(A) All persons designing, assembling, erecting, constructing, installing, altering, servicing, repairing or maintaining refrigeration, air conditioning, heating and/or ventilation systems must first register with the City Clerk. All registrants must be state licensed, if required, and pass the city’s licensing examination.
(B) The registration fee shall be $200 for the first year and $25 for each succeeding year.
(C) (1) It shall be unlawful for any person to install or make repairs on any air conditioning, refrigeration or heating system without registering and obtaining a permit and license in accord with the provisions of this chapter.
(2) It shall likewise be unlawful for any contractor to employ any person to do the work unless the employee is registered under the provisions of this code.
(D) Every person owning, leasing, operating or in possession of any building or structure within the city shall permit the Building Inspector to enter the building or structure as often as it shall be deemed necessary by the Inspector for the purpose of discharging his or her duties prescribed by this section, and it shall be unlawful for any owner, occupant or lessee of any premises to prevent or to refuse to permit the entry. The Inspector shall, upon request of the owner, occupant or lessee of the premises, exhibit authority to make the entry.
(E) It shall be unlawful for any person to interfere with the Building Inspector in the discharge of his or her duties.
(F) (1) No person, persons, firm or corporation shall install, alter or make major replacements, such as receivers, condensers, evaporators, coils, compressors, tubing, piping or any other pressure vessel and the like, as herein provided, until the person, persons, firm or corporation shall have obtained approval and a permit from the Building Inspector for work specifically intended on each individual system and/or application. In cases of emergency, the permit shall be obtained within 72 hours from the time of the start of the installation, alteration or major replacement.
(2) This section shall not, however, apply to installation, alteration, repair or maintenance work being done on or to existing equipment within confines of a plant or structure or other premises of private or corporate ownership where a full-time and duly licensed crew of refrigeration maintenance personnel is employed. This exception applies only to issuance of permits and/or inspections, where premises are inspected at reasonable intervals by other agencies whose primary interest is public safety, and shall not be construed to mean that any person, persons, firm or corporation shall be, for any reason whatsoever, relieved of the moral or legal responsibility for maintaining proper and safe standards in relation to any work due to or on any refrigerating and/or air-conditioning equipment.
(G) A permit shall not be required for installation, alteration or major replacement and use of self-contained unit systems containing not more than four pounds of group one refrigerants only in commercial occupancies. The unit systems comply with all other requirements of this code and the rules and regulations of the city.
(H) (1) All persons designing, assembling, erecting, constructing, installing, altering, servicing, repairing or maintaining refrigeration and/or air- conditioning and/or heating and/or ventilating systems must first register with the City Clerk. The City Clerk shall issue applications to persons desiring the registration. This application shall be presented to the Building Inspector, who shall review it in a manner as he or she deems expedient and indicate in writing the result of the review.
(2) Upon presentation of the approved application to the City Clerk, accompanied by the appropriate fee, and being satisfied that the chapter relating thereto are in all respects complied with, the City Clerk shall accept the registration, for one year or part thereof, expiring one year from renewal date. Each applicant shall furnish the city a certificate of insurance made to the city in the amount of $50,000, as a guarantee that all work performed and equipment installed shall be in accordance with the requirements of this chapter.
(3) The City Clerk shall not accept any registration until the certificate of insurance is made, the application is approved and the fee paid. The Building Inspector shall indicate on the application, and the registration shall so reflect, as to whether the applicant does qualify as a refrigeration, air- conditioning or heating contractor or any combination thereof.
(I) Any person or persons who fail to renew the registration required under this chapter by one month past the above-stated expiration date each year, shall be required to re-apply before a new registration shall be accepted for the person.
(J) The Building Inspector shall not approve any application for contractor’s registration until he or she is satisfied that the contractor has obtained public liability insurance that shall indemnify the city and public in the amount of $50,000.
(K) The Building Inspector may revoke or suspend the registration of any person, persons or corporation convicted of any violation of this chapter, or for any of the following reasons:
(1) Willful fraud or misrepresentation practiced in procuring or renewing any registration or licenses;
(2) Dishonesty;
(3) Gross incompetency;
(4) Conduct of a character likely to or intended to deceive or defraud the public;
(5) The loaning of any license, registration or permit to any person or persons for any reason whatsoever;
(6) The obtaining of a fee or compensation by fraud or misrepresentation;
(7) The willful advertising or publishing or otherwise making known of any grossly false, fraudulent or misleading statements of his or her business skill, knowledge or methods of operation;
(8) The constructing, designing, installing, altering, servicing, repairing or maintaining of any refrigerating or air-conditioning equipment in a manner as to be detrimental to the safety, health or general welfare of the general public;
(9) For any misconduct in the use of his or her registration or transaction thereunder; or
(10) For violation or disregard of any regulations set up by the city.
(L) If, in the performance of any work under this chapter, the contractor or mechanic shall find that, on account of some mechanical construction of the building, location of fixtures or for some other reason, it would be impossible to abide by the letter of this chapter, he or she may apply to the Building Inspector for a variance, stating his or her reasons for any changes and setting forth the conditions, with a statement of his or her desires to exceptions to the provisions of this chapter for the particular job. If the Inspector finds that the conditions warrant the same and that it would be impractical and unreasonable to require strict conformance, he or she shall have the authority to make special rulings, for the safeguarding of life and property and the improvement of the proposed work. In all such cases, persons engaged in work or installation and holding registration under this chapter shall be notified in writing of the decision.
(M) This chapter shall not be construed to relieve from, or lessen the liability of, any person, firm or corporation for damages to anyone injured by any defect or any negligent doing or installation authorized herein, nor shall the city or any agent thereof be held liable therefor by reason of any inspection herein authorized and made by reason of the authority or by reason of the certificate of inspection and approval issued by the Building Inspector.
(2002 Code, § 150.60) (Ord. 254, passed 12-15-1987) Penalty, see § 10.99