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HomeMy WebLinkAboutA004 - Council Action Form dated April 13, 1999 r ITEM # A4 DATE: April 13, 1999 SUBJECT: Changes to Municipal Mechanical Code regarding mechanical licensing proposed by the Mechanical Code Board of Appeals. BACKGROUND: The Mechanical Code Board of Appeals has discussed mechanical licensing for at least two years. It has been very controversial with viewpoints ranging from no licensing needed, to licensing of all mechanical installers and mechanical contractors. Also, every year a different board members' ends bringing a new person into the discussion with another opinion. Some of the positive points for licensing are as follows: 1. Creates a standard that installers must achieve to work alone or to supervise installation of mechanical equipment giving inspectors and building owners confidence that qualified people are being used. 2. Gives greater respect to mechanical installers and the trade that they have achieved a level of excellence and may remain in the trade. 3. Gives an installer more credentials so they may demand higher pay (good for individual, bad for contractor). 4. Verifies a level of training so to provide safer working conditions for the installer. Some negative aspects to requiring licensing: 1. Many well-qualified installers who have been working in the trade for years may not be able to pass the test and wouldn't be able to continue their business. 2. There is a lack of qualified persons in the work force already. With higher standards it may even be more difficult to find additional or replacement employees. 3. Tradition in Ames is to not require license for mechanical installation or gas piping, but still requires permits and inspections. The Mechanical Board's proposal is to require one person from each company to have a mechanical master license rather than each installer. They have also requested that i order to obtain a mechanical master license the installer shall have six (6) yews experience in the mechanical trade and pass an exam. The board is also recommending" that an optional journeyman license be created which would require the installer to have three (3) years of experience. A grandfather clause provision is being proposed for both masters and journeyman level licenses for 45 days after the adoption of an ordinance for any individual whom can verify six (6) years of experience for masters and three (3) years for a journeyman. The term for license is three (3) years. There are proposed policies requested for reciprocal licenses with other jurisdictions. It is being suggested that a refresher course be mandatory each time a license is renewed. Fees will be set by city council. (See attached proposal.) ALTERNATIVES: 1. Authorize the city attorney to draft an ordinance to change to mechanical code including the recommendations on licensing from the Mechanical Code Board of Appeals. 2. Deny the request. 3. Give the staff and Mechanical Code Board of Appeals further direction on mechanical licensing. MANAGER'S RECOMMENDED ACTION: The city staff has remained neutral during this entire discussion. We have been available for questions and interpretations and tried to move the discussion along. We believe that each individual should hold a license and show experience and pass an exam. Rather than be grandfathered, we believe that everyone should be given two years to comply. However, because of the shortage in skilled labor and the large amount of construction, we support this ordinance change as requested by the Mechanical Code Board of Appeals. We feel strict new licensing will cause price increases for mechanical contractors, which will affect home builders and future home buyers. This ordinance will be a good first step, and could be reexamined at a later date. It is the recommendation of the City Manager that the City Council adopt Alternative #1 authorizing the city attorney to draft an ordinance change to include mechanical licensing as recommended by the Mechanical Board of Appeals. COUNCIL ACTION: t S can c I P� oL An Ordinance adopting and amending the Uniform Mechanical Code, regulating and controlling the establishment for licensing of Mechanical masters,journeyman, and registration of Mechanical Shops and apprentices. Any decision of the board may be appealed to the District Court. The appellant must file a written appeal to the district Court, with the Clerk of Court, within Ten (10) days of the board's decision. (a) Unless the ordinance exempts the applicant from licensure requirements for the proposed work, a licensed Mechanical Master shall make application. The Mechanical Master must possess a valid, unexpired, unrevoked and unsuspended Mechanical Master license, issued by the City of Ames, or a reciprocal license approved by the City of Ames Mechanical Board. (b) License required. Except as otherwise provided by this Code, it shall be unlawful to engage in the business of contracting to install, replace, alter, or modify any mechanical system or portion thereof, which requires a City mechanical permit unless one or more of the following conditions(1 through 3) exist: 1. The work is contracted by a person, firm or corporation who possesses a valid City of Ames Mechanical Contractors license and is or employs a licensed Mechanical Masters license. 2. The work is performed by an individual who possesses a valid City of Ames Mechanical Master License and a Mechanical Journeyman's License. (It shall be deemed allowable, for an individual who is not licensed, but is registered with the City of Ames to perform the work under the supervision of a Mechanical Master licensee. 3. A registered contractor may be a licensed Mechanical Master or have in his or her employ and so designated a licensed Master on a full time basis. Before the issuance of a contractor's license, the applicant shall submit the address of his place of business, business telephone number, the name of the designated master and other information as may be required on forms provided by the Building Inspection Division and shall pay all relevant fees. The Master shall be ultimately responsible for the work completed under the auspices of a mechanical permit. Each registered contractor shall provide proof of broad-form comprehensive, commercial general liability insurance, including independent contractor's coverage and product/completed operations in the amount of five hundred thousand (500,000) per occurrence. Failure to renew the policy or cancellation of the policy shall be cause for immediate revocation of the contractor's license. If the contractor renews his required insurance, he may obtain a new contractor's license by providing evidence of current insurance coverage and remitting the license fee. It shall be unlawful for any person, firm or corporation to conduct, carry on or engage in the business of mechanical contracting without first obtaining a City of Ames contractor's mechanical license. 2 1. Mechanical Master. A licensed mechanical master shall have experience working in the trade of mechanical contracting and shall pass the master's block exam. A mechanical master license holder shall be responsible for and supervise all the work activity and assure compliance with all of the applicable codes and ordinance adopted by the City of Ames. 2. Mechanical Journeyman. A licensed mechanical journeyman shall have experience working within the trade. Work experience shall be verified by previous employers holding a Mechanical Masters license in good standing acceptable to the Building Inspection Division of the City of Ames, Iowa. A graduation or certification from an accredited college or an approved vocational training institution in curriculum related to the installation and design of mechanical systems may be accepted by the Mechanical Board as substantiation of experience. 3. Mechanical Apprentice. An apprentice is an individual who is registered in the City of Ames with the Building Inspection Division . 4. "Grandfather" provisions. Individuals may apply for a City of Ames Mechanical Masters or Mechanical Journeyman license. The Mechanical Board of Appeals shall issue the license upon review and approval of the application. Applications must be submitted to the Mechanical Board not more than forty-five (45) days from the adoption of this ordinance. Any individual who can verify not less than six (6) years of experience in the Mechanical trade shall be issued a Mechanical Master's license. Any individual who can verify not less than three (3) years of experience in the mechanical trade shall be issued a Mechanical Journeyman license. A signed confirmation of employment by a business owner, a direct supervisor or an agent of the business will be deemed acceptable verification of employment. In addition, government forms may also be submitted as verification of employment. The Mechanical Board as additional substantiation of an individual's qualifications and experience may accept certificates of graduation or completion from an accredited college or from an approved vocational training institution in an area related to the mechanical trade. 5. Individuals who are not satisfied with the decision of the Mechanical Board may appeal their findings to the District Court. Unless appealed in writing within ten (10) days to the Clerk of Court, all decisions of the Mechanical Board shall be deemed final. (c) License terms. The terms of all licenses issued by the Building Inspection Division shall expire on December 31 of every 3`d year unless the license is suspended, revoked or cancelled. All valid licenses except for those, which have been suspended, revoked, or cancelled, may be renewed every third year if payment of the required renewal fee shown herein is received before December 31 of such year. Grace period. A license not renewed by December 31 may be renewed unless suspended, revoked or cancelled, if done so by the end of the last regular business day of January of the new year. All licenses not renewed during this grace period shall become null and void and shall be of inactive status by a majority vote of the Mechanical Board. ' 3 (d) Waiver of examination—journeyman HVAC. The board may, at its discretion, by majority vote of its members, issue to any applicant possessing a valid journeyman HVAC license from any other city or state, after satisfying itself of the validity of such licenses, and the qualifications of the holder thereof, waive examination of such applicant and upon compliance with all other regulations in this Code, issue to said applicant a journeyman HVAC license. (e) Waiver of examination—masters. Without requiring examination of the applicant, the Board may at its discretion, by unanimous vote of its members, issue a Certificate of Competency to any applicant who holds a bona fide current HVAC masters license issued in the applicant's name from any other City or state, after satisfying itself of the validity of such licenses, and the qualifications of the holder there of, waive examination of such applicant and upon compliance with all other regulations in the code, issue to said applicant a Masters HVAC license. (0 The City of Ames Inspection Department will arrange for a Mechanical Code Refresher Course. The course curriculum will be set by the Mechanical Board members by a majority vote. The course must be completed by the 30"' day of November of the renewal date of all Masters and Journeyman mechanical license holders in the City of Ames. (g) All Mechanical Masters and Journeymen must attend an accredited mandatory license update before the 31' day of December before their licenses can be renewed with any associated fees being paid by said master or journeyman licensee. (h) 1. Application for License required - Each applicant for a license either as a Mechanical contractor, Master Mechanical , or Journeyman Mechanical license shall fill out and file the application for license on forms furnished and pay the required testing fee, Prior to testing the applicant shall be reviewed and approved by the Mechanical Inspector. Should the accuracy of the application or qualifications of the applicant be questioned, the Mechanical Board of Appeals shall render its judgement in the matter. 2. Notice of Examination — When an application for a Mechanical License has been filed and the applicant has been approved to take the licensing examination, the Secretary of the Board of Mechanical Examiners and Appeals shall notify the applicant of the place and time where the examination will be held. 3. Authorization to Issue License— Upon passage of the licensing examination, the applicant shall pay a licensing fee as set by the City Council and a license shall be issued. 4 4. Licenses not Transferable; Expiration, Renewal, Fee—Licenses are not transferable. Licenses shall be issued every three(3) years and shall expire on the 31' day of December of the third year. Licenses may be renewed upon the payment of a fee of$25.00 set by the City Council to cover the costs of administration. Failure to renew a license before the expiration date may subject the person to a new examination, except on recommendation of the Board, for good cause shown, the examination requirement may be waived. 5. Recognition of Licenses for other Cities — The Mechanical Board of Examiners may without examination issue a license to any person holding a Mechanical license from another city or state recognized by the Board as having similar licensing standards. The board shall adopt written procedures for determining that the licensing standards are similar and shall maintain records of those cities for which Mechanical licenses shall be recognized. 6. Test for Licenses— The Mechanical Board of Examiners and Appeals may by majority vote and by the approval of the City Council amend, alter or change the test standards for all mechanical licenses. The currant examinations are in force as follows: The Journeyman test will be administered by Block and Associates Test #404 — see attached sheets. The Masters test will be administered by Block and Associates Test 4407 — see attached sheets. The Journeyman Sheet metal test will be administered by Block and Associates Test 4427- see attached sheets. Definitions of terminology: Apprentice: An individual who labors as an employee in training as a mechanical systems service technician or installer, who is registered with the City of Ames as a mechanical apprentice. Supervision: Shall mean the direction and control of the activities required to complete the work allowed under the auspices of a mechanical permit. A supervising mechanical master shall be responsible for and supervise all the work activities, and assure compliance with all the applicable codes and ordinance adopted by the City of Ames ordinances. Master: An individual who is qualified to control and have authority of all technical work performed under the authority of the contractor's enterprise. This will include but is not limited to the assurance of quality control and is responsible for compliance with all the applicable codes, ordinances and regulations. Journeyman: An individual who is qualified to design, install, maintain or repair the areas of his expertise. A journeyman is responsible for the activities of any apprentice or helper assigned to labor under his supervision. Mechanical Board: The governing body assembled to address matters concerning the Uniform Mechanical Code. This is to include reviewing licenses for revocation or suspensions, and to hear appeals to the Mechanical Board and by majority vote decide outcome of appeals. Registered Mechanical Contractor: A person, firm or corporation that engages in the business of installing or servicing mechanical systems governed by the Uniform Mechanical Code. Fee Schedule: Registered Mechanical Contractor $60.00 Master Mechanical License $60.00 Journeyman Mechanical License $45.00 Apprentice registration no administrative fee Note: Those issued a Masters license will be issued a journeyman's license at no additional fee. There will be a one time charge of$25.00 for administrative fee for all first time Masters and Journeyman licenses and for applications for licenses that have lapsed, or been forfeited, or revoked. These fees and license fees must be paid before issuance of any license. By unanimous approval, we the undersigned City of Ames Mechanical Board Members urge the Ames City Council to pass this new ordinance. Respectfully submitted, CC Signature Signature ignature—. Mr. Je ed and Mr. Jeff edden Mr. Scott Stephan Chair an of the Board Date: a- !� — 9,F Date: 9 Date: - - With our affixed signatures to this document, we the Mechanical Board for the City of Ames direct the City of Ames Inspection Department to set a date for a public hearing regarding this new proposed ordinance. Sine y, ZI Jerry Redmond, Chairman of the Board 404UKICN NAI ■ Block 2. NFPA 54 - National Fuel Gas Code, 1996, National Fire Protection Association, 11 Tracey Avenue, Avon, MA AIR CONDITIONING 02322 JOURNEYMAN/MECHANICAL 3. Refricieration and Air Conditioning, 1997, ARI, Prentice JOURNEYMAN Hall, Order Processing Center, P.O. Box 11071, Des Moines,IA 50336-1071 SCOPE 4. Ppefitter's Handbook, 1967, 3rd edition, Forest R. Lindsey, Industrial Press, Inc., 200 Madison Avenue, New York, NY Those who are qualified to instbll, maintain, repair, fat; 10016 alter, or extend central air conditioning, refrigeration, h,_!:;J 5. Low Pressure Boilers, 1994, Frederick M. Steingress, and ventilating, including ductwork, and all appurtenarcaZ., American Technical Publishers, 1155 West 175th Street, apparatus, piping vessels, ducts and insulation u,.ud at Homewood, IL 60430 connection therewith while employed by an Air Cond:: .:: j 6. Fibrous Glass Duct Construction_Standards, 1998, North Contractor. American Insulation Manufacturers Association, 44 Canal Center Plaza,Suite#310,Alexanuria, VA 22314 EXAMINATION CONTENTS Some of the questions will be based on field experience and Part 1 -Open Book-Three flours knowledge of basic trade practices: therefore, questions will not 50°0 of Total Grade be limited to these references. Subjects Number of Qu, s If a revised or updated version of any of these references (other Code Compliance 8 14 than Code books) becomes available prior to the examination HARV General 9 18 date, the updated reference will also be applicable to the Boilers-Low Pressure 8 12 examination questions. Please note that the examinations will Fuel Gas Systems 4 8 be based on the editions of the Code books listed in the Insulation 2 5 reference list. Total Number of Questions 50 No narks, highlighting or notes of any sort may be made in the Part 2-Open Book-Three Hours reference materials during the examination. Highlighting, and 501.0 of Total Grade tabbing of references prigr to the examination is acceptable. NO handwritten notes may be made in the reference materials prior Subjects Number of Questions to or during the examination. HARV Maintenance 20 30 HARV Controls 8 12 Block recommends that candidates order their books far enough Piping 10 18 in advance to ensure they arrive before the test date. Total Number of Questions 50 SAMPLE QUESTIONS NOTE: 1. The resistance of current flow in electrical circuits is The examination parts for this test are weighted. The measured in . weightings are listed under each part#. Your final grade will be a weighted average of all parts. A. coulombs B. henrys THIS EXAM MAY INCLUDE ADDITIONAL NONSCORED C. ohms TRIAL QUESTIONS D. watts Answer.C EXAMINATION REFERENCES 2. To raise 25 pounds of water from 50°F to 60OF requires The references on the list are used to prepare the questions for A. 20 BTUs the examination. During an Open-Book section of an B. 100 BTUs examination you may refer to any or all of these references C. 250 BTUs except for the study aids. D. 350 BTUs Answer.C These references can be obtained directly from the publishers or from local trade bookstores. 1. Uniform Mechanical Code, 1997, International Conference of Building Officials, 5360 South Woikman Mill Road, Whittier,CA 90601 For information on how to obtain examination references Please call toll free (877)NAI-BLOCK 00 r-f 407,9MCN NAI ■ Block These references can be obtained directly from the publishers or from local trace bookstores. HARV 1. Unif_orm Mechanical Code, 1997, International Conference of Building Officials, 5360 South Workman Mill Road, SCOPE Whittier,CA 90601 Those who are qualified to install, maintain, repair, alter or 2. Code of Federal Req ulations_ Title_29_Part 26 (OSHA), extend air conditioning, refrigeration, heating, and ventilation, 1998, Superintendent of Documents, PO Box 371954, unlimited in horsepower or tons, including all duct systems, low Pittsburgh, PA 15250-7954 pressure boiler and unfired pressure vessels systems, solar OR OSHA_Excermts for Contractors, 1997, NAI • Block, 2100 heating and cooling systems and all appurtenances, app:ratus NbV 53rd Ave.,Gainesville, FL 32653-2149 or equipment used in connection therewith, as well as p;ping, The next 2 references(3-4)are published by National duct work,insulation of pipes,vessels and dues. Fire Protection Association, 11 Tracey Avenue,Avon,MA - - -�EXAMINATION CONTENTS 023223. NFPA 54-National Fuel Gas Code, 1996 Part 1 -Open Book-Three Hours 4. NFPA 90A - Installation of Air g—Conditionin and Ventda rn--t 9 50%of Total Grade Systems, 1996 Subjects Number of Questions 5. Low Pressure Boilers, 1994, Frederick M. Steingress, Code Compliance 8 i5 American Technical Publishers, 1155 West 175th Street, Fuel Gas Systems 5 1ii FlomewoJd, IL 60430 Ducts 8 12 6. Rc friciErGnon and Air Conditioning, 1997, ARI, Prentice HARV Load Calculation 8 12 Hall, Order Processing Center, P.O. Box 11071, Des Boilers-Low Pressure 7 12 Moines, IA 50336-1071 Ducts-Safety and Fire Prevention 1 The next 3 references(7-9)are published by Air Conditioning Contractors of America, 1712 New Total Number of Questions 50 Hampshire Avenue N.W.,Washington, DC 20009 Part 2- Open Book-Three Hours 7. Manual N_Load Calculation for Commercial Summer and 50'/0 of Total Grade Winter Airr_Condilionir usingunitark equipment), 1988, 4th editic Subjects Number of Questions 8. Manual yl=Load Cat:;ulation for Residential Winter and HARV General 8 15 Summer Air Conditioning, 1986, 7th edition HARV Maintenance 10 15 HARV Controls 7 12 9. Manual D_Residential Duct Systems, 1995 Piping 6 10 10. Trane DL.gulator, TRANE Company, 8929 Western Way, Safety 2 4 Suite #1,Jacksonville, FL 32256 Insulation 2 5 OR ACCA Ductulator, Air Conditioning Contractors of America, Psychrometric Analysis 3 5 1712 New Hampshire Avenue N.W., Washington, DC 20009 Total Number of Questions 50 11. Pipefitter's Handbook, 1967, 3rd edition. Forest R. Lindsey, NOTE: Industrial Press, Inc., 200 Madison Avenue, New York, NY The examination parts for this test are weighted. The 10016 weightings are listed under each part N. Your final grade will be 12. Syste-m'Design Manual - Pan III: Pilling DesLgn Carrier, a weighted average of all parts. 1960, Carrier Air Conditioning Company, Carrier Parkway, Literature Distribution, Bldg. 8, P.O. Box 4808, Syracuse, THIS EXAM MAY INCLUDE ADDITIONAL NONSCORED NY 13221 TRIAL QUESTIONS 13. Fibrous Glass Duct Construction Standards, 1998, North American Insulation Manufacturers Association, 44 Canal EXAMINATION REFERENCES Center Ptziza, Suite#310,Alexandria, VA 22314 The references on the list are used to prepare the questions for Some of the ,questions will be based on field experience and the examination. During an Open-Book section of an knowledge of basic trade practices; therefore, questions will not examination you may refer to any or all of these references be limited to these references. except for the study aids. For information on how to obtain examinz�tion references Please call toll free (877)NAI-BLOCK Lj0 427UMCN NAI ■ Block OR ACCA Ductulator, Air Conditioning Contractors of America, 1712 New Hampshire Avenue N.W., Wasnington, DC SHEET METAL JOURNEYMAN 20009 SCOPE Some of the questions will be baseu on field experience and knowledge of basic trade practices; tt,erefore, questions will not Those who are qualified to fabricate, install, repair, alter, or be limited to these references. extend sheet metal work while employed or supervised by a sheet metal contractor. If a revised or updated version of any of these references(other than Code books) becomes available prior to the examination LEXAMINATION CONTENTS date, the updated reference will also be applicable to the the questions. Please note inat the examinations will Open Book-Three Hours be based on the editions of the erode books listed in the Subjects Number of Questions reference list. Code Compliance-Uniform Mechanical Code 8 12 No marks, highlighting or notes of any sort may be made in the Sheet Metal 20 28 reference materials during the examination. Highlighting, and Ducts-Construction-Fiberglass 6 10 tabbing of references prior to the examination is acceptable. NO Ducts-Safety and Fire Prevention 2 5 handwritten notes may be made in the reference materials prior Ducts-Vapor Removal and Hood Systems 2 5 to or during the examination. Ducts 3 _ 5 Block recommends that candidates oruer their books far enough Total Number of Questions 50 in advance to ensure they arrive before the test date. THIS EXAM MAY INCLUDE ADDITIONAL NONSCORED TRIAL QUESTIONS ---]EXAMINATION REFERENCES The references on the list are used to prepare the questions for the examination. During an Open-Book section of an examination you may refer to any or all of these references except for the study aids. These references can be obtained directly from the publishers or from local trade bookstores. 1. Uniform Mechanical Code, 1997, International Conference of Building Officials, 5360 South Workman Mill Road, Whittier,CA 90601 The next 2 references(2-3)are published by National Fire Protection Association, 11 Tracey Avenue,Avon, MA 02322 2. NFPA 90A- Installation of Air Conditioning and Ventilatin Systems, 1996 3. NFPA 96 - Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations, 1994 4. HVAC Duct Construction Standards-Metal and Flexible, 1995, Sheet Metal and Air Conditioning Contractor's National Association, P.O. Box 221230, Chantilly, VA 22022-1230 5. Fibrous Glass Duct Construction Standards, 1998, North American Insulation Manufacturers Association, 44 Canal Center Plaza, Suite#310,Alexandria,VA 22314 6. Sheet Metal, 1995, Leo A. Meyer, American Technical Publishers, 1155 West 175th Street,Homewood, IL 60430 7. Trane Ductulator, TRANE Company, 8929 Western Way, Suite#1,Jacksonville, FL 32256 Efiective Date 09/01/1998 through 02/28/1999 For information on how to obtain examination; references Please call t©II free (877)NAI■BLOCK' y