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HomeMy WebLinkAbout~Master - Mechanical Licenses 1 ORDINANCE NO. 1949 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY ENACTING A NEW SECTION TO BE NUMBERED SECTION 32.104.1 FOR THE PURPOSE OF PROVIDING FOR THE LICENSING OF PERSONS TO PERFORM WORK PERTAINING TO THE MECHANICAL SYSTEMS OF BUILDINGS; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by the City Council for the City of Ames,Iowa,that: Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by enactment of a new section numbered Section 32.104.1 to state as follows: "Sec.32.104.1. MECHANICAL LICENSES. It is the purpose of this section to provide for the examination and licensing of persons to perform work pertaining to the installation of mechanical systems of buildings. (1) The following definitions of terms shall be used for this section: (a) Mechanical Apprentice. A mechanical apprentice is an employee of a person, firm or corporation that is a Registrant under Section 104 above while learning the trade of installing mechanical systems for buildings. A mechanical apprentice shall be registered with the City Mechanical inspector. (b) Mechanical Journeyman. A mechanical journeyman is a natural person who, through training and experience has acquired the requisite skill and knowledge necessary for the proper installation,alteration and repair of mechanical systems or parts thereof and who holds a valid license as a mechanical journeyman from the City. (c) Mechanical Master. A mechanical master is a natural person who is engaged in the business of installing mechanical systems,other than as a mechanical journeyman engaged in the actual installation,alteration and repair of mechanical systems,and who is skilled in the planning, supervising and practical installation of mechanical systems or parts thereof and is familiar with the laws,rules and regulations of the City and State of Iowa governing the same and who holds a valid license as a mechanical master issued by the City. (2) Qualifications for Mechanical Journeyman. (a) During the first forty-five days following the enactment of these licensing regulations, a journeyman mechanical license shall be issued to any and all applicants who show proof of having been an employee,for not less than 3 years, of a mechanical contractor registered with the City of Ames and doing work in the City of Ames. (b) During the first forty-five days following the enactment of these licensing regulations, a journeyman mechanical license shall be issued to any and all applicants who show proof that they have done mechanical work for a mechanical contractor not registered with the City of Ames and of also having passed a mechanical journeyman's test administered through a third-party testing agency,such as Block and Associates,for a jurisdiction other than Ames,Iowa. (c) Following forty-five days after the effective date of these licensing regulations, a mechanical journeyman's license for the City of Ames shall not be issued to any person who has not passed the Block and Associates Test #404 for mechanical journeyman, or such other or additional tests as are approved by the City of Ames Mechanical Board of Examiners and Appeals. 1 (3) Qualification for Mechanical Master. (a) During the first forty-five days following the enactment of these licensing regulations,a mechanical master's license shall be issued to any and all applicants who shows proof of having been employed for not less than six years, continuously, for a mechanical contractor registered with the City of Ames and doing work in the City of Ames. (b) During the first forty-five days following the enactment of these licensing regulations,a mechanical master's license shall be issued to any and all applicants who show proof that they have done work for a mechanical contractor not registered with the City of Ames and of also having passed a mechanical master test administered through a third party testing agency, such as Block and Associates,for a jurisdiction other than Ames,Iowa. (c) Following forty-five days after the effective date of these licensing regulations, a mechanical master's license for the City of Ames shall not be issued to any person who has not passed the Block and Associates Test#407 for mechanical masters or such other or additional tests as are approved by the City of Ames Board of Examiners and Appeals. (4) Application for License. Each person desiring to obtain a license as a mechanical journeyman or as a mechanical master shall fill out and file an application for license on forms furnished by the mechanical inspector. Prior to testing, the application shall be reviewed by the mechanical inspector. Should the accuracy of the application,or the qualifications of the applicant be questioned by the mechanical inspector,the Mechanical Board of Examiners and Appeals shall render its judgment on the matter. (5) Notice of Examination. When an application for a mechanical journeyman or mechanical master license has been filed and the applicant has been approved to take the licensing examination, the Secretary of the Mechanical Board of Examiners and Appeals shall notify the applicant of the place and time where the examination will be held. (6) 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. (7) Licenses Not Transferable;Expiration,Renewal;Fee. Licenses are not transferable. All mechanical journeyman and mechanical master licenses shall expire on the 31st day of December,2003,and every third year thereafter. Licenses may be renewed upon the payment of a reasonable fee set by the City Council to cover cost of administration. Failure to renew a license before the expiration date may subject the person to a new examination, except that on recommendation of the Board,for good cause shown,the examination requirement may be waived by the mechanical inspector. (8) Continuing Education. As a condition for renewal of a mechanical journeyman or mechanical master license the holder of the license shall show proof to the Mechanical Inspector of having taken a refresher course from a source of instruction on a list approved by the Mechanical Board of Examiners and Appeals. (9) Recognition of Licenses from Other Cities. The Mechanical Board of Examiners and Appeals may authorize issuance of a license without examination to any person holding a license from another city 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 licenses shall be recognized. Each candidate for such reciprocal mechanical journeyman or mechanical master license must fill out the application and be approved by the Mechanical Code Board of Appeals and the mechanical inspector before starting any work for which an Ames mechanical journeyman or mechanical master license is required. (10) Licenses to be shown. Licenses shall be carried at all times while engaged in mechanical work in the City of Ames. At the inspector's request licenses must be shown. If a license cannot be presented at an inspector's request,work shall stop until the license is presented. 2 (11) License Suspension. The Mechanical Board of Examiners and Appeals shall have the authority to suspend the license of any mechanical journeyman or mechanical master for judgment entry of two (2) violations of any of the provisions of this chapter committed within a period of twelve(12)consecutive months. Such suspension of license shall be for a time not to exceed six(6) months. After expiration of such period of time as the Board shall have designated,and after payment of any outstanding penalties, costs, fees and proof of compliance and routine renewal fee,if it has become due in the interim,the suspended license shall again become valid and effective. (12) License Revocation. The Mechanical Board of Examiners and Appeals shall have the authority to revoke the license of any mechanical journeyman or mechanical master for any of the following acts: (a) Any fraud, deceit or misrepresentation in the application or examination for a license. (b) Judgment entry of three(3)violations of any of the provisions of this chapter committed within a period of twelve(12)consecutive months. Such revocation of a license by the Board shall be full and final cancellation of such license,made effective on the date of the Board's decision. Any Licensee so judged by the Board shall not, thereafter,be allowed to be registered again in the City. (13) Suspension or Revocation Hearing. In considering allegations under this section regarding suspension or revocation of a license, the Mechanical Board of Examiners and Appeals shall proceed upon swom information furnished it by an official of the City,or by any person. Such information shall be in writing and shall be duly verified by the person familiar with the allegations made. The Board shall issue an order setting the matter for hearing at a specified time and place,and the Secretary of the Board,with the advice of the City Attorney, shall cause a copy of the Board's order, and of the allegations,to be served upon the licensee by registered mail at least fifteen(15) days before the date set for the hearing. The licensee may appear in person or by counsel at the time and place named in the order and present his/her defense to the Board. The City Attorney shall provide counsel for the Board. If the licensee fails or refuses to appear,the Board may proceed to hear and determine the allegations in his/her absence. If he/she admits the allegations,or if,upon a hearing, the Board fords any of the allegations to be true, it may enter an order suspending or revoking the license. Suspension or revocation resulting from a decision of the Board shall preclude the licensee from doing any mechanical systems work in the city as long as the suspension or revocation is in effect. (14) Any and all work for which a mechanical permit is required by Sec. 32.105 shall be done by a licensed mechanical journeyman or mechanical master only,or by a mechanical apprentice working under the supervision of a mechanical journeyman or mechanical master." Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out in Section 32.301 of the Ames Municipal Code. Section Three. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict,if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 22nd day of February , .200 Diane R.Voss,City Clerk Ted Tedesco,Mayor 0539 Rev.1-20-00 3