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HomeMy WebLinkAboutOrdinance 6840 0 ORDINANCE NO, AN ORDINANCE AMENDING CHAPTERS 2 AND 3 OF ORDINANCE NO. 6408 OF THE CITY OF FORT WORTH, WHICH ORDINANCE ADOPTED VOLUME 11 OF THE 1970 UNIFORM BUILDING CODE, AS AMENDED, AND WHICH CODE AS SO AMENDED IS DESIG- NATED AS THE MECHANICAL CODE OF THE CITY OF FORT WORTH, TEXAS; PROVIDING A SEVERABILITY CLAUSE; MAK- ING THIS ORDINANCE CUMULATIVE; REPEAL'ING ALL ORDI- NANCES OR PROVISIONS OF THE MECHANICAL CODE IN CON- FLICT HEREWITH,. PROVID14NG A PENALT"Y,,- AND NAMING AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 207 of Chapter 2 of Ordinance No. 6408 is hereby amended so that same shall be and read as follows: Sec. 207. It shall be the duty of the Me- chanical Board to make an annual review of the Annual provisions of this ordinance and to recommend Code to the City Council any necessary changes and/or Review improvements as it deems necessary. SECTION 2, That Section 208 of Chapter 2 of Ordinance No. 6408 is hereby amended so that same shall be and read as follows: Sec. 208. Any person holding a valid Mechani- cal Contracting or Air Conditioning Contracting Temporary License issued by a political subdivision of the License State of Texas may be issued a nine (9) months' temporary license. SECTION 3. That Chapter 2 of Ordinance No. 6408 is hereby amended by adding thereto the following new sections: Sec. 209. Each person to be examined for a Mechanical and Air Conditioning License to be issued by the City of Fort Worth shall first Testing file a written application for such examination Procedure with the Building Inspection Division. The application shall include such information as is required hereby. Sec. 2100 The Mechanical Insper,w�tion Section shall give written examinations t­o those applicants who have satisfieJ the provisions of sec. 219 here- of. Each test shall be certified by the Mechanical Board. Applicant:-, passing the examination may work prior to final certification by the Board. Sec, 211. Each applir,-�ant for a mechanical License is required to pay an examination fee of Twenty Dollars ($20.00) to the City of Port worth at the time the application is filed. A Ten Dollar ($10.00) re-examination fee is required if re-exami- nation is taken within six (6) months of the first failure. Sec. 212. Exarninatioyas may be held in the City Hall or at such other place as may be designated by the Building Official and shall be held between the hours of 8:00 A.M. and 5:00 P.M. The time of the 14olding of such examinat.1on shall be set by the Building Official, and each applicant shall be notified of the time and location thereof. Sec. 213. To become eligible for a license, an applicant shall attain a grade of not less than 70 on a written examinat.ion upon matters relating to his knowledge, ability and qualifications to engage in the business of Me,:-hanical contracting as herein- a •ter set forth. Sec.. 214, T'he examination shall inquire into the applicant.'s knowledge of the Melchanical Code of the City of Fort Worth. Sec. 215. The Building DIspertion Division shall notify an applicant of his grade as sorin as practica- ble. Sec, 216. The City of Fort Worth shall grant a license to each applicant who has satisfactorily passed the written examinatic)n and pays the speci- fied license fee within thirty (30) days following the date of certification by the Mechanical Board. Sec. 217 In the e'�ient an applicanf.-I fails to pass the written examination, upon the filing of a new application, he shall be eligible for re-examina- tion wf..'t-,er the expiration of thirty (30) days from notification of such failure to pass. Thereafter, upon failure to pass any re-exalninat ion, said appli- cant shall. not be eligible for exam-ination for a period of two (2) months. _2 Sec. 218. Each person who desires to perform mechanical. and air conditioning contracting within the jurisdiction of the City of Fort Worth must first obtain a license from the City of Fort worth. Every person desiring to be .1icensed by the City Licensing to engage in the me_,hanic 1, contracting business in a capacity for lahidh a license is required by this Code ta"K.e an examination given by the Building lnspect�i,,-,+n Divisi,,',)n,, Secs 219. To be eligible a License, an ap licant M,(aA,,,,t_)pasP, tho, examination, be at, )east ",Le years of age, and have at least three (.:t) years' experience in heating, ventilating and exhaiast systems, comfort. cooling, refrigeration systems, incine�rat:crs o!r other miscellaneo's,Ls heat- producing appliances, and t,:he installation thereof. For the purpose of t.'Ms req,jlrement, as degree in Mechanical Engineering Erom an accredited college or university may be deemed the equivalent of three years' experience. Sec. 220. Application for, a license shall be made in the form prescribed by the Mechanical Board. Sec. 221. A pez,son engaged in mechanical and air conditioning c(mtracting and h<-)Iding a valid license issued by a politic,'-il sLibdivision �:sf the State of Texas other than the City of Fort Wbzth may be issued one temporary license during a calendar year for one permit installation tiich will be completed in not to exceed nine (9) montha.,,, during whicli time he shall be required to take an exaam-,nation. The license fee shall be in accordance wi4,h Sec. 224 hereof. Sec. 222. if an -,,applicarat is an officer, partner, associate or super tiiscar:y employee of a firm, partner- ship, association or corporation which intends to en- gage in mechanical contracting tindc:br the authority of the license applied for, the applicant shall also provide such information regarding the firm, partner- ship, association or corporation as the application form may require, Sec. 221. The license to engage in the business of mechanical, and air =aditioning ccntrac",Ang within the City of Foxt Worth shall. authc>rize the holder there- of to install or alter heating, ventilating and ex- haust systems, oomfc)�rt cooling, reftigeration systems, incinerators or other misceLLaneous heat-producing ap- pliances. Sec. 224, i,icensing fees shall be as follows: First year or portion thereof $75,00 Yearly renewal 35.00 Delinquency fee 25000 Sec. 225. Licenses shall expire on December 31st following the date, of issi.,'i,ance or renewal. License fees are dz!ie January 1 and shall. be re- newed annually on or before February 1 upon pay- ment of the required fee. Sec. 226. Any license which has lapsed not more than one (1) year maybe renewed upon payment of the delinquency fee, A license which has lapsed for more than one (1) year shall not be renewable and re-exami- nation shall be required. Sec, 227. Licensees shall not be simultaneously employed by, or work for, more than one business entity for the purpose of obtaining permits under this Code or for the purpose of doing or supervising work that can only be done by authority of a permit obtained under the provisions of this code. Sec. 228. Licen.ses shall not be assigned or transferred, but a. I.Lcense of any officer, partner, associate or supervisory employee of a firm, part- nership, association or corporation shall be suf- ficient to qualify such firm, partnership, associa- tion or corporation to engage in the business of mechanical contracting if a licensee is solely em- ployed by or associated with such firm, partnership, association or corporation in a permanent, full- time capacity. Irk the event. all holders of valid licenses terminate their relationship with such firm, partnership, association or corporation, said entity may continue in the b�isiness of mechanical and air conditioning contracting only on those per- mits obtained prior to such termination, provided, however, that such permits shall not be valid for more than ninety (90) days from the date of terming= tion, Thereafter, in order for a firm, partnership, association or corporation to cor,tinue operations as a mechanical. and air conditioning contractor, another officer, partner, associate or supervisory employee of said entity must either hold a valid license or pass the examination, or such entity must engage the full-time services of a valid license holder. -4- SECTION 4. That Sec. 307 of chapter 3 of ordinance No. 6408 is here- by amended so that hereafter the same shall. be and read as follows: Sec. 307.. (a) If, after a permit is issued to a named licensee Linder the provisions hereof, said licensee abandons the job, becomes incapacitated or his services are terminated prior to final in- Revocation spection and approval thereof by the Building Of- of ficial, the permit holder or the person engaging License the services of the licensee shall immediately or notify the Building Official in writing. Upon Permit such notification, the Building official shall im- mediately have an inspection made of the work completed to that time, and he may revoke the out- standing permit and require that a new permit be obtained before the work is allowed to resume. (b) A license or permit may be suspended, repealed or revoked by the Building Official by reason of the occurrence of one or more of the following: (1) Adjudication of insanit,�y,- (2) Fraud or misrepresentation in obtain- ing a license or permit; (3) Violation of any provision of this ordinance, the Plumbing, Electrical or Building Codes or any other regu- latory ordinances of the city appli- cable to the installation or altera- tion of appliances, equipment or sys- tems as set forth in Ordinance No. 6408, as amended, (4) Conviction of defrauding any person for whom he has rendered or contracted to render service; (5) Failure to obtain a permit or the at- tempted, assignment of a permits (6) The voluntary or involuntary filing of bankruptcy proceedings by or against the firm, partnership, association or corpora- tion; and -5- (7) The sending of six notifications within a six month period that the licensee is in violation of ordinance No. 6408, as amended, SECTION 5, That Chapter 3 of Ordinance No. 6408 be and the same is hereby amended by adding thereto a new section desig- nated as Secs 308, which section shall be and read as follows: Sec. 3080 (a) Upon suspension or revocation of said Mechanical and Air conditioning contracting Suspension License, same shall be null and void and no work of thereafter may be performed thereunder. License (b) Upon appeal to the Mechanical Board, said Board may affirm, revise or modify such suspension or revocation. SECTION 6. 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 hereof shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, para- graphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorpora- tion herein of any such unconstitutional phrase, clause, sen- tence, paragraph or section. SECTION 7. That this ordinance shall repeal every prior ordinance in conflict herewith, but only insofar as the portion of such prior, ordinance shall be in conflict, and as to all other pro- -6- visions of existing ordinances regulating heating, comfort cooling, refrigeration, ventilating and exhaust systems in conflict herewith, this ordinance shall be cumulative. SECTION B. Any person violating any of the provisions of this ordi- nance shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued or permitted, and each violation shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00) . All litigation and existing violations, both civil and criminal, whether pending in court or not, under existing or- dinances shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. This ordinance shall be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney -7- City of Fort Worth,, Texas Mayor and Council Communication UNS DATE RIEFERER CE SUSACT: Proposed Amend m ent to PAGE 55/21/73 G-2193 Mechanical Code I of 2 On December 21, 1970 (M&,C G-1676), Ordinance No. 6408 was adopted establish- WAOW ing, the Mechanical Code of the City of Fort Worth. This Code made no changes in the licensing procedure as set t out in the Air Conditioning Licensing Ordinance No. 5325 adopted in 1966. The 1966 ordinance provides for three classes of licenses, with separate examinations for each as follows: 'Class A - Firms ,handling installation of any size equipment; Class B Firms dealing in installation and, repair of small equipment; and Class C Firms handling installation and repair of heat- ing and ventilating equipment only. The proposed amendment provides for one license rather than three for the fol- lowing reasons:, 1) ,The Mechanical Code now requires a license for the repair and mainte- nance of mechanical equipment. There is no basis or performance requirement for this license, since the ordinance does not require a Oemi, t for repair and maintenance work. Z) 'There is no difference in the examinations given for the various ,944ases of licenses established under the old ordinance. Compre- 'hensIve knowledge of the .code is necessary to pelform any type of work, regardless of the size of the equipment, 3) There is no need to deal with the Class C license—heating and venti- lation equipment only--because it is covered under the Plumbing Code and Plumbing License. The licensing fee for the first year or portion, thereof ,has been changed from $50 to $75 to cover increased handling costs. The $50 fee was established in the mid-1950's. A renewal fee of $35 and a delinquent fee of ,$25 is proposed. PROPOSED AMENDMENT lt is proposed that the Mechanical Code, Ordinance No. 6408, be amended to specify licensing requirements including the following: 1)1 Any Peron ,,desiring to perform mechanical and air conditioning con- tracting In Fort Worth must obtain a Mechanical and Air Conditioning License. 2) Tobe eligible for the license, the applicant must pass An examination, be' at least twenty-one years of age, and have three years' experience in mechanical work or a degree in Mechanical Engineering from an accredited school. 3) Examinations will be administered by the City staff and certified by the Mechanical Board. 4) The examination shall be based on the ,City's Mechanical Code. DATE REFERENCE SUWECT: PAGE NUMBER Proposed Amendment to 5/21/73 G-2193 Mechanical Code of -.I- 5) Licenses must be renewed annually by payment of a fns. 6) Licenses may not be transferred or assigned. 7) J,,icenses may be' rev,oked for cause by the Building official. Revoca- tions may be appealed to the Mechanical Board. MECHANICAL BOARD REVIEW The Nechanical Board of Appeals has reviewed the proposed amendment and recom- mends its adoption. Recommendation It' is recomm ended`, that an ordinance be adopted amending the Mechanical Code of the City of Fort Worth as described above. RNL:dmc SUBMITTED BY: DISPOSITION BY COUNCIL: OZED BY V-0 APPROVED (DESCRIBE) V"TYISECRETARY DATE CITY MANAGER