(A) A person who both owns and possesses an improved or unimproved parcel of land may personally accomplish heating and cooling work for which a license is required by this subchapter without having such license relative to a one- or two-family residential structure on such parcel, if:
(1) The nonlicensed person obtains a building permit for heating and cooling work, if required.
(2) In the instance of heating and cooling work for which a building permit is required which poses a substantial potential health or safety hazard (as determined by the Mayor or by the Building Commissioner on behalf of the Mayor by making reference to standards issued by the Mayor) the nonlicensed person has secured, after furnishing full plars and information, the Mayor's written approval of the specified work.
(3) In the instance of heating and cooling work for which a building permit is required which, if done improperly is not a substantial potential health or safety hazard (as determined by the Mayor or by the Building Commissioner on behalf of the Mayor by making reference to standards issued by the Mayor) the nonlicensed person has secured, after furnishing full plans and information, the approval in writing of the specified work from the Building Commissioner or a representative which he designates.
(B) The determination by the Mayor or the Building Commissioner as to whether the nonlicensed person shall be allowed to accomplish heating and cooling work shall be made on the basis of whether the nonlicensed person possesses sufficient knowledge and technical skill to accomplish the work in accordance with the building standards and procedures. (Ord. 29-1977, passed 10-17-77) license renewal. The ten or more days shall run from the date such notice is mailed. In the instance where charges are made which have a similar factual basis and a business relationship exists (as, for example, charges against two licensed partners or charges against a licensed corporation and a licensed corporate officer), the Building Commissioner may hear evidence relative to two or more charges at the same hearing.
(B) The licensee may appear in person or by counsel, produce evidence (including testimonial and documentary evidence), make argument and cross-examine witnesses at such hearing. The Building Commissioner shall have the same right. The Building Commissioner may cause or allow any other relevant evidence to be introduced. On the basis of evidence presented at the hearing, the Building Commissioner shall make findings and enter an order in accordance with such findings, which shall not become effective until ten days after served upon the licensee in the manner required for notice of hearing.
(C) On or before ten days after service of the order, the licensee may appeal there from to the Mayor by serving a notice of appeal upon the Mayor either in person or by filing it at his office, with a copy thereof delivered to the Building Commissioner. Unless such appeal is so taken, the order of the Building Commissioner shall be final.
(D) If so appealed, the order of the Building Commissioner shall be stayed until the appeal is heard and determined by the Mayor or a representative designated in writing (but not an employee of the city) by the Mayor, under the procedure prescribed by statute for hearings on suspension or revocation of licenses. The Mayor or his representative shall thereupon render such decision as he finds justified and sustained by the evidence, either affirming, reversing, or modifying the terms of the order of the Building Commissioner. The order of the Mayor or his representative shall be final and conclusive upon both the licensee and the Building Commissioner.
(Ord. 29-1977, passed 10-17-77)