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05/08/2007 Ordinances 9117ORDINANCE NO. 9117 An ordinance to revise Chapter 18 of the Grand Island City Code to adopt the 2006 Uniform Mechanical Code and revise regulations for gas fitters to mechanical fitters; and to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance, said effective date is May 29, 2007. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Chapter 18 of the Grand Island City Code shall be modified to read as follows: CHAPTER 18 MECHANICAL I! Article I. Natural Gas §18-1. Rates (A) Schedule of Maximum Rates. The rates charged by Northwestern Public Service, a division of Northwestern Corporation, a Delaware corporation, doing business in the state of Nebraska as a Domesticated Corporation, for natural gas supplied to customers in the City of Grand Island, Nebraska, unless otherwise approved by the Mayor and City Council, shall not exceed the following, effective August 1, 2001: Customer Charge Per Month Residential Service Rate No. 91 .......................... $ 5.00 per Meter General Service Rate No. 92 ............................ $ 6.00 per Meter Commercial & Industrial Rate No. 94 ..................... $ 80.00 per Meter Usa eg Charge -Rate No. 91 First 30 Therms per month Over 30 Therms per month Usa eg Charge -Rate No. 92 First 400 Therms per month Next 1,600 Therms per month Over 2,000 Therms per month Usa eg Charge -Rate No. 94 All Therms per month Demand Charge -Rate No. 94 Standard Service (all Therms) Extended Service Non-Gas $0.26356 $0.09513 $0.12101 $0.05343 $0.03243 Gas $0.70271 per Therm $0.70271 per Therm $0.70271 per Therm $0.70271 per Therm $0.70271 per Therm $0.04530 $0.47232 per Therm $0.21910 $1.20470 per Therm Approved as to Form May 7, 2007 ^ City Attorney ORDINANCE NO. 9117 First 500 Therms/day $0.24590 $0.33330 per Therm Over 500 Therms/day $0.00000 $0.33330 per Therm Minimum Monthly Charge: Shall equal the customer charge for Rate Nos. 91 and 92. Shall equal the amount of therms of demand billed and the customer charge for Rate No. 94. Stand-b~Capacity Charge: For Rate Nos. 91 and 92 customers that use natural gas as a back-up to an alternative fueled heating system, North Western shall charge, in addition to the charges stated above, the following stand-by fee during the months of December through March: Rate No. 91 - $12.00 per Meter Rate No. 92 - $37.00 per Meter Bills will be rendered at monthly intervals. (B) Gas Cost Adjustment. The foregoing rates for gas supplied in the period covered by any bill shall be increased or decreased from the foregoing schedule of rates as follows: (1) If at any time or from time to time, the rate authorized to be charged Northwestern for any natural gas purchased by it on a firm supply basis for resale in Nebraska shall be increased or decreased (whether or not charged under bond) resulting in an average cost per therm to Northwestern in excess of or less than the average cost per therm prior to application of such increase or decrease, the charge per therm, including the amount that is included in the minimum bill, for gas supplied in each subsequent billing period (beginning not earlier than the effective date of such increase or decrease) may be increased or shall be decreased accordingly. In addition, gas cost variances resulting from the purchase of non-traditional supplies will be added or deducted from charges set forth in filed rates included herein. (2) For the purposes hereof, the amount of any refund, including interest thereon, if any, received by Northwestern from its supplier of charges paid and applicable to natural gas purchased on a firm basis in Nebraska shall be refunded to the customer as a reduction in billings over the succeeding twelve month period or other period determined appropriate. (3) Variances in actual gas cost incurred and gas cost recovered through unit sales rates will be measured monthly. Gas supply related costs collected from NorthWestern's Agency Sales Service will be credited to actual gas cost incurred. Resulting under or over cost recoveries will be spread to gas cost component of rates over the succeeding twelve month period following the filing of any gas cost adjustment. All accrued over or under variances shall be assessed a carrying charge which shall be the overall rate of return allowed by the Rate Area in NorthWestern's last general rate filing. (4) Any increase or decrease in rates because of gas cost adjustment hereinbefore provided for shall become effective immediately upon the filing with the City Clerk of the City of Grand Island of amended rates reflecting such increase or decrease. §18-2. Basis of Measurement The rates prescribed by this chapter shall be understood to apply to and be based upon natural gas of the British Thermal Unit heating value of not less than nine hundred British Thermal Units per cubic foot of gas calculated according to standard measurements and in the event that the average total heating value of said gas in any billing period shall fall below said minimum, then the gas to be billed during such billing period shall be decreased proportionately to the deficiency in such heating value. §18-3. Violations of Article It shall be unlawful for any person operating a system of natural gas and distributing through the streets and public places and selling natural gas in the City, or for any agent or employee of any such person, to sell or attempt to sell or to collect for or to charge for, any such gas supplied or furnished to any customer, user, or purchaser thereof in the City at any rate or price in excess of the rate or price fixed by this article, and any person violating any of the provisions of this article shall be deemed guilty of an infraction. Amended by Ordinance No. 9049, effective 6/28/2006 2 ORDINANCE NO. 9117 §18-4. Filing Fee; Amount The City shall charge and collect a filing fee from natural gas companies for a rate filing. The fee shall be in accordance with the City of Grand Island Fee Schedule. §18-5. Uniform Mechanical Code Adopted The Uniform Mechanical Code, 2006 Edition, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted, together with Appendices as set forth hereafter, and any amendments thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by ordinance and set forth in this chapter of the Grand Island City Code. One copy of the Uniform Mechanical Code, 2006 Edition, and all supplements or amendments thereto shall be filed in the office of the city clerk as provided by law. The following appendices shall be adopted along with the Uniform Mechanical Code adopted by this section: 1. Appendix A- Uniform Mechanical Code Standard 6-2 Standard for Metal Ducts. §18-6. UMC -Certain Sections not Adopted It is especially provided that the following chapters, sections, and tables of the Uniform Mechanical Code are not adopted or approved, and the same shall be of no force and effect: 1. Tablel-1 Mechanical Permit Fees 2. Chapter 11-Refrigeration. 3. Chapter 14- Process Piping. 4. Chapter 16- Stationary Fuel Cell Power Plants. 5. Appendix B- Procedures to be followed to place gas equipment in operation. 6. Appendix C -Installation and Testing of oil (liquid) fuel-fired equipment. 7. Appendix D- Unit Conversion Tables. §18-7. UMC -Public Copy Not less than one copy of the Uniform Mechanical Code adopted pursuant to 18-5 shall be kept on file by the city clerk for inspection by and use of the public. §18-8. UMC -Amendment of Section 101.1 Section 101.1 of the Uniform Mechanical Code is hereby amended to read as follows: 101.1. Title. This document shall be known as the "Uniform Mechanical Code" together with Appendices and any amendments thereto, and shall be cited as such, and will be referred to when used herein or in Chapterl8 of the Grand Island City Code as "this Code". §18-9. UMC -Amendment of Subsection 112.1 Subsection 1 12.1 of the Uniform Mechanical Code is hereby amended to include the following: 112.1. Permits Required. It shall be unlawful for any person, firm or corporation to make any installation, alteration or repair any mechanical system regulated by this Code except as permitted in Subsections 112.2 of this section, or cause the same to be done without first obtaining a permit to do such work from the Grand Island Building Department. (A) A permit is required for the installation or replacement of all fuel burning heating equipment, and water heaters together with all chimneys, vents and their connectors. (B) A permit is required for the installation, repair, or alteration of all fuel gas piping in or in connection with any building or structure or within the property lines of any premises, other than service pipe. A permit is required for the installation or replacement of all warm-air furnaces and heating systems including all chimneys, vents, and their connectors. (C) No Commercial Hoods and Kitchen Ventilation equipment shall be installed without a permit. (D) A separate permit shall be obtained for each building or structure. No person shall allow any other person to do or cause to be done any work under a permit secured by a permittee except persons in his or her employ. (E) A permit is required for the repair, replacement, or installation of a gas piping. 3 ORDINANCE NO. 9117 (F) No permit shall be issued to any person to do or cause to be done any work regulated by this Code, except to a person holding a valid unexpired and unrevoked mechanical license as required by this chapter, except when and as otherwise hereinafter provided in this section. (G) Any permit by this code may be issued to do any work regulated by this code in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings in the event that such person is the bona fide owner of any such dwelling and accessory buildings and quarters, and that the same are currently occupied by said owner, provided, that said owner shall personally purchase all material and shall personally perform all labor in connection therein. This, however, shall exclude all gas piping and venting of fuel combustion appliances. §18-10. UMC -Amendment of Subsection 115.2 Subsection 115.2 of the Uniform Mechanical Code is hereby amended to read as follows: 115.2 Permit Fees. The fee for each permit identified in this chapter shall be set forth in accordance with the City of Grand Island Fee Schedule. §18-11. UMC -Amendment of Subsection 1316.4 Subsection 1316.4 of the Uniform Mechanical Code is hereby amended to read as follows: The size of the house supply piping, beginning at the gas meter and continuing to the first supply piping outlet shall not be less than one (1)_inch. Article II. Gas Appliances and Gas Piping Division 1. Generally §18-12. Definitions For the purpose of this article the following definitions shall be used and the terms herein set forth shall be construed to have the meaning set forth in this section: Mechanical Appliance installation is the act of installing fixtures, equipment, appliances or apparatus, using natural or artificial gas between the outlet of the meter set assembly or outlet of the service regulator, when a meter is not provided, and the inlet connection of fixtures, equipment, appliances or apparatus. Appliance installation shall include the venting of such fixtures, equipment, appliances or apparatus where required. Gas company shall mean the franchised distributor of gas in the City, pursuant to a franchise ordinance granted to such distributor or its successors or assigns and approved by the mayor and city council. HVAC is Heating, Ventilation, Air Conditioning Mechanical work is the act of heating, ventilating, air-conditioning, gas piping, miscellaneous heat producing, and energy-utilizing equipment, but also to include regulating and controlling the design, construction installation, quality of material, location, operation and maintenance or use of heating, ventilating, cooling, incinerators, air condition systems and other miscellaneous heat producing appliances within this jurisdiction. Journeyman mechanical fitter is any person qualified under the ordinances of the City of Grand Island to become a Journeyman mechanical Fitter upon obtaining the required license. Journeyman plumber is any person qualified under the ordinances of the City of Grand Island to do plumbing work. Master mechanical fitter is any entity qualified under the ordinances of the City of Grand Island to become a master gas fitting contractor upon obtaining the required license and bond. Mechanical contractor is any entity engaged in the business of gas fitting and appliance installation in connection with any building or structure or to serve any building or structure with natural or artificial gas. Master plumber is any person qualified under the ordinances of the City of Grand Island to do plumbing contracting work upon obtaining the required license and bond. Workmanship shall mean executed in a skilled manner; e.g. generally plumb, level, square, in line, undamaged, and without marring adjacent work. Cutting, notching and boring of floor joists and studs shall comply and adopted herein. Amended by Ordinance No. ,effective OS-15-2007 §18-13. Interfering with Safety Equipment Any owner of a gas installation which has been provided with automatic safety equipment, any employee 4 ORDINANCE NO. 9117 or agent of such owner or any other person who shall block open by manual means or by any other manner whatsoever interfere with or defeat the purpose of such devices to function automatically in the interest of safety shall be guilty of an infraction within the terms of this article, and subject to its penalties, as in the base of a violation of any other of its terms or provisions. §18-14. Unlawful Connection of Gas Line Ix shall be unlawful for any person except employees or agents of the gas company to open or make any connection to or do work on any gas main or gas service pipe of the gas company on the upstream side of the gas meter without written authorization of the gas company. §18-15. Prohibiting Use for Electrical Connection The gas piping shall not be used for an electrical ground or grounding electrode, nor shall electric circuits utilize gas piping, casing on controls, panels or other metal parts of the gas piping or appliance installations in lieu of wiring. This provision shall not apply to low voltage control and ignition circuits and to electronic flame detection device circuits incorporated as a part of the gas appliance or equipment. §18-~A 16. Pilot Burners; Safety Shutoff Devices (A) All residential and commercial heating equipment with inputs less than 400,000 BTUH shall be equipped with a pilot burner and safety shutoff device. In the event of ignition device failure or pilot outage, complete shutoff of the gas to both the main burner and pilot burner shall take place. The combined time required for the safety shutoff device and the automatic valve to shutoff the gas supply shall not exceed 3 minutes. On heating equipment approved only for outdoor installation, the safety shutoff device need not cause shutoff of the pilot gas. (B) All heating equipment with rated inputs between 400,000 and 6,000,000 BTUH must have approved electronic type safety shutoff devices. The response time of the primary safety control to de-energize or activate the gas shutoff device shall not be more than four seconds. The pilot flame-establishing period for expanding, intermittent and interrupted pilots shall not be more than 15 seconds. Gas to such pilots shall be automatically shut off if the pilot fails to ignite. Inputs 2,000,000 BTUH or above shall be equipped with both a solenoid valve and a motorized valve. Amended by Ordinance No. ,effective OS-15-2007 Article III. Mechanical Fitters, Contractors, Installers Division 1 Examining Board §18-17. Examining Board; Membership There is hereby created an examining board for mechanical fitters which shall consist of seven members appointed annually by the Mayor and approved by a majority of the city council. The seven members shall consist of the following: (1) The Chief Building Official, or his/her designee (2) One member from the local gas company (3) One contracting master mechanical fitter (4) One member from the community (5) Three members which shall be either master mechanical fitters or journeyman mechanical fitters Four members shall constitute a quorum. Duties of the board shall be to establish standards and procedures for the qualifications, examination, and licensing of master and journeymen mechanical fitters and shall issue the appropriate license to each person who meets the qualifications thereof and successfully passes the examination given by the Examining Board. The duly appointed Examining Board shall act as a Board of Appeals for any appeal arising from actions of the Chief Building Official or his authorized representative as it relates to issues in this chapter of the city code. Amended by Ordinance No. 9034, effective 03-22-2006 Amended by Ordinance No ,effective OS-IS-2007 5 ORDINANCE NO. 9117 §18-18 Meetings; Chairman The Board shall hold its first meeting upon call by the chief building official, and within thirty days following the appointment of its members. The members shall select a chairman from their own number, but not the chief building official. Such chairman shall hold office until the December 31 following, or until his or her successor has been selected. The Board shall meet upon call by the chief building official at such intervals as may be necessary for the proper performance of its duties, but in any case not less than twice a year. §18-19 Duties; Examinations; Licenses The Board shall establish standards and procedures for the qualification, examination and licensing of master mechanical fitter and journeyman mechanical fitter, and shall issue an appropriate license to each person who meets the qualifications therefore and successfully passes the examination given by the Board. §18-20 Board of Appeals The duly appointed Board shall act as a Board of Appeals in making a correct determination of any appeal arising from actions of the chief building official or his authorized representative. §18-21 Quorum for Board Four (4) members of the Board of Appeals shall constitute a quorum. §18-22 Records The Board of Appeals shall keep an accurate record of all their official transactions and shall submit a copy to the office of the city clerk. §18-23 Procedures Appeals shall be made within thirty (30) calendar days from date of the chief building official's decision. Decisions of the Board shall be made within thirty (30) days of receipt of appeal. Decisions of the Board shall be in writing. A copy of the Board's decision shall be delivered to the appellant within 30 calendar days after receipt of original appeal. §18-24 Filing Fee Any person who is aggrieved by any decision of the chief building official or his authorized representative relating to the suitability of alternate materials or type of installation or interpretation of any provision of this Code may obtain review of such decision upon filing a written request for review by the Board in the office of the chief building official or his authorized representative within thirty (30) days from the date of such decision and payment of a filing fee as provided below: (1) A $50.00 fee for review of a decision of the chief building official or his authorized representative interpreting any provision or provisions of this Code. (2) A $50.00 fee for review of a decision of the chief building official or his authorized representative concerning the suitability of an alternate material or type of installation. Enforcement of any decision, notice or order of the chief building official or his authorized representative issued under this Code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. §18-25 General Rules (1) All mechanical apprentices actively engaged under a master mechanical fitter will be required to register with the City Building Department. Experience accrued towards taking the journeyman mechanical test will only be accepted as a registered apprentice. Time accrued previous to registration will be noted. (2) Time required for an apprentice to be actively engaged in the trade under the supervision of a master, journeyman, or qualified shop will be a minimum of two years. Proof of qualifications will be submitted to the Board in writing for consideration and approval for the journeyman examination. Any academical time to be considered by the Board in place of actual apprenticeship time in the trade must be from a State accredited college or Technical school. (3) Applicants must hold a journeyman license for a minimum of two years before taking the Master exam, and be actively engaged in the trade for the full two years. 6 ORDINANCE NO. 9117 (4) The minimum age limit for a Journeyman examination will be Twenty (20) years of age unless approved by the Board. (5) The allotted time for the Master and Journeyman examination will be four hours (two hours open book and two hours closed book). (6) Request for Master and Journeyman examination will be filed in the City of Grand Island Building Department Office prior to the examination date for the consideration of the Board. Examination fee will be paid with the application. No exam fee will be refunded after taking the examination. (7) All applicants will submit, along with their request for examination, letters of proof of the required apprenticeship time actively engaged in the trade. (8) In the event that an applicant fails to pass the examination given, he may make application for a subsequent exam after eighty-five (85) days have passed. (9) At the discretion of the Board, experience gained at a industrial plant or outside the tri-city jurisdiction may be considered as apprenticeship time to qualify for a Journeyman examination. Information considered by the Board shall include written proof of previous experience record and oral examination. (] 0) All examination papers are the property of the examining Board. Applicants will not be permitted to remain during grading or to review examination papers after they have been submitted for grading. Test results will be sent by mail. (11) Applicant must obtain a passing score on each part of the exam (written as well as drawing). (12) An applicant with a passing score will have a 30 day grace period to pick up a new license dated from the test date. (13) An applicant must supply his own copy of this Code; the Grand Island Building Department will not supply copies to anyone during the test. Photocopies, reference books, or any other reference materials will not be allowed in the testing area during the test. Division 2. Mechanical Inspector §18-26. Office Created; Authority; Assistants There is hereby created and established the office of the mechanical inspector, who shall be the chief building official, and who shall have supervision of all gas piping, gas appliance installations and mechanical work in the city and the two mile area adjacent thereto. The mechanical inspector shall have such assistance as may be necessary. Assistants shall be hired only after being examined and recommended by the chief building official. Any such assistant shall have the same power as the mechanical inspector. §18-27. Duties It shall be the duty of the mechanical inspector to issue permits and inspect all mechanical work and gas distribution from the outlet side of the meter and all gas installations, but to exclude gas mains, within the City and the two mile area adjacent thereto and to investigate all reported cases of the use of imperfect materials or workmanship on any job of mechanical work or the violation of any of the provisions of this article by a plumber, mechanical fitter or builder. §18-28. Inspections It shall be the duty of the mechanical inspector to make inspections of any mechanical work, gas piping, appliance installation or connections at the request of the installer, department head, owner, agent, tenant, or occupant of any building or the premises where such gas piping or mechanical work is located in order to ascertain whether or not the mechanical work, gas piping or appliances in such building or premises are in a safe condition. The inspector shall have the authority to enter any building or upon any premises at all reasonable hours to ascertain if the provisions of this article, or any ordinances relating to mechanical work, gas piping or appliance installations have been or are being violated or being complied with, and should the inspector, upon making such an inspection as requested by the installer, owner, agent, tenant, or department head, find an unsafe or unsatisfactory installation, the inspector shall have the authority to request the gas company to shut off the appliance or service at the meter (depending upon the seriousness of the conditions as determined by the inspector), tag same, and shall notify the installer immediately if the job is a new installation, or the owner, agent, tenant, or one in charge of the property to cause the same to be remedied within a specified time, not exceeding ten days if the same is not a new installation. Should the installer, owner, agent, tenant, or one in charge of the premises fail to make such corrections, changes or 7 ORDINANCE NO. 9117 repairs, or fail to notify the inspector to make a reinspection within the specified time after receiving such notification to comply therewith, said owner, agent, tenant, installer or person in charge, shall be considered maintaining an unsafe mechanical installation and violating the requirements hereof, and the inspector shall make a reinspection of the premises and report the findings to the chief building official, who shall in turn cause action to be taken in the proper court to secure compliance, and the penalties as set forth in this chapter shall apply. It shall be the duty and the responsibility of the installer or one making such correction, changes or repairs to notify the inspector within forty-eight hours after completion of such correction, changes or repairs, and request for reinspection. §18-29. Inspection Prior to Covering Installation Before any part of any installation is covered from sight, a notification shall be given the mechanical inspector who shall, within forty-eight hours, inspect such part of the installation. §18-30. Reserved §18-31. Procedure for Reinspection If, by reason of noncompliance with the provisions of this article or through the use of defective material or inferior workmanship, the approval of the mechanical inspector is not given and subsequent inspections become necessary, the installer shall notify the mechanical inspector when such work shall be ready for such subsequent inspection, which shall be made in the same manner as is hereinbefore provided. The fees for reinspection shall be provided in the fee schedule. §18-32. Inspector May Require Testing When permits have been issued for additional fixtures or piping or alterations to any existing system, the mechanical inspector may, if in his or her discretion it is deemed necessary, require the installer to make a complete test of the whole system as is required for new systems. §18-33. Authority to Condemn; Penalty Authority is hereby granted to the mechanical inspector to condemn any- existing gas or mechanical installations which, in his discretion, is hazardous or dangerous to human life. It shall be the duty of the property owner to immediately eliminate the hazardous conditions by removal or repair of these conditions. Failure to do so will be a violation of the provisions of this article. §18-34. Reserved Deleted by Ordinance No. ,effective OS-15-2007 Division 3. Registration of Contractors §18-36. Registration Required No person shall engage in the mechanical fitting business in the City until registered in the office of the chief building official as a mechanical contractor. §18-37. Registration; Individual No person shall be registered as a mechanical contractor unless he is licensed as a master mechanical fitter under the provisions of this section and has in force and effect one or more insurance policies as required by other sections of the city code. §18-38 Registration; Firm, Corporation No firm, association or corporation shall be registered as a mechanical contractor unless the proper officers of the concern shall certify to the chief building official that an identified master mechanical fitter, licensed under the provisions of this section, is an officer, member or regular employee of such concern, and that such master mechanical fitter will be in direct supervision of all of the mechanical work contracted and done by such concern, ORDINANCE NO. 9117 and unless such concern has in force and effect one or more insurance policies as required by other sections of the city code. §18-39. Registration; Fee The fees to be collected by the chief building official for the registration of a mechanical contractor shall be in accordance with the City of Grand Island Fee Schedule. §18-40. Registration; Certificate : The chief building official shall issue a certificate of registration to any mechanical contractor applying for such and qualifying under the provisions of this section, for a period beginning on the date thereof and expiring on December 31 of the same year. The holder of the certificate shall display same at the regular place of business of the holder. Renewal of a registration certificate may be obtained upon showing of qualifications as provided for in this section and payment of the proper fee. §18-41. Certificate; Revocation The Board may revoke any certificate of registration of any mechanical contractor after hearing by the Board for any of the following reasons: (1) Lack of competency or lack of knowledge in matters relevant to the certificate of registration; (2) Certificate of registration being obtained by fraud; (3) The lending of any certificate of registration or the obtaining of permits there under for any other person; (4) Failure to comply with this Code and any rules issued by the chief building official or Board; (5) Abandonment of any contract or undertaking without good cause or fraudulent departure from plans or specifications; (6) Failure to obtain or cause to be obtained permits when the same are required by this code. The chief building official shall serve notice of such action by registered mail to the holder of the certificate. §18-42. Mechanical Contractors Every mechanical contractor shall be required at all times to have a licensed journeyman mechanical fitter in charge of all work as a condition for the issuance and maintenance of such license. §18-43.Insurance (1) Every licensee shall maintain in full force and effect insurance policies written by a company or companies authorized to do business in Nebraska, with the following coverages and amounts. (a) Comprehensive General Liability Insurance covering the operations of the licensee, including completed operations, with limits of not less than $1,000,000 per occurrence for bodily injury and property damage. (b) A provision making the City of Grand Island an additional insured for any third party claims for bodily injury or property damage based upon occurrences in connection with the licensee's business operations, including completed operations, within the City's zoning jurisdiction. (2) The licensee shall furnish the City of Grand Island with a certificate or certificates of insurance for the above insurance coverage which shall contain a statement that said policies contain a provision that said policies may not be canceled without written notice of such cancellation having been served on the Ciry at least thirty (30) days prior to the date of cancellation. §18-44. Use of Licensee's Name by Another No person or concern who has obtained a mechanical contractor registration pursuant to this chapter shall allow his or her name to be used by another person or concern, either for the purpose of obtaining permits, or for doing business or work under such registration or license. Every person licensed pursuant to this section shall notify the Board of any change of street address. Division 4. Master & Journeyman Mechanical Fitters §18-45. Examinations; Fee; Exemptions Any person desiring to be licensed as a master mechanical fitter or as a journeyman mechanical fitter pursuant to this chapter shall make written application for an examination to the Board. Examination fees shall be in accordance with the City of Grand Island Fee Schedule. 9 ORDINANCE NO. 9117 Examination fees shall accompany such application. Examination fees are not returned but shall be forfeited in the event the applicant fails the examination. §18-46. Eligibility Requirements All mechanical fitter apprentices engaged under a master mechanical fitter will be required to register with the City Building Department. Experience accrued towards taking the test journeyman mechanical fitters test will only be accepted as a registered apprentice. Time accrued previous to registration requirement will be approved and noted. An applicant for examination must have worked under supervision of a licensed master mechanical fitter, for a period of two years before being eligible to take a journeyman mechanical fitter's examination. No person shall be eligible to take a master mechanical fitter's examination until two years after registration as a journeyman mechanical fitter. §18-47. Re-Examination Any person desiring to become a master mechanical fitter or a journeyman mechanical fitter who fails to pass an examination pursuant to this chapter as prescribed by the Board may make written application for a subsequent examination 85 days after taking the examination. §18-48. Licenses; Term; Renewal; Fees (1) All licenses issued by the Board pursuant to this article shall expire on December 31 of the year in which issued, but may be renewed within thirty days thereafter upon application and payment of fees in accordance with the City of Grand Island Fee Schedule. Any license holder who does not renew his license within this thirty- . day grace period shall automatically forfeit such license. In the event of forfeiture of a license in this manner, the holder may apply for and qualify to recover the lapsed license by passing an examination as required under the provisions of this code. (2) The annual fee for master and journeyman mechanical fitters shall be in accordance with the City of Grand Island Fee Schedule. (3) After January 1, 2008 journeyman and master gasfitter licenses will not be issued. Journeyman and master licenses will be issued as journeyman mechanical fitter and master mechanical fitter. (4) Any person holding a valid master or journeyman plumbing license, will be eligible to obtain an equivalent mechanical license from April 1, 2007 to January 31,2008. Any person after January 31, 2008 applying for application to test for journeyman or master mechanical license will be required to have appropriate time, experience or qualifications for the level of license applying for. §18-49. License; Revocation The city council by a majority vote shall have the power to revoke the license of any journeyman mechanical fitter or master mechanical fitter upon the recommendation of the Board, if the license was obtained through error or fraud, or if the recipient thereof is shown to be grossly incompetent, or has a second time willfully violated any of the provisions of this article or any other provisions of City of Grand Island Code related to gas piping, Heating, Venting, Air Conditioning systems (HVAC) or mechanical work. This penalty shall be cumulative and in addition to the penalties prescribed for the violation of the provisions of this article. Before a license may be revoked, the licensee shall have notice in writing, enumerating the charges alleged, and shall be entitled to a hearing before the city council not sooner than five days from receipt of the notice. The licensee shall be given an opportunity to present testimony, oral or written, and shall have the right of cross- examination. All testimony before the city council shall be given under oath. The city council shall have power to administer oaths, issue subpoenas, and compel the attendance of witnesses. The decision of the city council shall be based upon the evidence produced at the hearing, and such decision shall be final. A person whose license has been revoked shall not be permitted to reapply for another such license within one year from the date of such revocation. §18-50. Temporary Journeyman Mechanical Fitter License The chief building official may issue a temporary journeyman mechanical fitters license pending examination; provided that the applicant therefore holds a similar license from an equivalent board. Such permit shall be valid until the next examination by the Board. §18-51. Use of Licensee's Name by Another No person or concern who has obtained a mechanical fitter's license pursuant to this article, shall allow his 10 ORDINANCE NO. 9117 or her name to be used by another person or concern, either for the purpose of obtaining permits, or for doing business or work under such registration or license. Every person licensed pursuant to this section shall notify the Board of any change of street address. §18-52. Renewal of License ' Any person licensed under the provisions of this article as a master mechanical fitter or a journeyman, who does not renew his license for a period of thirty days after the expiration of same, shall pay the examination fee required by this article, and shall submit himself to an examination by the Board for mechanical fitters before such person can be again licensed hereunder. Division 5. General §18-53. Application Application for registration shall be made in writing to the building department which shall show the name, residence and business location of the applicant and such other information as maybe required. Amended by Ordinance No. 9049, effective 06-28-2006 Amended by Ordinance No. ,effective OS-15-2007 §18-54. Fees Fees in accordance with the City of Grand Island Fee Schedule shall be charged for registration and examination as follows: New mechanical contractor's license fee issued between January 1 and June 30 New mechanical contractor's license fee issued between July 1 and December 31 Renewal of mechanical contractor's license Master mechanical fitter's license registration card Journeyman mechanical fitter's registration card Master mechanical fitter's examination Journeyman mechanical fitter's examination §18-55. Examination; Prerequisites; Exemptions (A) Before the applicant shall be registered as a master mechanical fitter, contractor or journeyman, as the case may be, he or she shall submit to an examination to determine fitness and competency to engage in the business, trade, or calling of gas fitting, mechanical work or appliance installation work, as the case may be, which examination shall be given by the examining board for mechanical fitters as hereinbefore set forth, such applicant after having by such examination been shown to be fit, competent and qualified to engage in the business, trade, or calling of a master or journeyman mechanical fitter, as the case may be, shall be registered by the chief building official, who shall deliver to such applicant a certificate of registration, signed by the chief building official. (B) An applicant failing to pass an examination shall not be eligible for re-examination until eighty five days shall have elapsed after the previous examination. Each applicant shall pay an examination fee for each re- examination required. (C) Any applicant validly registered or licensed as a master mechanical fitter, contractor or journeyman, or equivalent capacity by the city of Hastings or the city of Kearney, shall be exempt from taking the foregoing examination, and provided the applicant is otherwise qualified pursuant to this code, shall be issued an equivalent license upon application and payment of fees. §18-56. Eligibility Requirements All mechanical fitter apprentices engaged under a master mechanical fitter will be required to register with the City Building Department. Experience accrued towards taking the test journeyman mechanical fitters test will only be accepted as a registered apprentice. Time accrued previous to registration requirement will be approved and noted. An applicant for examination must have worked under supervision of a licensed master mechanical fitter, for a period of two years before being eligible to take a journeyman mechanical fitter's examination. No person shall be eligible to take a master mechanical fitter's examination until two years after registration as a journeyman mechanical fitter. 11 ORDINANCE NO. 9117 §18-57. Insurance (A) Every mechanical contractor shall maintain in full force and effect insurance policies written by a company or companies authorized to do business in Nebraska, with the following coverages and amounts. (1) Comprehensive General Liability Insurance covering the operations of the licensee, including coverage for completed operations, with limits of not less than $1,000,000 per occurrence for bodily injury and property damage. (2) A provision making the City of Grand Island an additional insured for any third party claims for bodily injury or property damage based upon occurrences in connection with the licensee's business operations, including completed operations, within the City's zoning jurisdiction. (B) Said contractors shall furnish the City Building Department a certificate or certificates of insurance for the above insurance coverage which shall contain a statement that said policies contain a provision that said policies may not be canceled without written notice of such cancellation having been served on the City at least thirty (30) days prior to the date of cancellation. §18-58. Expiration of Insurance Any registration certificate issued to a mechanical contractor under the provisions of this chapter shall be revoked by the mayor and city council should the holder of such registration certificate permit the insurance policy herein required to expire or lapse. Any corporation, firm, or partnership which may be registered hereunder as a mechanical contractor in the name of such corporation, firm, or partnership, shall have a master mechanical fitter who has submitted to the examination given by the examining board for mechanical fitters and has thereby shown himself or herself fit, competent and qualified to engage in the business, trade, or calling of mechanical work, HVAC installation and gas piping as a bona fide officer of such corporation or as a member of such firm or partnership and who shall at all times be in actual charge of and be responsible for the installation, removal, or repair of any mechanical work or HVAC installation or gas piping work done by such corporation, firm or partnership. Before such corporation, firm, or partnership shall be registered in its corporate, firm, or partnership name as a mechanical contractor, there shall be filed with the chief building official a certificate from the examining board of mechanical fitters showing the fitness and competency of such officer of such corporation or such member of such firm or partnership to engage in the business or calling of master mechanical fitter; provided, if, after a certificate of registration is issued such corporation, such member of such firm or partnership shall withdraw there from and cease to be connected therewith, then and in that event, the mayor and city council shall forthwith revoke the certificate of registration of such corporation, firm, or partnership upon the request of the chief building official. §18-59. Reserved §18-60. Mechanical Contractors Every mechanical contractor shall be required at all times to have a licensed journeyman mechanical fitter in charge of all work as a condition for the issuance and maintenance of such license. §18-61. Corporations; Registration; Revocation Any corporation, firm, or partnership which may be registered hereunder as a mechanical contractor in the name of such corporation, firm or partnership shall have a master mechanical fitter who has submitted to the examination given by the examining board for mechanical fitters and installers and has thereby shown himself or herself fit, competent and qualified to engage in the business, trade, or calling of mechanical work, HVAC installation and gas piping as a bona fide officer of such corporation or as a member of such firm or partnership and who shall at all times be in actual charge of and be responsible for the mechanical work, HVAC installation, removal or repair of any gas fitting work done by such corporation, firm, or partnership. Before such corporation, firm or partnership shall be registered in its corporate, firm, or partnership name as a mechanical contractor, there shall be filed with the chief building official a certificate from the examining board of mechanical fitters showing the fitness and competency of such officer of such corporation or such member of such firm or parnlership to engage in the business or calling of mechanical contractor; provided, if, after a certificate of registration is issued such 12 ORDINANCE NO. 9117 corporation, such member of such firm or partnership shall withdraw there from and cease to be connected therewith, then and in that event the city council shall forthwith revoke the certificate of registration of such corporation, firm or partnership upon the request of the chief building official. §18-62. Violations of This Article It shall be unlawful for any person to engage in the business of contracting mechanical work, HVAC installation and gas piping of any nature without first being registered as a mechanical contractor qualified under the provisions of this division; further, mechanical contracting shall be bonded and duly authorized as provided for in this division. Journeyman mechanical fitters shall work under the supervision of a master mechanical fitter and are prohibited from engaging in the business of mechanical contractor within the scope of this article. §i8-63 Expiration of Registration Such registration shall expire on December 31 following the date thereof and shall not be assignable. If registration and license fees are not paid within thirty days, the license shall automatically be revoked. Amended by Ordinance No. ,effective OS-15-2007 §18-64. Revocation; Re-Registration The mayor and council by a majority vote shall have the power to revoke any mechanical contractor or master mechanical fitter's certificate or registration upon the recommendation of the chief building official and examining board for mechanical fitters if the same was obtained through error or fraud or if the recipient thereof is shown to be grossly incompetent or has willfully violated any of the provisions of this article or the mechanical code of the City a second time. This penalty shall be cumulative and in addition to the penalties prescribed for the violation of the provisions of this article. If a certificate of registration be revoked, the holder of the same shall not apply for registration until one year from the date of such revocation. Amended by Ordinance No. ,effective OS-15-2007 §18-65. Renewal Certificates of registration at the time of their expiration may be renewed upon recommendation of the chief building official for mechanical fitters without an examination upon payment of the required registration and license fees. Any person licensed under the provisions of this division as a master or journeyman mechanical fitter who does not renew his or her license within a period of one month after the expiration of the same shall pay the examination fees required by this division, and submit to an examination by the examining board before such person can be licensed hereunder. Amended by Ordinance No. ,effective OS-15-2007 §18-66. Persons Not Required to Register Any person engaged in wholesale or retail sales of plumbing or gas connecting materials or supplies but not engaged in the installation, alteration, repair or removal of gas piping or appliances shall not be required to registered hereunder. Amended by Ordinance No. ,effective OS-O15-2007 §18-67. Unlawful Use of Registered Name No registered mechanical fitter shall allow his or her name to be used by another person directly or indirectly either to obtain a permit for the installation of any mechanical and HVAC, or to do any gas fitting work or any appliance installing work, and if any registered mechanical fitter violates this provision, the mayor and city council shall forthwith revoke the certificate of registration issued to such mechanical fitter, and in addition to having such certificate of registration revoked, such mechanical fitter may be prosecuted under § 18-72 for such violation. Amended by Ordinance No. ,effective OS-15-2007 13 ORDINANCE NO. 9117 §18-68. Unregistered Mechanical Fitter It shall be unlawful for any person to cause or permit any job of mechanical or HVAC, gas piping or making any gas connection incident to any property owned, managed, or controlled by such person unless the fitter performing such work has been registered as required by this division and has received a permit from the chief building official for such particular work; and any such person causing or permitting any such work to be done in violation of the provisions hereof shall be guilty of a violation of this division and subject to the penalties hereinafter provided for such violation. Division -6. Permit to Perform Mechanical Work §18-69. Required; To Whom Issued; Term Before any new gas fitting mechanical work or HVAC installation is started or any repairs are made to existing gas fitting, mechanical, HVAC installation inside any building or structure, except the stoppage of leaks or minor repairs or adjustments, a permit shall be obtained from the chief building official and the required fee paid to the city building department. No permits shall be issued to anyone except a licensed master mechanical contractor or authorized journeyman mechanical fitter. All gas fitting mechanical work or HVAC installation work shall be inspected by the mechanical inspector. All gas fitting mechanical work or HVAC installation permits shall expire and become invalid sixty days after the date of their issuance. Amended by Ordinance No. ,effective OS-15-2007 §18-70. Fees Upon the granting of a permit for gas fitting mechanical work or HVAC installation, the applicant shall pay a fee to the City in accordance with the City of Grand Island Fee Schedule. Amended by Ordinance No. ,effective OS-15-2007 §18-71. Permit to be Kept on Premises It shall be the duty of the installer to keep all permits on the premises where the work for which the permit was issued is being done until such time as the work is completed, inspected, tested and accepted by the mechanical inspector. Amended by Ordinance No. ,effective OS-15-2007 Division 7. Penalty §18-72. Penalty for Violation of Article It shall be unlawful for any person upon whom a duty is placed by the provisions of this article to fail or neglect to comply with the provisions thereof, and every person failing or neglecting to comply with or violating any of the provisions of this article, shall be deemed guilty of an infraction and upon conviction thereof, shall be fined in any sum not exceeding one hundred dollars; each day's failure or neglect to comply with or the violation of any of the provisions of this article shall be cumulative and deemed a separate and distinct offense and punishable as such. The penalty provided for in this section shall be cumulative and in addition to any other penalty provided for in this article. Amended by Ordinance No. 9049, effective 6/28/2006 Amended by Ordinance No. ,effective OS-I 5-2007 SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. 14 ~: ORDINANCE NO. 9117 SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, on May 29, 2007. Enacted: May 8, 2007. Margare Hornady, Mayor Attest: p ,..~a5.... S (~ ~ . ~~' ddb ~~ RaNae Edwards, City Clerk „ ~ ,~~ ; ~.~°F~ ia. isi~ ,.~ e' ti~~ ~" NF$RAc~~P 1 J