 for each subsequent offense. Each day such violation continues shall be a separate offense. (Code 1986)

4-109. UNIFORM FIRE CODE INCORPORATED. That certain standard code known as the "Uniform Fire Code," Edition of 1997, published by the International Fire Code Institute, is adopted and incorporated herein by reference and made a part of this article, save and except such articles, sections, parts or portions as are hereinafter added, omitted, deleted, modified or changed. There shall be no fewer than three (3) copies of said Uniform Fire Code, incorporated by reference herein, kept on file in the office of the city clerk and kept available for inspection by the public at all reasonable business hours. The filed copies of such standard code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Hugoton," with all sections or portions thereof intended to be added, omitted, deleted, modified or changed clearly marked to show any such additions, omissions, deletions, or changes from the standard code. (Ord. 697, Sec. 1)

Any person violating any provision of such code shall be punished as provided in such code if the penalty is specified therein, or in accordance with Section 1-115 of the Code of the City of Hugoton, Kansas, 1991. (Ord. 699, Sec. 3)

ARTICLE 2. BUILDING CODE

4-201. UNIFORM BUILDING CODE INCORPORATED. That certain standard code known as the "Uniform Building Code," Edition of 1997, published by the International Conference of Building Officials, is adopted and incorporated herein by reference and made a part of this article, save and except such articles, sections, parts or portions as are hereinafter added, omitted, deleted, modified or changed. There shall be no fewer than three (3) copies of said Uniform Building Code, incorporated by reference herein, kept on file in the office of the city clerk and kept available for inspection by the public at all reasonable business hours. The filed copies of such standard code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Hugoton," with all sections or portions thereof intended to be added, omitted, deleted, modified or changed clearly marked to show any such additions, omissions, deletions or changes from the standard code. (Ord. 699, Sec. 1)

4-201a. FUEL GAS CODE INCORPORATED. That certain standard code known as the “International Fuel Gas Code,” Edition of 2000, published by the International Code Council, Inc. is adopted and incorporated herein by reference and made a part of this article, save and except such articles, sections, parts or portions as are hereinafter added, omitted, deleted, modified or changed. There shall be no fewer than three (3) copies of said International Fuel Gas Code, incorporated by reference herein, kept on file in the office of the city clerk and kept available for inspection by the public at all reasonable business hours. The filed copies of such standard code shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Hugoton,” with all sections or portions thereof intended to be added, omitted, deleted, modified or changed clearly marked to show any such additions, omissions, deletions, or changes from the standard code. (Ord. 697, Sec. 6)

Any person violating any provisions of such codes shall be punished as provided in such codes if the penalty is specified therein, or in accordance with Section 1-115 of the Code of the City of Hugoton, Kansas, 1991. (Ord. 697, Sec. 7)

4-202. PERMITS REQUIRED. It shall be unlawful for any person to build, enlarge, alter, locate, relocate, move or remove any building or structure in or into the city until a permit therefor shall have been issued upon application to the city clerk as provided hereinafter. The city shall prepare and furnish application forms setting out information to be required of any applicant for a permit hereunder. Among other things, the governing body shall require:

(a) The submission of a plan of the proposed work;

(b) A statement of the type and kinds of materials to be used;

(d) The probable time work will start and the estimated completion date, and estimate of the cost thereof;

(e) The location of the same with respect to adjacent property lines;

(f) In general, the kind of work proposed to be done by the applicant. (Code 1971, 4-102)

4-203. PERMIT; APPLICATION. Upon approval of the application by the building inspector, the city clerk shall issue a building permit. The permit shall give the legal description of the premises upon which the work is to be done and a description of the work authorized and shall also indicate the number of inspections to be made by the city. It shall be the duty of the permit holder and/or builder to see that all inspections are made as required by the permit. (Code 1971, 4-103)

4-204. BUILDING INSPECTOR. The governing body shall appoint or designate some city officer or employee to act as building inspector for the purposes of this article. (Code 1971, 4-104)

Ref.: See Section 1-229 of this code for duties of the building inspector.

4-205. LOCATION OF BUILDING; LOT: INSPECTIONS. It shall be unlawful for any permit holder or builder to lay out or locate any structure or building upon any premises in the city in such a manner that water from a roof, downspout or other waste water will discharge upon premises of another. The building permit shall require that the first inspection shall be made upon completion of the layout of the building and before any excavation is made. (Code 1971, 4-105)

4-206. BUILDING PERMIT FEES. The following fees shall be paid to the city upon the issuance of any building permit:

(a) Residential Construction: For new buildings or structures, remodeling or alterations, or accessory buildings, the sum of $1 per $1,000 of estimated valuation of the proposed structure shall be charged for the permit except that the maximum fee for a residential permit shall be $25.

(b) Commercial Construction:

(1) For new buildings or structures, remodeling or alterations or accessory buildings, the sum of $5 for the first $1,000 or fraction thereof based upon the estimated cost of the building;

(2) For each additional $1,000 or fraction of estimated cost up to $25,000, the sum of $1;

(3) For each additional $1,000 or fraction of estimated cost between $25,000 and $50,000, the sum of $.50;

(4) For each additional $1,000 or fraction of estimated cost over $50,000, the sum of $.25.

(d) No fee shall be required for any building permit when the governing body finds and determines that the applicant is an organization existing and operated exclusively for religious, charitable, scientific, literary, educational or non-profit purposes and is operated, supervised or controlled by such an organization and no part of the net earnings of such applicant inures to the benefit of any private charitable work or individual;

(e) Fees for construction, alteration, removal, repair, location or relocation of any building shall be in addition to any fee required for inspection of plumbing, gas fitting or electrical installations in any building;

(f) Permits and fees for buildings or structures located in the fire limits of the city shall be at the above rates for any such building so constructed and located. (Code 1971, 4-106; Code 1983)

ARTICLE 2a. EXAMINATION FOR CONTRACTOR LICENSING.

4-201a. EXAMINATION FOR CONTRACTOR LICENSE REQUIRED. Before any person shall engage in the business of electrical wiring, plumbing, or heating and air conditioning, such person shall have taken and passed the standard examination required hereunder to determine the competency of such person for a license certificate detailed below in section 4-202a of this article; and no license shall be issued unless the applicant presents a current certificate issued to him or her pursuant to the provisions of this article. Exceptions:

(a) All public utilities installation contractors operating under contract to the city and working as installer of city owned public sewer and water lines installed underground, on or along city-owned alleys, street right-of-ways and dedicated utility easements, including the work of reconnection of all private sewer or water service lines to new, replaced or repaired public sewer or water lines, shall not be required to obtain the plumbing license required under this section. A plumbing permit will be required for each reconnection made (no fee charged) and each connection or reconnection shall be inspected by the city plumbing inspector.

(b) The license of a plumber shall also include gas fitting and water conditioning.

(c) Property owner permitted to do certain work. Any permit required by this article may be issued to the property owner to do any work required by this article in a single family dwelling used exclusively for living purposes, including the usual accessory buildings in connection with such building, when such person is the bona fide owner of such building and when the building will be owned by the property owner for a period of two years from date of final inspection. In no case shall the owner be allowed to perform labor at the trade of any type of licensed contractor on any other building or construction project during the above mentioned two year period, without first obtaining an appropriate license from the city, giving him or her the right to work at the trade of a licensed contractor. The owner shall personally purchase all material and perform all labor in connection therein, all according to code. The property owner shall assume all responsibility for any personal or property damage that may occur at any future date and shall procure required permits and call for any inspections required by code. (Ord. 565, Sec. 1)

4-202a. LICENSE REQUIREMENTS. Licenses may be issued to anyone meeting all the requirements for any of the following license certificate categories.

(a) License Certificate Categories:

(1) Building Contractor. Generally, those who have the knowledge and skill to build, construct, alter, repair, add to any building or structure (or for 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.

A building contractor license may be issued to anyone 18 years of age or over who shall have the general knowledge and skills, as required above. No test for minimum competency as a building contractor is required.

(2) Electrician. Those who have the knowledge and skill to install, repair, alter, add to or change any electrical wires, fixtures, appliances, apparatus, raceways, conduit or any part thereof; which generates, transmits, transforms or utilizes electrical energy in any form for light, heat, power or communications.

An electrician license may be issued to anyone 18 years of age or over who shall have taken and passed the journeyman electrician certification test as prepared and published by Block and Associates. A minimum test grade of 75 will be considered a passing grade.

(3) Plumber. Those who have the knowledge and skill to install, maintain, repair, alter or extend plumbing, septic tanks, water supply systems, storm sewer and all fixtures, appliances, appurtenances, apparatus or equipment used in connection wherewith, inside of, or attached to, any building, lot or premises; those who are qualified to install, maintain, repair, alter or extend gas piping, appliances, gas mains, lines, laterals, tank and other appurtenances in connection therewith; and those who are qualified to install, maintain and repair machinery tanks or devices used to treat water, including water softening equipment and the piping required for the installation of such equipment.

Plumber license may be issued to anyone 18 years of age or over who shall have taken and passed the journeyman plumber certification test as prepared and published by Block and Associates. A minimum test grade of 75 will be considered a passing grade.

(4) Mechanical (HARV) Contractor. Those qualified to install, maintain, repair, fabricate, alter, extend or design; central air conditioning, refrigeration, heating and ventilating, including ductwork, boiler and unfired pressure vessel systems, lift stations, gasoline tank and pumps, fire sprinkler systems, fuel transmission lines, and all appurtenances, apparatus or equipment used in connection therewith.

A mechanical (HARV) contractor license may be issued to anyone 18 years of age or over who shall have taken and passed the journeyman HARV certification test as prepared and published by Block and Associates. A minimum test grade of 75 will be considered a passing grade.

(b) Experience. Applicant may be required to show proof of required experience before a license may be issued.

(c) Insurance Required. In addition to the above license requirements, and before the license is issued, the applicant shall file with the city clerk, proof of a valid public liability and property damage insurance policy in effect which shall not be less than the amount of $250,000 combined single limited including (but not limited to) contractual liability, independent contractors and completed operations. Such insurance policy shall be in effect prior to the issuance of a general or limited contractor's license. The licensee shall also file annually, on or before January 1 of each year, proof of such insurance. If the policy expires or is cancelled, the contractor's license expires at the same time. The licensee shall notify the city clerk within five days of such expiration or cancellation of insurance coverage.

(d) License Fees and Duration. License fees are as follows:

Building Contractor $25.

Electrician $25.

Plumber $25.

Mechanical (HARV) Contractor $25.

All certificates and licenses shall be recorded in the office of the city clerk and shall not be transferable. All licenses expire on December 31 of 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 no proof having been presented that the holder is not entitled to renewal.

(e) License Suspension; Revocation; Appeal; Unlawful Acts.

(1) The license of any contractor, as defined in section 4-202a herein, may be suspended temporarily, for a period of not to exceed 30 days at any one time, by the building official upon his or her own motion. Notice shall be given in writing to such contractor giving reasonable notice of a time of hearing of the complaint or the matter alleged against such contractor involving any one or more of the following:

(i) Misrepresentation of a material fact by applicant in obtaining a license;

(ii) Use of license to obtain a permit for another;

(iii) Failure or neglect to observe conditions of permit authorizing encumbering of streets or sidewalks for safety of public;

(iv) Performance of any construction work without a permit where one is required by law; or

(v) Willful disregard of any violation of the construction laws, or failure to comply with any lawful order of the city building inspector.

(2) Any licensee may within 15 days appeal in writing to the governing body from any order of the 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 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.

(3) It shall be unlawful for a contractor who has had his or her license suspended or revoked to engage in the same occupation or trade during the time his or her license is suspended or revoked.

(4) Construction, as defined herein, shall include electrical, plumbing, mechanical, heat and air conditioning, and building contractors.

(f) Display on Demand. It shall be the duty of every person doing work as a certified contractor to show the certificate issued to him or her under this article to any city official or law enforcement officer who shall ask to see the same. (Ord. 565, Sec. 1; Code 1991)

4-203a. LICENSE TESTING FORM AND PROCEDURE. (a) Statewide Standard Examination. Examination to determine competency for all categories in section 4-202a shall be administered by the building official in accordance with the Policy and Procedures Manual of Block and Associates. The standard examinations prepared and published by Block and Associates, Florida Farm Bureau Building, 5700 S.W. 34th Street, #1303, Gainsville, Florida 32608, are hereby designated the standard examination for determining the qualifications of persons seeking a certificate recognized for the categories listed in section 4-202a of this article, within the city and the State of Kansas.

(b) Application for Examination. Any person desiring a certificate required by this article may obtain examination information from the city clerk or building official.

(c) Eligibility for Examination. Refer to section 4-202a for the requirements for eligibility for examination for each of the license certificate categories detailed therein.

(d) Minimum Passing Score.

(1) If the applicant for examination under this article attains a score of 75 percent or higher, the building official, upon payment of the prescribed fee, and proof of liability insurance shall issue the appropriate certificate to the applicant authorizing him or her to engage or work at the occupant of the successful license category, providing all other regulations as adhered to.

(2) Any applicant failing to pass an examination may be re-examined at the next or any succeeding regularly scheduled examination date as provided above.

(3) The applicant's certificate shall have printed on the reverse side the score attained, the applicant's assigned number and the date the Block and Associates test was completed. (Ord. 565, Sec. 1; Code 1991)

4-204a. GRANDFATHERING CLAUSE. (a) Any individual who is presently licensed by the city at his or her contractor category need not submit to the taking of the aforementioned examination. If any such individual's license has expired, lapsed, or is cancelled, then he or she shall be tested in accordance with the aforementioned testing materials.

(b) Regarding those individuals who have not heretofore been required to be licensed to do business in the city for the occupations described in this article, such individuals, upon written application, will be granted a license at his or her license category, without taking the aforementioned examination; provided that such individual has performed work within the city within three years from the effective date of this article in the license certificate category specified in his or her application for license; and further provided that: (1) all such information provided shall be confirmed by the building official as to its validity, if the information given cannot be substantiated, the application will be disapproved by the review board and returned to the applicant; (2) prior to issuance of a license, the applicant must obtain and maintain the general liability insurance coverage required under section 4-201a of this article; (3) that such written application for a no-examination license under this subsection must be filed with the office of the city clerk within 30 days from the effective date of this article; and (4) that if any such individual granted a license under this subsection seeks to be licensed at a different level of expertise, or if any such individual's license is expired, lapsed, or cancelled, then he or she shall be tested in accordance with the aforementioned testing materials. (Ord. 565, Sec. 3)

4-205a. PENALTY. It shall be unlawful to perform any building or construction work, including electrical, plumbing and mechanical (HARV) work, within the corporate limits of the city without a permit or license where one is required. A violation of this article may result in the temporary suspension of any license issued hereunder, or in lieu thereof, the building inspector may file a complaint in the municipal court of the city against such person, or persons which are in violation of this article and upon conviction shall be punished by a fine not less than $50 nor more than $500, for each offense. For the purposes of this article, a separate offense shall be deemed committed on each violation, as defined herein. (Ord. 565, Sec. 5; Code 1991)

ARTICLE 3. ELECTRICAL CODE

4-301. NATIONAL ELECTRICAL CODE INCORPORATED. (a) That certain standard code known as the "National Electrical Code," Edition of 1999, published by the National Fire Protection Association, is adopted and incorporated herein by reference and made a part of this article, save and except such articles, sections, parts or portions as are hereinafter added, omitted, deleted, modified or changed. There shall be no fewer than three (3) copies of said National Electrical Code, incorporated by reference herein, kept on file in the office of the City Clerk and kept available for inspection by the public at all reasonable business hours. The filed copies of such standard code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Hugoton," with all sections or portions thereof intended to be added, omitted, deleted, modified or changed clearly marked to show any such additions, omissions, deletions, or changes from the standard code.

(b) All electric light, heat and power wires, fixtures, appliances, conductors, apparatus and their supports hereafter placed or installed in or upon any building, shop or other structure within the city shall be installed in accordance with the National Electrical Code except as the same may be modified and supplemented hereafter. (Ord. 697, Sec. 3)

4-302. APPOINTMENT OF ELECTRICAL INSPECTOR; ASSISTANT. The governing body shall designate a city officer or employee to perform the duties of electrical inspector for the purpose of this article and may appoint an assistant to the electrical inspector who may be authorized to exercise duties of the electrical inspector in his or her absence. The electrical inspector and his or her assistant shall be experienced in electrical inspection work and well versed in rules of approved methods of electrical installations. They shall not engage in the electrical business, either directly or indirectly in the city, and shall have no financial interest in any concern so engaged in said city during such time as they shall perform the duties imposed upon them by this article. (Code 1971, 4-201)

4-303. DUTIES OF INSPECTOR. The electrical inspector or his or her authorized assistant shall inspect all electric light, heat and power wires, fixtures, appliances, conductors and apparatus hereafter installed in or upon any and all buildings in the city and all such installations shall be made in accordance with the provisions of this article. He or she shall enforce or cause to be enforced such provisions of said article and, for that purpose, he or she shall have and is hereby given special police powers necessary therefore. He or she shall have the right to enter any building for the purpose of making any inspection required by this article. (Code 1971, 4-202)

4-304. FIRES; POWERS OF INSPECTOR. The electrical inspector or his or her authorized assistant shall have the power to at once cause the removal of all wires or the turning off of all electricity where the same shall interfere with the work of the fire department during the progress of any fire in the city. (Code 1971, 4-203)

4-305. ELECTRICAL INSPECTIONS; CONCEALED WORK. The electrical inspector or his or her assistant shall approve all installations of electrical wiring such as:

(a) The electrical inspector or his or her assistant shall inspect all installations of electrical wiring, fixtures and other equipment as required by this article within 48 hours (not including Sundays or legal holidays) of the receipt of notice that same is ready for inspection. He or she shall leave a suitable distinctive marker on or near the service cabinet which shall indicate that work has been approved (or disapproved).

(b) It shall be the duty of the person installing electrical wiring fixtures, appliances and apparatus to promptly notify the electrical inspector when same is ready for inspection. (Code 1971, 4-204)

4-306. CONDEMNATION OF WIRING. The electrical inspector shall have power and authority to condemn and cause the removal or necessary repair of any electric wiring, fixtures, appliances, conductors, apparatus or supports in or upon any building, shop, outhouse, shed or other structure within the city which may be considered as dangerous to life or property. He or she shall have the authority to require the cutting off of the electric current therefrom until such repairs or changes are made. All such orders shall be made in writing over the signature of said inspector. (Code 1971, 4-206)

4-307. INSPECTION RECORDS. The electrical inspector shall make complete records of all permits issued, inspections and orders made, and certificates issued and all other official work performed under the provisions of this article. All necessary blanks and record books shall be provided by the city. (Code 1971, 4-210)

4-308. PERMITS; PLANS; REQUIRED. (a) No person shall make any material alterations or additions in the existing wiring of any building nor shall any building be wired for electric lights, motors, heating devices or any apparatus requiring the use of electric current before making application in writing to the city clerk for a permit therefor. Applications for permits shall be made on blanks furnished by the city and shall set forth in detail such work to be done, location of buildings and the name of the owner: Provided, that no permit shall be required for maintenance of minor repairs. All plans for the wiring or rewiring of all residential dwellings larger than two-family and of all business buildings shall be approved by the inspector before a permit is issued. The permit shall contain the name of the person or firm doing the wiring work.

(b) Permits to do electrical wiring work covered by this article shall be issued only to licensed electricians or electrical contractors upon payment of the fees required for such permits: Provided, That the owner of any building or structure to be wired or rewired may obtain permits hereinunder, as in the case of an electrician or contractor for work to be done personally by him or her on his or her own property.

(c) The permit shall disclose the work to be done, the location of the building or structure and shall authorize only such electrical work as may be described in the application. (Code 1971, 4-211;212)

4-309. PERMITS; LICENSE; BONDS. The city clerk shall issue permits, licenses and bonds for any type of electrical wiring, as follows:

Every person who has been found by the Building Trades Board to be competent to practice in the city shall secure from the city clerk a license, which shall be the receipt for the payment of the required fee, and pay a fee in the amount of $25 to do any type of electrical wiring, repairing or rewiring in any building or structure in the city and shall also file with the city clerk good and sufficient bond in favor of said city in the sum of $5,000 conditioned that the principal in said bond will install all electrical wire, fixtures, motors and appliances in a good workmanlike manner and in conformity with approved methods as set out in the National Electrical Code and under all requirements of this article and hold the city free from liability and harmless from all negligence or fault on the part of the bond principal growing out of any work undertaken or completed by said principal. (Code 1971, 4-212)

4-310. BUILDING TRADES BOARD ESTABLISHED. A Building Trades Board is hereby established for the following purposes:

(1) To examine and pass upon the qualifications of persons seeking licensure from the city under this article;

(2) To act as an appeals board for persons aggrieved by a decision of the city's electrical inspector;

(3) To act as an appeals board for persons denied licenses by the city clerk;

(4) To act as a code committee recommending to the governing body any changes necessary to keep the codes adopted by this article up-to-date; and

(5) To suspend or revoke the license of any person found to be in violation of any of the provisions of this article. (Code 1983)

4-311. SAME; MEMBERSHIP. (a) The governing body shall appoint a five-person board consisting of:

(1) One person licensed by the city as a plumber, who shall not be required to be a resident of the city;

(2) One person licensed by the city as an electrician, who shall not be required to be a resident of the city;

(3) Three persons who shall be residents of the city, none of whom may hold any license issued by the city pursuant to this chapter.

(b) The building inspector shall serve as an ex-officio, non-voting, member of the board and shall be the board secretary.

(c) Board members shall be appointed immediately after the effective date of the 1983 Hugoton Code with three members being appointed to terms expiring December 31, 1983, and to members to terms expiring December 31, 1984. Thereafter, all appointments shall be made for terms of two years. (Code 1983)

4-312. SAME; OFFICERS, MEETINGS. The board shall meet at such times as are necessary to conduct business, but shall meet at least once annually. A majority of the board must be present to constitute an official meeting and to conduct business. The board shall annually elect a chairperson and vice-chairperson. (Code 1983)

4-313. (Reserved for future use)

4-314. SAME; DUTIES. (a) The board shall conduct examinations with regard to the applicant's practical knowledge of electrical wiring and knowledge concerning the detailed provisions of the National Electrical Code.

(b) The board shall keep an accurate record of all their official transactions.

(c) The board shall act as a Board of Electrical Appeals in hearing any appeal arising from actions of the electrical inspector.

(d) When brought before the board by the electrical inspector, the board shall issue interpretative rulings on provisions of the National Electrical Code and shall recommend changes in this article to the governing body.

(e) The board shall have the authority to revoke or suspend licenses issued pursuant to this chapter for violation of the laws of the city. (Code 1983)

4-315. APPEAL. Any owner or agent desiring to appeal from any notice and order or any other action of the electrical inspector under this code may do so by filing at the office of the city clerk within 30 days from the date of the service of such order, a written appeal containing:

(a) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.

(b) A brief statement in ordinary and concise language of that specific order or action protested, together with any material facts claimed to support the contentions of the appellant. Only those matters or issues specifically listed by the appellant shall be considered in the hearing of the appeal.

(c) A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside.

(d) The signatures of all parties named as appellants and their official mailing addresses.

(e) The sworn statement (under penalty of perjury) of at least one appellant as to the truth of the matters stated in appeal. (Code 1983)

4-316. SAME; PROCESSING. The electrical inspector shall present any appeal filed in the office of the city clerk to the Board of Electrical Appeals. (Code 1983)

4-317. SAME; NOTICE; HEARING. After receiving the written appeal, the Board of Electrical Appeals shall set a date, time and place for the hearing of the appeal. Such date shall not be more than 10 days from the date the appeal was filed with the electrical inspector. Written notice of the time and place of the hearing shall be sent to each appellant by the secretary of the board either by personal delivery or by mailing a copy to the address shown on the appeal. (Code 1983)

4-318. SAME; DISPOSITION BY THE BOARD. (a) The appellant shall cause to be made at his or her own expense any tests or research required by the board to substantiate his or her claims.

(b) After hearing the evidence the board shall reach a decision on the appeal within five days. A copy of the decision and the reasons therefore shall be delivered to the appellant personally or sent to him or her by certified mail, postage prepaid, return receipt requested. (Code 1983)

4-319. SAME; WAIVER. Failure of any person to file an appeal as set out above shall constitute a waiver of his or her right to an administrative hearing and adjudication of the notice and order or to any portion thereof. (Code 1983)

4-320. ELECTRICIANS; DEFINITIONS. (a) An electrical contractor is a person who may conduct, carry on or engage in the business of electrical contracting and maintain a place of business. (Code 1983)

4-321. LICENSE REQUIRED. (a) It shall be unlawful for any person to conduct, carry on or engage in the business of electrical contracting without first having had issued to him or her a valid license.

(b) Every license issued under this article shall be carried on the person. (Code 1983)

4-322. SAME APPLICATION. Any person required by this code to possess a license shall meet the qualification requirements established by the Building Trades Board, submit an application form which can be obtained from the secretary of the board together with the application fee, pass the examination given by the board and pay the license fee as required. The electrical inspector may issue such a license to any person who submits an application, pays the required application fee, meets the education and/or experience requirements established by the board, has successfully passed any electrical examination given by a government agency, with content based on the current edition of the National Electrical Code, possesses and presents a valid license for same as applied, and pay the license fee as required. The electrical inspector may refer any application to the Building Trades Board. (Code 1983)

4-323. SAME; FEES. Every person applying initially for a license shall pay to the secretary of the Building Trades Board at the time he or she make application the fee of $25. (Code 1983)

4-324. SAME; ISSUANCE OF LICENSE. The board shall issue licenses pursuant to the following provisions:

(a) Licenses shall be issued to such persons that make application for such license, pay the required fee and successfully pass the examination conducted by the board. In lieu of an examination the board may issue such a license to such person that makes application therefore, pays the required fee and possesses and presents to the board a valid license issued to him or her by any other governmental agency giving an examination, the scope and character of which, in the opinion of the board, is at least equal to that given by the board. (b) A passing score will be 70%. Credit may be given for certain parts correctly done, but the board may determine that any or all parts of the examination must be retaken. (Code 1983)

4-325. SAME; RE-EXAMINATION. Any person who fails to pass the examination as prescribed by the board may apply for re-examination after the expiration of 30 days. (Code 1983)

4-326. SAME; EXPIRATION OF LICENSES. Every license shall remain in force and effect until its expiration date on the 30th day of April of each year unless canceled, revoked or suspended. (Code 1983)