(a)   License required.

(1)   It shall be unlawful for any person to do any work for hire or for remuneration, in money or money’s worth, upon the city’s water, gas, electric, or sanitary sewer utilities, or appurtenances, pipes or wires connected thereto, or to make any connection with or alteration or extension to or from the supply pipes or wires or discharge laterals of the respective utilities belonging to any customer thereof or person using any of the said utilities, or any one of them, until such person performing such work shall have taken out a license as herein provided.

(2)   It shall be unlawful for any property owner to do any work himself or herself upon the city’s water, gas, electric, or sanitary sewer utilities, or appurtenances, pipes or wires connected thereto, or to make any connection with or alteration or extension to or from the supply pipes or wires or discharge laterals of the respective utilities belonging to any customer thereof or person using any of the said utilities or any one of them within or on any property owned by him or her until such owner performing such work shall have taken out a license as required by this chapter and article; provided, however, on owner occupied properties, no such license shall be required except for work on or in connection with the city’s gas utility; and provided, further, nothing in this proviso shall be deemed to allow any work performed by the owner/occupant to be done contrary to applicable code and safety regulations.

(3)   It shall be unlawful for any person to engage, hire, procure, allow or permit any person to do any work upon the city’s water, gas, electric, or sanitary sewer utilities, or appurtenances, pipes or wires connected thereto, or to make any connection with or alteration or extension to or from the supply pipes or wires or discharge laterals of the respective utilities belonging to any customer thereof or person using any of the said utilities, or any one of them, unless such person so engaged, hired, procured, allowed or permitted to perform such work is licensed or otherwise permitted to do such work as herein provided.

(4)   Concrete work.

(A)  It shall be unlawful for any person for hire or for remuneration in money or money’s worth, to perform general concrete work, to include the placing and erecting of steel or bars for the reinforcing of mass, pavement, flat and other concrete work until such person shall have taken out a license issued by the city of Garnett; provided, however, a property owner may do any such work himself in or upon property he or she then and there owns without obtaining such a license; but nothing in this exception shall be deemed to allow any such work to be done contrary to all applicable building code provisions and sound trade practices.

(B)  To the same extent and in the same manner as the city of Garnett would grant reciprocal rights to the holder of a gas, water, electrical or sanitary sewer business license under subsection (b), any person possessing a valid license issued by a city of the first or second class in Kansas shall not be required to obtain an additional concrete license from the city of Garnett.

(b)   Any such person possessing a valid license issued by a city of the first or second class in the state of Kansas, the issuance of which depends upon passing a written examination comparable in scope and difficulty to the examination hereinafter required and which said license authorizes the holder thereof to perform work within said city of the first or second class upon that city’s water, gas, electric, or sewer utilities, appurtenances or wires connected thereto or to make alteration or extension to or from the same, shall not be required to obtain an additional license from the city of Garnett.

(Code 1961, 5-13-1; Ord. 3785; Ord.; 3865; Ord. 4159; Code 2023)

Licenses issued hereunder shall be of one or more of the following classes:

(a)   Gas;

(b)   Water;

(c)   Electrical;

(d)   Sanitary sewer;

(e)   Concrete,

and such class shall be conspicuously endorsed upon the face of each license. A license issued for one class shall permit the licensee to perform, for hire or remuneration, work of that class and no other. The cost of the license is twenty-five dollars ($25.00).

(Code 1961, 5-13-2; Ord.; 3865; Code 2023)

Applications for licensing hereunder shall be made upon forms supplied by the city for such purpose and shall include the name and address of the applicant and of each member of his firm, the business name of the firm operated by applicant, if any, and its correct street address; the class or classes of licenses for which application is made; and such other information as may be relevant or enable the city to process the application. Each application form shall include a statement to which applicant shall subscribe his name stating that if licensed, he will abide by all the rules and regulations now and hereafter adopted by the city controlling the class of work for which applicant shall be licensed.

(Code 1961, 5-13-3; Ord. 2308; Code 2023)

(a)   Except as provided in subsection (c), any person who has been issued any class of license under the provisions of this article shall forthwith deposit with the City Clerk a certificate of insurance showing general liability insurance coverage in force for at least the term of the license in an amount not less than one million dollars ($1,000,000.00) for any incident.

(1)   Such policy shall insure against all loss, cost, expense or damage resulting from the work done, being done or to be done by such licensee and by such licensee’s agents and employees when such loss arises either as a result of such licensee’s negligence or failure to comply with the terms and conditions of this article or other ordinances and codes applicable to the work. The policy shall also contain completed operations coverage in the same amount.

(2)   To the extent permitted by Kansas law, the said policy shall also contain a provision for notification to the city of insurance cancellation prior to the date of cancellation. Failure to provide such insurance and the evidence of its being in force, or suffering the cancellation thereof without providing continuous coverage through a replacement or substitute policy shall render any license issued under the chapter null and void and shall subject the licensee to punishment for violation of this article if any work shall be done by the licensee which is covered by said license. Such policy or policies of insurance and the certificates issued thereon shall be written so as to cover any class of work for which the license or licenses are issued pursuant to this article and title.

(b)   No new license shall be issued nor shall any license be renewed after the effective date hereof without the licensee’s full compliance with subsection (a).

(c)   Any licensee may elect to restrict his or her work to the licensee’s own properties. The election shall be on forms provided by the city and the city’s records shall thereafter reflect such restriction. In such case, the requirements of liability insurance are waived. At such time as a licensee who holds a license restricted as provided by this section desires to work on properties owned by other persons or entities, he or she shall first obtain the insurance required hereunder and present evidence of such to the city, at which time the restriction shall be removed from said license or licenses.

(d)   The City Manager is hereby authorized to promulgate reasonable rules and regulations to facilitate the administration of the provisions of this section and to coordinate administration hereof with any Kansas laws regarding insurance, including amendments occurring after the adoption hereof.

(Code 1961, 5-13-4; Ord. 3981; Code 2023)

(a)   To become licensed by the city under this chapter and article, to do any of the covered work within the city, all electricians, plumbers, and concrete, mechanical, heating, ventilation or air conditioning contractors applying for such license shall either:

(1)   Present a certificate of competence from a nationally recognized testing institution as contemplated by K.S.A. 12-1508 (plumbing contractors), K.S.A. 12-1525 (electrical contractors), K.S.A. 12-1541 (heating, ventilation and air conditioning contractors), or ICC, and must score seventy percent (70%) or better on such examination; or

(2)   Hold at least a bachelor of science degree in a construction related engineering or a construction science field, obtained from an accredited college or university.

(b)   The Kansas statutes cited herein are intended to include any subsequent amendments thereto. In the event such amendments expand or otherwise modify any of the tests, the City Manager is hereby given rule making authority to accommodate the city’s testing requirements to comply with such amendments, if necessary; and such rule making authority includes the permitting of other testing protocols similar to those specifically permitted by the present statutes.

(c)   Any current licensee of the city shall not be required to take and pass the examination provided for in this section and such license may be renewed so long as it does not lapse or expire. This exception shall not apply in any case in which such a license is revoked or suspended by the city.

(Code 1961, 5-13-5; Ord. 3974; Code 2023)

(a)   Any licensee found guilty of violating the rules, regulations, or ordinances of the city relative to concrete, plumbing, whether water or gas, sanitary sewer, or the electric utility, or of the provisions of this article, or whose insurance shall lapse or be revoked, shall immediately forfeit his license. Otherwise, the term of such license shall be for one year from date of issue.

(b)   Anyone permitted to perform concrete, plumbing, whether water or gas, sanitary sewer, or electric, under the provisions of section 4-1101(b), shall, upon having been found guilty of violating any of the rules and regulations of the city of Garnett relative to concrete, plumbing, whether water or gas, sanitary sewer, or the electric utility, or any of the applicable provisions of section 4-1103, as amended, immediately forfeit and lose his privilege to perform such work within the corporate limits of the city of Garnett under any license issued by any other city.

(Code 1961, 5-13-6; Ord. 2383; Ord. 3552; Code 2023)