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Home My WebLink AboutO-1212-12-93ORDINANCE NO. 1212-12-93 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING CHAPTER 4, ARTICLE I, OF THE CITY OF ALIEN CODE OF ORDINANCES SO AS TO CREATE A PROCESS FOR THE REGISTRATION OF AIR-CONDTTIONINGAND REFRIGERATION CONTRACTORS AND PROVIDE RULES AND REGULATIONS PERTAININGTO THE REGISTRATIONPROCFSS AND FURTHER TO CREATE A PROCESS FOR THE REGISTRATION OF IRRIGATION CONTRACTORS AND PROVIDE RULES AND REGULATIONS PERTAINING TO THE REGISTRATION PROCESS; AMENDING CHAPTER 4, ARTICLE II, SECTION 4-38(b), OF THE CITY OF ALLEN CODE OF ORDINANCES RELATIVE TO THE EXPIRATION DATES OF ELECTRICAL LICENSES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING FOR AN I M_a0 61IIU I :M . WHEREAS, the Building Official has reviewed the proposed ordinance and the proposed amendments to the City of Allen Code of Ordinances; and, WHEREAS, the Building Official is of the opinion that the proposed ordinance and amendments would assure that air-conditioning and refrigeration contractors and irrigation contractors are licensed by the appropriate state agencies and would decrease hardship for electricians who obtain a license near the end of the calendar year; and, VIIIEREAS, the City Council has reviewed the recommendations of the Building Official and concurs with the proposed ordinance and amendments; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THIN CITY OF ALLEN, TEXAS, THAT: SECTION 1: From and after the effective date of this ordinance, Chapter 4, Article II, of the Allen Code of Ordinances is hereby amended by establishing rules and regulations for the registration of air- conditioning and refrigeration contractors and irrigation contractors as follows, to -wit: Air-conditioning and refrigeration contractors., (a) QuaWwations. A person who is not licensed as an air-conditioning and refrigeration contractor by the Air Conditioning and Refrigeration Contractor License Law of the State of Texas, V.T.C.S. Art. 8861, shall not design, install, construct, service, repair or modify a product or equipment in environmental air-conditioning or commercial refrigeration, or process cooling or heating systems. Nothing in this section prohibits unlicensed personnel to assist in the performance of -air-conditioning and refrigeration contracting work under the supervision of a licensee. (b) Registration --Required. A person who is not registered by the city as an air-conditioning and refrigeration contractor may not obtain permits required for HVAC work. However, a building permit issued to a general contractor which includes HVAC work shall satisfy the permit requirement, provided the air-conditioning and refrigeration contractor registers with the city code enforcement and satisfies all other provisions of this section. (c) Same --Method. To register with the city to perform HVAC work described in the building code, a person shall apply to city code enforcement in writing on forms furnished for that purpose. This application must contain the applicant's name, local address and telephone number and other information which may reasonably be required to identify the contractor properly. No person may represent himself as a registered or licensed air-conditioning and refrigeration contractor with the city unless the person is, in fact, registered and holds a valid state license. (d) Display of license. Each holder of a license as an air-conditioning and refrigeration contractor shall display the license at the contractor's place of business. Each licensed contractor shall display the license number and company name in letters not less than two inches high on both sides of all trucks used in conjunction with air- conditioning and refrigeration contracting. Job sites not identified by a marked truck shall be identified by a posted sign visible and readable from the nearest public street containing the Texas air-conditioning and refrigeration license number and company name. (e) Supervision. Each air-conditioning and refrigeration company shall have a license holder employed full time in each office operated in Texas. All work requiring a license under the Texas Air -Conditioning and Refrigeration Contractor License Law shall be under the direct personal supervision of the license holder for that office. Irrigation contractors. (a) QuaWwations. A person who is not licensed by the State of Texas as an irrigator or installer shall not connect an irrigation system to a private or public, raw or potable water supply system or any water supply. (b) Registration --Required. A person who is not registered by the city as an irrigation contractor may not obtain permits required for irrigation work. However, a building permit issued to a general contractor which includes irrigation work shall satisfy the permit requirement, provided the irrigation contractor registers with the city code enforcement and satisfies all other provisions of this section. (c) Same --Method. To register with the city to perform irrigation work, a person shall apply to city code enforcement in writing on forms furnished for that purpose. This application must contain the applicant's name, local address and telephone number and other information which may reasonably be required to identify the contractor properly. No person may represent himself as a registered or licensed irrigator with the city unless the person is, in fact, registered and holds a valid state license. SECTION 2. From and after the effective date of this ordinance, Chapter 4, Article II, Section 4- 38(b), of the Allen Code of Ordinances is hereby amended as follows: (b) Annual renewals of licenses shall be accomplished by issuance of a license signed by the director of community development or his assistant, issued upon payment annually, extending the validity of a license for one year from the date of issuance. SECTION 3: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares that it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. Ordinance No. 1212-12-93 page 2 SECTION 4: Any person, parties in interest, or corporation who shall violate any of the provisions of this ordinance or fail to comply therewith or with any of the requirements thereof shall be subject to prosecution, and upon conviction shall be punished by a fine of not more than Two Thousand Dollars ($2,000.00), and each day that such violation shall be permitted to exist or continue shall constitute a separate offense. In the event a corporation is the violator of any of the provisions of this ordinance, each officer, agent, and employee of such corporation who is responsible for or contributes to such violation in any manner shall be individually and severally liable for the penalties herein prescribed. Where any person is acting solely as agent for the party in ownership, no penalties under this section shall be assessed against such agent as such. SECTION 5: The caption of this ordinance shall be published one (1) time in a weekly newspaper published in the City of Allen and shall be effective immediately upon its passage and publication. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 16TH DAY OF DECEMBER , 1993. 1 APPROVED: Jot, Farmer, MAYOR APPROVED AS TO FORM: ATTEST: A. Don Crowder, CITY ATTORNEY Jy► Mo n, CITY SECRETARY Ordinance No. 1212-12-93 Page 3 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN - BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance #1212-12-93 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wei;. Dec 22, 1994 & Sun, nPr - 6, 1993 and which was issued on Wed. Dec 22, 1993 by City of Allen of COLLIN COUNTY,TEXAS A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this day W", V. A. TODD 'L :11 W COMMISSION EXPIRES E•:-;w December 5,1996 Publisher's fee $ D 19_y_-/ PU_' • CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at — their regular meeting held on Thursday, December 16, 1993 (Title and Penalty i Clause only): tOrdinance No. 1212-12-93. An Ordinance of the City of Allen, Collin County, Texas, ,Creating a Process for the Registration of Air Conditioning and Refrigeration Con- tractors and; Providing Rules and Regula- tions Pertaining to the Registration Pro- cess; and Further Creating a Process for the Registration of Irrigation Contractors; Providing Rules and Regulations Pertain- ing to the Registration Process and; Further Amending Chapter 4, Article II, Section 4-38(b), of the City of Allen Code of Ordinances, Relativelo Expiration Dates of Electrical License; Providing a Severa- bility Clause; Providing for a Penalty for the Violation of this Ordinance, Providing for Publication of the Caption Hereof; and Pro- viding for an Effective Date. That any person, parties in interest, or cor- poration who shall violate any of the provi- sions of this ordinance or fail to comply therewith or with any of the requirements thereof shall be subject to prosecution, and upon conviction shall be punished by a fine of not less than' Two Thousand Dollars ($2,000.00), and each day that such viola- tion shall be permitted to exist or continue shall constitute a separate offense. A copy of this ordinance may be read or purchased in the office of the Citv Secret- ary, City of Allen. One Butler Circle, Allen, Texas 75002. /s' Judy Morrison City Secretary to- - " CITY OF ALLEN ' PUBLIC NOTICE ,Lotice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, December 16, 1993 (Title and Penalty Clause only): Ordinance No. 1212-12-93: An Ordinance of'the City of Allen, Collin County, Texas, Creating a Process for the Registration of Air Conditioning and Refrigeration Con-/ tractors and; Providing Rules and Regula- tions Pertaining to the Registration Pro- cess; and Further Creating a Process for the Registration of Irrigation Contractors; FProviding Rules and Regulations Pertain- ing to the Registration Process and; Further Amending Chapter 4, Article II, Section 4-38(b), of the City of Allen Code of Ordinances, Relative to Expiration Dates Fof Electrical License; Providing a Severa- �'$ility Clause; Providing for a Penalty for the /iolation of this Ordinance; Providing for Publication of the Caption Hereof; and Pro- vidrnq for an Effective Date. That any person, parties in interest, or cor- poration who shall violate any of the provi- sions of this ordinance or fail to comply therewith or with any of the requirements thereof shall be subject to prosecution, and upon conviction shall be punished by a fine of not less than Two Thousand Dollars ($2,000.00), and each day that such viola- tion shall be permitted to exist or continue shall constitute a separate offense. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. /s/ Judy Morrison CitySecretary