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O-3105-9-12ORDINANCE NO. 3105-9-12 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 4 "BUILDING REGULATIONS" BY AMENDING SECTION 4-8 "AIR CONDITIONING AND REFRIGERATION CONTRACTORS," SECTION 4-9 "IRRIGATION CONTRACTORS," AND SECTION 4-37 "ELECTRICIAN LICENSE FEES" BY PROVIDING FOR ADOPTION OF REGISTRATION FEES BY RESOLUTION OF THE CITY COUNCIL; AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS AMENDED, BY AMENDING ARTICLE I "GENERAL PROVISIONS" BY ADDING A NEW SECTION 1.09 TITLED "FEES AND CHARGES" REGARDING THE ESTABLISHMENT OF FEES AND CHARGES AND ARTICLE IH "BUILDING REGULATIONS" BY ADDING A NEW SECTION 3.10 TITLED "CONTRACTOR ANNUAL REGISTRATION" REGARDING THE REGISTRATION OF CERTAIN CONTRACTORS AND INSPECTORS WORKING WITHIN THE CITY AND PAYMENT OF A REGISTRATION FEE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, finds it to be in the public interest to amend the various provisions relating to the Code of Ordinances of the City of Allen and the Allen Land Development Code, as previously amended, to provide for the establishment and amendment of fees and charges assessed under various provisions therein by resolution. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: ' SECTION 1. Chapter 4 `Building and Building Regulations" of the Code of Ordinances of the City of Allen, Texas, shall be amended as follows: A. Subsection (c) of Article I "General," Section 4-8 "Air Conditioning and Refrigeration Contractors" shall be amended to read in its entirety as follows: (c) Same—Method. To register with the city to perform HVAC work described in the building code, a person shall apply to city's community development department 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 he required to identify the contractor properly. At the time of application, the applicant shall pay an administrative fee to register such applicant's state license with the city in an amount adopted by resolution of the city council and set forth in the official schedule of fees maintained in the office of the city secretary. The registration shall be valid for a period of one year from the date of submission of the registration application and payment of the application fee. 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. B. Subsection (c) of Article 1 "General," Section 4-9 `Irrigation Contractors" shall be amended ' to read in its entirety as follows: (c) Same—Method. To register with the city to perform irrigation work, a person shall apply to city's community development department in writing on forms furnished for that purpose. This application must contain the applicant's time, local address and telephone number and other information which may reasonably be required to identify the contractor properly. At the time of ' application, the applicant shall pay an administrative fee to register such applica es state license with the city in an amount adopted by resolution of the city council and set forth in the official schedule of fees maintained in the office of the city secretary. The registration shall be valid for a period of one year from the date of submission of the registration application and payment of the application fee. 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. C. Paragraph 2 of Article lI "Electricians and Electrical Contractors," Section 4-37 "Electrician License Fees" shall be amended to read in its entirety as follows: (2) Electrician's license fees shall be in an amount adopted by resolution of the city council and set forth in the official schedule of fees maintained in the office of the city secretary. SECTION 2. Article I "General Provisions" of the Allen Land Development Code, as amended, shall be amended by adding a new Section 1.09 titled "Fees and Charges" to read as follows: Sea 1.09 Fees and Charges Except for fees and charges which are required by federal or state law to be adopted by ordinance, any and all fees and charges proscribed by this Code, whether or not originally ' adopted by ordinance, shall be adopted or amended by resolution approved by the city council and incorporated into an official schedule of fees, a copy of which shall be placed on file and maintained in the office of the city secretary and made available for public inspection. SECTION 3. Article III "Building Regulations" of the Allen land Development Code, as amended, shall be amended by adding a new Section 3.10 titled "Contractor Annual Registration" to read as follows: Sec. 3.10 Contractor Annual Registration. (a) Annual Registration; Fee. The following people or business entities shall register with the Community Development Department on a form provided by the city and pay an annual registration fee established by the city council pursuant to Section 1.09 of this code: (1) Any person or entity making application for a permit from the city which must be issued prior to commencement of any work regulated by Article 111 of this code; (2) Code -certified inspectors certified pursuant to Chapter 388 of the Texas Health and Safety Code who is performing inspections of and providing to the city certifications regarding the compliance of buildings and other structures with the latest edition of the International Energy Conservation Code adopted and amended as part of Article III of this code; and (3) Any person who is a certified backflow assembly tester who performs inspections of backflow prevention assemblies within the city pursuant to Section 14-14(b)(3) of the Code of Ordinances. Ordinance No. 31059-12, Page 2 (b) Exemptions from Registration. The following shall be exempt from subsection (a) of this section: (1) A person who performs work solely on property owned or leased by the person; and (2) A person who is an employee of the owner or lessee of property who performs work solely on the property owned or leased by the person's employer. The exemption from registration provided by this subsection (b) does not exempt any person for any requirement to obtain any license or permit or the payment of any license or permit fee required by this code or the Code of Ordinances prior to commence of any work for which a permit or license must be obtained or performance of an inspection for which a fee must be paid. (c) Exemption from Fee. A person or entity is exempt from payment of the registration fee required be subsection (a) of this section to the extent state law prohibits the city from assessing a registration fee from such person or entity; provided, however, such person or entity shall not be exempt from registering with the city as required by subsection (a) of this section except as allowed pursuant to subsection (b) of this section. (d) No Permitllicense Without Registration. No license or permit for which an ' application is made will be issued to, or inspection report accepted from a person or entity that has not registered and paid the required fee pursuant to this section SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, the Code of Ordinances, as amended hereby, or the Allen Land Development Code, as amended hereby, which shall remain in full force and effect. SECTION 5. Any fee or charge adopted before the effective date of this Ordinance as part of the Code of Ordinances, as amended, or the Allen Land Development Code, as amended, shall remain unaffected and in full force and effect until such time as amended by resolution of the City Council adopted concurrently with or subsequent to the effective date of this Ordinance. SECTION 6. This Ordinance shall take effect immediately from and after its passage and publication in accordance with its provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 25TH DAY OF SEPTEMBER, 2012. APPROVED: A����/��/�f�[///� titcphalYOR Ordinance No. 3105-9-12, Page 3 1 1 APPROVED AS TO FORM: ATTEST: Peter G. Smith, Crff AVORNEY Shelley B. Geor#, TRMC, CrrY SECRETARY (kbl:9/17/12d7233) Ordinance No. 3105-9-12, Page 4