A RESOLUTION TO UNIFY THE LICENSES, CERTIFICATES, AND PERMITS ISSUED BY THE METROPOLITAN AREA BUILDING AND CONSTRUCTION DEPARTMENT ("MABCD") AND THE FEES CHARGED, WHICH ARE CURRENTLY SEPARATELY ISSUED AND PRICED BY SEDGWICK COUNTY, KANSAS, AND THE CITY OF WICHITA, KANSAS, AND ESTABLISHING GUIDELINES FOR THE NON-ISSUANCE OF LICENSES AND CERTIFICATES UNDER THE UNIFIED BUILDING AND TRADE CODE ("UBTC").
Presented by: Thomas Stolz, Director, Metropolitan Area Building and Construction Department.
RECOMMENDED ACTION: Approve and sign the resolution.
The MABCD was formed as a consolidated entity between Sedgwick County and the City of Wichita pursuant to a joint ordinance and resolution that was approved by the governing bodies of both local government entities in 2012.
Within the joint ordinance and resolution, it was stated that the consolidation was intended "to better serve the public and to make more efficient and effective the customer service provided to all of their citizens and stakeholdersÂ…" and to "jointly administer the codes with the intent that the same will be adopted and maintained in substantially identical form where practical." As part of that, the UBTC was adopted by both the City and the County, which with limited exceptions, has created a code for building, mechanical (HVAC), electrical, and plumbing trades that is identical throughout the City of Wichita, the unincorporated areas of Sedgwick County and the second- and third-class cities that have adopted the UBTC.
Presently, the City of Wichita and Sedgwick County issue separate General Contractor licenses. Additionally, there are still jurisdictional differences regarding permit fee charges. Maintaining the dual fee structure is not an efficient utilization of MABCD staff and technology. Furthermore, it is inefficient and confusing for contractors and trades people that perform work within the jurisdiction of the MABCD to pay different fee amounts based upon whether the work is completed inside or outside of the city limits of Wichita. MABCD staff met with all building and trade advisory boards and Wichita Area Builders Association (WABA) to vet the potential changes. All boards and WABA overwhelmingly support the license and permit unification.
As a result, MABCD staff proposes unified fees for all of these items with the intent of creating efficiency and simplicity, while also being roughly even with the present dual fee structure in terms of total City and County revenue generated from such fees.
Additionally, the resolution proposes the addition of language to clarify when the MABCD may be permitted not to issue a license or certificate to an applicant that wishes to perform a trade or work as a building contractor within the jurisdiction of the MABCD. The UBTC already contains language under which administrative hearings may occur in front of the MABCD Boards of Appeals for licensure revocation or other action. However, at this time, the UBTC does not contain any such language to permit the MABCD to deny the issuance of a license or certificate. As a result, hypothetically, a person who may have just been convicted of felony theft for thefts that they completed while working as a contractor could not be denied a license or certificate by the MABCD for that reason.
The proposed language for the non-issuance of licenses and certificates is intended to apply only in particularly serious circumstances, which could include things ranging from a felony conviction indicating that someone is not fit to be licensed, to fraud or misrepresentation on the applicant's application for the license or certificate, to an applicant's willful and deliberate disregard for the provisions of the UBTC. Regardless of any determination made by the MABCD, any impacted applicant would have the ability to request an administrative hearing before the applicable MABCD Board of Appeals, which would hear the matter and make its own determination. The applicant could then appeal the applicable board's decision to the District Court.
Alternatives: To not approve the resolution, leaving the County's current fee structure (that is separate from the City of Wichita fee structure) in place and not permitting the MABCD to take part in the non-issuance of licenses and certificates.
Financial Considerations: These changes are intended to be budget neutral.
Legal Considerations: The County has the authority to adopt this resolution pursuant to its Home Rule powers, as identified within K.S.A. 19-101 et seq. Approval by the Board of County Commissioners requires a simple majority vote.
Policy Considerations: N/A
Outside Attendees: None
Multimedia Presentation: No