(A) Adoption. There is hereby adopted by the city the Arkansas Mechanical Code being particularly the 2010 edition thereof, save and except such portions as amended in division (B) below. These rules and regulations are adopted in an attempt to ensure safe mechanical installations including alterations, repairs, replacements, equipment, appliances, fixtures, fittings and appurtenances thereto, so as to safeguard life, health and the public welfare. For the purpose of this section, the City Inspector, Code Enforcement Officer, their assistants, or any individual assigned by the Mayor, shall be the administrative authority authorized to enforce the provisions of this Code. All heat loss and gain design criteria shall comply with the Arkansas Energy Code. Three copies of this Code have been and are now on file in the Office of the City Clerk, and the same are adopted and incorporated, as amended, as if set out at length herein. The provisions of the aforementioned Code shall be controlling in the construction of all buildings and other structures within the corporate city limits, except as regulated by other city ordinances. Penalty, see § 150.99.
(B) Permit required.
(1) No installation, alteration, repair or removal shall be made in/or of the Heating, Ventilation, or Air Conditioning (HVAC) of any building or structure, nor alterations made thereto without a written permit therefor being first obtained from the city license issuing clerk by the person, firm, or corporation having direct charge of such installation.
(2) Any work started prior to securing the required permit will result in fine that is equivalent to double the normal permit fee.
(3) All permits will become invalid if work authorized has not commenced within six months of permit issuance date, or if the work authorized has been suspended or abandoned for a period of six months after work has commenced. Before work can resume a new permit must be obtained. The permit fee shall be ½ the amount of the original permit provided no changes have been made. A new, full permit fee shall be required in cases of change of contractors (sub-contractors are exempt). All permits are valid for a period of one year (365 days) after which a new permit is required.
(C) Bond and license.
(1) No person shall engage in any HVAC work (as defined by the Arkansas Mechanical Code) until such person shall have secured a license as hereinafter provided and shall have executed and delivered to the city a good and sufficient bond in the penal sum of $5,000, with corporate surety, conditioned for the faithful performance of all such work, to indemnify the city or any citizen for any damage caused by the failure of such person, firm, or corporation doing the HVAC work entered upon or contracted for, in strict accordance and compliance with the provisions of this section. Annual renewal of the bond is required.
(2) Upon approval of said bond, the person desiring to do such work shall secure from the City Clerk-Treasurer a non-transferable occupational license which shall run until the first day of January next succeeding its issuance, unless sooner revoked. The person obtaining a license shall pay an annual license fee to the City Clerk-Treasurer, provided, however, that any license obtained after the first day of July of any year shall be computed at the rate of ½ of the annual fee. Occupational licenses from other cities will be accepted with a reduced fee of $25.
(D) License to individual. A permit may be issued to a property owner to do work in his own home provided he has a current HVAC license with the state or can submit sufficient proof that he possesses the knowledge and experience to such a degree that he is capable of completing the HVAC his own home according to the Arkansas Mechanical and Fuel Gas Codes, and can show proof that he owns the home, is presently residing, or will reside in the structure after completion. Prior to the issuing of a permit the applicant must submit plans and specifications to the City Inspector for approval and complete an application.
(E) Inspections.
(1) Right of entry. City Inspectors are authorized to enter structures or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the officers may pursue such search authorizations as are provided by law.
(2) Inspections. City inspectors shall make all of the inspections required by this Code. All reports of such inspections shall be documented and be certified by the responsible officer. Code Enforcement Officers are authorized to rely upon a responsible expert opinion as the officer deems necessary to report upon unusual technical issues that arise.
(3) Required testing. Whenever there is insufficient evidence of compliance with the provisions of this Code, or evidence that a material or method does not conform to the requirements of this Code, or in order to substantiate claims for alternative materials or methods, the City Inspector shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction. Reports of tests shall be recorded and entered in the department files.
(4) Material and equipment reuse. Materials, equipment and devices shall not be reused unless a City Inspector finds that such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved.
(5) Phased inspections.
(a) Rough-in inspection.
(b) Final inspection.
(F) Standards. All HVAC, and all materials within the city shall conform to the rules and requirements of the current Arkansas Mechanical Code when work is performed or equipment and apparatus installed, however, the necessity, good service and said results often require more than the minimum which is specified in the Code. Therefore, the Inspector supervising the enforcement of this Code will have the responsibility and authority for making interpretations of the rules, for deciding upon the approval of equipment, materials, construction, and for granting the special permission contemplated in a number of the rules and the Inspector, where necessary, shall follow the Code procedure for securing official interpretations of the Code.
(G) Violations. No person, firm, corporation or agent, shall violate a provision of this section, or fail to comply therewith, or with any of the requirements of the code adopted hereby, nor shall any person erect, construct, alter, demolish or move any structure, in violation of the Code adopted by this section.
(H) Revocation. The City Inspector is authorized to, in writing, suspend or revoke a permit issued under the provision of this Code wherever the permit is issued in error, or the basis of incorrect information supplied, or whether it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any provision of this Code.
(Ord. 107, passed 6-12-78; Am. Ord. 255, passed 7-21-97; Am. Ord. 461, passed 1-21-14) Penalty, see § 150.99