HomeMy WebLinkAboutProviding for the Licensing and Classifying of Contractors & their Suspension and Revocation Fees and ExaminationsORDINANCE No. 3-j-,617
Passed by the Common Council of the City of South Bend,
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Presented by me to the Mayor of the City of South Bend,
Approved and signed by
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Clerk
of Common Council
Clerk
_ �� • i / . /
ice, _ -_
MT-kMF,AS, there have been com_olaints of improper and unsafe heating
and ventilating installations, some of which endangered the health and safety
of citizens of this community, and
?',F,EREAS, the State of Indiana has by the adoption and promulgation
of a code created new and higher standards for heating and ventilating systems
and their installation throughout the State of Indiana, and
';'FPMAS, in order to obtain full benefit of such improved standards
and to provide a means for the protection of the public against installation
of repair of heating and ventilating systems in an improper or dangerous manner.
NO`V THE=REFORE, be it ordained by the Common Council of the City
of South Bend, Indiana, that:
SECTION I. A. Person as herein used shall include natural persons,
firms and corporationst �Lo xLe-1 a �Za
BHeating, ventilating and air conditioning systems shall include
all devices for heating, cooling, humidifying, de- hwaidfying or ventilating
all.or pa is 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, ventilating and air conditioning systems as above defined which are a
part of such systems or connected with them.
SECTION II. All persons before installing, making changes in or upon,
or repairing any heating, ventilating or air conditioning system, as herein
defined, shall obtain a heating contractor's license, or a heating employee's
license, as the case may be. All persons before installing, making changes in
or upon, or repairing any sheet metal work which is a part of any heating,
ventilating or air conditioning system, all as hereinabove defined, shall obtain
either a heating contractor's license, a heating employee's license or a
sheet metal contractor "s license or a sheet metal employee's license, as the
case may be.
SECTION III. A. A heating contractor's license shall be issued to
any person, firm or.corporation (in the case of a firm or corporation it shall
be issued to an authorized representative), provided that such person or
authorized representative shall have successfully passed the examination here-
inafter provided, shall have paid to the Controller of the City of South Bend,
Indiana, a license fee of ,225.00 upon its fi'rs't issuance, and shall each year
after its first issuance pay a license fee of :15.00, and provided further that
such parson, firm or corporation shall maintain an office and business telephone
within the limits of St. Joseph County, Indiana.
u. A heating employee's license may be.issued to any individual upon
a payment of a license fee of X2.00 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 heating contractor's license.
C. A sheet metal contractor's license shall be issued to any person,
firm or corporation (in the case of a firm or corporation it shall be issued to
an authorized representative), provided that such person or authorized
-representative shall have successfully oassed tie examination hereinafter
provided, shall have paid to the Controller of the City of South Bend, Indiana,
a license fee of :?25.00 upon its first issuance, and shall each year after its
first issuance pay a license fee of '?15.00, and provided further that such
person, firm or corporation shall maintain an office and business telephone
within the limits of St. Joseph County, Indiana.
D. A sheet metal employee's license may be issued to any individual
upon a payment of a license fee of :;;2.00 per annwa, provided that such individual
shall be certified to the Controller of the City of South wend as an employee of
a person, fi'rra or corporation holding a sheet metal contractor's 'license.
SECTIO`: IV. BOAPD OF ' °4:aID? PS AND_.�A.ZMATION
Heating contractor's licenses and sheet ;petal contractor's licenses
shall be issued to persons or to authorized representatives of firms or
corporations, provided such individual has taken and passed Wraith a grade of
not less than 750' of a possible 100;5, an exarai.na.tion which shall be liven at
least twice each year in the first and seventh months thereof, and more often,
if, in the discretion of the examining board, additional examinations are deemed
advisable. The exat.iining board shall consist of the Building Commissioner of
the City, the City ^�n,ineer of the City, and. three persons to be appointed by the
,I.yor of the City, said persons to be a General Building !contractor, a person
engaged in the heating business and a person engaged in sheet metal contracting
business.
The examination which such Board shall give shall be in writing
only and shall be designed to determine, -�;ithin reasonable limits, the ability
and fitness of the person examined to install, make changes in or upon and
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repairs to heating, ventilating and air conditioning systems as hereinabove
defined;or to install' make changes in or upon.and' repair sheet metal work
a part of or connected with heating, ventilating and air conditioning systems
as hereinabove defined in fulfilment of the reruirements of the building
code or other aoplicable ordinances of the City of South Bend, and the requirements
of the statutes of Indiana aopli_cable to such .:ork in said City, and in accordance
with the developments of these businesses.
SECTION J. The examining Board shall issue to applicants successfully
passing an =mdnation a smitten statement which, uoon presentation at the office
of the Controller, and uoon the fulfillment of the other require.,rents hereinabove
set forth, shall be sufficient grounds for the issuance of a license by the
Controller.
SECTIO:v VI. Any person holding a license shall psrform all work covered
by this ordinance in accordance with all applicable lativs, rules and regulations
of the State of Indiana, and all applicable ordinances, rules and regulations of
the City of South Bend. Uoon a complaint made in writinZ by any parson, including
proper officers or employees of the city of South Bend, to the effect that the
holder of any license for which provision is herein made has in person, or by
agents or employees, made any installation or repair or done any act covered 'hereby
contrary to law, the Board of Examiners shall nctify such person in writing of the
complaint, shall set a time not less than ten (10) days after such notice is
delivered to such person at which such person shall be entitled to have a hearing,
and to be represented personally or by counsel upon the subject matter of the
complaint. If, upon the basis of evidence presented, the Examining Board finds
that such person has violated the provision of this ordinance, or of any
applicable statute, ordinance, rule or regulation, then such Board may -warn such
person, suspend the license of such person, or for a flagrant violation or
repeated violations may revoke such licenses.
No suspension shall be for a period of less than thirty (30) days,
nor more thane %�j days. No person whose license has been revplced shall
be eligible to re -apply for a license for a period of fw or-1 -F ° s following
the date of revocation. ;%- 13 -
SECTION VII. Any person violating the provisions of this ordinance
shall, upon conviction thereof, be fined in an amount not less than Ten (;10.00)
Dollars, nor more than One Hundred ($100.00) Dollars, and each day upon which a
violation hereof is made shall be considered a separate offense.
SECTION VIII. This ordinance shall be in full force and effect from
and after its passage by the Common Council, its approval by the 3ayor and its
legal publication.
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