O-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