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HomeMy WebLinkAboutOrdinance No. 4513 - Ordinance Chapt. 4-3 Regulating Heating, Venting and Air ORDINANCE NO___________ AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 4- 3-1, SUBSECTIONS (a), (b), AND (e) OF SECTION 4-3-5, SUBSECTIONS (a) AND (b) OF SECTION 4-3-9, AND AMENDING SECTIONS 4-3-6, 4-3-8, 4-3-10, 4-3-11, 4-3-13, 4-3- 14, 4-3-15, AND 4-3-17 OF CHAPTER 4-3 OF TITLE 4 OF THE ROCHESTER CODE OF ORDINANCES RELATING TO HEATING, VENTILATING AND AIR CONDITIONING CODE. THE COMMON COUNCIL OF THE CITY OF ROCHESTER ORDAINS: Section 1. Subsection (a) Section 4-3-1 of Chapter 4-3 of the Rochester Code is hereby amended to read as follows: Sec. 4-3-1. Heating, ventilating, and air conditioning licenses. (a) Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Board means the heating, ventilating, and air conditioning board of review as hereinafter constituted. Inspector means the heating, ventilating, and air conditioning inspector and/or the designated licensing agent of the city and their designees. authorized agents and assistants. Section 2. Subsection (a), (b), and (e) of Section 4-3-5 of Chapter 4-3 of the Rochester Code is hereby amended to read as follows: Sec. 4-3-5. Examination of applications. (a) When an application for a contractor's or master installer's license has been filed, the city clerk or designee shall forthwith transmit the same to the inspector. The inspector shall examine such application, and make such further investigation as deemed necessary. Upon determining the application successfully meets the requirements set forth in this code, the inspector shall issue the license. then recommend in writing to the council that the requested license be granted or denied. (b) No applicant shall be granted a master installer's license unless the applicant has, in current effect at the time the application is filed, a certificate of competency issued as provided in this chapter. by the board of review as hereinafter provided. (e) In the event the inspector recommends determines that a license be denied, the inspector shall state the reasons for such recommendation determination to both the applicant and the common council. The council may, on its own initiative, or at the request of the inspector, or at the request of an aggrieved applicant, refer the application of any person, firm, or corporation whom the inspector has recommended be denied a license, to the appropriate committee of the council for further investigation, including a hearing if desirable upon at least five days' notice to the applicant, and report. The council shall, on the request of an aggrieved applicant, refer the application to the appropriate committee of the council for further investigation, hearing upon at least five days' notice to the applicant, and report. Following such further investigation of the grounds for denial as the committee deems necessary, the committee shall make recommendation to the council and the council may then grant or affirm denial of said license, dismiss the proceedings, or make such other action as it deems appropriate. Section 3. Subsections (a) and (b) of Section 4-3-9 of Chapter 4-3 of the Rochester Code is hereby amended to read as follows: Sec. 4-3-9. Certificate of competency—Applications and fees. (a) Every applicant for a certificate of competency shall file an application on forms to be prescribed by the cityboard of review. An applicant may seek a certificate of competency in any of the following disciplines: (1) Warm air hearing and ventilation systems; (2) Hot water and low pressure steam heating systems; (3) Refrigeration and air cooling systems; (4) Gas piping; and (5) Factory-built fireplaces, stoves and chimneys. (b) Every application shall be accompanied by a non-refundable administrative fee of $25.00 for each discipline for which the applicant seeks a certificate of competency, with said fee established as part of the fee schedule adopted by the common council annually. The application fee shall not be refunded if the applicant fails to appear for the examination, fails to pass the examination, or for any other reason. Section 4. Section 4-3-6 of Chapter 4-3 of the Rochester Code is hereby amended to read as follows: Sec. 4-3-6. Issuance and expiration of licenses. All licenses granted by the citycouncil shall be issued and signed by the mayor and attested by the city clerk. All licenses shall expire on December 31 of the license year. 2 Section 5. Section 4-3-8 of Chapter 4-3 of the Rochester Code is hereby amended to read as follows: Sec. 4-3-8. Revocation, or suspension of licenses—Procedure. In revoking any license, the city council may act upon its own initiative or at the request of the inspector. In either event, the inspectorcouncil shall first determine that reasonable grounds exist to consider the revocation of the license of a particular licensee and shall then refer the matter to the appropriate committee of the council who and shall give the licensee notice in writing of the proposed revocation, enumerating the grounds therefor. The licensee shall be entitled to a hearing before the an appropriate committee of the council if a request is made by him the licensee within ten days after receipt of notice of the proposed revocation. Such hearing shall be held upon at least five days' written notice given to the licensee by such committee and, at such hearing, the licensee shall have the right to present evidence and testimony. Following such further investigation of the grounds for revocation as the committee deems necessary, the committee shall make such recommendation to the council as it deems proper and the council may then revoke or suspend said license, dismiss the proceedings, or make such other action as it deems appropriate. Section 6. Section 4-3-10 of Chapter 4-3 of the Rochester Code is hereby amended to read as follows: Sec. 4-3-10. Certificate of competency—Examinations. (a) Examinations for certificates of competency shall be given by the city board of review at regular intervals to be established by the city board and may be given specially at other times when the city board determines that circumstances warrant. (b) Examinations shall include a written test formulated to test objectively the knowledge, skill, and qualifications of the applicant in the classification of work for which the certificate of competency is sought. Examinations may include a supplementary oral examination and a practical demonstration formulated to further test objectively the knowledge, skill, and qualifications of the applicant. Section 7. Section 4-3-11 of Chapter 4-3 of the Rochester Code is hereby amended to read as follows: Sec. 4-3-11. Certificates of competency—Duration. (a) Once issued, a certificate of competency shall continue in full force and effect as long as the holder continues to be licensed by the city in the classification of work for which the certificate is issued. 3 (b) A certificate of competency shall further continue in full force and effect for a period of three years from the date the holder ceases to be licensed by the city and during this period, the holder may be granted a license by the citycouncil without re- examination or re-issuance of said the certificate. by the board of review. (c) After a certificate of competency has expired, the city, board of review upon proper application, may re-issue the certificate without examination if it determines that no circumstances exist which raise a doubt as to the knowledge, skill, or qualifications of the former holder. Section 8. Section 4-3-13 of Chapter 4-3 of the Rochester Code is hereby amended to read as follows: Sec. 4-3-13. Revocation of certificates of competency—Reasons for. A certificate of competency in any work classification may be revoked by the cityboard of review at any time for sufficient cause, which shall include, among other things: (1) Giving false information in connection with an application for a certificate. (2) Dishonesty in taking the examination. (3) Incompetency. (4) Willful violations of any of the provisions of this code. (5) Knowingly aiding or abetting one to do heating, ventilating, or air conditioning work who is not duly licensed. Section 9. Section 4-3-14 of Chapter 4-3 of the Rochester Code is hereby amended to read as follows: Sec. 4-3-14. Revocation of certificates of competency—Procedure. In revoking a certificate of competency, the cityboard may act upon its own initiative or at the request of the inspector. In either event, tThe inspectorboard shall first determine that reasonable grounds exist to consider revocation of the particular certificate of competency and shall give the certificate holder notice in writing of the proposed revocation, enumerating the grounds therefor. or any part thereof, and if such reasonable grounds are found, and the inspector shall then refer the matter to the appropriate committee, who shall then give to the person to whom the certificate of competency has been issued notice in writing of the proposed revocation, enumerating the grounds therefor. The holder of the certificate shall be entitled to a hearing before the an appropriate committee of the council board if a request is made by him the certificate holder within ten days after receipt of notice of the proposed revocation. Such hearing shall be held upon at least five days' written notice given to the holder of the certificate holder by such committeethe board and at such hearing, the holder shall have the right to present evidence and testimony. Following such further investigation of the grounds 4 for revocation as the committeeboard deems necessary, the committee shall make such recommendation to the council as it deems proper and the council may then revoke or suspend said certificate, dismiss the proceedings, or make such other action as it deems appropriate. the board shall then revoke or suspend the certificate of competency, or part thereof, dismiss the proceedings, or take such other action as it deems appropriate. Section 10. Section 4-3-15 of Chapter 4-3 of the Rochester Code is hereby amended to read as follows: Sec. 4-3-15. Effect on license. Whenever the certificate of competency, or any part thereof, of any licensed master installer has been revoked or suspended, by the heating, ventilating, and air conditioning board of review, to that extent, the license granted by the citycouncil to the licensee involved shall also be revoked or suspended; and if a contractor's license granted by the citycouncil is dependent upon having in the contractor's employ the master installer whose license has been revoked or suspended, then the contractor's license shall be suspended in the work classification involved until a properly licensed master installer is employed. Section 11. Section 4-3-17 of Chapter 4-3 of the Rochester Code is hereby amended to read as follows: 4-3-17. Issuance of permits. All permits required shall, upon proper application and payment of the required fee, be issued by the inspector to contractors duly licensed by the citycouncil. Permits issued may not be transferred. Section 12. This ordinance shall become effective from and after its publication. 5 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2024. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Ord20/Chapt.4-3.Amend.docx 6