(a) No person, corporation, firm or other entity shall engage in the installation, repair, alteration or addition to any heating, ventilating and air conditioning/refrigeration system used or to be used in any building within the City without obtaining an appropriate registration as provided by this chapter. The holder of such registration shall be deemed the authorized representative of the person, firm, corporation or other entity in all matters pertaining to this chapter. Such HVAC /R contractor's registration shall not be transferable and the holder of an HVAC/R contractor's registration may not represent and may not apply for permits for more than one person, firm, corporation or other entity on any project. In addition to any other consequence of a civil, criminal or administrative nature, whoever violates this section shall be required to pay to the City an amount equal to three (3) times the amount required by the City for the applicable registration or license.
(b) The HVAC/R contractor's registration shall be issued only to an individual and such registration shall not be transferable. A holder of a registration may not represent and may not apply for permits for more than one person, partnership, corporation or unincorporated association. If the person to whom the license was issued ceases to be an employee or member of any person, corporation, firm or other entity engaged in the business of HVAC /R contracting, the person, corporation, firm or other entity, shall be allowed 120 days for the completion of unfinished contracts but shall not thereafter be permitted to engage in the business of HVAC/R contracting until a new registration is issued to another authorized representative. The penalty described in subsection (a) hereof shall apply to and be collected from persons, firms, corporations or other entities working in violation of this section regardless of whether they are a contractor or other status.
(c) The person, corporation, firm or other entity employing the holder of a HVAC/R contractor's registration, as well as the individual holding such registration, shall be jointly and severally liable for all violations under this chapter. It shall be unlawful for any person to undertake or to perform the work of a registered HVAC/R contractor, as defined by this chapter, or to represent or advertise himself or itself, either publicly or privately, as being ready, willing or able to contract or to undertake to perform such work within the corporate limits of the City without first having obtained an appropriate registration pursuant to this chapter.
(d) No holder of any HVAC/R contractor's registration, issued in accordance with this chapter shall allow his or her name to be used by any other person, firm, corporation or other entity for purposes of engaging in the installation, repair, alteration or addition to any heating, ventilating and air conditioning or refrigeration system within the City or for obtaining a permit to do the same. No HVAC/R contractor shall permit or allow any person to engage in the installation, alteration, repair or addition to any heating, ventilating and air conditioning/refrigeration system within the City under any permit granted to the HVAC/R contractor unless such person is in the direct employ of the HVAC/R contractor or unless such person is in the direct employ of another person, firm, entity or other corporation registered as an HVAC/R contractor by the City.
(e) No holder of any HVAC/R contractor's registration issued pursuant to this chapter shall utilize leased or rented employees, or engage independent contractors to engage in the installation, alteration, repair or addition to any heating, ventilating and air conditioning/refrigeration system within the City, unless such leased or rented employees, or unless such independent contractors are licensed and registered as journeyman electricians or electrical apprentices under this chapter. Provided further that the person, firm, corporation or other entity leasing or renting such employees or providing independent contractors to such HVAC/R contractor shall be jointly and severally liable with such registered HVAC/R contractor for all violations of this chapter and for any personal injuries or property damage for which the HVAC/R contractor is, or may become liable for, as a result of the work, activity or actions of such leased or rented employees, or independent contractors.
(Ord. 132-2012. Passed 8-27-12.)