§ 10-114. City mechanical licenses.

(a)

Licensing . Any person performing any form of mechanical work in the city shall have in his possession a valid and authenticated mechanical license issued by the building official or a valid mechanical license issued by the state, except as otherwise provided under subsection 10-114(g) or as exempted under federal or state law. The city no longer licenses mechanical contractors through testing administered by the city.

Exception: The building official will continue to renew those mechanical licenses based on completing continued education program.

(b)

City licensing and insurance required .

(1)

Qualifications of mechanical contractors . It shall be a violation of this chapter for a person who does not hold a license to undertake to execute mechanical construction or to cause the undertaking of such construction.

(2)

Misrepresentation . It shall be a violation of this chapter for any person to represent themselves with any class of license or registration set forth in this Code or to use the words "mechanical" contractor", "master mechanical contractor", "master HVAC contractor," or words of similar import or meaning on signs, business cards, stationery, or by any other manner whatsoever, unless such person is properly registered/licensed within the meaning of the word used as provided in this chapter.

(3)

General liability insurance .

a.

A city mechanical licensed contractor shall furnish the name of the insurance carrier, policy number, name, address, and telephone number of the insurance agent with whom the contractor is insured to the building official and to any customer who requests it.

b.

City licensed mechanical contractors must continuously maintain on file with the building official in a form of a certificate addressed to the city showing the above referenced persons carrying the following types and amounts of insurance:

1.

The insurance must be at least three hundred thousand dollars ($300,000.00) per occurrence (combined for property damage and bodily injury);

2.

Be at least six hundred thousand dollars ($600,000.00) aggregate (total amount the policy will pay for property damage and bodily injury coverage); and

3.

Be at least three hundred thousand dollars ($300,000.00) aggregate for products and completed operations.

c.

The holder of any city contractor's license is responsible for providing evidence of a new or renewal policy of any required insurance coverage upon termination or renewal of any policy.

d.

Any insurance certificate required by this Code must be written through a company licensed to issue the insurance in the state and the insurance may be approved by office of the city attorney.

e.

Insurance amount requirements for state issued air conditioning and refrigeration licenses class A or B of any endorsement shall be regulated by the Texas Department of Licensing and Regulation (TDLR) section 75.40 of the Administrative Rules

(c)

Communication, ready access, and vehicle identification .

(1)

Means of communication . Every licensed contractor must maintain a bona fide company address and telephone to enable the building official to contact the contractor in case of a job discrepancy. Any person holding a mechanical license and doing work in the city must be registered and shall report to the building official any change of address and telephone number in order to allow the building official to maintain accurate license renewal records. Acceptable means of for receiving communications include, but are not limited to, a person available at the place of business, an answering machine, voicemail, an email or a cellular telephone.

(2)

Master present for business . Master mechanical contractors licensed by the city or the state, shall be present during construction related to that type of license. "Present" shall mean: on site, in the office, or available to be reached during the times of 7:45 a.m. and 4:30 p.m. Central Standard time. Upon request of the building official, master mechanical contractors shall make themselves available to meet on the job site.

(3)

Identification of vehicles . Each person engaged in mechanical construction work shall identify all vehicles used for the transportation of materials, supplies, equipment or hand tools in the performance of such work with signs showing the name and type of business, the contractor's license number and the state contractor's license number, if applicable, under which such construction is being conducted. For contractors operating with local license numbers, the number should be prefixed with "HM" and those operating with state licenses shall have the appropriately identified with the prefixes designated by the State (TDLR). The signs shall be kept current at all times and shall be painted or comprised of permanently affixed decals displayed on each side of the vehicle. All letters and numbers shall be a minimum of two (2) inches in height and shall be in full view and legible at all times. It shall be a violation of this chapter to use vehicles that do not comply with this section.

(d)

City classifications of licenses and registrations . The following are the classifications of city licenses and registrations regulated by this Code. Any person whose license was destroyed or lost may obtain a duplicate license upon payment of the fee set forth in the fee schedule adopted by the city.

(1)

Licenses :

a.

Master mechanical contractor license

b.

Journeymen mechanical license

(e)

Documentation . The building official shall adopt rules regarding the form of documentation that will be accepted as proof of compliance with any experience, verification of registration or license status, or other pertinent information the building official feels is relevant for inclusion.

(f)

Record of issuance . The building official shall maintain a record that is available to the general public of all licenses and registrations issued pursuant to this chapter.

(g)

City license cards .

(1)

A registration card, bearing the building official's signature, shall be issued to each person receiving a city registration or license.

(2)

All city licenses shall expire on December 31 of each year. Licenses shall be renewed prior to the expiration date. Each person holding a valid mechanical license shall renew same in sufficient time to have the license renewal form returned to the development services department with the appropriate renewal fee prior to license expiration date. Any person who does not renew his license prior to expiration date has the right to appeal to the building-related and fire codes appeals and advisory board.

(3)

Each card, when issued to a mechanical contractor shall be issued to a person and registered in the name of the firm by which the person is employed. The firm shall be known as the holder of such registration certificate or card and shall notify the code official if the licensee is no longer in its employment. No further permits will be issued to the firm based upon the previous license holder's name who is no longer employed by the firm.

(4)

It shall be a violation of this Code for any person to alter or amend in any manner, lend, rent, or transfer a registration certificate or card, and for any person to make use of any such rights for which the person is not registered or licensed.

(5)

Each holder of a city issued card shall carry the registration card on his person at all times while performing mechanical work covered by this Code and shall present it to the building official upon demand.

(h)

Continuing education requirements for mechanical contractors, license expiration, and renewal . A license may be renewed at any time within thirty (30) days before the expiration date, unless such license has been revoked or canceled by the building official. Applicants shall show proof of having satisfactorily completed the required continuing education as follows:

(1)

Mechanical contractors licensed by the state must maintain the required amount of continuing education mandated by state law in order to perform work in the city.

(2)

Mechanical contractors licensed by the city will be required to attend eight (8) hours of continuing education annually.

a.

This training is mandatory for maintenance of city license.

b.

Training curriculum will be established by the building official, will be in accordance with state law and will be reviewed by the board annually.

c.

Annual training will be conducted by the development services department.

d.

A licensee may not receive continuing education credit for attending the same course more than once.

e.

A fee, established by ordinance in the development services department fee schedule, shall be paid by the licensee for each course.

(i)

Licenses not transferable . No license shall be transferred and no holder of any license shall allow his name or license to be used by any other person, either for the purpose of doing mechanical work or obtaining a permit under the penalty of forfeiture of license and payment of fines.

(j)

Certain acts prohibited . In addition to other provisions of this Code, it shall be unlawful for any person to do any of the following acts:

(1)

To display, cause or permit to be displayed or to have in one's possession any instrument purporting to be licensed for the doing of any mechanical work, knowing such instrument to be fictitious or to have canceled, revoked suspended or altered;

(2)

To lend or knowingly permit the use of any license for the doing of any mechanical work to any person not entitled thereto, under the provisions of this chapter;

(3)

To display or represent as one's own a license for the doing of any mechanical work when such license has not been lawfully issued to the person so displaying the same;

(4)

To fail or refuse to surrender to the building official on demand any license for the doing of any mechanical work, which has been suspended, canceled or revoked as provided for in this chapter;

(5)

To apply for or have in one's possession more than one current license of the same type provided for in this chapter;

(6)

To use a false or fictitious name or give a false or fictitious address in any application for any license provided for in this chapter, or any renewal or duplicate thereof, or knowingly make a false statement or knowingly conceal a material fact or otherwise commit fraud in making any such application;

(7)

To employ as a master or technician in mechanical work any person not licensed as provided in this chapter;

(8)

To perform any character of mechanical work for which a license is required by this chapter while such license is suspended, canceled or revoked.

(k)

Cancellation and suspension of licenses; appeals . Any license or registration granted under this chapter may be canceled, revoked or suspended by the building official if the holder of such license or registration violates provisions of this chapter or any ordinance of the city relating to mechanical work.

(1)

A contractor's certificate of registration or license may be cancelled or suspended by the building official after a hearing before the building official if the registered contractor is convicted of any penal offense arising out of or related to the performance of a mechanical contract or the registered contractor suffers a judgment against them in a civil action predicated upon fraud in connection with the performance of a mechanical contract.

(2)

The building official may also administratively cancel or suspend a license registration or license after a hearing before the building official for any one or more of the following reasons:

a.

Conviction or entering a plea of guilty or nolo contendre (no contest) by the registered person or entity of:

b.

Misdemeanor involving moral turpitude;

c.

Making any false statement as to a material matter in an application for registration, renewal or hearing in connection with same;

d.

Three (3) separate violations of this chapter, provided the violations occur within the previous 12-month period;

e.

Upon judicial determination of an abandonment or willful failure to perform any mechanical contract or project in or undertaken by a registered mechanical contractor, or willful deviation from or disregard of plans or specifications in any material respect;

f.

Upon judicial determination that the contractor knowingly made substantial misrepresentation on the part of the mechanical contractor in the procurement of a contract;

g.

Upon judicial determination of fraud on the part of the mechanical contractor in the execution of or in the material alteration of any mechanical contract or mortgage, promissory note or other document relating to the contract;

h.

Upon judicial determination that the mechanical contractor knowingly prepared or accepted any mortgage, promissory note or other evidence of indebtedness pertaining to an mechanical transaction with knowledge that it recited a greater monetary obligation than the agreed consideration for the mechanical construction work;

i.

With knowledge, the mechanical contractor directly or indirectly published any advertisement relating to mechanical construction which contains assertions, representations or statements which are false, deceptive or misleading;

j.

Failure of the mechanical contractor to notify the building official of any change in the ownership, management, or business name;

k.

Conducting an mechanical contractor business in any name other than the one registered;

l.

Obtaining an mechanical permit for an unregistered contractor or for one whose registration has been suspended, cancelled or denied.

(3)

The building official may take any of the following actions against the holder of the license or certificate of registration:

a.

No suspension.

b.

Suspension for thirty (30) days.

c.

Suspension for sixty (60) days.

d.

Suspension for ninety (90) days.

e.

Suspension for one hundred eighty (180) days.

f.

Cancellation.

(4)

The building official shall send the registered mechanical contractor a written notice of any administrative action to be taken against the registered contractor by certified mail, return receipt requested, at the last known mailing address. The notification shall give not less than ten (10) working days' notice of the hearing. The building official is authorized to conduct hearings for the purpose of making findings of fact to assist him in making his decision.

(5)

A written decision to cancel or suspend a certificate of registration or license shall be required and list the reasons for the building official's decision. This written decision shall be forwarded to the registered contractor by certified mail, return receipt requested to the registered contractor's last known address. This mailing may be waived provided that the registered contractor sign and acknowledge receipt of the written decision from the building official. The registered contractor shall then have fifteen (15) days from receipt of this notice to appeal the building official's decision to the building-related and fire codes board of appeals. The decision of the building official shall be final after expiration of this time.

(6)

Board appellate process .

a.

A registered or licensed contractor shall have the right to appeal the building official's decision in accordance with section 10-14 of this chapter.

b.

A perfected appeal tolls the building official's decision to suspend or cancel the registration until the board renders its decision.

c.

Neither the board nor the building official shall have any authority to suspend a registration for longer than one hundred eighty (180) days.

d.

A cancellation shall prevent the contractor from pulling new permits for a period of at least one year. For purposes of this section, a cancellation of a registration does not alleviate the registered contractor from performing current obligations or absolve them from liability under a contract. In performing currently permitted obligations while cancelled, the contractor shall not be subject to penalty for being unregistered. All other code provisions are applicable. Upon the expiration of a one-year period, a contractor may apply for a new license registration. No provision of this section shall be interpreted to mean that a new license registration will be issued after a prior license registration has been cancelled. A denied applicant for a new license registration is required to wait one year before applying again. There shall be no limit on the number of times a denied applicant may reapply.

e.

A suspension shall prevent the registered contractor from pulling new permits in the city for the suspension time period. A suspension of registration does not alleviate the registered contractor from performing currently permitted obligations under the mechanical contract. The contractor shall not be subject to penalty for operating while suspended when performing currently permitted obligations. However, all other code provisions apply. The board's decision to affirm or affirm as modified a suspension of a registration means that the suspension time begins the following working day.

(l)

Change of name . Upon payment of the fee set by ordinance, posting of any necessary insurance and compliance with any other requirements of this chapter, the holder of a valid license may apply to the building official for a change on the name of a license.

(m)

Continuation of the business upon death, disability or termination of the business's master . Upon the death, disability or termination of a city mechanical contractor, such business will be allowed to complete existing work for which permits had been obtained prior to the severance of such master provided insurance is posted, if applicable, and sufficient evidence is submitted to and approved by the building official as to the ability of the business to complete the work in accordance with the requirements of this chapter. Monthly approval may be granted by the building official for a period not to exceed six (6) months. On or before the expiration of such period the business shall associate a new master of the appropriate classification or cease operations.

(n)

Master mechanical contractor limitations on multiple business affiliations .

(1)

Any master mechanical contractor affiliated with a business as herein provided shall not engage in the operation of a second mechanical contracting business, under the provisions of this Code, unless it is under the same name and insurance of the first business. Any permit issued to a business must be for work being done by that business. Any master mechanical contractor obtaining permits for any person, business or entity will be notified to appear before the building official for consideration of a complaint.

(o)

Journeymen mechanical; performance of work; supervision and ratio . A mechanical journeymen shall perform mechanical work under the general supervision of a master mechanical contractor. A journeymen shall directly supervise the work of a mechanical apprentice provided that a ratio of eight (8) apprentices to one journeymen is not exceeded.

(p)

Development services inspection supervisor . The mechanical inspections supervisor of the development services department shall also serve as the master of record for mechanical work performed by city employed mechanical workers.

(Ord. No. 2018-06-21-0493 , § 1, 6-21-18)