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HomeMy WebLinkAboutORD 1987-008 CITY OF GR.APEVINE, TEXAS ORDINANCE NO. 87-08 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AMENDING CHAPTER 7, ARTICLE VI RELATING TO THE GRAPEVINE MECHANICAL CODE BY ADOPTING AND AMENDING THE 1985 EDITION OF THE UNIFORM MECHANICAL CODE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND $ DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, � � TEXAS: Section 1. That Chapter 7, Article VI of the City Code of the City of Grapevine, Texas, relating to the Mechanical Code is hereby amended in the following particulars and all other existing sections, subsections, paragraphs, sentences, definitions, phrases and words of said City Code are not amended, but shall remain intaet and are hereby ra.tified, verified and affirmed: A. That Seetion 7-150 is hereby amended in its entirety read as follows: "There is hereby adopted by the City of Grapevine, Texas, for the purpose of providing minimum standards to safeguard life, limb, health, property and public welfare by regulating and eontrolling the design, construction, installation, quality of materials, loeation, operation and maintenance of heating, ventilating, comfort cooling, refrigeration systems, incinerators and other miscellaneous heat-producing appliances, the Uniform Mechanical Code, 1985 edition and all future editions with the exception of such sections thereoF as are hereinafter deleted, modified or amended and the same is hereby adopted and incorporated herein as if the same were a,.,, . copied in its entirety. This Article shall be known as the "Grapevine Meehanieal Code" and a copy of said Code shall be maintained in the office of the City Secretary." �,-.., B. That Section 7-151 is hereby amended in its entirety to read as follows: "The Mechanical Code adopted herein is amended as follows: Section 201(h). Liability, is amended to read as follows: "Any officer or employee, or member of the board of adjustment and appeals, charged with the enforeement of this code, aeting for the City of Grapevine in the discharge of his duties, sha11 not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may oeeur to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee, or member of the board of adjustment because of such act performed by him in the enforcement of any provision of this code sha11 defended by the city until the final termination of the proceedings." Seetion 203. Mechanical Code Board of Adjustment and Appeals, is amended to read as follows: �-h "(a) Appointment. There is hereby ereated a board to be known as the Meehanieal Code Board of Adjustment and Appeals. Such board shall consist of s� (6) members, five (5) of which shall be those members of the Building Code Board of Appeals, and one lieensed and registered mechanical contractor having at least five (5) years' experienee, skilled in planning and layout of the installation of air conditioning equipment. Board members shall have the authority to vary the application of any provision of this eode or to modify an order of the mechanical inspector. In exercising its power, the Boa�d shall specify in what manner such variation or modification is made, the conditions upon which is made and the reasons for the variation or modifieation. (b) Decisions. Every decision of the Mechanical Code Board of Adjustment and Appeals shall be final, subjeet however to sueh remedy as any aggrieved party might have at law or in equity. It shall be in writing and shall be promptly ` filed with the Department of Community Development, and sha.il be open for publie inspeetion; a copy shall be kept publiely posted in the Community Development Department � ti for two (2) weeks after filing. (c1 The board sha11, in every case, reach a deeision without unreasonable or unnecessary delay. (d) If a decision of the Meehanical Code Board of Adjustment and Appeals reverses or modifies a refusal, order or disallowance of the inspector, or varies the application of any provision of this codes, the inspector shall immediately take action in accordance with such decision." Section 205. Penalties, is added as a new section whieh shall read as follows: "Penalties. Seetion 2.05. Any person, firm or corporation violating this code shall be subjeet to punishment as provided in seetion 1-6 of the Code of Ordinanees." Table No. 3-A-Mechanical Permit Fees, Other Inspeetions ,,. , and Fees, is amended in its entirety to read as follows: "Other Inspections and Fees: ��.�� l. Inspection outside of normal business hours (miiiimum charge - two hours) $30.00/hour* 2. Reinspection fees assessed under provisions of Section 305(f) $25.00/hour* 3. Inspections for which no fee is specifically indicated (minimum eharge- one-half hour) $30.00/hour* 4. Additional plan review required by changes, additions or revisions to approved plans $30.00/hour* (minimum eharge- one-half hour) *Or the total hourly eost to the jurisdiction, whiehever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved." C. That Chapter 7, Artiele VI is hereby amended by amending Section 7-152 in its entirety and by the addition of the following new sections: 7-153, 7-154, 7-155, 7- 156 and 7-157, all which sha11 read as follows: �y� "Section 7-152. Registration and licensing of inechanical contractors. (a) SECURING PERMITS BY UNREGISTERED MECHANICAL CONTRACTORS UNLAWFUL. It shall be unlawful for any person, firm or corporation who is not registered by the city as a mechanical eontractor to seeure permits as provided herein. Each meehanical contra.ctor shall register with the city at the beginning of each year or prior to doing mechanieal work within the eity in any eurrent year. The mechanical contractor shall furnish the name or names of persons who are authorized to sign permit applications. 0204X -2- (b) CERTIFICATE OF OCCUPANCY. Eaeh applicant for registration as a meehanical eontractor shall have an established place of business or shop for which a certificate of occupancy has been seeured from the City of Grapevine if such business is loeated in the City of Gra.pevine. Sueh certificate of oceupancy shall be displayed in his place of business. � (e) REGISTRATION REQUIRED FOR MECHANICAL CONTBACTORS. To register with the City of Grapevine as a mechanical contraetor, applieation shall be made in writing on forms furnished for that purpose and filed with the the Department of Community Development. The application shall show the mechanical eontra,etor's name, local address and � ~ telephone number, and such other information as may reasonably ►�e required to properly identify the mechanical contractor. (d) FEES FOR REGISTRATION. Annual registra.tion fees shall be required for all meehanical contra.ctors. The annual registration fee shall be fifty dollars ($50.00) and shall be payable at the Department of Community Development. The fiscal year for the payment of registration begins on January lst and ends at midnight on Deeember 3lst of the same year. (e) REPRESENTATION AS A MECHANICAL CONTRACTOR WITHOUT REGISTRATION IS DECLARED UNLAWFUL. It shall be unlawful for any person, firm, or corporation to represent himself or themselves as a registered and licensed mechanical contractor, or to use falsely the words "mechanical contractor", or words of similar import or meaning, on signs, cards, stationery, or by any other misleading manner whatsoever within the city, unless said person, firm, or eorporation is, in fact, registered and holds a valid license within the meaning of the words used and as provided in this code. ,�.�-� Seetion 7-153. Supervision of work. The aetual work of installing, maintaining, altering, or `�� repairing of air conditioning equipment and mechanical systems for which a permit is required by this eode shall have supervision by a lieensed meehanieal eontraetor as provided by the Texas Mechanical Contractors Licensing Law and this code. The owner of a mechanieal contracting business who is not a licensed mechanical eontractor shall have constantly in his employ a lieensed meehanical eontraetor. Such mechanical contractor sha.11 be designated by the owner of such place of business to the mechanical inspector as the person responsible for, and supervising, the mechanical work done by such mechanical contractor. Such designated meehanical contractor shall be the supervisor of only one contra.cting business within the eity at any one time. Should such supervision not be eonstantly provided, the building official may order the work being done by such meehanical contraetor to be discontinued until proper supervision and control has been provided and the name of the new licensed contraetor disclosed to the building official. Section 7-154. Lieense-Required. (a) It shall be unlawful for any person who is not licensed � � as a meehanieal eontractor in aecordance with the provisions of the laws of the State of Texas to install mechanical work or supervise meehanieal work as defined herein. (b) Nothing herein shall be construed as prohibiting the employment of an assistant to engage in, and work at the actual installation, alteration, repairing, and renovating of air conditioning equipment, or the employment of an assistant who, as his principal oecupation, is engaged in the learning and assisting in the installation of air conditioning equipment or the employment of unskilled laborers to handle, haul or carry materials when working under the immediate supervision of a licensed meehanical contractor. 0204X -3- Section 7-155. Same Display. (a) Each holder of a license as a mechanical contractor shall display his license in a conspicuous place in his principal place of business. (b) Each holder of a mechanical contractor's license sha.11 carry evidence of proper registration on his person at all times while doing mechanica.l work and shall produce and exhibit same ��. when requested by any inspector or officer of the city. Section 7-156. Air conditioning equipment and mechanical systems installation or maintenance by homeowner. �� Nothing in this code shall prevent a homeowner from installing or maintaining a.ir conditioning equipment within the property boundaries of his homestead, providing that the owner fiie with the building inspection department adequate plans and specifications; satisfy the building official as to his ability to install air conditioning; provided such work is done by himself and used exclusively by him and his family. Such privilege does not eonvey the right to violate any of the provisions of this code, nor is it to be construed as exempting any such property owner from obtaining a permit, paying the required fees and obtaining all required inspections." Section 2. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or applieation thereof to any person or eireumstance, is held invatid or unconstitutional by a Court of competent jurisdiction, such holdings shall not affect the validity of the remaining portions of the ordinanee, and the City Couneil hereby declares it would have passed such remaining portions of the ordina.nce despite such invalidity, which remaining portions shall remain in full force and effeet. � Section 3. The faet that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of tt�e inhabitants of the City of Grapevine, � Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED on the 17thday of Februarv , 1987. Mayor, ity o Grapev�ne ATTEST: Cit Secretary, City of Gra.pevine, as ISEAL] �.� APPROVED AS TO FORM: ��,l.��I•�d� City Attorney, City of Grapevine, Texas 0204X -4-