[HISTORY: Derived from the Charter and Ordinances, 1974,
of the City of Buffalo as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 66.
Boilers and engines — See Ch. 94.
Building construction and demolition; fire prevention — See Ch. 103.
Public buildings — See Ch. 111.
Open burning — See Ch. 119.
Enforcement — See Ch. 137.
Electricity — See Ch. 165.
Housing standards — See Ch. 242.
Inspections — See Ch. 249.
Smoke detectors — See Ch. 395.
Wood and coal — See Ch. 501.
[1]
Editor's Note: Former Art. I, Venting of Equipment, derived
from Secs. 127 and 128 of Ch. XXV of the 1974 Charter and Ordinances,
was repealed 12-9-2003, effective 12-19-2003.
[Derived from Art. XV of Ch. VII of the Charter and Ordinances,
1974]
The purpose of this article is to create a Board of Heating
Examiners; to prescribe the powers and duties of such a Board; to
provide for the licensing of those who engage in the business of installing,
replacing or repairing heating equipment and to qualify such persons
under the provisions of this article; to provide a procedure for revoking
of licenses issued hereunder; to provide penalties for violations
of this article; to provide standards and requirements for the installation
of such heating equipment; to protect and safeguard the public health,
safety and welfare; and to protect life and property from fire, gas
fumes, explosions and faulty or improper installations.
[Amended 9-21-1999, effective 10-4-1999]
This article shall apply to all installations of heating equipment,
replacements or repair of the same. This article shall also apply
to existing building equipment but should not be construed to require
structural alterations to such existing buildings or equipment or
replacement of existing equipment unless the Chief Combustion Inspector
shall determine by investigation that the conditions thereof and a
failure to promptly comply with this article shall constitute an immediate
and present danger to human life or property or to the health and
safety of the public and thereupon orders such immediate alterations,
replacements or corrections.
[Amended 9-21-1999, effective 10-4-1999; 12-9-2003, effective 12-19-2003]
The Commissioners of Permit and Inspection Services and Fire
or their duly authorized representatives are hereby empowered and
authorized at any reasonable time to enter upon and into any buildings,
structures or premises within the City of Buffalo for the purpose
of examining and inspecting them to ascertain the conditions thereof
with respect to the provisions of this article or any other related
conditions which may constitute an immediate and present danger to
human life or property and to the health and safety of the public.
Whenever any building, premises, device, equipment or installation
is found to be in violation of the requirements of this article or
if found to be unsafe or in a condition to be dangerous to human life
or property and to the health and safety of the public, the Commissioner
of Permit and Inspection Services or Fire or their authorized representatives
are empowered to order that the conditions be corrected and the hazard
abated. Failure to comply with such an order shall be deemed a violation
of this article.
[Amended 9-21-1999, effective 10-4-1999]
It shall be the duty of the Chief Combustion Inspector to enforce
all the requirements of this article relative to the installation,
alteration, repair, use and maintenance of such heating equipment.
[Amended 9-21-1999, effective 10-4-1999]
A.
It shall be unlawful for any person to install, erect, alter, repair,
service, reset or replace any heating or process system or appurtenances
thereto unless said person shall have first obtained a license as
a heating contractor or is performing said work under the supervision
of a duly qualified license holder, provided that nothing herein shall
prohibit any person from performing such work in his own home after
certification by the Chief Combustion Inspector and the Chief of the
Bureau of Fire Prevention that said person is qualified to make installations.
B.
Any violation of this section shall be deemed to be the commission
of an unclassified misdemeanor and shall be punishable by a fine or
penalty of not more than $1,000 or by imprisonment for not more than
60 days, or by both such fine and imprisonment, for each such offense.
[Amended 9-21-1999, effective 10-4-1999; 12-9-2003, effective 12-19-2003]
Every licensed contractor hereunder must have and maintain an
established place of business. The license must be conspicuously displayed
at said place of business. Such place of business must be known to
the Commissioner of Permit and Inspection Services and the Chief Combustion
Inspector.
[Amended 9-21-1999, effective 10-4-1999]
Before a license is issued, the licensee shall execute and furnish
to the City of Buffalo a bond in the sum of $10,000, conditioned to
indemnify and save harmless the City of Buffalo of and from any damage
or loss which may result from the work of said licensee being done
carelessly or imperfectly or in such a way that injury or loss results
therefrom or by reason of any failure on the part of any employee
of the licensee to comply with all or any of the ordinances and regulations
relating to the installation of such heating equipment.
[Amended 9-21-1999, effective 10-4-1999]
In the case of a person's, firm's or corporation's,
as a contractor, employing a heating installer's licensee, both
said licensee and said person, firm or corporation employing him shall
be responsible for all violations of this article. The licensee, any
person, firm or corporation employing him and any subcontractor shall
be responsible for all violations of this article committed by such
subcontractor.
An applicant for a license hereunder shall be at least 21 years
of age and shall have had at least two years of practical experience
in the installation of heating equipment in the class of license he
is applying for, or shall have satisfactorily completed a course of
study in heating equipment given by a recognized school, plus one
year of practical experience in the installation of heating equipment
in the class of license he is applying for, or shall be a graduate
engineer.
[Amended 9-21-1999, effective 10-4-1999]
There are no exemptions from examination. All applicants for
a license must comply with the provisions of this article.
[Amended 9-21-1999, effective 10-4-1999]
A.
Applications for a license shall be made on forms furnished for such
purpose by the Division of Inspections, Licenses and Permits. The
application under oath of the applicant shall contain, in addition
to other required information, the following.
B.
No license shall be issued to an applicant until he has submitted
to an examination as hereafter provided, or such applicant has a person
in his regular employ who is actively in charge and who has submitted
to such examination, provided that when a license has been issued
to an applicant based on the qualifications of such regular employee
and the active services of such employee with the applicant has been
terminated, it shall be unlawful for the said licensee to engage in
any of the operations covered by this article until said licensee
is again qualified in accordance with the provisions hereof.
C.
The Commissioner of Permit and Inspection Services may issue a license
upon application as provided herein or refuse to issue said license
upon proof that the applicant therefor is not fit or qualified or
is not a suitable person to engage in such operation, provided that
the Board of Heating Examiners shall make a thorough investigation
of the training, experience, qualifications, character and fitness
of the applicant and/or the person to be examined and shall examine
such applicant and/or person to determine his qualifications, fitness
or suitability to take part in any of the operations of the business.
Such examinations shall be written and oral and may also include practical
demonstrations.
[Amended 12-9-2003, effective 12-19-2003]
D.
The Board of Heating Examiners is hereby authorized to adopt rules
and regulations necessary to make effective the provisions of this
article concerning said examinations. Licenses may be revoked or suspended
by the Commissioner of Permit and Inspection Services in accordance
with the Charter of the City of Buffalo relative thereto. All licenses
granted hereunder shall expire on the 31st day of December next following
issuance and shall be renewed annually. Failure to renew properly
a license shall result in its termination. Any such license forfeited
for nonpayment of the annual renewal fee may be reinstated upon payment
of the annual renewal fee, provided that no such license may be renewed
after the expiration of one year without submitting to an examination.
[Amended 12-9-2003, effective 12-19-2003]
E.
A license issued pursuant to this chapter may be suspended or revoked
by the Commissioner of Permit and Inspection Services upon certification
of the Board for any one or more of the following reasons:
[Added 9-19-2000, effective 9-29-2000; amended 12-9-2003, effective 12-19-2003]
(1)
Fraud, misrepresentation or bribery in securing a license.
(2)
Any false statement as to a material matter in the application.
(3)
The conduct of the business of the licensed heating contractor has
been marked by a practice of failure to perform his contracts or the
manipulation of contract deposits, assets or accounts or lack of good
faith in dealing with owners.
(4)
Violation of any provision of this chapter.
(5)
Willful violation of the health laws of the County of Erie or failure
to secure all proper permits or failure to comply with the ordinances
of the City of Buffalo.
(6)
Failure to notify the Commissioner of Permit and Inspection Services
of any change or control in the ownership, management or business
name or location of the heating contractor business.
(7)
Abandonment or willful failure to perform, without justification,
any contract or project engaged in or undertaken by a licensee, or
willful deviation from or disregard of plans or specifications in
any material respect without consent of the owner.
(8)
Making any substantial misrepresentation in the procurement of a
contract, or making any false promise likely to influence, persuade
or induce such contract.
(9)
Any fraud in the execution or in the material alteration of any contract,
mortgage, promissory note or other document incident to a heating
contracting transaction.
(10)
Preparing or accepting any mortgage, promissory note or other
evidence of indebtedness upon the obligations of a heating contracting
transaction with the knowledge that it recites a greater monetary
obligation than the agreed consideration for the work.
(11)
Work or installation commenced prior to the issuance of the
required license.
(12)
Work or installation commenced prior to the issuance of the
required permit. After three infractions, the heating contractor's
license shall be revoked.
F.
No license shall be suspended or revoked until after a hearing before
the Board upon at least five days' notice to the licensee at
the last known address appearing on the license. The notice shall
be served personally or by registered mail and shall state the date,
hour and place of the hearing. The notice shall set forth a brief
statement of facts constituting the grounds for the charges against
the licensee. The licensee may appear in person or by counsel and
may produce witnesses in his behalf. A record of the hearing shall
be taken. The Chief shall, upon the determination and certification
of the Board, suspend or revoke the license or dismiss the proceedings.
[Added 9-19-2000, effective 9-29-2000; amended 12-9-2003, effective 12-19-2003]
A.
There shall be three classifications of licenses.
(1)
A Class I license. The holder shall be able to install any type of
heating equipment using oil, gas or solid fuels. A Class I license
shall be subdivided into two parts, a Class Ia and a Class Ib.
(2)
A Class II license. The holder shall be able to install any type
of equipment using gas or solid fuels.
(3)
A Class III license. The holder shall be limited to the installation
of woodburning fireplaces or stoves.
There shall be displayed at the location of each installation
during the progress of installation or repair a conspicuous sign stating
in substance the heating contractor, the name and address of the licensee
and the expiration date of the license.
There is hereby created a Board of Heating Examiners to examine
applicants for a heating license and perform such other duties as
set forth under the provisions of this article.
[Amended 9-21-1999, effective 10-4-1999]
A.
Such Board shall consist of five members, two of whom shall be the
Chief Combustion Inspector and the Chief of the Bureau of Fire Prevention,
who shall serve ex officio as part of the functions and duties of
their respective offices. Two of said members shall be residents of
the City of Buffalo and shall be licensed heating contractors. One
of said members shall be a resident of the City of Buffalo and not
engaged in the business of heating equipment nor contracting for the
same. The three appointed members, exclusive of the above-enumerated
Chief Combustion Inspector and Chief of the Bureau of Fire Prevention,
both of whom shall serve on such Board because of and during their
respective terms of office, shall be appointed by the Mayor, who shall
designate one member to act as Chairman.
B.
The appointed members shall serve for terms of one year, three years
and five years, respectively, in the order in which appointed by the
Mayor. The successors to the original appointees shall serve thereafter
for a term of three years.
C.
The Mayor shall have the power to remove appointed members for reasons
stated in writing and after an opportunity to be heard, and he shall
also possess the power to fill any vacancy occurring for the unexpired
term of a member with a person having the same minimum qualifications.
D.
The members of such Board shall serve without any compensation therefor
because of their duties on said Board.
E.
The Commissioner of Permit and Inspection Services shall provide
an office and meeting place for the Board and shall provide clerical
help therefor and a proper place as a depository of records of the
Board.
[Amended 12-9-2003, effective 12-19-2003]
F.
No member of the Board shall pass upon any question in which he personally
or any group or association with which he is associated is interested.
A.
The Board shall have the power to adopt for its procedure and government
rules and regulations not inconsistent with law or ordinance.
B.
Meetings of the Board shall be held at the call of the Chairman and
at such other times as the Board may determine. The Chairman or, in
his absence, the Acting Chairman as selected by the Board, may administer
oaths to all applicants for a license. The presence of three members
shall constitute a quorum. The Board shall act by resolutions. The
concurring vote of three members of the Board shall be necessary to
perform any affirmative act. The Board shall keep minutes of its proceedings,
showing the vote of each member upon any question or, if absent or
failing to vote, indicating such fact; and the Board shall also keep
records of its examinations and other official actions.
[Amended 9-21-1999, effective 10-4-1999]
A.
Examinations of applicants for heating contractors' licenses
shall be conducted approximately every three months at such times
and places as the Board may designate.
B.
The examination shall be based upon the provisions of this article,
upon the conditions and requirements of heating and ventilating and
air conditioning, guided by the American Society of Heating and Air
Conditioning Engineers and the applicable ordinances of the City of
Buffalo and the laws of the State of New York. It shall be reasonable
but sufficiently comprehensive to test the qualifications of the applicant
and may include practical demonstrations.
C.
After such examination, said Board shall forward its findings and
recommendations to the Commissioner of Permit and Inspection Services
as to whether or not the applicant and/or the person examined is fit
or qualified or is a suitable person to take part in the operations
of the business and whether a license shall be issued by said Commissioner.
[Amended 12-9-2003, effective 12-19-2003]
[Amended 9-21-1999, effective 10-4-1999]
A.
Before any work is performed thereunder, it shall be the duty of the person licensed as a contractor under this article to apply for and receive a permit for the installation, repair, reconstruction or material alteration by him of any heating equipment, after filing the application for a permit hereafter described and paying the required fee under the procedure and provisions of Chapter 66 of the Code of the City of Buffalo. This duty imposed on the contractor to obtain a permit is a primary duty over and above the duty imposed on the owner to obtain a permit under Chapter 66, § 66-6, of the City of Buffalo and is an addition of the Code thereto.
B.
The permit application for the heating system or work performed on
the heating system shall be submitted to the Chief Combustion Inspector,
prior to any work being done, and must show the total building heat
loss, manufacturer's name, model number, type of system, fuel
and chimney.
C.
Permits issued for one- and two-family homes, multiple dwellings,
apartment houses, rooming houses, nursing homes, senior citizens retirement
homes and orphanages shall be classified as residential permits. All
other permits shall be classified as commercial installations.
All installations of heating systems shall be installed and
work completed according to the standards, conditions and requirements
hereinafter set forth. All materials and methods of installation of
such heating systems shall comply with the requirements hereinafter
set forth and with all other applicable ordinances of the City of
Buffalo relating thereto.
[1]
Editor's Note: Former § 238-22, Definitions,
as amended, was repealed 12-9-2003, effective 12-19-2003.
[1]
Editor's Note: Former § 238-23, Heat loss and
sizing of equipment, as amended, was repealed 12-9-2003, effective
12-19-2003.
[1]
Editor's Note: Former § 238-24, Boilers, was
repealed 12-9-2003, effective 12-19-2003.
[1]
Editor's Note: Former § 238-25, Furnaces, was
repealed 12-9-2003, effective 12-19-2003.
[1]
Editor's Note: Former § 238-26, Woodburning
appliances, was repealed 12-9-2003, effective 12-19-2003.
[1]
Editor's Note: Former § 238-27, Duct systems,
as amended, was repealed 12-9-2003, effective 12-19-2003.
[1]
Editor's Note: Former § 238-28, Clearances,
was repealed 12-9-2003, effective 12-19-2003.
[1]
Editor's Note: Former § 238-29, Flues and vents,
as amended, was repealed 12-9-2003, effective 12-19-2003.
No heating installations of parts thereof shall be covered in
such a manner as to make them unavailable for inspection unless and
until such installations have been inspected and approved, exclusive
of new wall stacks in existing buildings.
In case of emergency, the contractor may proceed with the work
and file the application for a permit within 24 hours, Sunday and
holidays excepted.
[Amended 9-21-1999, effective 10-4-1999]
A.
All such heating equipment shall be properly tested upon completion
of the installation and before turning such equipment over to the
owner for normal usage. Tests shall include checking controls, testing
for gases or oil or flue gas leakage, fuel consumption ratio, maximum
stack temperature readings and draft readings. Where steam boilers
are installed, hydrostatic tests shall be made.
B.
Upon completion of the tests of the installation of any equipment,
the contractor shall file with the Chief Combustion Inspector a complete
record of such test, including the date made, the name or names of
persons performing such test and the name of the contractor.[1]
[1]
Editor's Note: Former § 238-33, Additional
standards, as amended, which immediately followed this section, was
repealed 12-9-2003, effective 12-19-2003.
