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Home My WebLink AboutOrdinance 9439.~: fs ORDINANCE N0. AN ORDINANCE AMENDING ORDINANCE NO. 8907, AS AMENDED, THE FORT WORTH MECHANICAL CODE, TO PROVIDE FOR THE ISSUANCE, REVOCATION AND SUSPENSION OF LICENSES, BUSINESS REGISTRA- TIONS AND PERMITS UNDER SAID CODE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 204 of Ordinance No. 8907, as amended, be amended by revising Paragraphs (a)(1) and (a)(2) to read as follows: "Mechanical License and Business Registration. "Sec. 204(a)(1) Business Registration. Permits shall be issued only to a business which has a valid registra- tion with the City of Fort Worth to make an installation of equipment regulated by this code. Each business, in- cluding self-employment, shall have in its employ a licensed individual where licenses are required by this code or an official of the business listed with that busi- ness registration who will be designated for issuance of permits. Each registered business shall notify the City of Fort Worth of any change in licensee or designated offi- cial. Permits shall not be issued where a business regis- tration or license has been suspended or revoked. "(2) License Required. Only a person who possesses a valid Fort Worth Mechanical Air Conditioning Contractors License or a valid .State of Texas Air Conditioning Contractors License will be issued permits for the instal- lation of all forms of heating, cooling, heating and cool- ing duct systems and other heat-producing appliances regu- lated by this code. Such licensed contractors may extend to and connect thereto any gas piping that may be required for the operation of such equipment. All electrical con- nections are regulated by the Fort Worth Electrical Code. Only a person who possesses a Fort Worth Mechanical Air Conditioning Contractors License will be issued permits for the installation of refrigeration systems which are not connected to environmental air conditioning. "A Maintenance Journeyman Electrician License shall be required for all persons who perform electrical ser- vice, repair or maintenance on equipment regulated by the Mechanical Code when a permit is not required. EXCEPTION: (1) Those individual persons who possess a State of Texas Air Conditioning Contractors License shall not be required to obtain a Fort Worth Maintenance Journeyman Electrician License. EXCEPTION: (2) Plumbing contractors holding a valid State Plumbing License may install gas fired appliances not connected with refrigera- tion or cooling. All L.P. gas piping installa- tions shall conform to the applicable Texas Railroad Commission regulations." SECTION 2. That Section 204 of Ordinance No. 8907, as amended, is hereby amended by revising Section 204(d)(2) to read as follows: "Sec. 204(d)(2) Business Registration fees shall be as follows: First year or portion thereof $100.00 Effective Date Yearly renewal $ 50.00 January 1, 1985 Delinquency fee for yearly $ 25.00 renewal Reinstatement of suspended $ 25.00 registration" SECTION 3. That Section 204 of Ordinance 8907, as amended, is hereby amended by revising Section 204(k) to read as follows: "Sec. 204(k) License or Business Registration Revoked. A license, a business registration or permit may be suspended, repealed or revoked by the Building Official or enforcing authority by reason of the occurrence of one or more of the following: 1. Adjudication of insanity; 2. Fraud or misrepresentation in obtaining a license, registration or permit; 3. Violation of any provision of this ordinance, the Plumbing, Electrical or Building Codes or any other regulatory ordinances of the City applicable to the installation or alteration of appliances, equipment or systems as set forth in the Mechanical Ordinance; 4. Defraudation of any person for whom he has ren- dered or contracted to render service; 5. Failure to obtain a permit or the attempted assignment of a permit for others; 6. Failure to pay permit fees or the voluntary or involuntary filing of bankruptcy proceedings by or against the firm, partnership, association or corporation with a business registration with the City of Fort Worth. -2- f > > 7. The sending of six notifications within a six- month period that the licensee or registered business is in violation of the Mechanical Ordi- nance; 8. When a state license is suspended for any rea- son. SECTION 4. That Section 204 of Ordinance No. 8907, as amended, is hereby amended by revising Section 204(1) to read as follows: "Sec. 204(1) License and Registration Suspension. Upon suspension or revocation of said Mechanical and Air Conditioning Contracting License, or business registra- tion, same shall be null and void and no work thereafter may be performed thereunder. "Board Affirmation. Upon appeal to the Board, the Board may affirm, revise or modify such suspension or re- vocation. "A business registration suspended for failure to maintain state-required insurance may be reinstated at no fee within the first 60 days. After the first 60 days, a reinstatement fee will be assessed." SECTION 5. That Section 301 of Ordinance No. 8907, as amended, is hereby amended by revising Section 301(b) to read as follows: "Sec. 301(b) Exempt Work. A mechanical permit will not be required for the following: 1. Any portable heating appliance, portable venti- lating equipment, portable cooling unit or port- able evaporative cooler.. EXCEPTION: A through-the-wall air con- ditioning unit and a unit refrigera- tion system commonly referred to as a window air conditioning unit shall not be classified as portable equipment. 2. Any closed system of steam, hot or chilled water piping within heating or cooling equipment regu- lated by this code." SECTION 6. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1964), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and.. such Code are hereby repealed. -3- .. -, SECTION 7. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance 'shall be fined not more than 'Two Hundred Dollars ($200.00) for each offense. Each day that a vio- lation is permitted to exist shall constitute a separate offense. SECTION 9. ' The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as pro- vided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 10. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption, Sections 1, 2, 3, 4, 5, 8, 11 and 12 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. -4- a1, T. SECTION 11. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, Sections 1, 2, 3, 4, 5, 8, 11 and 12 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Art. 1176b-1, Revised Civil Statutes of Texas. SECTION 12. This ordinance shall be in ful~~rce sand effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date : ~ ~ ~ ~ ~ ~ ADOPTED : ~ `~ ''~S EFFECTIVE:. -5- .{,f" 1dAEPER FILEay1V p ~= clTV rnrra.~oe~t.a, RCCOU~lTl7Vp.2 ~a 1~ ®~ T7A4Si CiTy'ibMJPU L1^ s^va.~x- .r N ~ i'E:R nt:vr_~n City ®f ' 1G'~rt worth, ~'exas aid' c~®u~~i~ ~®ar~.rnuna~at~®~~, DATE ,i~edlNlS7RAT7cirr,l REFERENCE NUMBER SUBJECT MECHANICAL CODE REVISIONS PAGE 1 7/30/85 G-6395 ~, «~e..~ >.or Recommendation It is recommended that the City Council amend the Mechanical Code of the City of Fort Worth, as provided below. Discussion The Mechanical Code of the City of Fort Worth (Ordinance No. 8907, as amended) regulates the licensing of persons and registration of companies eligible to obtain permits and install heating, ventilation and air conditioning (HVAC) systems. Fort Worth has had a licensing law requirement since 1965. Recently the State of Texas adopted the air conditioning contractor license law (Article 8861 Texas Rev. (iv. Stat.), which authorizes persons performing environmental air conditioning work to obtain a state ]icense which must be recognized by all municipalities. Certain Code changes, therefore, need to be implemented to be consistent with the state licensing requirements. In addition, other changes regarding the issuance and suspension of licenses, business registrations and permits is recommended. The Mechanical Board of Appeals and the staff have re- viewed these changes and recommend that they be adopted. DA I : i ww a~~ROU~~ ~r CITY C ~~ s ~u~ . ~~ ~~~~~~ City Seosetary of the City of Fc~ y~ SUBMITTED FOR THE CITY MANAGER'S nFFICE BY DISPOSITION BV COUNCIL: PROCESSED BY Q APPROVED ORIGINATING 7 DEPARTMENT HEAD: JOe Bilardi (] OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL 1NFORMATI~ernon Lambert Ext 7886 CONTACT Adopted Qrdirance 6Jo. DATE