by Tracy McCue, Sumner Newscow — By a 9-2 vote, the Wellington City Combined Trade Board sent to the council a recommendation for approval of the 2015 International Code and a list of proposed city ordinances. The Wellington City Council will make a final decision at an unspecified later date.

However, many landlords are upset that the new codes are too restrictive and will create additional costs when improving or maintaining their rental property.

The issue came to a head Monday evening during a 90 minute discussion at the council chambers that pitted licensed trade contractors against the landlords in attendance.

Upon the conclusion of the discussion, the 11-member Combined Trade Board made up of two mechanical, plumbing, electrical, and building contractors along with two representatives of “resident at large” took the vote. The nine contractors voted for the proposed changes, the two resident representatives, Tim Fairbanks and Kenny Moore, voted no.

Now it goes into the hands of the Council which will make the final decision. The combined trade board only serves as an advisory commission to the council and can’t make law (see definition of board and its membership here).

The code proposals comes with the blessings of Wellington City Inspector Richard Jack, who replaced Wes Bennett in April of 2015.

“I would like to point out that I personally did not make these changes, but the combined trade boards from the cities of Arkansas City, Winfield and Wellington made these changes,” Jack said.

There are several changes throughout the behemoth Wellignton city code book, but the proposal that caught the ire of many of the landlords in attendance involved changed the wording of “property owner” to “owner occupied.” Owner occupied is another word for homeowners who live on the property.

Jack said at the meeting which is reiterated in a letter to the council membership on Nov. 28, 2016 (see letter here), that there is a distinct difference between those who work on their own house they live in and those they rent.

He states:

“The reason for the wording change is this; if you do it yourself, you are doing it for your own personal gain, or pride of ownership. If you are not doing it yourself, on the property you live in, you are now doing it as a business, which would suggest that you are no longer doing it for personal gain, but for financial gain, which would require, in my opinion, licensed trades people to do the work.

I have gone so far as to create a landlord’s license to be able to pull building permits. This would be for framing, insulation, roofing sides and sheetrock, which are the basic things a general contractor would do, as well as the finish work. But in no way would it allow them to do trade work.”

The definition of trade work, according to Jack, is electrical, mechanical, and plumbing.

But several in attendance believe this is an unfair governmental intrusion of the city. By not allowing them to do their own work on electrical and plumbing, that will inevitably create greater costs to them and other landlords. As a result, rental rates across Wellington will rise.

“When you have 60 percent of the population in Wellington who pays rent, and you have to raise rents to compensate the raising of maintenance costs, then I think that is a problem,” said an audience participant.

Stacey May said Jack’s opinion that landlords renting property do not care as much for their homes, as do home occupied owners is unfounded. She also feared that by adopting these regulations, people will have less incentive to develop rental property.

Chris Craig, who resided over the meeting and voted for the changes, said these rules are not put in place to hurt the landlords who are doing it right, but to penalize those who are doing it wrong.

“So then why am I being penalized?” Moore asked. “I have never had an inspection report be negative. (Former City Inspector) Wes Bennett used to love my work.”

Fairbanks said he doesn’t understand why the current law needs changing. If someone pulls a permit, and it doesn’t meet inspection, the city inspector can disapprove it.

Much of the discussion revolved around people and building permits. Both Jack and Jeremy Jones, Director of Public Works, said the compliance office isn’t overrun by those seeking a building, instead most people electing to do it themselves.

Jones disputed that rent fees will go up since 78 percent of the city permits pulled are already by licensed contractors anyway and many more are pulled for things such as new decking, fencing, etc.

Jack said nothing will change drastically. People can still roof their house, or do their floors, sheet rock, or put in new windows provided they aren’t smaller than the previous ones.

“I’m a nice guy,” Jack said. “Just come in my office and I can tell you if what you are doing for your home or rental needs to have a permit or not.”

Wellington City Manager Shane Shields said if there is a tragedy like a fire which is caused due to faulty electrical work, then the city of Wellington could be liable without a specific law on the books.

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