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HomeMy WebLinkAboutOrdinance 5325 ORDINANCE NO. AN ORDINANCE REGULATING AIR CONDITIONING CON- TRACTORS IN THE CITY; DEFINING TERMS; CREATING AN AIR CONDITIONING LICENSING BOARD AND PRE- SCRIBING ITS POWERS, DUTIES, AND TERM OF OFFICE; PROVIDING FOR THE LICENSING OF AIR CONDITIONING CONTRACTORS, REQUIRING AN EXAMINATION; PRESCRIB- ING EXAMINATION AND LICENSE FEES; EXEMPTING CERTAIN CONTRACTORS FROM EXAMINATION; PROVIDING FOR APPEALS FROM ACTION OF THE AIR CONDITIONING %OARD; REQUIRING LIABILITY INSURANCE; PROVIDING A PENALTY FOR THE VIOLATION HEREOF; MAXING THIS ORDINANCE CUMULATIVE OF OTHER ORDINANCES REGULAT- ING AIR CONDITIONING CONTRACTORS; PROVIDING A SAVINGS CLAUSE; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1. Title; Scope A. Title. This ordinance shall be known as the "AIR CONDITIONING LICENSING ORDINANCE." B. Scope. This ordinance shall regulate air condition- ing contractors in the City; provided, that persons engaged only in air conditioning service or maintenance shall be specifically exempted and excluded from the provisions here- of. Section 2. Definitions. For the purpose of this ordinance the following words shall have the following meanings: (a) "Air conditioning." The process of treating air by means of mechanical equipment so as to control its temperature, humidity, cleanliness or distribution to meet the requirements of the conditioned space for the purpose of human comfort. (b) "Air conditioning contractor." Any person, firm, partnership or corporation which engages in the business of air conditioning contracting. (c) "Air conditioning contracting." The business of installing, altering or repairing air condition- ing equipment or systems; provided, however, that this term shall not include persons engaged only in air conditioning service or air conditioning mainte- nance, as those terms are defined herein; and, pro- vided further, that this term shall not include the installation, alteration or repair of portable and/or self-contained, ductless appliances. (d) "Air conditioning maintenance." The performing of air conditioning service, operation or repair upon any air conditioning appliance, equipment or system by any person who is a full-time employee of the owner or tenant of the building or structure served by such appliance, equipment or system. (e) "Air conditioning service." The performing of such services as the cleaning or changing of filters, the adjusting of controls, or the lubricating or charging of any air conditioning equipment or system, which ser- vices do not otherwise include the installation or re- placement of components of such equipment or system, when such work is done either on a contract or call basis, or otherwise for hirc,. (f) "Board." The Air Conditioning Licensing Board of the City of Fort Worth. (g) "City." The City of Fort Worth. (h) "Mechanical contracting." The business of installing, altering and repairing air conditioning, plumbing, or sprinkler systems and other mechanical appurtt.nances in buildings and other structures. -2- Section 3 . Creation of Air Conditioning Board; Membership; Terms; Vacancies. There is hereby created an Air Canditionirig Licensing Board, which shall be composed of five (5) members, holding positions designated as Places One, Two, Three, Four, and Five. Place One shall be held by the Chief Plumbing Inspector of the City or his duly authorized representative. Place Two shall be held by the Building Official of the City or his duly authorized representative. Place Three shall be held by a mechanical engineer, regis- tered by the State of Texas, who is actively engaged in the busi- ness of preparing plans and specifications for the installation or alteration of air conditioning equipment or systems. Place Four shall be held by an air conditioning contractor who has been actively engaged in the air conditioning business in the City for at least three years, and who in every respect is qualified to hold a license under the terms of this ordinance. Place Five shall be held by an air conditioning contractor who is principally engaged in mechanical contracting, who has been actively engaged in mechanical contracting in the City for at least three years, and who in every respect is qualified to hold a Class "A" license under the terms of this ordinance. Members holding Places Three, Four and Five shall be appointed by the City Council for a term of two (2) years and until their successors are appointed, subject to removal by the Council at any time for just cause. Said members shall have been residents of the City for the two (2) years immediately preceding their appointment. -3- Should a vacancy occur, the City Council shall appoint a person having the qualifications prerequisite to the place vacated, to serve the unexpired term of said place. All members of the Board shall serve without compensation. Section 4. Organization of the Board; Duties of Chairman and Sec- retary. (a) Three members of the Board present at any meeting shall constitute a quorum for the granting and revo- cation of licenses and for the transaction of all other business of said Board. The vote of a majority of five members shall be required for the transaction of busi- ness. (b) The Board shall elect from its members a chairman and a secretary. The chairman shall be the presiding officer of the Board. The secretary shall keep the minutes, books and other records of the Board, shall issue all licenses in the name of the City of Fort Worth, and shall send out all notices and attend to all correspondence under the direction of the Board. The chairman and secretary shall also perform such other duties incidental to their office as may be required by the Board. Section 5. Duties of the Board. The Board is hereby authorized and it shall be its duty to examine all qualified applicants for air conditioning contractor's licenses. The Board shall give written examinations, and shall keep on file for not less than one year a complete record of the examinations given, consisting of the questions, answers, and results. An applicant shall have the right, at any time during -4- regular office hours, to inspect such records as to his examina- tion in the presence of any member of said Board or their desig- nated representative. Section 6. Application for License; Examination Fees. (a) An applicant for air conditioning contractor's license shall be at least 21 years of age, and shall have at least three years practical experience in air conditioning installation, repair and/or design. For the purpose of this requirement a degree in mechanical engineering from an accredited college or university shall be deemed the equivalent of two years practical experience. (b) Application for license shall be made in the form prescribed by the Board, and shall include the name and address of the applicant, a statement of his practical experience in air conditioning installation, repair and/or design and such other information as the Board may require. If the applicant is an officer, partner or super- visory employee of a firm, partnership or corporation which intends to engage in air conditioning contract- ing under the authority of the license applied for, the applicant shall also provide such information re- garding the firm, partnership or corporation as the Board may require. All applications shall be sworn to by the appli- cant before an officer of the state authorized to ad- minister oaths and certified by such officer under his seal of office. -5- (c) Each applicant shall be required to pay an examina- tion fee of Twenty Dollars ($20.00) at the time the application is filed. A Ten Dollar ($10.00) re-examination fee shall be required for each re-examination. Section 7 . License required; Classifications. (a) Licenses to engage in the business of air condition- ing contracting in the City shall be of three (3) classifications: 1. Class "A" License shall authorize the holder thereof to install, alter or repair air condi- tioning equipment or systems of any size. 2. Class "B" License shall authorize the holder of such license to install, alter or repair air conditioning equipment or systems of a capacity of not more than twenty-five tons, or using compressors driven by not more than thirty horse- power motors or engines. 3 . Class "C" License and/or State Master Plumber's License shall qualify the holder thereof to in- stall, alter or repair systems which only heat and/or ventilate. The holder of a valid Master Plumber's License issued by the Texas State Board of Plumbing Examiners under the authority of Article 6243-101, Vernon's Annotated Texas Statutes, shall be eligible to receive a Class "C" License without examination or the payment of license or examination fees. (b) The Board shall grant a license to each applicant who satisfactorily passes the written examination, pays -6- the specified fee, and files evidence of insurance cover- age, as provided herein. Should an applicant fail to pass his first written examination, he shall be eli- gible for re-examination after ninety days upon the filing of a new application. Thereafter, upon failure to pass the examination, said applicant shall not be eligible for re-examination for a period of six months following each previous examination. Section 8. Examinations. A qualified applicant for a license shall appear before the Air Conditioning Board for examination upon notification by the Board. To become eligible for a license, an applicant shall pass with a grade of not less than 701% a reasonable written examina- tion upon matters relating to his knowledge, ability, and quali- fications to engage in or work at the business of air condition- ing contracting. One half of the examination shall inquire into the applicant's general knowledge of air conditioning, including those principles of heating, refrigeration and air distribution, the knowledge of which is appropriate to the class of license for which the appli- cant is being examined. One half of the examination shall in- quire into the applicantb knowledge of laws pertaining to the installation, alteration, or repair of air conditioning equipment or systems, including the plumbing and electrical ordinances, the Building Code and the Fire prevention Code of the City. Each half of the examination shall be given equal weight in determining the examination grades. Applicants for Class "A" licenses shall be examined on all matters, knowledge of which is required by the Board for Class "B" and Class "C" licenses and, in addition, shall be examined as to knowledge of air conditioning engineering matters peculiar to systems of over twenty-five (25) tons. -7- Applicants for Class "B" licenses shall be examined on all matters, knowledge of which is required by the Board for Class "B" and Class "C" licenses. Applicants for Class "C" licenses shall be examined on all matters, knowledge of which is required by the Board for Class "C" license. The examination shall be given in the presence of at least two members of the Board, one of whom shall be a Council appointee. The Board shall grade all examinations and shall certify to the Chief Plumbing Inspector the name of each applicant passing the examination and the grade thereof. Section 9. Exemption from Examination. If any person or individual representing a partnership, firm or corporation shall within ninety days after the effective date of this ordinance make application for an air conditioning contractor's license, pay the prescribed license fee, present proof of the prescribed insurance coverage, and submit good and sufficient evidence that for a period of at least one year immediately preceding the effective date of this ordinance, such person was at all times engaged in the business of installing or altering air conditioning equipment or systems, the• Board shall grant such license without examination or examination fee. Section 10. License Fees; Duration. (a) The license fee for a Class "A" air conditioning contractor's license shall be Fifty Dollars ($50.00) for the first year or portion thereof, and the renewal fee shall be Twenty-Five Dollars ($25.00) for each year thereafter. The license fee for a Class "B" air condi- tioning contractor's license shall be Thirty-Five -8- Dollars ($35.00) for the first year or portion thereof, and the renewal fee shall be Seventeen Dollars and Fifty Cents ($17.50) for each year thereafter. The license fee for a Class "C" air conditioning contractor's license shall be Twenty Dollars ($20.00) for the first year or portion thereof, and the renewal fee shall be Ten Dollars ($10.00) for each year thereafter. (b) Licenses shall expire on December 31st following the date of issuance or renewal. Any license which has lapsed for as much as one month and less than two years may be renewed upon payment of the initial license fees. No license which has lapsed for as much as two years shall be renewed except upon re-examination, the payment of the initial license fee, and compliance with the same terms and conditions as provided herein in the case of original examination. section 11. Transfer of License; Authority of Firm, Partnership or Corporation to do Business . Licenses shall not be transferable, but the license of any member, officer, or supervisory employee of a partnership, firm, or corporation shall be sufficient to qualify the partnership, firm or corporation to engage in the business of air conditioning contracting of the type for which the license qualifies the holder, if the license holder is employed by or associated with that partnership, firm or corporation only; provided, that in any event, the license holder shall serve said partnership, firm or corporation in a permanent, full-time capacity. Should the holder of the license terminate his relationship with such partnership, firm or corporation, said partnership, firm or corporation. may -9- continue in the business of air conditioning contracting only on those permits obtained prior to the licensee's termination of services; provided, that such permits shall be valid for not more than ninety (90) days from the date on which the licensee terminated said relationship. Thereafter, in order .for a part- nership, firm or corporation to continue operating as an air conditioning contractor, another member, partner or supervisory employee of said partnership, firm or corporation must pass the examination upon the same basis as the original applicant or the firm must engage the full-time services of a valid license holder. Section 12. Suspension or Revocation of License. After hearing by the Board any license may be repealed, re- voked, or suspended, by the Board for any of the following reasons; A. Habitual drunkenness or the use of narcotics; B. Conviction of a crime involving moral turpitude; C. Adjudication of insanity; D. Fraud or misrepresentation in obtaining license or permit; E. Violation of any provision of this ordinance, the plumbing, electrical or building codes, or ordinances, or any other regulatory ordinances of the City appli- cable to the installation, alteration or repair of air conditioning equipment or systems; F. Conviction of defrauding any person for whom he has rendered or contracted to render service; and, G. Failure to obtain a permit, or transferral of a permit to an unauthorized person; provided, that written notice of the hearing, stating grounds of -10- the complaint, shall have been given the licensee by registered or certified mail, at least ten days before the hearing. Section 13 . Appeals from Action of the Board. Any person dissatisfied with a decision of the Board shall have the right to appeal. Such appeal shall be perfected by addressing a letter to the City Council within ten days after the action appealed from, stating his desire to appeal to the City Council. Upon receipt of notice of such appeal, the City Council shall set a time for hearing and the City Secretary shall notify the appellant and also the Chairman of the Board of the date of such hearing. Both the Board and the appellant shall have the right to be heard at such hearing. The City Council shall have the right to affirm, modify or reverse the action and/or decision complained of. The action of the City Council shall be final. The action of the Board shall be in all things effective unless and/or until reversed or modified by the City Council. Section 14. Insurance. No permit shall be issued to any person, firm, partnership or corporation for the installation, alteration or repair of any air conditioning equipment or system unless and until said person, firm, partnership or corporation carries liability in- surance as follows: (a) Personal liability insurance in the amount of not less than Fifty Thousand Dollars ($50,000.00) for any one accident, and Twenty-Five Thousand Dollars ($25,000.00) for any one person; and, (b) Property damage insurance in the amount of not less than one Hundred Thousand Dollars ($100,000.00) for any one accident. -11- Such insurance shall be issued by an insurance company authorized to do business in the State of Texas. Such policy shall include an endorsement thereon that the insurer will give written notice to the Board of any termination or cancellation of coverage at least thirty days in advance of the effective date of such cancellation or expiration. The filing with and approval by the Board of the insurance policy, a copy thereof, or a certificate of insurance shall con- stitute prima facie evidence of compliance with the insurance requirements provided herein. Termination or cancellation by either the insurer or the insured of the insurance required herein shall constitute an automatic suspension of all outstanding permits held by the per- son required to be insured until such time as said person shall furnish evidence of new insurance coverage in compliance with the terms of this section. Section 15 . Unlawful Acts. (a) It shall be unlawful for any person, partner- ship, firm or corporation to display a sign "Air Conditioning Contractor" or use any other advertising pertaining thereto, unless licensed or qualified to engage in air conditioning contracting as provided in Section 11 herein. (b) It shall be unlawful for an air conditioning contractor to lend his license, or to take a permit for air conditioning work in his name for the use of any other person, or to allow the use of his name directly, or indirectly, for the purpose of obtaining a permit. -12- (c) It shall be unlawful for any person to engage in the business of air conditioning contracting in the City without first obtaining a license as provided herein. Section 16. Identification. An air conditioning contractor shall identify all auto- mobiles or trucks used in installation or repair work with signs showing the name of the company and City license number painted on each side of such vehicle, in letters at least two inches high, and these signs shall be in full view and legible at all times. Section 17. Effect of ordinance. Nothing contained in this ordinance shall be construed in such a manner as to relieve any person from the duties imposed by the provisions of the plumbing, electrical or building codes or ordinances of the City, nor shall the issuance of an air conditioning license pursuant to the provisions of this ordi- nance be construed as permitting the licensee to perform plumbing, electrical or building work in conjunction with air conditioning installation, repair or alteration without first acquiring therefor such other licenses and permits as may be required by said plumbing, electrical or building codes or ordi- nances. Section 18. Validity. Should any section, clause or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this ordinance as a whole or any part thereof other than the part so declared to be invalid. -13- Section 19. Repeal of Prior Ordinances. This ordinance shall repeal every prior ordinance in con- flict herewith, but only insofar as the portion of such prior ordinance shall be in conflict, and as to all other sections of ordinances not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such ordinances or portions thereof as are expressly repealed hereby. Section 20. Penalty. Any person who violates, disobeys, omits, neglects or re- fuses to comply with any provision of this ordinance shall be guilty of a misdemeanor and shall be punished by a ,fine not to exceed Two Hundred Dollars ($200.00) . Section 2L. Effective Date. This ordinance shall become effective and be in full force and effect from and after its passage and publication as required by law. APPROVED AS TO FORM AND LEGALITY: V 2!/!� / City Attorney -14- Mr. Brownlm Mr. Morphis City of Dort Worth, Texas _ Mr. Thelin (5) Mr. Larson Mayor and Council Communication DATE REFERENCE SUBJECT: Air Conditioning Contractor PAGE 1-25-65 NUMBER G-754 Licensing Ordinance for _2 In response to a request of the Fort Worth Air Conditioning Contractor's Association for an ordinance providing for the establishment of an Air Con- ditioning Licensing Board and the licensing of air conditioning contractors in Fort Worth, the Building Commissioner and the Legal Department have prepared the attached draft ordinance for review and consideration by the City Council. The primary provisions of the draft ordinance are as follows: 1) A five member board consisting of the Chief Plumbing In- spector, the Building Commissioner, and three citizen members is established to administer the provisions of the ordinance. The three citizen members, composed of a mech- anical engineer, an( air conditioning contractor, and an air conditioning contractor principally engaged in mechanical contracting, are appointed by the City Council for two year terms and serve without compensation. 2) The duties of the board are to examine applicants for air conditioning contractor's licenses and to transact other business of the board. 3) Three classes of air conditioning contractors licenses are established. Class "A" licenses authorize the installation, alteration and repair of air conditioning appliances or systems of any size, Class "B" licenses limit the installation, alteration and repair to air conditioning appliances and systems with a capacity of not more than 25 tons, and Class T" licenses authorize the installation, alteration and repair of heating or ventilating systems only. 4) An examination fee of $20 is established., and annual license and renewal fees for each class of license are provided as indicated below: First Year Annual Class of License Annual Fee Renewal Fee Class A $50 $25 Class B 35 17.50 Class C 20 10 5) Persons engaged in only air conditioning maintenance and service operations are exempted from the provisions of the ordinance, and. persons holding a Master Plumber's License • are eligible for a Class T" license without payment of the examination or license fees. Upon making application and payment of the required license fee within 90 days after the DATE REFERENCE SUBJECT: Air Conditioning Contractor PAGE 1-25-65 NUMBEG-754 Licensing Ordinance 2 of 2 ordinance becomes effective, those individuals who have been engaged in the business of installing, altering and repairing air conditioning systems for the preceeding year are eligible to receive the class of license pertaining to their operations without examination. 6) The Air Conditioning Board, after notice and a hearing, may revoke or suspend licenses, subject to an appeal to the City Council who may modify, affirm, or reverse the action of the Board. 7) Personal liability insurance in the amount of not less than $50,000 for any one accident and $25,000 for any one person, and property damage insurance of- not less than $100,000 is required for a permit to be issued for the installation, alteration or repair of air conditioning appliances or systems. Copies of the draft ordinance were provided to the Supervising Board of Plumbers, and on October 20, 1964, the ordinance was discussed by that Board: Several changes in the ordinance were suggested by members of the Board and a number of these changes have been incorporated in the draft ordinance. The draft ordinance was again submitted to the Supervising Board of Plumbers on January 19, 1965, but the Board voted to delay consideration of the ordinance until its next regular meeting on February 9, 1965. Attached are letters from the presidents of the Associated Mechanical Contractors and the Associated Plumbing Contractors regarding the proposed ordinance. The Building Commissioner states that adoption of the ordinance would provide added protection to the general public. City Council consideration of the draft ordinance is requested. Attachment SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY ❑ APPROVED ❑ OTHER (DESCRIBE) CITY SECRETARY DATE iTYMANAGER