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HomeMy WebLinkAboutORD 1993-013 �- .� ORDINANCE NO. 93-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF �� GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 7, BUILDINGS AND CONSTRUCTION BY ADOPTION OF AMENDMENTS TO ARTICLE VI, MECHANICAL CODE, SECTION 7-152; AND BY ADOPTION OF AMENDMENTS TO ARTICLE VIII, PLUMBING CODE, SECTION 7-172; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: , �.,� � Section 1 . That Chapter 7, Article VI. Mechanical Code, Section 7-152, - Registration and Licensing of Mechanical Contractors, is hereby amended to read as shown in the attached Exhibit "A". Section 2. The Chapter 7, Article VIII. Plumbing Code, Section 7-172, Registration and Licensing of Plumbing Contractors, is hereby amended to read as shown in the attached Exhibit "B". Section 3. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty or nolo contendere or dismissal. Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance or application thereto any person or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the '� validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such �, invalidity, which remaining portions shall remain in full force and effect. Section 5. The fact 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 the public creates an emergency which requires that this �,,,r ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of April , 1993. APPROVED: �. Willi m D. Tate Mayor ATTEST: � .. � � �,�, Linda' Huff , City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ,�....:�, � =��t;�';� TO ���= ?a;�e _,L_ Of �_ ��,._,,, Sec. 7-152. Registration and licensing of inechanical contractors. Add subsections (f}, (g), (h), and (i). �v� � Registration denial The re�,istration of a mechanical contractor may be denied � the building official or the registration may be revoked by the buildin bg, oard of a�eals if the re�istration is issued on the basis of incorrect information su�lied by the mechanical contractor. � Revocation, suspension, and notice. �1,� In the event of knowinglv committing outstandin�violations of city requirements, the building official mav revoke or sus�end a mechanical contractor's re�istration uu to one (1) vear. After the one (1Zyear revocation, the mechanical contractor ma,�!rea�plv for re�istration as a new mechanical contractor as set forth in subsections (cl and (d) of this section. �h Appeals procedures. � In the event that a mechanical contractor wishes to appeal the decision of the building official for revocation or sus�ension, the mechanical contractor shall file a written notice of a�eal in the office of the buildin� official within ten (101 days � � of receipt of the notice for revocation or suspension. �x� � A hearin�shall be held before the buildin.g, board of appeals after the mechanical contractor has been given notice of the hearin� by personal service or certified mail return recei�t requested at least ten (10) days prior to the hearin� date. � After the hearing the mechanical contractor shall be notified in writin o� f the determination of the building board of a�eals by personal service or certified mail, return receipt requested. ji� Fxem�tion for homeowner No such registration procedure shall be required for alteration or repair work to be performeti on a residential structure when the nerson performin� the alteration or repair work is the owner of the structure, has his legal residence there and is not assisted b�� any other person for remuneration The homeowner shall be automatically termed a re�istrant for the nurposes of such a project without re�istration. Notwithstandin� such relief from re�istration all re�uirements for permits for the work and all other applicable provisions of this mechanical code shall remain in force. �.,:.:. � EX,yi 31 T � TO 6-�E'r� 9-3-r3 . �d�� � of .�� �;,,..$ f'� Penaltx for violation o,�code. Any verson firm or corporation violatin�any of the terms and/or provisions of �n,� the mechanical code shall be �uiltv of a misdemeanor, and upon conviction thereof shall be fined as nrovided in section 1-6 of this code for each offense, and each day the violation continues shall constitute a new offense. ,� �, � �,..,. �XHl9lT� TO ��D '�/3/3 ?age _.L__ of �_ �,.,�, Sec. 7-172. Registration and licensing of plumbing contractors. Add subsections (fl, (g), (h), and (i). �� � Registration denial. The re�istration of a plumbing contractor may be denied by the building official or the re�istration may be revoked by the plumbing board of a�eals if the registration is issued on the basis of inconect informarion su�lied by the plumbin� contractor. � Revocation. suspension, and notice. � In the event of knowin�ly committin�outstanding violations of city requirements, the buildin� official may revoke or suspend a �lumbing contractor's registration u� to one 1) vear. After the one (1)year revocation, the plumbing� contractor may rea�plv for registration as a new plumbin� contractor as set forth in subsections (c) and (el of this section. �h �tieals�rocedures. ,� In the event that a plumbing contractor wishes to appeal the decision of the buildin� official for revocation or suspension, the plumbing contractor shall file ,�-� a written notice of ap�eal in the office of the buildin� official within ten (10) days of receipt of the notice for revocation or suspension. � � A hearing shall be held before the plumbing board of appeals after the plumbine contractor has been given notice of the hearin�by personal service or certified mail return recei�t rec�uested at least ten (10) days prior to the hearing d, ate. � After the hearing, the plumbing contractor shall be notified in writin og, f the determination of the plumbing board of appeals b�personal service or certified mail, return receipt requested. � Fxemption,f'or homeowner. No such registration �rocedure shall be rec�uired for alteration or repair work to be �erformed on a residential structure when the nerson�erformin�the alteration or re�air work is the owner of the structure, has his legal residence there, and is not assisted by any other person for remuneration. The homeowner shall be automaticallv termed a registrant for the nur�oses of such a pro�ect without registration. Notwithstanding such relief from re�istration all requirements for permits for the work and all other annlicable provisions of this plumbing code shall remain in force. �F:� � �XN13tT � TO D'e� y�-/`� �age = of -� -- ��:� Jj1 Penalt�for violation of code. Any nerson firm or cor�oration violating anv of the terms and/or provisions of ,� ., the�lumbing code shall be uilty of a misdemeanor, and upon conviction thereof shall be fined as provided in section 1-6 of this code for each offense, and each day the violation continues shall constitute a new offense. �� � �� �