HomeMy WebLinkAboutSafeguarding Persons and Property and Promoting the Welfare of the Public: Creating the Office of Warm Air Heating etc.i
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ORDINANCE N o. 5945 (AS AMENDED)
Passed by the Common Council of the City of South Bend,
ie 5,: c
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.City Clerk
Deputy
of Common Council
Presented by me to the Mayor of the City of South Bend,
NOVEMBER
MAYME DUMONT City Cler
Deputy
Approved and signed by me NOVEMBER 10TH, �93F3
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ORDINANCE NO. 3945
(AS AM7NDED)
AN ORDINANCE FOR SAFEGUARDING PERSONS AND PROPERTY AND PROMOTING THE
WELFARE OF THE PUBLIC: CREATING THE 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 WARN: AIR HEATING, RESIDENTIAL AIR CONDITIONING AND VENTILATING
EQUIPMENT AND FOR ITS INSTALLATION AND REQUIRING CONFORMITY THEREWITH:
IVIAKING IT UNLAT^,'FUL TO UNDERTAKE THE INSTALLATION OF OIL AND GAS BURNERS,
SPACE HEATERS, WARM AIR HEATING, RESIDENTIAL AIR CONDITIONING OR VENTI-
LATING EQUIPMENT WITHOUT A PRRMIT THEREFORE, AND CREATING A WARM AIR
HEATING, RESIDENTIAL AIR CONDITIONING AND VENTILATING EXAMINATION BOARD
AND A BOARD OF REVIEW AND PRESCRIBING THEIR DUTIES: PROVIDING FOR THE
LICENSING OF PERSONS,, F'IRIMS A:IDCORPORATIONS UNDERTAKING THE SALE OR
INSTALLATION OF WARM AIR HEATING, RESIDENTIAL AIR CONDITIONING AND
VENTILATING EQUIPMENT AND WARM AIR DATING, RESIDENTIAL AIR CONDITIONING,
AND VENTILATING CONTRACTORS AND DEALERS IN WARM AIR HRhTING, RESIDENTIAL
AIR CONDITIONING AND VENTILATING EQUIPMENT AND MAKING IT UNLAWFUL TO
UNDERTAKE THE SALE OR INSTALLATION OF WARM AIR BEf;TING, RESIDENTIAL AIR
CONDITIONING AND VENTILATING EQUIPMENT 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.
nHEREAS, THERE HAVE BEEN COMPLAINTS OF IMPROPER AND UNSAFE TARM AIR
HEATING, RESID0TIAL AIR CONDITIONING A'D VENTILATING INSTALLATIONS, SOME
OF v:THICH ENDANGFRED THE HEALTH AND SAFETY OF CITIZENS OF THIS COMMUNITY,
AND
WHEREAS, THE STATE OF INDIANA HAS BY THE ADOPTION AND PROMUL.ATION OF
A CODE, CREATED NEW AND HIGHER STANDARDS FOR 7ARM AIR BEATING, RESIDENTIAL
AIR CONDITIONING AND VENTILATING SYSTEMS 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 WnRM AIR HEATING, RESIDENTIAL AIR CONDITIONING
AND VENTILATING SYSTEMS IN AN IMPROPER MANNER OR DANGEROUS MANNER.
NOW THEREFORE, BE IT ORDAINED BY THE COIvMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA THAT:
SECTION I.
L. Person as.he?eih 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. Heating, 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
heating, air conditioning, and ventilating 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 heating, 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 2. INSPECTOR - QUALIFICATIONS AND APPOINMM.
There is hereby created the office of Warm Air Heating, 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 character, shall be possessed of such executive ability as is
requisite for the performance of his duties and shall have a thorough
knowledge of the standard materials and methods used in the installation
of heating, air conditioning and ventilating equipment: 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 heating, air
conditioning and ventilating work, and any rules, orders and regulations
issued by the authority thereof, and the current manuels of the National
`%darm Air Heating and Air Conditioning Association, 145 Public Square,
Cleveland, Ohio and the Guide for Installers as issued by the American
Gas Association State and House regulations and ordinances, shall have
had at least six years experience in the lines of heating, air conditioning
and ventilating installation for which he would be rosponsible as
Inspector, or in lieu of such experience shall be a graduate of some
recognized Heating, air conditioning and ventilating college or university,
and in addition shall have three (S) years practical experience in heating,
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 i4ayor 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 heating, air conditioning and ventilating
equipment, and shall make the inspections of heating, air conditioning
and ventilating installations, all 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 1 also keep on file a list of.
inspected heating, -air donditioning and ventilating appliances' issued
by or for Underwriters LaboratpriesJ Ino. or approved by American Gas
Association) which,lists shall be accessible for public reference during
regular office hours.
The Inspector is empov,ered to employ, after receiving the approval
of the Mayor, any assistants necessary for the proper conduct of his
office and the inspection of heating, 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 heat-
ing, air conditioning or ventilating equipment, either directly or in-
directly, 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.
SECTION 4. AUTHORITY OF THE INSPECTOR.
The Inspector shall have the authority to make heating, air condition-
ing or ventilating inspections and when any heating; air conditioning or
ventilating equipment 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 heating, air conditioning or ventilating
eo_uiprient shall be notified in writing and shall change or repair it in
the judgement of the Inspector to place such equipment 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 discontinuance of service
to said heating, air conditioning or ventilating equipment and shall place
a red violation tag on the equipment.
In cases of emergency, where necessary for safety to persons or
property, or where heating br air conditioning equipment may interfere *ith
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. HEATING, AIR CONDITIONING AND VENTILATING
EXA1uINING BOARD CREATED.
There is hereby created a Heating, Air Conditioning and Ventilating
Examining Board of the City of South Bend, hereinafter designated as the
"Board" which shall consist of five (5) members to be appointed by the
Mayor, as follows: Four (4) members shall be Class it Contractors and one
(1) member shall be a professional heating 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 SS32 years,
and thereafter each appointment shall be for a term of three l3) 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
from office by the Idayor. Each appointed member shall receive the sum of
Five ($5) Dollars for each day during which he attended a meeting of the
Board.
Records of the meetings of the Board shall be kept open to the pub Pic
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 regu-
lations 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
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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 Heating, Air Conditioning and Ventilating
department. The Board shall establish the necessary rules and standards
for the operation of the department, including the standard of inspection,
equipment and its installation and the rules for the operation of the
department:
Continued disregard of instructions by the Board shall be sufficient
reason for the Board's recommendation to the Mayor that such employees
be discharged.
Three (3) members of the Board present at any meeting shall constitute
a quorum for any meeting's transaction of business, but any action taken
at any meeting shall require the affirmative vote of at least three (3)
members.
SECTION 7. STANDARDS FOR THE INSTALLATION OF HEATING, AIR
CONDITIONING AND VENTILATING EQUIPI�:EATT:
All installations of heating, air conditioning and ventilating
equipment shall be reasonably safe to persons and property and in con-
formity with the provisions of this Ordinance.
Conformity of installations of heating, air conditioning and ven-
tilating equipment with Ordinance Bind with applicable regulations set
forth in the rules, regulations and statutes of the State of Indiana, the
current manuals of the National 'Harm 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 porsons and
property.
The Board shall have the power to grant permits for trial installat-
ions of new types of heating, air conditioning or ventilating equipment
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. Connect-
ions into the gas meter by the installing contractor shall be made only
with special permission of the Utility and the Inspector.
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.
Rhen gas conversion burners are installed in any type of heating egTip-
ment, the bottom of the draft diverter shall be above the highest_ point
of the heat exchanger.
An approved electric switch shall be installed on heating or air
conditioning device or equipment for the purpose of disconnecting all
undergrounded conductors.
All electrical wiring for heating, air conditioning or ventilating
equipment 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 heating and air conditioning equipment. This
circuit shall be used for this equipment only.
Oil tanks or other equipment shall not be placed within three (3) feet
of the electric service fuse panels or breakers.
The location,of kitchen ventilating fans when vented by duct system
shall be placed A least four (4) feet above cooking unit. If vented
directly through an outside wai'1 with no duct system except the fan,
housing, no regulation as to location is hereby specified.
INSTALLATION - OIL BUW..,'=g 701j 410T
(Burners, Controls, Apparatus, ate)
1. Combustion Safeguards. Each oilburner shell be provided with an
approved automatic combustion safeguard which will effectively proven-c
the abnormal discharge of oil in case of ignition failure or flame
failure.
a. Heat 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, d
hex- �16')"aesortde.
2. Domestic Type Rotary Vaporization Burners. Domestic Type vaporization
burners which operate on the vertical rotary principal shall be pre -
vided with constant level device arranged.so as to prevent an abnor-
mal supply of oil to the burner.
3. Limit Controls. till oil burning equipment shall be provided with an
approved means of automatically shutting off the burner when the
limits of temperature and /or pressure here inafter.specified are ex-
ceedod; except that this requirement shall not apply to oil fired
foom 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.
c. The setting of the limit control on a steam boiler shall not
exceed the allowable working pressure of the boiler.
d. The setting of the limit control on a boiler or heater used in
connection with a hot water heating or a hot water supply
system shall not exceed 20OF except by special permission of
the Department.
4. Low Water Fuel Cutoff. As required by the American Society of
Mechanical ngineers boiler Code, a low water fuel cutoff shall be
installed in accordance therewith on all oil fired steam boilers.
5. Limit Control & Low Mater Fuel Cutoff in 114ain Circuit. Limit
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 net
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 ogperience 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 cther foreign matter likely'to
clog or injure the burners or valves.
S. 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
XII 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 water, or approved electric heaters. Heaters shall be
substantially constructed with all joints made oil tight. ThermoW.t�:
shall be installed at suitable locations to indicate the temperature
of the heated oil. Heaterp shall be by- passed or provided with
suitable means to prevent abnormal pressure. Mc ans 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 Heating. Air
Conditioning or Ventilating equipment unless such person, firm or cor-
poration is the holder of a Class B Heating, air conditioning or ven-
tilating Contractor's License as defined, and has a certificate therefore
as provided for in Section ;dine (9) of this Ordinance; nor shall any
person, firm or corporation execute or perform such work otherwise that
as specifically permitted under the class of license held by such person,
firm or corporation except that such provision khall not apply to any
person employed by and working under the direction of a holder of a Class
A Heating, Air Conditioning and Ventilating Contractor's License..
SECTION 9. CLASSES OF LICENSES..
Three (3) classes of licenses and certificates which shall be known
respectively as Class A: Heating, air conditioning and ventilating dealer
license; and Class C; Journey men Heating, air conditioning and ventilating
employees license; and Class D Heating, air conditioning and ventilating
Dealers License..
Class "A" Heating, air conditioning and ventilating Contractor's License:
The holder of a Class "!_" Heating, air conditioning and ventilating
Contractor dealer License shall maintain an office and have a business
telephone in St. Joseph County and shall b, principally engaged in the
business of Heating, air conditioning or ventilating contracting, and it
shall entitle the holder, any person, firm or corporation, or their
employees, to perform Heating, Air conditioning and ventilating contracting
work and to sell approved Heating, Air Conditioning and Ventilating
apparatus and devices.
Class "C" Journeyman Heating, Air Conditioning and Ventilating Employees.
A Heating, 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 contractor dealer 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 Heating, Air Conditioning or Ven-
tilating equipment.
Any person, firm or corporation who sells or offers for sale (At
Retail) any Heating, Air Conditioning or Ventilating device, apparatus
or equipment, designed for the attachment to or installation on any
heating, airconditioning or ventilating duct, pipeing or system for
heating, air conditioning or ventilating, must have a license for each
place of business conducted by such person, firm or corporation; pro-
vided that such licenseQ(ma make a temporary demonstration on such
articles elsewhere than at Its 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 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 heating, 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.
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 yearly fee of Two ($2.00) Dollars shall be paid for each employee of
any Class "A" Contractor. A fee of Twenty -five ($25.00) Dollars shall
be paid for a Dealers License and before any Dealer's license is re-
newed a fee of Fifteen ($15.00) 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
cork to be done under the license. An examining fee of Ten ($10.00)
Dollars shall be paid when application is made.
SECTION 12. EXAMINATIONS.
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 Heating, Air Conditioning and Ventilating equip-
ment 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 "Guidefor Installers" and
rules, regulations and statutes of the State Fire Marshall and to deter-
mine 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 Heating, Air
Conditioning and Ventilating equipment, 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 prcvo his ability to execute the mechanics of the examination from
which he secured his passing grade.
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 EXAMINATION.
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 ($10.00) Dollar examination fee.
SECTION 13.. HOLDER OF LICENSE.
The holder of the license shall be the person, firm or corporation
to whom the license is issued. The same person shall not be designated
as representative in two or more licenses issued to different person,
firms or corporations.
SECTION 14: CF.ANGE OF REPRESENTATIVE..
In the event that the business association of the representative
with, or employment of the representative by the holder of the license,
the license shall terminate, the holder of the license shall immediately
notify the Board of such teamination and said license shall become null
and void ten (10) days after the next regular examination date. A now
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. CERTIFICATES.
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
parsons designated as the representative, 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. FERITS.
No heating, Air Conditioning or Ventilating equipment 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 AND INSPECTI ^NS.
Before any permit is granted for the installation or alteration
of Heating, Air Conditioning or Ventilating equipment, the person, firm
or corporation making application for such permit shall pay the clerk
a fee in such amount as specified belows
A. For each unnecessary trip of inspection caused by defective or
incorrect information, a charge of $2.00 shall be made in
addition to the regular fee.
B. Coal, oil or gas fired furnace, steam - w A - - air
conditioner of 1 ton or more and ventilating equipment $5.00 ea.
Oil or gas conversioh bufner's up to 300,000 input
Oil or gas conversion burners over 300,000 input
Stokers
Repairs or alteration over $50.00
Window coolers to 1 ton
Space Heaters
$3,.00 ea.
5.00 ea.
3.00 ea.
3.00 ea„
3.00 ea.
3.00 ea.
C. If any person, firm or corporation shall unlawfully do any work
covered by this Ordinance without obtaining a permit, he or they
shall nay 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 firm's name to enable any person not a bona -fide employee
or person or firm holding a license to do Heating, Air Conditioning
or Ventilating work. Said violation shall be considered as
sufficient grounds for revocation of license.
SECTION 18. INSPECTION AND CERTIFICATES.
Upon completion of any installation of Heating, Air Conditioning
or Ventilating equipment 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 A) 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.
Whon 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.
When any Heating, 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 corpor ^tion 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 full 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 INSTALLATIONS.
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 heating equipment for the installation of which a permit is
required or which has been disconnected or ordered to be disconneeted,
by the Inspector, or until approval has been issued by the Inspector
authorizing the connection and use of such equipment. All services thAt
have been disconnected, shall not be re- connected until approval is
issued by the Inspector.
SECTION 20. BOARD OF REVIEW.
There is hereby created a Board of Review which shall consist of the
members df the Examining Board. The 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 :pith the Board of Review for a review
of any decision of the Heating Inspector provided that such appeal is made
in writing within ton (10) days after 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 his Ordinance and within ten (10)
days shall make a decision in accordance with its finding. Three (3)
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 three (3) members. The
decision of the Board shall be final.
SECTION 21. REVOCATION AND SUSPENSION 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
Ordinance of the City of South Bend, or any statute of the State of
Indiana, relating to the installation, maintenance, alterations or repair
of Heating, Air Conditioning or ventilating equipment, 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 Tan ($10.00) Dollars,
not 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 DAMAGE.
This Ordinance shall not be construed to relieve from or lessen the
responsiblity or liability of any party owning, operating, controlling or
installing any heating, air conditioning and ventilating equipment for
damages to persons or property, caused by any defect therein, not 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.
If 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.
SECTION 26. DAT1 TO TAKE EFFECT.
This Ordinance shall, be in full force and effect from and after its
passage, approval and publication according to the law.
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