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City of St. Charles, MO
St. Charles County
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Table of Contents
Table of Contents
[R.O. 2011 § 500.530; R.O. 2009 § 150.140; Ord. No. 96-67, 3-6-1996]
This Article shall govern the licensing of persons who design, install, construct, maintain, service, repair, alter or modify a product or equipment in heating, air-conditioning, refrigeration, ventilation, process cooling and process heating by providing reasonable requirements for knowledge and skill to protect the public health, safety and welfare.
[R.O. 2011 § 500.540; R.O. 2009 § 150.141; Ord. No. 96-67, 3-6-1996]
Unless otherwise expressly stated, the following words and terms shall have the following meanings when used in this Article:
BTUH
British Thermal Unit Per Hour of Heat.
HEATING AND AIR-CONDITIONING
The process of treating air to control temperature, humidity, cleanliness, ventilation or circulation to meet human comfort requirements.
HORSEPOWER
The equivalent to seven hundred forty-six (746) watts.
HVACR
The design, installation, construction, maintenance, service, repair, alteration or modification of a product or of equipment in heating and air-conditioning, refrigeration, ventilation or process cooling or heating systems.
HVACR EMPLOYEE
A person who is an employee of an HVACR licensee and who does not hold a Class A, B or C HVACR license and who can only perform work for an HVACR licensee.
HVACR GAS FITTING WORK
Gas fitting work for the purpose of supplying a HVACR system from an existing, accessible manual safety shut-off gas cock, installing flue gas vents and combustion air for the HVACR system.
HVACR MAINTENANCE WORK
Repair, modification, service and all other work required for the normal continued performance of a HVACR system. This term does not include the installation or total replacement of a system or the installation of boiler or pressure vessels that must be installed by licensed persons.
LICENSEE
The holder of a license issued pursuant to this Article.
ONE TON
Twelve thousand (12,000) BTUH.
PUBLIC ENTITY
Any agency of the State of Missouri or any political subdivision of the State.
REFRIGERATION
The use of mechanical or absorption equipment to control temperature, humidity, or both, in order to satisfy the intended use of a specific space other than for human comfort.
REPAIR
The reconstruction or replacement of any part of an existing HVACR system for the purpose of its maintenance.
SUBCONTRACTOR
A person who performs a portion of the HVACR installation.
[R.O. 2011 § 500.550; R.O. 2009 § 150.142; Ord. No. 96-67, 3-6-1996]
A. 
Powers Of The Director. The Director of Community Development may:
1. 
Adopt rules and regulations to ensure the proper administration and enforcement of this Article;
2. 
Assist and advise the City Council on all matters related to licensing of HVACR maintenance work;
3. 
Conduct hearings on all matters related to the licensing and inspection of HVACR work;
4. 
Establish HVACR code inspection programs;
5. 
Conduct investigations into the qualifications of applicants for licensure;
6. 
Review applications for a Class A, Class B or Class C license; and
7. 
Assist and advise the City Council in such matters as are requested by the City Council.
B. 
City Council Approval Of Rules. No rule or portion of a rule promulgated under the authority of this Article shall become effective until it has been approved by the City Council.
[R.O. 2011 § 500.560; R.O. 2009 § 150.143; Ord. No. 96-67, 3-6-1996]
A. 
General. It shall be unlawful for any person to engage in HVACR work without the appropriate license, unless exempted pursuant to this Section. It is unlawful for any licensee to allow a non-licensed person or any other person to use his/her St. Charles City HVACR license for any purpose.
B. 
Persons Excepted. This Article shall not apply to a person who:
1. 
Performs HVACR work in an existing building or structure owned and occupied by the person performing the work as a place of residence.
2. 
Performs HVACR work in an existing building or structure owned or occupied by that person on that person's farm.
3. 
Performs work for a public utility on construction, maintenance and development work which is incidental to the public utility's business.
4. 
Is a HVACR subcontractor who performs HVACR work for a current HVACR Class A or Class B license.
5. 
Is a person or public entity servicing or repairing its own HVACR system with its own personnel specifically trained for such service or repair.
6. 
Is a person who is an employee of a licensed HVACR contractor, performing work under the supervision of the HVACR contractor.
C. 
Permits Required. Any person exempt under this Section shall conform to regulations on the performance of HVACR work and shall obtain local permits and inspections as may be required by local ordinance.
[R.O. 2011 § 500.570; R.O. 2009 § 150.144; Ord. No. 96-67, 3-6-1996]
A. 
General. Except as otherwise provided by Section 500.560, every individual who designs, installs, constructs, maintains, services, repairs, alters or modifies any HVACR system or any portion of an HVACR system in the City of St. Charles, Missouri, shall obtain one (1) of the following classes of licenses:
1. 
Class A — Entitles the licensee to perform HVACR work without limitation to BTUH or horsepower capacities;
2. 
Class B — Entitles the licensee to perform HVACR work on air-conditioning systems that develop a total of not more than twenty (20) tons of cooling capacity per unit or five hundred thousand (500,000) BTUH heating input per unit and refrigeration system of fifteen (15) horsepower or less per unit; or
3. 
Class C — Entitles the licensee who is in the business of servicing and repairing heating, ventilation, air-conditioning or refrigeration equipment for the public or servicing, repairing or replacing components of HVACR equipment and performing HVACR work on air-conditioning systems that develop a total of not more than twenty (20) tons of cooling capacity per unit or five hundred thousand (500,000) BTUH heating input per unit and refrigeration system of fifteen (15) horsepower or less per unit. A Class C license holder shall not install any original HVACR equipment or replace any existing HVACR equipment.
B. 
Supervision. An HVACR employee must perform HVACR work under the supervision of a HVACR license holder.
[R.O. 2011 § 500.580; R.O. 2009 § 150.145; Ord. No. 96-67, 3-6-1996]
A. 
General. An applicant for a HVACR license must meet the following minimum requirements:
1. 
The applicant must be at least eighteen (18) years of age;
2. 
The applicant must file an application on forms prescribed by the Director of Community Development;
3. 
The applicant must specify the class of license desired;
4. 
The applicant must meet all requirements specified by the rules and regulations promulgated by the Director of Community Development;
5. 
The applicant must pay the appropriate license fees; and
6. 
The applicant must have a valid HVACR license issued by St. Charles County or have passed tests equivalent to those required for HVACR licensure by St. Charles County.
B. 
Denial And Revocation. All applicants who meet the requirements of licensure shall be issued the appropriate license except that the administrative authority may deny a license if the applicant has:
1. 
Committed any act which, if committed by a licensee, would be grounds for suspension or revocation of the license;
2. 
Previously been denied a license for cause or previously had a license revoked for cause; or
3. 
Knowingly made any false statement or misrepresentation on the application.
[R.O. 2011 § 500.590; R.O. 2009 § 150.146; Ord. No. 96-67, 3-6-1996]
All licenses issued pursuant to this Article shall be issued to and terminate on June 30 of each year.
[R.O. 2011 § 500.600; R.O. 2009 § 150.147; Ord. No. 96-67, 3-6-1996]
Any individual licensed or registered to perform HVACR work may perform HVACR gas fitting work without obtaining any other license to perform the work. HVACR gas fitting work shall be performed in accordance with the appropriate standards for gas fitting work.
[R.O. 2011 § 500.610; R.O. 2009 § 150.148; Ord. No. 96-67, 3-6-1996]
A. 
General. The Director of Community Development may make investigations and conduct hearings and, upon its own investigation or a complaint in writing, signed and verified by the complainant, suspend or revoke any license or registration if it finds that the holder of the license or registrant has:
1. 
Made a material misstatement in the application for license or registration or renewal thereof;
2. 
Demonstrated incompetency to act as a license holder or registrant according to the rules and standards promulgated by the Director of Community Development; or
3. 
Has violated any provision of this Article or any rule, regulation or order promulgated by the Director of Community Development.
B. 
Power Of Appeal. The individual complained against shall have the right to appeal to the Board of Appeals. One (1) year after the date of the revocation, an application may be made for a new license or registration.
[R.O. 2011 § 500.620; R.O. 2009 § 150.149; Ord. No. 96-67, 3-6-1996]
Nothing in this Article shall be construed as allowing an HVACR licensee to perform electrical work without complying with applicable local, City or State electrical licensing requirements and any applicable local code or State code pertaining to electrical work.
[R.O. 2011 § 500.630; R.O. 2009 § 150.150; Ord. No. 96-67, 3-6-1996]
All persons licensed under this Article shall be required to maintain on file with the Director of Community Development evidence of an individual or blanket bond in the amount of ten thousand dollars ($10,000.00). This bond must be kept in force at all times.
[R.O. 2011 § 500.640; R.O. 2009 § 150.151; Ord. No. 96-67, 3-6-1996]
All persons licensed under this Article shall be required to maintain on file with the Director of Community Development evidence of liability insurance coverage in the amount for five hundred thousand dollars ($500,000.00) combined single limit.
[R.O. 2011 § 500.650; R.O. 2009 § 150.999; CC 1981 §§ 5-5, 5-53, 9-5; Ord. No. 74-5, 2-6-1974; Ord. No. 88-10, 6-23-1988; Ord. No. 88-47, 4-7-1988; Ord. No. 98-494, 11-19-1998]
A. 
Any person who violates any of the provisions of this Chapter for which no other penalty is set forth shall be subject to the penalty set forth in Section 100.150 of this Code of Ordinances.
B. 
It shall be unlawful to fail to comply with the notice of declaration of nuisance, as described in Section 500.370, within a reasonable time or upon failure to proceed continuously without unreasonable delay as specified in the Building Code Official's order. Such unlawful acts shall be punishable by fine and imprisonment as specified for offenses in the Municipal Court of the City.