HomeMy WebLinkAboutSafeguarding Persons and Property and Promoting the Welfare of the Public; Creating the Office Warm Air Heating etc.ORDINANCE No. 3973 (As AMENDED)
Passed by the Common Council of the City of South Bend,
APRIL 12THp 19354
A IL rte,
Presented by me to the Mayor of the City of South Bend,
/h.
Clerk
Of Common Council
Approved and signed by me APRIL 1STHO ig §4
Clerk
�t
ORDINANCE NO.--? i %3
AS AMENDED
AN ORDINANCE FOR SAFEGUARDING' PERSONS AND PROPERTY AND PROMOTING THE
IMFARE OF THE PUBLIC& CREATING THT,, OFFICE OF WARM AIR HEATING, RESI-
DENTIAL AIR CONDITIONING AND VENTILATING INSPECTOR, HEREAFTER REFERRED
TO AS THE INSPECTOR, AND PRESCRIBING HIS DUTIES: ESTABLISHING STANDARDS
FOR WARM AIR HEATING, RESIDENTIAL AIR CONDITIONING AND VENTILATING
EQUIPMENT AND FOR ITS INSTALLATION AND REQUIRING CONFORMITY THEREWITH:
MAKING �lIT UNLAWFUL TO UNDERTAKE THE INSTALLATION OF OIL AND GAS BURNERS,
SPACE HEATERS, WARM AIR HEATING$ RESIDENTIAL AIR CONDITIONING OR VENTI-
LATING EQUIPWM 11ITHOUT A PERMIT THEREFORE, AND CREATING A 14ARM AIR
HEATING, RESIDENTIAL AIR CONDITIONING AND VENTILATING EXAMINATION BOARD
AND A BOARD OF REVIEW AND PRESCRIBING THEIR DUTIES: PROVIDING FOR THE
LICENSING OF PERSONS, FIRMS AND CORPORATIONS UNDERTAKING THE SALE OR
INSTALLATION OF WARM AIR HEATING, RESIDENTIAL AIR CONDITIONING AND
VENTILATING EQUIPMENT AND WPRM AIR HEATING, RESIDENTIAL AIR CONDITIONING,
AND VENTILATING CONTRACTORS AND DEALERS IN WARM AIR HEATING, RESIDENTIAL
AIR CONDITIONING AND VENTILATING,EQUIP = AND MAKING IT UNLAWFUL TO
UNDERTAKE THE SALE OR INSTALLATION OF WARM AIR HEATING, RESIDENTIAL AIR
CONDITIONING AND VENTILATING EQUIR4,mi WITHOUT A LICENSE EXCEPT AS OTHER-
WISE PROVIDED: PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE
AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, +HERE HAVE BEEN COMPLAINTS OF IMPROPER? AND UNSAFE WARM AIR
HEATING, RESIDENTIAL AIR CO2NbltI0NING AND VENTILATING INSTALIETIONS, SOME
OF WHICH ENDANGERED THE HEALTH AND SAFETY OF CITIZENS OF THIS COMMURITY,
AND
WHEREAS, THE STATE OF INDIANA HAS BY THE ADOPTION AND PROMULGATION OF
A CODE, CREATED NEW AND HIGHER STANDARDS FOR WARM AIR HEATING, RESIDENTIAL
AIR CONDITIONING AND VENTILATING SYSTEM AND THEIR INSTALLATION THROUGH-
OUT THE STATE OF INDIANA, AND
WHEREAS, IN ORDER TO OBTAIN FULL BENEFITS OF SUCH IMPROVED STANDARDS
AND TO PROVIDE A MEANS FOR THE PROTECTION OF THE PUBLIC AGAINST
INSTALLATION OR REPAIR OF WARM AIR HEATING, RESIDENTIAL AIR CONDITIONING
AND VENTILATING SYSTEMS IN AN IMPROPER MANNER OR DANGEROUS MANNER.
NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA THAT:
page 1.
SECTION I.
A. Person as herein used shall include natural persons, firms or
corporations, who for a consideration and as independent contractors
or employees of independent contractors, do the things and acts included
in this ordinance.
B. Warm air heating, residential air conditioning and ventilating
equipment, systems, inspectors, examining and control boards, licenses or
contractors as used herein shall include all devices for warm air heating,
residential cooling, humidifying, de- humidifying or ventilating all or
parts of any public or private building within the City of South Bend,
Indiana and shall include all parts thereof.
C. Sheet metal work shall include any and all parts or devices of
warm air heating, residential air conditioning and ventilating equipment
or systems as above defined which are a part of such systems or connected
with them.
D. As used in this Ordinance, "reasonably safe to persons and
property" as applied to warm air heating, residential air conditioning
and ventilating installations and equipment, means safe to use in the
service for which the installation or equipment is intended without
unnecessary hazard to life, limb or property.
SECTION 2c INSPECTOR - QUALIFICATIONS AND APPOINTMENT.
There is hereby created the office of Warm Air HeatingP Residential
Air Conditioning and ventilating Inspector, hereafter referred to as the
Inspector.
The person chosen to fill the office of Inspector shall be of good
moral characters shad be possessed of such executive ability as is
requisite for the performance of his duties and s:a::l have a thorough
knowledge of the standard materials and methods used in the installation
of warm air heating, residential air conditioning and ventilating equip-
ment or system: shall be well versed in approved methods of construction
for the safety to persons and property, the Statutes of the State of
Indiana relating to warm air heating, residential air conditioning and
ventilating work, and any rules, orders and regulations issued by the
authority thereof, and the current mana-mls of the National ?farm Air Heating
and Air Conditioning Association, 145 Public Square, Cleveland. Ohio and
the Guide for Installers as issued by the American Gas Association, and
all local regulations and ordinances, shall have had at least six years
experience in the lines of warm air heating, residential air conditioning
and /or ventilating installation for which he would be responsible as
Inspector, or in lieu of such experience shall be a graduate of some
recognized Heating, air conditioning and ventilating college or univer-
sity, and in addition shall have three (3) years practical experience
in warm air heating, residential air conditioning and ventilating
installations.
The Inspector shall be appointed by the Mayor as provided by law,
The Inspector shall have police powers restricted to the enforcement of
this Ordinance only.
The salary to be paid to the Inspector shall be determined by the
Mayor and City Council. Before entering upon the discharge of his duties,
he shall file a bond in the sum of One Thousand ($$1,000) Dollars payable
to the City of South Bend, said bond to be approved by the Mayor and filed
with the City Controller and conditioned upon the faithful performance of
his duties. The Inspector shall also take and subscribe an oath, which
together with the certificate of his appointment, shall be filed with the
City Clerk. The office of the Inspector shall be combined with the
Electrical Inspection Department.
SECTION 3. DUTIES OF THE INSPECTOR.
It shall be the duty of the Inspector to enforce the provisions of
this Ordinance. He shall, upon application grant permits for the in-
stallation or alteration of warm air heating, residential air conditioning and
ventilating equipment or system, and shall make the inspections of warm
air heating, residential air conditioning and ventilating installations, all
page 2.
as provided in this Ordinance. He shall keep complete records of all
permits issued, inspections, and re— inspections, and other official work
performed in accordance with the provisions of the Ordinance. He shall
also keep on file a list of inspected warm air heating, residential air
conditioning and ventilating appliances issued by or for Underwriters
Laboratories, Inc. or approved by American Gas Association, which lists
shall be accessible for public reference during regular office hours.
The Inspector is empowered to employ, after receiving the approval
of the Mayor, any assistants necessary for the proper conduct of his
office and the inspection of warm air heating, residential air conditioning
and ventilating installations as 'provided for in the Ordinance. The
salary of such assistants shall be determined by the Mayor and the City
Council.
It shall be unlawful for the Inspector or any of his assistants to
engage in the business of the sale, installation or maintenance of warm
air heating, residential air conditioning or ventilating equipment or
systems, either directly or indirectly, and he shall have no financial
interest in any concern engaged in such business at any time while holding
such office as herein provided for.
Fire Depak'meni Inspectors shall be authorized to act as inspectors
under the jurisdiction of the ;farm Air Heating) Residential Air Conditioning
and Ventilating Examining Board and shall have the same powers as the
Heating Inspect04
A list of inspections completed shall be furnished the Fire Department,
SECTION 4. AUTHORITY OF THE INSPECTOR.
The Inspector shall have the authority to make Warm Air Heating,
Residential Air Conditioning or Ventilating Inspections and when any
warm air heating, residential air conditioning or ventilating equipment or
system is found by the Inspector to be dangerous to persons or to property
because it is defectively installed, the person, firm or corporation
responsible for the warm air heating, residential air conditioning or
ventilating equipment or system shall be notified in writing and shall
change or repair it in the judgement of the Inspector to place such equip-
ment in safe condition and if such work is not completed within 48 hours or
any longer period that may be specified by the Inspector in said notice,
the Inspector shall have the authority to disconnect or to order the dis-
continuance of service to said warm air heating, residential air conditioning
or ventilating equipment or system and shall place a red violation tag on
the equipment.
In cases of emergency, where necessary for safety to persons or pro-
perty, or where warm air heating or residential air conditioning equipment
may interfere with the work of the fire department, the Inspector shall
have the authority to immediately disconnect or cause the disconnections
of any heating equipment.
The Inspector may delegate any of his powers or his duties to any of
his assistants.
SECTION 5. WARM AIR HEATING, RESIDENTIAL AIR CONDITIONING AND
VENTILATING EXAMINING BOARD CREATED.
There is hereby created a Warm Air Heating, Residential Air Con-
ditioning and Ventilating Examining Board of the City of So»th Bend,
hereinafter designated as the "Board" which shall consist of five (5)
members to be appointed by the Mayor, as follows: Three (3) members shall
be Class A Contractors, one (1) member shall be a professional heating
engineer and one (1) member shall be the City Engineer. Of the five (5)
members appointed, two (2) shall serve for a term of one (1) year, two (2)
for a term of two (2) years, and one (1) for a term of three (3) years,
and thereafter each appointment shall be for a term of three (3) years or
until a successor is appointed. The Mayor shall appoint one of the members
to act as chairman of the Board. Any appointed member may be removed
page 3•
from office by the Mayor. Each appointed member shall receive the sum
of Five ($5) Dollars for each day during which he attended a meeting of
the Board, except the City Engineer appointed to the Board, who shall serve
without pay.
Records of the meetings'of the Board shall be kept open to the public
for inspection at all times. The Board shall keep a record of all
licenses and certificates and shall have printed a manual of its rules
and regulations for the conduct of examinations.
SECTION 6. DUTIES AND AUTHORITY OF BOARD.
The Board shall hold a regular meeting twice during each year on the
second Monday in January and the Second Monday in July, at the call of
the Chairman of the Board, for the examination of applicants for licenses
providing any such applications are pending. It shall be the duty of the
Board to examine the reports of persons, firms and corporations who apply
for licenses; to issue certificates therefore to qualified applicants who
have paid the prescribed fees and to revoke or suspend any license on the
grounds set forth in this Ordinance.
New licenses or renewals shall not be issued without written approval
of the Board.
The Board shall supervise the Warm Air Heating, Residential Air
Conditioning and Ventilating Department. The Board shall establish.the
necessary rules and standards for the operation of the department, in-
cluding the standard of inspections equipment and its installation and the
rules for the operation of the Departments
Continued disregard of instructions by the Board shall be sufficient
reason for the Board's recommendation to the Mayor that such employees
be dischargedi
Four (4) members of the Board present at any meeting shall constitute
a quorum for any meetingts transaction of business, but any action taken
at any meeting shall require the affirmative vote of at least four (4)
members.
SECTION 7. STANDARDS FOR THE INSTALLATION OF WARM AIR HEATING,
RESIDENTIAL AIR CONDITIONING AND VENTILATING
EQUIPMENT.
All installations of warm air heating, residential air conditioning
and ventilating equipment or system shall be reasonably safe to persons
and property and in conformity with the provisions of this Ordinance.
Conformity of installations of warm air heating, residential air
conditioning and ventilating equipment or system with this Ordinance and with
applicable regulations set forth in the rules, regulations and statutes of
the State of Indiana, the current manuals of the National Warm Air Heating
and Air Conditioning Association, and the Guide for Installers as issued
by the American Gas Association and the Local Electrical Ordinance #3913
shall be prima facie evidence that such installations are reasonably
safe to persons and property.
The Board shall have the power to grant permits for trial installat-
ions of new types of warm air heating, residential air conditioning or
ventilating equipment or system or any new methods of installing such
equipment.
All gas equipment must be installed according to the American Gas
Association rules and regulations for the particular type of equipment
being installed.
Gas lines shall be run to within 12" of the gas meters only.
Connections into the gas meter by the installing contractor shall be
made only with special permission of the Utility and the Inspector.
page 4.
Unless factory assembled within the housing of the unit, main gas
shut-off valve shall be located a minimum of four (4) feet above the floor.
When gas conversion burners are installed in any type of warm air
heating equipment, the bottom of the draft diverter shall be above the
highest point of the heat exchanger.
An approved electric switch shall be installed on warm air heating
or residential air conditioning device or equipment for the purpose of
disconnecting all undergrounded conductorst
All electrical wiring for warm air heating, residential air con-
ditioning or ventilating equipment or system shall be installed by a
licensed electrical contractor and in conformity with the local electrical
ordinance.
A separate electrical circuit of proper voltage and capacity shall be
run from the main service to warm air heating and residential air con -
ditioning equipment or systeml This circuit shall be used for this equip-
ment onlyl
Oil tanks or other equipment shall not be placed within three (3)
feet of the eledtriettervice fuse panels or breakers.
The location of kitchen ventilating fans when vented by duct system
shall be placed at least four (4) feet above cooking unit. If vented
directly through an outside wall with no duct system except the fan
housing, no regulation as to location is hereby specified.
INSTALLATION - OIL BURNING EQUIPMENT
(Burners, Controls, Apparatus, etei)
le Combus�,ion,:Safoguards. Each oilburner shall be provided with an
approved automatic combustion safeguard which will effectively
prevent the abnormal discharge of oil in case of ignition failure
or flame failure.
a. Hcat vaporization burners shall be provided with an approved
constant level and anti - flooding device.
b. Oil burners other than heat vaporization burners whose firing
rate does not exceed five (5) gallons per hour shall be provided
with an approved combustion safeguard device whose main burner
trial- for - ignition or flame failure timing period does not exceed
two (2) minutes.
c. Oil burners whose firing rate exceeds five (5) gallons per hour
shall be provided with an approved combustion safeguard whose
main burner trial- for - ignition timing does not exceed sixty (60)
seconds.
2. Domestic Type Rotary Vaporization Burners. Domestic Type vaporization
burners which operate on the vertical rotary principal shall be pro-
vided with constant level device arranged so as to prevent an abnor-
mal supply of oil to the burner.
3. Limit Controls. All oil burning equipment shall be provided with an
approved means of automatically shutting off the burner when the
limits of temperature and /or pressure hereinafter specified are ex-
ceeded; except that this requirement shall not apply to oil fired
room heaters. In the case of a heat vaporization burner, this
control may place the burner on low -flame operation.
a. The setting of the limit control on a mechanical warm air furnace
shall not exceed 20OF except by special permission of the
Department.
b. The setting of the limit control on a gravity warm air furnace
shall not exceed 300F. _-
4. Low Water Fuel Cutoff. As required by the American Socisty of
Mechanical Engineers Boiler Code, a low water fuel cutoff shall be
page 5.
installed in accordance therewith on all oil fired steam boilers.
5,. Limit Control & Low ?Water Fuel Cutoff in Main Circuit. Limitr
Controls and low water fuel cutoffs which, by operating, interrupt.
the electric power supply to the burner shall be so arranged as to
open the main line current supply to the burner, whether the switch -
ing is integral with the sensing element or remote from same.
6. Combustion Air - Oil Interlock. In installations equipped with forced
or induced draft fans, or both, approved means shall be provided to
immediately shut off the oil supply upon air supply failure. Controls
actuated by failure of the power supply to the blower motor do not
meet this requirement. This does not apply to heat vaporization
burners listed by Underwriters' Laboratories, Inc.
7, Grade of Fuel Oil. The grade of fuel oil used with any burner shall
be one which tests and experience show to be suitable for use with
that burner. The oil shall have a flash point not less than 11OF
when tested by the Pensky - Martins Closed Cup Testing Method, and shall
be free from acid, grit and-fibrous or other foreign matter likely to
clog or injure the burners or valves.
8. Fuel for Gas Pilot. The use of any fuel other than natural gas in the
gas pilot of any fuel oil burner is prohibited without special permis-
sion of the Department.
9. Gas Pilot Piping. Gas pilot supply piping shall be provided with an
approved shut -off valve near the pilot burner, with an approved
properly vented gas pressure regulator and shall conform with Article
%II on gas piping.
10. Ventilation of Trapped Vapors. Ventilation shall be provided to pre-
vent the accumulation of any trapped vapors below the combustion
chamber.
11. Oil Preheaters.. Preheating of oil, where necessary, shall be done by
steam, hot watery or approved electric heaters. Heaters shall be
substantially constructed with all joints made oil tight. Thermostats
shall be installed at suitable locations to indicate the temperature
of the heated oil. Heaters shall be by- passed or provided with
suitable means to prevent abnormal pressure. Means shall be provided
to prevent introduction of oil or other liquid harmful to boiler
operation into the boiler.
12. Oil Strainers. Oil supply lines to burners shall be provided with
approved strainers.
SECTION 8. LICENSES REQUIRED.
Except as otherwise provided in Section One (1), no person, firm or
corporation shall in any manner undertake to execute or perform any work
of installing, maintaining, or altering or repairing any warm air heating,
residential air conditioning or ventilating equipment or system unless such
person, firm or corporation is the holder of a Class A Warm Air Heating,
Residential Air Conditioning or Ventilating Contractor's License as
defined, and has a certificate therefore as provided for in Section Nine
(9) of this Ordinance; nor shall any person, firm or corporation execute
or perform such work otherwise than as specifically permitted under the
class of license held by such person, firm or corporation except that such
provision shall not apply to any person employed by and working under the
direction of a holder of a Class A ?Warm Air Heating, Residential Air
Conditioning and Ventilating Contractor's License.
SECTION 9. CLASSES OF LICENSES.
Four (4) classes of licenses and certificates which shall be known
respectively as Class A: Warm lair Heating, Residential Air Conditioning
and Ventilating Dealer License; Class B: for the sale and installation
of conversion burners in existing furnaces; Class C: Journey men Warm
page 6.
Air Heating, Residential Air Conditioning and Ventilating employees
license; and Class D: Warm Air Heating, Residential Air Conditioning and
Ventilating Dealers License.
Class "A" Warm Air Heating, Residential Air Conditioning and Ventilating
Contractor's License:
The holder of a Class "A" Warm Air Heating, Residential Air Condition-
ing and Ventilating Contractor dealer License shall maintain an office and
have a business telephone in St. Joseph County and shall be principally
engaged in the business of warm air heating, residential air conditioning
or ventilating contracting, and it shall entitled the holder, any person,
firm or corporation, or their employees, to perform warm air heating,
residential air conditioning and ventilating contracting work and to sell
approved warm air heating, residential air conditioning and ventilating
apparatus and devices.
Class 'B" Warm Air Heating, Residential Air Conditioning and Ventilating
Contractor's License:
The holder of Class U131 License is defined as a Master Plumber who
is actively engaged in the steam and hot water contracting business and
holds a Master Plumbers License in the City of South Bend. A Class "B"
License is issued for the installation of conversion burners in existing
furnaces.
Class "C" Journeyman Warm Air Heating, Residential Air Conditioning and
Ventilating Employees:
A Warm Air Heating, Residential Air Conditioning and Ventilating
employee's license may be issued to any individual upon a payment of a
license fee of $2.00 per annum, provided that such individual shall be
certified to the Controller of the City of South Bend, as an employee of
a person, firm or corporation holding a Class "A" or a Class "B" contractor
license.
Class "D" Dealers License:
Authorizing the sale of (Underwriters Laboratories or American Gas
Association) approved devices, apparatus or appliances designed for the
attachment to or installation of any warm air heating, residential air
conditioning or ventilating equipment or system,
Any person, firm or corporation who sells or offers for sale (At
Retail) any warm air heating, residential air conditioning or ventilating
device, apparatus or equipment, designed for the attachment to or instal-
lation on any warm air heating, residential air conditioning or ventilating
duct, pipeing or system for warm air heating, residential air conditioning
or ventilating, must have a license for each place of business conducted
by such person, firm or corporation, provided that such licensep,make a
temporary demonstration on such articles elsewhere than at his licensed
place of business without having license for such place of temporary
demonstration.
The (retail) sale of furnaces, space heaters, stokers, oil burners,
air conditioners, ventilating equipment and devices shall be reported to
the Inspector within forty -eight (48) hours after sale.
SECTION 10. FEES FOR LICENSES AND EXPIRATION,
Any firm, person or corporation applying for a Class "A" License as
required by this Ordinance shall before being granted a license, give,
execute and deliver a surety bond to the City of South Bend, in the
penal sum of One Thousand ($1,000) Dollars to be approved by the City
Attorney and conditioned upon the faithful compliance with the Ordinance
and laws regulating warm air heating, residential air conditioning and
ventilating work and apparatus, with an agreement to pay all damages, costs
and expenses that may be caused by the negligence of such person, firm or
corporation through failure to comply with the provisions of said Ordinance.
page 7.
Before a license is granted to any Class "A" applicant - a fee of One
Hundred ($100) Dollars shall be paid and before any Class "A" expiring
license is renewed, a fee of Twenty -Five ($25) Dollars shall be paid, A
fee of Ten ($10) Dollars shall be paid for a Class "B" License and before
a Class "B" license is renewed, a fee of Five ($5) Dollars shall be paid.
A yearly kee.of Two (,5"2) Dollars shall be paid for each emploveVNo any
Class "A" or Class "B" Contractor. A fee of Twenty -five ($25) Dollars shall
be paid for a Dealers License and before any Dealer's license is renewed
a fee of Fifteen ($15) Dollars shall be paid.
All licenses shall expire yearly on the 31st day of December and
must be renewed before January 11th to remain valid.
SECTION 11. APPLICATION FOR LICENSES.
Each application for a Class "A" License shall be made in writing to
the Board thirty (30) days before the examination date, stating the class
of license applied for, the name and place of business of the applicant
and the names of the representatives of the applicant responsible for the
work to be done under the license. An examining fee of Ten ($10) Dollars
shall be paid when application is made.
SECTION 12. EXAMINLTIONS.
The person designated by the application for a Class "A" license shall
be examined by the Board as to his knowledge of the rules and regulations
for the installation of warm air heating, residential air conditioning and
ventilating equipment or system as set forth in the Ordinance and in the
current manuals of National Warm Air Heating and Air Conditioning Association,
145 Public Square, Cleveland, Ohio, The American Gas Association "Guide for
Installers" and rules, regulations and statutes of the State Fire Marshall
and to determine the general qualifications and fitness of the applicant for
executing the class of work covered by the license applied for.
In order to obtain a license in Class "A" the person applying therefor
must furnish satisfactory evidence to the Board that he is of good
character and sufficient education, must not be less than twenty -one (21)
years old for a Class "A" license, and has not had less than four (4)
years experience in the installation, repair and /or maintenance of warm
air heating, residential air conditioning and ventilating equipment or
systems, apparatus and appliances, and shall secure a grade of not less
than seventy -five (75 %) percent in a written examination of not less than
twenty -five (25) questions which shall be questions that will show ability
and fitness for the license desired. The applicant shall be required to
furnish the examining board certified letters from former employers that
he has had the above mentioned four (4) years experience.
The Class "A" License is granted for a probationary period of ninety
(90) days in which time license holder by practical application must prove
his ability to execute the mechanics of the examination from which he
secured his passing grade.
The person, firm or corporation designated for the Class "B" License
shall obtain the same without a written examination.
The examination shall be in writing and a complete record of every
examination given shall be kept on file until three (3) years after the
date of the examination.
FAILURE TO PASS AN EXAMIN.tTIONI
Should an applicant fail to pass an examination, said applicant may
be re- examined upon submitting application in writing at least
thirty (30) days prior to the next examination date and accompanied by
the Ten ($10) Dollar examination fee.
SECTION 13. HOLDIM- OF LICENSE.
The holder of the license shall be the person, firm or corporation
page S.
to whom the license is issued. The same person shall not be designated
as representative in two or more licenses issued to different persohs,
firms or corporations.
SECTION 14. CHi:NGE OF REPRESF,NTATIVE.
In the event that the business association of the representative
with, or employment of the representative by the holder of
the license shall terminate, the holder of the license shall immediately
notify the Board of such termination and said license shall become null
and void ten (10) days after the next regular examination date. A new
license shall be issued to the holder of the expired license in accord-
ance with the provisions of the foregoing sections of this Ordinance,
except that no fee shall be charged for the unexpired term of said
license,
SECTION 15. OERTIFICATFS.
Each certificate for a license shall specify the name of the person,
firm or corporation to whom the license is issued, the name of the
persons designated as the representativep and the expiration date.
Each holder of a license shall keep his, their or its certificate
of license displayed in a conspicuous place in his, their or its
principal place of business.
SECTION 16. PERMITS.
No warm air heatingy residential air conditioning or ventilating
equipment or system shall be installed within or on any building structure
or premises publicly or privately owned, nor shall any alteration or
addition be made in any existing equipment without first securing a permit
therefor from the Inspector.
SECTION 17, FEES FOR PERMITS 111D INSP?CTIONS.
Before any permit is granted for the installation or alteration of
warm air heating, residential air conditioning or ventilating equipment
or system, the person, firm or corporation making application for such
permit shall pay the clerk a fee in such amount as specified below:
A. For each unnecessary trip of inspection caused by defective or
incorrect information, a charge of 62.00 shell be made in
addition to the regular fee.
B. Coal; oil or gas fired furnace, residential air conditioner of
1 ton or more and ventilating equipment $5.00 each
Oil or gas conversion burners up to
300,000 input $3.00 each
Oil or gas conversion burners over
300,000 input $5.00 each
Stokers $3.00 each
Repairs or alteration over $100.00 $3.00 each
Residential Air Conditioners or
Window coolers to 1 ton $3.00 each
Fixed space heaters - floor furnaces -
wall heaters $3.00 each
Room'space heaters
$1.00 each
C, If any person, firm or corporation shall unlawfully do any
work covered by this Ordinance without obtaining a permit,
page 9.
he or they shall pay the above fee with a penalty of $5.00
and the payment of such penalty shall not release him or
them from other penalties provided for in this Ordinance.
D. It shall be unlawful for any licensee to secure a permit under
his or his firms name to enable any person not a bona -fide
employee or person or firm holding a license to do warm air
heating, residential air conditioning or ventilating work.
Said viole.tion shall be considered as sufficient grounds
for revocation of license.
SECTION 18. INSP -CTION i;ND CERTIFICLTES.
Upon completion of any installation of warm air heating, residential
air conditioning or ventilating equipment or system which has been made
under a permit, it shall be the duty of the person, firm or corporation
making the installation to notify the Inspector, who shall inspect the
installation within forty -eight (48) hours, exclusive of Saturdays, Sundays
and holidays, of the time such notice is given or as soon thereafter as
practicable.
When the Inspector finds the installation to be in conformity with
the provisions of this Ordinance, he shall attach to the equipment a
certificate of approval in the form of a four (4) section tag, three
sections of which shall be perforated for removal. The owners section
shall remain attached to the equipment. Section one shall be removed
by the Inspector and retained in file for a permanent record of inspect-
ion. Section two shall be removed by fuel supplier as authority to
supply fuel for the equipment. Section three shall be removed by the
installing contractor (Class "! °) for his records. Each section shall
bear the same serial number and address. Section one to be signed by the
person removing sections two, three and four.
When temporary certificate of approval is issued authorizing the
connection and use of the equipment for emergency use, such certificates
shall be issued to expire at a time to be stated thereon and shall be
revocable by the Inspector.
14hen any warm air heating, residential air conditioning and ventilating
equipment is to be hidden from view by the permanent placement of parts
of the building, the person, firm or corporation installing the equipment
shall notify the Inspector, and such equipment shall not be concealed until
it has been inspected, and approved by the Inspector; provided that on
large installations where the concealment of equipment proceeds continuously,
the person, firm or corporation installing the equipment shall give the
Inspector due Notice and inspections shall be made periodically during
the progress of the work.
If, upon inspection) the installation is not found to be fully in
conformity with the provisions of this Ordinance the Inspector shall at
once forward to the person, firm or corporation making the installation,
notice to make the necessary correction within 48 hours and call for
re- inspection.
SECTION 19. CONNECTIONS TO INSTILLdTIONS.
It shall be unlawful for any person, firm or corporation to make
connection for a supply of coal, oil or gas or to supply coal, oil or
gas to any warm air heating equipment for the installation of which a permit
is required or which has been disconnected or ordered to be disconnectedt
by the Inspector, or until approval has been issued by the Inspector,
authorizing the connection and use of such equipment. !11 services that
have been disconnected, shall not be re- connected until approval is
issued by the Inspector.
page 10.
SECTION 20. BOJ'M OF REVIE64.
There is hereby created a Board of Review which shall consist of the
members of the Examining Board. Tho Board shall be paid the sum of Five
($5.00) Dollars per member for each day of service. Any person, firm or
corporation may register an appeal with the Board of Review for a review
of any decision of the warm air heating Inspector provided that such appeal is
made in writing within ten (10) days cfter such person, firm or corporation
shall have been notified of such decision by the Inspector. Upon receipt
of such appeal, the said Board shall proceed to determine whether the
action of the Inspector complies with this ordinance and within ten (10) .
days shall make a decision in accordance with its finding. Fear (4)
members of the Board present at any meeting shall constitute a quorum
for the transaction of business, and any action taken at any meeting
shall require the affirmative vote of at least four (4) members. The
decision of the Board shall be finali
SECTION 211 REVOCATION AND SUSPEI+SION OF LICENSES AND CERTIFICATES.
No license or certificate issued in accordance with the provisions
of this Ordinance shall be assignable or transferable. Any such license
may, after hearing be suspended for a definite length of time, or re-
voked by the Board of Review, if the person, firm or corporation holding
such license wilfully or by reason of incompetence, violates any Ordin ^nce
of the City of South Bend, or any statute of the State of Indiana, relating
to the installation, maintenance, alterations or repair of warm air heating,
residential air conditioning or ventilating equipment or system, or any
orders, rules or regulations issued by authority thereof.
SECTION 22. PENALTIES.
Any person, firm or corporation who shall violate any of the provisions
of this Ordinance shall be guilty of a misdemeanor and upon conviction
hereof shall be punished by a fine of not less than Ten ($10.00) Dollars,
nor more than One Hundred($100.00) Dollars for each offense, together with
the costs of the prosecution, and if such person, firm or corporation is
the holder of any license provided for in this Ordinance such conviction
shall have the effect of suspending said license until such time as such
suspension shall have been lifted by the Board.
SECTION 23. LIABILITY FOR DAti.GE.
This Ordinance shall not'be construed to relieve from or lesson the
responsibility or liability of any party owning, operating, controlling or
installing any warm air heating, residential air conditioning and ventil-
ating equipment or system for damages to persons or property, caused by
any defect therein, nor shall the City of South Bend, be held as assuming
any such liability by reason of the examination authorized herein
or by the license and certificate therefor issued as herein provided.
SECTION 24. VALIDITY.
I£ any section, sub - section, sentence, clause or phrase of this Ordinance
is, for any reason, held to be unconstitutional, such decision shall not
affect the validity of the remaining portion of this Act. The City Council
of the City of South Bend, hereby declares that it would have passed this
Ordinance and each section, sub - section, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, sub - sections,
sentences, clauses or phrases be declared unconstitutional.
SECTION 25. REPEAL OF CONFLICTING ORDINANCES.
All Ordinances or parts of Ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
let L• 2nd AEGP;JjA&3'a1y- -r9
SECTION 26. EFFECTIVE DATE.
COW TTEE $F F;i=
PUKIC HE0111; is Ordinance shall be in full force and effect from and after its
tion, approval by the Mayor and legal,,publication.
3rd Y.s S �
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02 G s'3 bar of the Common Council
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