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HomeMy WebLinkAbout17477 ORD - 02/16/1983AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES TO PROVIDE FOR LICENSING OF MECHANICAL CONTRACTORS; PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 1, 1983; PROVIDING FOR PENALTY; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. SHORT TITLE. This ordinance may be cited as "The Mechanical Contractor Licensing Ordinance." SECTION 2. DEFINITIONS. In this Ordinance, unless the context requires a different definition: (1) "Environmental air conditioning" means the process of treating air so as to control continuously and simultaneously its temperature, humidity, cleanliness, and distribution for human comfort to meet the requirements of the conditioned space. (2) "Mechanical Contractor" means any individual, partnership, firm, or corporation that engages in the business of installing, repairing, or altering refrigeration, heating, ventilating, or air conditioning systems or equipment, except those regulated under Chapter 113 "Liquefied Petroleum Gas Industry" of the Texas Natural Resources Code. (3) "Mechanical Contracting" means the business of installing, repairing, or altering refrigeration, heating, ventilating, or air conditioning systems or equipment. (4) "Mechanical" does not include the installation, alteration, or repair of portable and/or self-contained ductless appliances of 2i tons, or 30,000 BTU/hr or less. (5) "Board" means the Corpus Christi Mechanical Advisory Board. (6) "Person" includes individual, firm, association, partnership, and corporation. SECTION 3. CORPUS CHRISTI MECHANICAL EXAMINATION COMMITTEE The Mechanical Examination Committee shall be comprised of the Building Official, the Permit Officer, and the Chief Plumbing/Mechanical LMED Inspector of the Building Inspection Department. SEP 8 1984 Amended bYOrdnance NO /9410 Debt 7C �rQ! /ST -W SECTION 4. REVIEW OF GRIEVANCES It shall be the duty of the Board to conduct reviews of grievances, make investigations, and adopt recommendations in keeping with their findings. SECTION 5. PROHIBITED ACTS No person may submit bids or engage in business as an air conditioning contractor, or be issued a mechanical permit, unless done so in accordance with the terms of this ordinance. SECTION 6. MECHANICAL CONTRACTOR LICENSE (a) Mechanical contractor licenses are of two classes: (1) Class "A" license which entitles the licensee to install, repair, or alter refrigeration or summer -winter environmental air conditioning systems of any size or capacity; (2) Class "B" license which entitles the licensee to install, repair, or alter incremental environmental air conditioning systems developing not more than 5 tons cooling per unit and its complimentary heating requirement. (b) An applicant for a mechanical contractor license must be at least 18 years of age, of good moral character, and must have at least three years of practical experience in mechanical work. For the purpose of this requirement a degree or diploma in air conditioning engineering or mechanical engineering from an accredited college or university of engineering approved by the Texas State Board of Registration for Professional Engineers for the purpose of licensing professional engineers under the Texas Engineering Practice Act is considered the equivalent of two years of practical experience. (c) The application shall be made on a form prescribed by the Examination Committee. Each application shall be verified and accompanied by evidence of insurance coverage as provided in Section 9 of this Ordinance, a statement of the applicant's practical experience, and a $50.00 examination fee. The application and fee shall be filed at least 15 days prior to the date set for the examination. (d) The applicant is entitled to a mechanical contractor's license if he or she possesses the qualifications enumerated in Subsection (b) of this section, passes the appropriate examination with a grade of 70 percent, 2 SEP 2 81984 pays the original license fee required by this Ordinance, and has not committed an act which constitutes grounds for a denial of a license under Section 14 of this Ordinance. (e) A licensee holding a mechanical contractor license, Class "B" upon submission of an application prescribed by the Board and payment of a $50.00 examination fee, may take the examination administered for the Class "A" license. Upon passing the written examination for that class with a grade of 70 percent and payment of the fee required by this Ordinance, a license of the appropriate class shall be issued. (f) Licenses shall be issued in name of the individual. All work in progress at death of qualifying person may be completed without further licensing. SECTION 7. EXAMINATIONS (a) It shall be the duty of the Examination Committee to pass upon the qualifications of all applicants for licenses. Any person who shall make application for a Mechanical License may obtain proper forms from the Building Inspection Department. Upon receipt by the Building Official or his authorized representative of an application accompanied by proper fee, an examination shall be scheduled for the first Monday of the month following the receipt of the application. If Monday falls on a holiday, the examination will be given on Tuesday. (b) Twelve examinations shall be held each year at dates prescribed by the Examination Committee. The Examination Committee shall formulate a written examination, which is uniform to all applicants of a particular class. (c) The examiners shall administer all examinations and certify the results of the examination to the board. (d) If an applicant fails to pass the examination for a license, he or she is eligible for reexamination after 90 days, on filing a new application and paying a reexamination fee of $25.00. After second and subsequent failures, the applicant is not eligible for reexamination for a period of six months, at which time a new application and reexamination fee of $25.00 must be submitted. 3 SECTION 8. RECIPROCAL AGREEMENTS WITH OTHER CITIES Recognition of licenses from other cities: A mechanical contractor holding a current valid license in another city may apply for and receive a similar license in this city without taking an examination provided the following conditions are complied with: (1) The applicant shall show that the current valid license referred to above was issued by a city having a licensing ordinance. (2) The mechanical contractor shall submit evidence that he has passed a licensing examination from such city. (3) The mechanical contractor receiving a license under this provision must pay a license fee and comply with all other requirements under this division. (4) The Building Official or his assistant may issue to the applicant a mechanical license, provided such city permits mechanical contractors from Corpus Christi to obtain mechanical licenses under procedures similar to the above; and further provided that the examinations of such city have been determined by the Examination Committee to be comparable to City of Corpus Christi examinations. SECTION 9. INSURANCE (a) Licenses under this Ordinance are required to carry personal liability insurance in an amount not less than $100,000 for any one accident and not less than $50,000 for any one person, and property damage insurance in an amount not less than $300,000 for any one accident. (b) Licensees shall furnish the Building Official with certificates of insurance evidencing the required liability and property damage insurance coverage with a provision that in event such coverage is to be cancelled or reduced, the insurance carrier shall notify the Building Official in writing at least ten days prior to such cancellation or reduction in coverage. A licensee's license shall be suspended during any period that the licensee fails to maintain in effect the required liability and property damage insurance. SECTION 10. LICENSE RENEWAL (a) All licenses issued under this Ordinance expire one year from the date of issue. 4 (b) A license may be renewed by payment of the renewal fee required by this Ordinance on or before the date of expiration. (c) A license which has expired may be renewed by payment of the renewal fee within 60 days of the date of expiration. (d) A license which has expired for more than 60 days but less than 90 days may be renewed by payment of a $25.00 deferred renewal fee in addition to the renewal fee. (e) If a license has expired for more than 90 days, and the licensee was not incapacitated during this period, the licensee must apply for an original license as provided in Section 6 of this Ordinance. SECTION 11. INACTIVE LICENSE RENEWAL (a) A licensee who is not actively engaged in the business of air conditioning contracting may apply for an inactive license renewal by submitting an application affirming that he or she will not engage in the business of mechanical contracting. (b) An inactive license shall be issued on compliance with Subsection (a) of this section and payment of a $25.00 inactive license renewal fee. (c) Licensees holding an inactive license are not required to maintain insurance as required by Section 9. (d) The holder of an inactive license may obtain a regular license by filing an application and paying the renewal fee. SECTION 12. FEES (a) The fees for original licenses issued under this Ordinance are: (1) Mechanical contractor, Class "A: - $500.00; (2) Mechanical contractor, Class "B" - $100.00; (b) The original license fee for a mechanical contractor increasing his license class under the provisions of Subsection (e) of Section 6 is the difference in the original license fees of the two classes in Subsection (a) of this section. (c) The renewal fees for licenses issued under this Ordinance are: (1) Mechanical contractor, Class "A" - $100.00 (2) Mechanical contractor, Class "B" - $ 50.00; 5 SECTION 13. ISSUANCE OF LICENSES ON EFFECTIVE DATE OF ORDINANCE (a) Any person who holds a license as a mechanical contractor from the mechanical examining authority of any city and who is actively engaged in the mechanical contracting business at the time this Ordinance takes effect may procure a license without examination by paying the required license fee within 120 days after the effective date of this Ordinance and showing evidence to establish license class. (b) A person actively engaged in mechanical contracting is entitled to receive a license without examination if within 120 days after the effective date of this ordinance he or she pays the required license fee and submits good and sufficient evidence that during the three years immediately preceding the effective date of this Ordinance he or she was at all times engaged in the mechanical contracting business in the appropriate class. (c) A person in military service on the effective date of this Ordinance is entitled to receive a license without an examination if within 30 days after discharge from the service he or she applies for the license, pays the required fee, and submits good and sufficient evidence that during the three years immediately preceding entry into the military service he or she was at all times engaged in the mechanical contracting business in the appropriate class. SECTION 14. SUSPENSION OR REVOCATION OF RIGHTS (a) The board may recommend that the City Council suspend or revoke the license of any mechanical contractor who is found guilty of: (1) The practice of any fraud or deceit in obtaining such license. (2) Taking out permits in the name of some person, firm or corporation authorized by law to do mechanical work and thereafter permitting a person without a proper license to do the work. (3) Any gross negligence, incompetency or misconduct in the performance of mechanical work. (b) In determining any such charges, the board shall proceed upon sworn information furnished it by an official of the city, or by some person aggrieved by the action of a mechanical contractor in the performance of mechanical work for which a mechanical permit is required by the mechanical 6 code. Such information shall be in writing and shall be duly verified by the person familiar with the facts therein charged. The board, if it deems the information sufficient to support further action on its part, shall make an order setting the charges therein contained for hearing at a specified time and place, and shall cause a copy of the board's order to be served upon the accused by registered mail at least thirty (30) days before the date appointed in the order for the hearing. The accused may appear in person or by counsel, or both, at the time and place named in the order and make defense to the same. The City Attorney shall provide counsel for the board. If the accused pleads guilty, or if, upon a hearing of the charge, the board shall find any of the charges to be true, it may recommend suspending or revoking the license of such mechanical contractor. (c) When the board has completed such hearing, it shall cause a record of its finding and recommendations to be filed with the City Secretary and shall cause a certified copy thereof to be forwarded to the accused. (d) It shall be unlawful for any person, firm or corporation whose rights under a license have been suspended or revoked by the City Council to engage in or do mechanical work for which a permit is required by the mechanical code. (e) The City Council shall in reciting its decision make provisions for reinstatement based upon written notice by the City Council at the expiration of a specified period, or by the suspended person satisfactorily passing an examination given for the same class of license from which suspended. Such order of reinstatement shall be filed as a part of the record and a copy shall be made and given or mailed to the person so reinstated. SECTION 15. APPEAL (a) Any applicant who has failed three (3) examinations may appeal to the Assistant City Manager, who will appoint a special board for the purpose of considering whether such applicant should be licensed. The special board shall consist of a licensed mechanical contractor, an electrical engineer, registered to practice in the state, and a mechanical engineer, registered to practice in the state. The special board may, in considering an appeal, review the examinations previously administered by the examination committee or, at its option, prepare, administer and grade a special 7 examination. The action of this special board shall be reported to the Assistant City Manager with a recommendation based on their investigations, and the action of the Assistant City Manager will constitute final action on the appeal. (b) In the event the references of the past experience record of the applicant is unsatisfactory to the examination committee, and the examination committee fails to license him on that account, the applicant shall have the right to appeal to the Assistant City Manager for the appointment of a special board having the same qualifications as the special board used in case of failure of the examination and said special board shall make an independent inquiry of references and an independent investigation of past experience record and make its report and recommendation to the Assistant City Manager, and the action by the Assistant City Manager will constitute final action of the appeal. SECTION 16. EXEMPTIONS. (a) Persons performing the following work are exempt from the provisions of this Ordinance. (1) Mechanical work done by a homeowner in a building owned and occupied by said homeowner. (2) Mechanical maintenance work done by anyone who is regularly employed as a maintenance mechanic or maintenance engineer, and who does not engage in the occupation of mechanical contracting for the general public. (3) The installation, alteration or repair of refrigeration, heating, ventilating, or air conditioning systems or equipment installed by or for 'the state or federal government in connection with construction or repair of buildings used, owned and located on property owned by said state or federal government. Nothing herein shall be construed as a waiver on the part of the city of any inspection fee or other fee for services that the city may lawfully collect. (4) Where any industry occupies a site of twenty (20) or more acres in the use of said plant site and the conduct of general operations is such that the plant site in inaccessible to the general public and the operations on the plant site involve the assembly, disassembly, reassembly, alterations or improvements under the supervision of a registered 8 professional architect or a registered professional engineer, no mechanical contractor license shall be necessary for the erection of the plant or the assembly, disassembly, remodeling, alterations or improvements of the plant or any portions thereof used in any manufacturing process, pilot plant use, laboratory testing or use of any mechanical process equipment or laboratory testing of chemical or chemical manufacturing equipment. Any building used principally as office building, shipping docks, assembly room, restrooms, warehousing and not for any purpose related to the manufacturing or testing of equipment or operations, shall not be exempt under this section from the necessity of obtaining a mechanical contractor license and any construction or repair of any such building or structure shall be required to have a mechanical contractor license as for the same type of building elsewhere within the city limits. In order to qualify for an exemption of the provisions hereof, an affidavit shall first be filed in the office of the Building Inspection Department of the City of Corpus Christi, setting forth sufficient facts to show that the affiant is entitled to the exemption requested, on the form provided by the Building Inspection Department. (b) All work described in this section is subject to permit requirements, inspections, and approval in accordance with the terms of all city ordinances. (c) Notwithstanding any other provisions of this Ordinance nothing in this Ordinance shall be construed or applied as authorizing any person licensed hereunder to do or perform, or offer or attempt to do or perform, any act, service, function, or thing within the definition of the practice of engineering as defined by the Texas Engineering Practice Act, and the provisions of this Ordinance shall not apply to any person licensed in this state as a professional engineer and engaged in business as a professional engineer. SECTION 17. PENALTY Any person, firm, corporation or association who violates any of the provisions of this division shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine as provided in Section 1-6 of the Code of Ordinances. 9 SECTION 18. INJUNCTION In addition to the penal remedy herein, the City Attorney shall, upon direction by the City Manager, institute any appropriate action or proceeding, including actions for injunction to prevent, restrain, correct or abate any act, conduct, work, business, practice or use which is a violation of and illegal under this ordinance. SECTION 19. SEVERANCE If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 20. PUBLICATION Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption of this ordinance, stating in substance the purpose of the ordinance. 10 That the foregoing ordinance was read for the irst time and passed second reading on this the o7 day of , 19 , following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance read for third reading on this the day of following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the fore _ijg ordinanc on this the / ay of Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the ATTEST: to its by the second time and Riled to its , 19 , by the read for the wrd time and passed finally , 19 , by the following vote: Ci ecre— MAYOR THE 'TY OF CORPUS CHRISTI, TEXAS PP VED: dr - DAY OF , 1983: J. BRUCE AYCOCK, CITY ATTO NEY Byr. toricy 9P 17,277 Sl NOTICE OF PASSAGE OF ORDINANCE NO. 17477 AMENDING CHAPTER 13 OF THE, CODE OF ORDI I NANCES TO PROVIDE FOR LICENSING OF ME• CHANICAL CONTRACTORS; PROVID NG FOR AN EFFECTIVE ATE OF SEPTEMBER 1, 903; PROVIDING FOR ENALTY; PROVIDING OR SEVERANCE; AND ROVIDING FOR PUBLIJ ATION. as passed and approved y the City Council of the; Ity of Corpus Christi, Taxi s on the 16th day pfi ebruary, 1983, The full text f said ordinance Is avail; bre to the public in the five of the City Secretary.! - - -s•13111G, Read Corp s Christi Corpus Crist Texas STATE OF TEXAS, County of Nueces. }ss: PUBLIS llER''S AFFIDAVIT #' 4154 CITY OF CORPUS CHRISTI Before me, the undersigned, a Notary Public, this day personally came. ANNA GARZA who being first duly sworn, according to law, says that he is the ACQ.QUTITIK a. QILERK of the Corpus Christi Caller and The Corpus Christi 'runes, Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO 17477 AMENDING CHAPTER13••.••._ of which the annexed is a true copy,CORPUS CHRISTI CALLER -TIMES was published in on the 21 at day of__ FEBRUARY _ 19...2 and once each consecutive DAY 8- 27.72 ANNA GARZA ACCT CLERK 28th FEBRUARY 83 Subscribed and sworn to before me Oda ._ qday of._..._._._...�.-._...._._---._......._.. 19 DAY _._..._.thereafter for ONE UOQ/._...._ EUGENIA S. CORTEZ S. otary Public, Nueces County, Texas