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Chr1St1 MINUTES OF THE REGULAR MEETING
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MECHANICAL PLUMBING ADVISORY BOARD e F w
February 9, 1995 -e>
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BOARD MEMBERS PRESENT: Richard Miller, Chairman
Joe Frazer
Ronnie Marek
Ronald Murray
Richard Rector
Zernie Smith
Mike Sutton
BOARD MEMBERS ABSENT: Lew Larson, Vice Chairman
Mike Dodson
Reed Glendenning
STAFF MEMBERS PRESENT: Lelland Kirbow, Chief Mech/Plbg Inspector
Lorenzo Gonzalez, Building Official
Elizabeth Kay Butler, Senior Secretary
Chairman Miller called the meeting to order at 2:10 p.m., in the Committee Room on
the first floor of City Hall.
The first item on the agenda was the approval of the January 12, 1995 meeting as
corrected.
The next item was the discussion of the petition from the Coastal Bend Air Conditioning
Contractors Association, regarding adoption of Article 8861 of the Texas Air Conditioning and
Refrigeration Contractors Licensing Law.
Mr. Abey Flores, President of the Coastal Bend Air Conditioning Contractors
Association, stated that it was the consensus of the association that Article 8861 be recommended
for adoption, in its entirety, to be part of the Corpus Christi Mechanical Code.
A discussion followed during which Mr. Gonzalez stated that the City had not adopted
Article 8861 in its entirety, but adopted it only for the purposes of permitting, which serves as
the basis for identifying to whom permits should be issued. The question from the staff s
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City of Mechanical Plumbing Advisory Board
Corpus February 9, 1995
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standpoint is, whether it is the Board's and industry's decision to recommend the full adoption
of the law, since a funding sources would need to be identified.
Mr. Terry Whitmire stated that if the City could assess fines for no license and no permit
you would have funds coming in to pay for additional inspectors. At present, if someone is
unlicensed and is performing a job without a permit, the City cannot take action. As a licensed
contractor working without a permit, the City can assess a $200 administrative fee. If Article
8861 were to be enacted in its entirety, the unlicensed contractor could be fined, and revenue
obtained. At present, there is no reason for an unlicensed person to get a license, as the initial
enforcement of a violation lies with the State, not with the City. The lack of funding and
manpower are the main problems. It was felt that there is discrimination against a licensed
contractor.
The main concern expressed by the audience, was a concern for public safety and that
unlicensed contractors, who are doing the work, and not taking a permit, are not adhering to the
code, are endangering the public and should be subject to the sante penalty that the licensed
contractor faces or more.
Ms. Sally Farris, Assistant City Attorney, explained that the City of Corpus Christi only
has Class C Misdemeanor authority, in any kind of licensing or enforcement action. The City
is already operating under Article 8861, probably to the maximum, with the exception of a new
ordinance creating City licensing. She added that, if the City were to adopt Article 8861, it
meant adopting all the State Statutes, and that there was a lot more in the statues which did not
apply to municipalities. Ms. Farris suggested that if the industry wants Article 8861 adopted,
it could be accomplished with a resolution or a condition that requested council action to
implement, to the fullest extent possible, the provisions that are afforded municipalities under
Article 8861, including a City licensing provision. She added that a person who does a job
without a permit was subject to prosecution in Municipal Court, whether he is licensed or not.
A motion was made by Mr. Frazer, seconded by Mr. Smith and passed unanimously to
recommend a public hearing be held regarding the City of Corpus Christi implementing portions
of State Article 8861.
It was suggested that the public hearing be held on the date of the next regular meeting,
in the evening.
Mr. Kirbow introduced Mr. Garry Stuart and Mr. Johnny Gamez as the two new
Mechanical/Plumbing Inspectors for the City Of Corpus Christi.
Under receipt of petitions from the audience Mr. James VanKirk, a local engineer,
distributed a letter, and requested the contents of the letter be brought to the floor for discussion
City of Mechanical Plumbing Advisory Board
Corpus February 9, 1995
Christi Page 3
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and adoption of use limitations on the applications of the clamps, in specific types of repair, at
the next meeting. He stated that the clamps must meet the requirements of the plumbing code
and that he would prepare a package for distribution at the April 1995 meeting.
The meeting was adjourned at 3:42 p.m.
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