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HomeMy WebLinkAboutMinutes Mechanical/ Plumbing Advisory Board - 03/09/1995 021 City of Corpus ?tip Christi MINUTES OF THE REGULAR MEETING 5 wr OF THE MECHANICAL PLUMBING ADVISORY BOARD lei ot March 9, 1995 6s,°,y s. BOARD MEMBERS PRESENT: Richard Miller, Chairman Lew Larson, Vice Chairman Mark Dodson Joe Frazer Reed Glendenning Ronnie Marek Ronald Murray Richard Rector Zernie Smith Mike Sutton BOARD MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Leland Kirbow, Chief Mech/Plbg Inspector Lorenzo Gonzalez, Building Official Catherine J. Warren, Secretary Chairman Miller called the meeting to order at 6:30 p.m., in the Council Chambers on the first floor of City Hall. Chairman Miller stated that the first item of business was the consideration to recommend enlarged implementation under Article 8861, The Texas Air Conditioning and Refrigeration Contractors Licensing Law as petitioned by the Coastal Bend Air Conditioning Contractors Association. It was confirmed that Zemie Smith and Richard Rector were both members of the aforementioned association and that Ronald Murray was employed by a member company. Mr. Abey Flores, President and Representative of the Coastal Bend Air Conditioning Contractors Association requested that the City of Corpus Christi adopt Article 8861, in its entirety. He stated that they were concerned with the health, safety and welfare of the consumer, proven by the fact that they are licensed to perform duties which are described in Article 8861. He stated that Mr. Ed Knight, of the Department of Licenses and Regulations, would respond to questions along with Ms. Nancy Jones, Executive Director of the Texas Air Conditioning Contractors Association. Mr. Flores added that the City of Abilene had adopted Article 8861 in its entirety, and he then handed out copies of a letter from Ms. Cassie Hughes of Abilene to Mr. Terry Whitmire. SCANNED P.O. Box 9277 • Corpus Christi, Texas 78469-9277 • (512) 880-3000 Vli/V lid `i City of Mechanical Plumbing Advisory Board Corpus March 9, 1995 Christi Page 2 v�nr Mr. Terry Whitmire stated that the City of Abilene had adopted Article 8861 in its entirety. He stated that Ms. Cassie Hughes may be contacted if there are any questions. A Class C misdemeanor is used for all construction violation codes with a life time registration fee of $15.00. Mr. Marek questioned whether a system existed which required a license number to be displayed by contractors, and if so, would contractors be encouraged to display their number in order to avoid prosecution. Mr. Whitmire responded that the concern was with unlicensed contractors. Mr. David Matthews, Matthews Air Conditioning, stated that the major advantage to adopting this article in its entirety, gave the City Building Inspection Division the ability to issue a citation on the spot, similar to a traffic ticket. Whereas at present, you have to have evidence on the person and take him to Municipal Court to prosecute him. Mr. Ed Knight, Texas Department of License and Regulation Enforcement Division stated that there has only been one city in Texas to adopt this procedure. He stated that people have been fined in Corpus Christi, both licensed and unlicensed and that licenses have also been revoked, some suspended, or probated. Mr. Gonzalez, questioned whether if the law were adopted, without the administrative process, could the City put in place an automatic administrative charge, up to $1,000.00. Mr. Knight responded that was addressed in Article 9100, of the statute which establishes the Texas Department of Licensing Regulations and that there were 50 statutes to be administered. Mr. Knight discussed concerns with the agency's complaint tracking information system, the procedure to follow to file a complaint, how adopting the article was going to help the State staff put more teeth into the law and take care of the unlicensed contractors and the procedure followed if a person is assessed an administrative fee and refuses to pay. Ms. Jones urged the Board to recommend adoption of Article 8861, since it provided a complete base for enforcement. She encouraged the Board to follow up on the procedure used by the City of El Paso to adopt 8861. Mr. Gonzalez stated that he does not see an advantage in the City adopting Article 8861 in its entirety, and that the advantage was only applicable to the State. He added that State funding and staffing for administering the Statute was very limited. Therefore enforcement was basically reactive in responding to complaints and referrals, with consumer complaints being the priority. He compared the current City administrative charge of$200 on any occurrences to the 1110City of Mechanical Plumbing Advisory Board Corpus March 9, 1995 Christi Page 3 States $150 maximum possible for a first time offense. He stated that adoption of Article 8861 would expand the construction code enforcement scope beyond the Citys present capabilities in that City staff would be doing licensing enforcement for the State in areas in which it is not currently involved. Chairman Miller commented that if the City adopts into its charter, the ability to issue citations for not taking permits, the City could issue citations. He added that if it is determined at that time that the person is not licensed, the city has the ability to turn that person or contractor over to the state, and the city could assess a penalty or fine for the non-permit. The State can assess the penalty or fine for the non-licensing. Under petitions from the audience Mr. Mark Stevens, Dolphin Air Conditioning, expressed concern regarding licensing and its associated expenses whereas an unlicensed individuals get by unpunished. Mr. Noe Morin, licensed electrician and mechanical contractor, encouraged the board to review the existing electrical licensing ordinance as a possible format consideration. Mr. Duplessis, Red Air Conditioning stated that the main point was consumer protection. Mr. Smith proposed that the Abilene ordinance be reviewed, that contact be made and that a determination of what is possible be made. He added that the problems and the deficiencies in the mechanisms to solve those problems has been understood and that research needed to be done, with counsel from the City Legal staff, to figure out what is possible and practical, to resolve the problems. A motion was made, seconded and passed unanimously to table the subject for future discussions. Mr. Mike Dodson, a new member was recognized. The meeting was adjourned at 8:50 p.m. tnzonzal s: LG:ekb 02MP-006