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Home My WebLink About2005-OR-72 DRAFT COPY ORDNANCE NO. 2005-OR-72 AN ORDINANCE AMENDING SECTION 150.076 OF THE JEFFERSONVILLE MUNICIPAL CODE BE IT ORDAINED BY THE COMMON COUNCIL OF JEFFERSONVILLE, INDIANA: WHEREAS, Section 150.076 of the Jeffersonville Mnnicipal Code provides for an examination and licensing requirement for Heating and Air-Conditioning Contractors; and WHEREAS, the examination and licensing procedure is administered by the Office of the Building Commissioner; and WHEREAS, Section 150.076 of the Jeffersonville Municipal Code is in need of some technical amendments to allow for greater efficiency and compliance within the examination and licensing procedure. NOW THEREFORE, IT IS HEREBY ORDAINED that Section t50.076 of the Jeffersonville Code is hereby amended to read as follows: Section 150.076 HEATING AND AIR-CONDITIONING LICENSES. (A) Heating and air-conditioning license required. All heating, ventilating, and air- conditioning systems, equipment, apparatus, or devices, and all installations, alterations, and improvements, in The City or within the City's jurisdiction shall conform to the Indiana Mechanical Code except one - and two-family dwellings, which are governed by the One and Two Family Dwelling code adopted in §150.004. The installations of all electrical equipment and wiring on connection with any heating, ventilating, or air- conditioning system, apparatus, or device, shall be in accordance with the requirements of the Indiana Electrical Code as already adopted· 03) Non-transferability and non-negotiability~ Any license issued under this subchapter may not be transferred, assigned, sold, or negotiated to another person. It is urdawfal to transfer, assign, sell, or loan such license for the use of any other person, firm, or corporation to enable such person, firm, or corporation to work on a job without obtaining the proper license or permit. (C) Issuance of permits. It is the responsibility of licensed heating and air- conditioning contractors to secure permits required by the provisions of this chapter prior to commencing work. All work performed pursuant to a permit issued · ' ' · '~ ~e to a licensed contractor ~s the sole responsihihty of that contractor acc, · ..... ~-..,;*~ *~- ...... :~:cr~ cf~2: c~a~ter. No licensed contractor may allow any other person to do or cause to be done any work under a permit secured by said contractor except persons in his employ. DRAFT COPY (~) Exemption. No license under hhis subchapter is.required for the. execution or performance of the following wor[~: (1) The maintenance and servicing of an existing HVAC system for the. purpose of maintaining it in a safe operating condition in conformance with thee provisions of this chapter. · ' 1 · · · .~-~ ~-~ ~* !cas+ lq EL~ gaehNew a -licant's shal applymwntmgto ............ J next :ek. eflm .......... ~ ...... for license prior to any permits being issued or the start of any work, The application shall include: (1) the applicant's name, address, telephone number, and age date of birth__; (2) the applicant's number of years of experience; (3) the applicant's present place of employment; (4) Payment of $75.00 fc.r ~: Asseggn'2r2 L~ti?at: Test annual license fee; (5) Test results fi:om.National Assessment Institute, Expm'ior or International Cod~ Council (ICC) for the Master Mechanical Examination, (6) Photo Identification (7) Proof of insurance outlined in (F) belov( (-6-) Tlc ap~!'[em~'s :mt~.-x.~t ~t kz/:ke has, zr has net, as ~e case ma3' be., ~ccn czn-Act:~ efa fe!cny ~.;5~.Ln ~.c past five yemm ~ Proof of LiabiliW im~ce wi~ ~e Ci~ of Jeffermnville nm~ ~ a Ceffificate Holder. Outl~ed ~ ~) Below DRAFT COPY RECIPROCAL LICENSE If an applicant is currently licensed as an active Heating and Air-Conditioning ~°ntractor in a city or town in Clark or Floyd County to include Clark and Floyd 'Counties which has a reciprocal agreement with The City of Jeffe~rsonville the required testing may be waived if the following conditions are met: 1 The iurisdicfion must have a Heating and Air-Conditioning Contractors Licensir~g () , , . law that requires an applicant to have passed a nationally recognized elecmcal examination or a proprietary examination ~ven by the iurisdiction.. (2) _Must presem proof of a current Masters He-atlng and Air-Conditioning Contractors License from the reciprocal agencY, · d from the urisdicfion stating the (3) A current letter must have been receive 1 Co,d~'actor h!.. ._applicant has been an active Master Heating and Air-Conditioning good standing for. the past five years. (F) Insurance requirements. DRAFT COPY If .......... ,-~. , ~.~. ,~ ~.^~,-~ ^~ fs!!c-:An~ thc ........ ......... he!der Heatin~ and Air Conditioning Contractor actively employed for (1) ~aen ~c .... . - - ~*: .....a- must, at the time hire m the City ...... ~ ................. application for renewal or licensing, provide the Building Commissioner with ~-,:~ .... -roof of liability insurance for each occurrence in the mount of $100,000/ $ 300,000 by an insurance company licensed to do business in the state. (2) The following exceptions to this requirement my be allowed. (a) If the license holder is currently employed by a finn that carries insurance on the individual, and he/she does not do work for hire in the City, he/she my retain his/her license by renewal, that license bearing an indication by the Office of the Building Commissioner that this individual · ' ' limits without proof of may not obtain permits for work within the mty insurance, except on the premises of the firm maintaining the insurance. (b) If the license holder is currently not actively engaged in his/her trade but wishes to retain his/her license by renewal, that license beating an indication by the Office of the Building Commissioner that · - ' ' limits without this individual may not obtain permits for work within the c~ty proof of insurance. (_Q) Examination. ?he ...... n .................... e - -_~ ,~; ..... -~-'-, meetings. The Master HVAC Exam by National Assessment Institute ~- Paul MN ro the Lntemational Code Council are thc ~e sonville roof 9f p~ing results are required to accompany the application. The exam will b~ given on the latest Indiana Mechanical Code adopted bY The State of Indiana_. DRAFT COPY License Renewal. (~) L ............... . : '~ ' ' 60a ..... ~,u.., (1) All liceme hold~ ~11 r~eive a nofi~ ~om the office of ~e B~ld~g Co~ssion~ up to six wee~ prior to ~e exp~tion of ~eir license. (2) License holders m~ renew ~ek li~nse on or before Feb~ 2 of each 7e~. Shoed a lice~e holder f~l to renew ~er license by ~at ~te, the lic~se holder ~11 inc~ a ~n~ of $30.00 so ~t ~e mnew~ fcc ~I1 be $100.00 per ~e~ (3) ~V lice~e renewed ~er ~e Feb~ 2 de~llne ~11 be made effective re, activelY to ~e previous Fe~ 2 mnew~ de,aline. A lice~e holder may renew hisser lie~se up to .*~ee six ~e~s following exp~tion so long as each of ~e expiration of the .... s~x ~e~ ~re~ous ~em ~new~ f~s ~e p~d prior to ~e ' ' *~ ' period. ~ lic~ee who f~!~ - - · ' e to r~ew ~s~er license ~ x~me six ve~s ~er ~ts exp~hon must sub~t to ~, t~s~g pr~d~e on*lined in Section G above, howev~, ~e~xnm~n~n~ ~:~ Bo~d of ~blic Works mag, for guod cause w~ve such (4) ~y work p~omed by a license holder who f~ls to renew ~er license in a ~el~ fashion ~11 be deemed in violation offs or~n~ce ~4 ~ne ~rfo~inq such work will become subiect to ~e pestles outlin~ ~ Section 150.999 offs Cod~. License fee. (1) The license fee is $70.00, payable on or before February 2 of the following year. This fee shall govern unless the license holder fails to obtain his or her license within 60-day period set forth in division (G) above. While any or all heating and air conditioning inspectors are employed by the city as a Code Enforcement Officer the annual fee of $70.00 shall be waived during their employment and a complementary license shall be issued as a benefit to maintain their license in a valid status. The Code Enforcement Officer is not to practice his respective trade during employment within the city. DRAFT COPY (J) Fines, Revocation or Suspension (1) Upon a complaint filed by the Building Commissioner or his/her duly authorized representative of a Heating and Ak-Conditioning Contractor for repeated violations of this ordinance or the Indiana Codes the contractor for the first citation, $50.00 for the shall be issued a fmc not to exceed $25.00 be $100.00 and second citation, the issuance of the third citation shall immediately sited to appear before the Board of Public Works and Safety. This citation shall state the nature of the complaint, date and time to the contractor is cited to appear. If in the opinion of the Board of Public Works and Safety the complaint is justified, it has the power to revoke or suspend the contractors license for a period not to exceed six months. (2) In addition to any penalty provided under this chapter, after a license has been revoked or suspended a new license shall not be issued to the applicant until all violations theretofore committed have been corrected, unless the applicant is prevented fxom correcting them by inability to secure the consent of the owner of the property or other causes beyond his control. (3) Automatic suspension. Failure on the part of any commercial contractor, residential contractor, electrical or heating, ventilation, and air condition!lng contractor to correct any defect, error, or deficiency in any work within 15 calendar days after notification thereof, or within such further reasonable time as may upon request be prescribed, shall automatically and without further notice, stop the issuance of permits to the licensee until the corrections bare been made, inspected and approved. The Building Commissioner shall be promptly notified upon the correction of any defect, errors or deficiency. DRAFT COPY This Ordinance shall be in full force and effect fr~ its passage and approval. ~ cf RObere~. w~z,?. Presiding Offic¥ ATTEST: Clerk. Treasurer Presented by me as Clerk-T~,a~er to ~he Mayor of said City of Jeffersonville this _~ *m_day of q{~:~Lt~:~h~ 2005 ~Pegg~ ~qtlder Clerk-Treasurer