(a) Permanent Board of HVAC Examiners. There is hereby created a Board of HVAC Examiners which shall be appointed by the Mayor. Such Board shall consist of five residents of the Court District of the City of Massillon, as follows:
(1) Four shall be either a HVAC contractor or a registered HVAC who is registered as such by the City.
(2) One shall be disinterested citizen.
(b) The Board members shall serve for a period of five years, except that those first appointed shall serve as follows: one to serve for five years; one to serve for four years; one to serve for three years; one to serve for two years; and one to serve for one year. Thereafter one shall be appointed each year so that the terms will be overlapping.
(c) Secretary of the Board of HVAC Examiners. The HVAC Inspector shall be an ex officio member of the Board of HVAC Examiners and shall serve as secretary of such Board. He shall attend all meetings of such Board and shall keep the minutes and records of these meetings as required, but he shall not have a vote in any matters considered by the Board.
(d) Organization of the Board of HVAC Examiners. The Board of HVAC Examiners shall meet, organize and select a chairman within thirty days after January 1 of each year. Thereafter, they shall meet at such intervals as may be necessary for the proper performance of their duties, or upon call of the secretary.
A majority of the members shall constitute a quorum for the transaction of business. A majority of all members is required to approve or disapprove the competency of an applicant.
(e) The Board of HVAC Examiners is authorized and it shall be the duty of the Board to examine all qualified applicants for HVAC contractor's registration upon matters relating to the knowledge, ability and qualifications of the applicant to engage in such work or trade in the City.
(f) The Board of HVAC Examiners shall approve the application for a Registration where the person signing the application satisfactorily passes the examination set forth in Section 1313.10 and the Building Official shall thereupon issue to such applicant a Registration to engage in the business of an HVAC contractor as the in the City, for the calendar year in which such application was made.
(g) The Board of HVAC Examiners shall hear complaints arising against any person, firm or corporation registered by the City in the HVAC business or trade, and shall have the power, after hearing, to suspend or revoke such registration for the following reasons:
(1) Violation of the provisions of this chapter or of the Building Code;
(2) Misrepresentation of the material facts in obtaining such Registration or renewal thereof;
(3) Failure to secure the permits, inspections and approvals required by this chapter or the Building Code;
(4) Use of such Registration to obtain a permit for another person, firm or corporation;
(5) For failure or refusal to correct promptly an installation or part thereof made in an incompetent or improper manner after notice thereof by the duly appointed Building Official.
The notice of the hearing before the Board of HVAC Examiners stating the grounds for the complaint must be given the registrant in writing by registered mail at least ten days before the date of the hearing.
(h) The Board of HVAC Examiners shall have the power to adopt the necessary rules and regulations for conducting matters and examination and shall have such additional powers as may be provided elsewhere in this chapter.
(i) The Board of HVAC Examiners shall have full and complete authority to determine whether any person, firm, corporation or other entity is functioning as an HVAC contractor within the corporate limits of the City. The Board on its own initiative, or through a complaint or other information filed with it by any person, may determine whether any person, firm, corporation or other entity is performing or functioning as an HVAC contractor within the corporate limits of the City and whether they are subject to the registration requirements of this chapter. In making such determinations, the Board shall function as an adjudicatory body and shall hold the necessary hearings in order to make appropriate determinations as required by this chapter. The Board, through the City of Massillon shall have the authority to subpoena and/or compel the attendance of witnesses at such hearings and shall adopt rules and regulations to ensure that the person, firm, corporation or other entity which is the subject of the hearing is appropriately notified of such hearing and the issue to be considered, is extended an opportunity to attend and participate in the hearing and is extended an opportunity to present to the Board any evidence, testimony, exhibits, or other arguments such person deems necessary. The Board shall issue its decision in writing on the question before it and such decision shall be appealable in accordance with applicable law. During the pendency of any proceedings before the Board under this chapter, the Board may seek appropriate injunctive relief to insure compliance with the provisions of this chapter or to maintain the status quo until such time as the Board issues its final decision on the matters before it. (Ord. 154-2010. Passed 12-20-10.)