Only a licensed mechanical master shall be allowed to contract
for mechanical work in the jurisdiction of the City. At least one
person of the firm or corporation wishing to contract for mechanical
work in the jurisdiction of the City shall be a licensed mechanical
master. Licensed mechanical journeymen in the employ of a licensed
mechanical master shall be allowed to work unattended on jobs and
may supervise, not to exceed three apprentices.
Master and journeyman mechanical licenses under the provisions
of this Part 2 shall be effective and valid through December 31 of
each calendar year and shall not be assignable.
Before the expiration of any license issued from or by the Building
and Inspection Department, the holder may, upon payment of a renewal
fee in an amount set from time to time by the City Council for a master
or journeyman, make application to the Building and Inspection Department
for renewal of his/her license. Failure to make application and pay
the renewal fee for renewal of a license before the expiration date
thereof subjects the applicant to pay the renewal fee plus an additional
late fee in an amount set from time to time by the City Council, up
to and including 90 days from such expiration date. If the application
is filed and the fees are paid in accordance with the above, the Building
Official shall issue a renewal of such license without examination
unless there are revocations or suspension proceedings in progress
against such individual. If the holder of a license fails to make
application for renewal of his/her license within 90 days from the
expiration date, he or she shall lose all rights of his/her license
and proceed in the same manner as if he or she had never held a license.
If the Building Official has reason to believe that the licensee has
violated the provisions of this code, he/she shall have the power
to impose any revocation or suspension clause contained within the
context of this article.
In addition to any penalty imposed for a violation of this article,
the Building Official may, at any time, revoke or suspend the license
of any mechanical master who neglects to carry out the provisions
of this article or refuses to be governed by such provisions in the
prosecution of his/her work.
The Building Official shall have the power to revoke, with just
cause, any license issued under this article. A license shall be revoked
immediately by the Building Official upon the conviction of the holder
thereof in a court of competent jurisdiction, for the violation of
any laws of the state, this code or ordinances of the City, relative
to the installation, repair, cleaning, or alteration in or to any
mechanical system.
A license issued pursuant to this article shall be revoked by
the Building Official when he/she finds that the holder is guilty
of one or more of the following:
A.
Fraudulent use of his/her license;
B.
Incompetency in the exercise of the privilege of the license;
D.
Refusal to perform his/her work to the requirements of the law;
E.
Such other breaches of duty by the holder of the license as the Building
Official may find which cause an unsafe or unsanitary condition, contrary
to the intent and purpose of this article.
In cases involving violations of the provisions of this article
or any other law or ordinance of the City of Seward relating to contractor
licensing or permit requirements, the following notification procedure
shall be implemented by the Building Official prior to actual revocation
of a license:
A.
For the first violation of this article, a written notification shall
be sent by certified mail to the licensee informing him/her of the
violation and future recourse by the City.
B.
The second violation of this article shall cause the Building Official
to suspend the license for a period of one month and notify the licensee,
again by certified mail, of the City procedures.
C.
The third violation of this article shall cause the Building Official
to revoke the license for a period of not less than six months and
not to exceed one year. The Building Official shall present his/her
case file to the City Council at the next regularly scheduled meeting
for enactment of temporary revocation proceedings.
D.
The fourth violation of this article shall cause the Building Official
to permanently revoke the license. The Building Official shall present
his/her case file to the City Council at the next regularly scheduled
meeting for permanent revocation.
In all cases involving revocation or suspension of a license
under this article, at least 15 days' notice of the contemplated
revocation or suspension shall be served upon the licensee, and such
notice shall indicate the time and place of the hearing, the general
grounds of the contemplated action, and shall advise the holder of
his/her right to appear at the hearing in person or by counsel for
the purpose of presenting his/her defense. In each case, the licensee
shall not continue to perform the duties associated with the privilege
of the license until the termination of the proceedings. This provision
shall be waived only if a court of competent jurisdiction issues a
temporary injunction against the City in such proceedings.
The Building Official shall make a complete record of the case involving any revocation or suspension of a license under this article and shall keep a written record of the testimony produced at the hearing held pursuant to § 225-11.11. He/She may request legal advice from the City Law Department and adopt such procedure for the decorum and the dispatch of business of such hearings as he/she may regard advisable.
The decision of the Building Official, at a hearing on the revocation
or suspension of a license under this article, shall be final. In
the case of a suspension of a license, the licensee's time in
grade for the particular license shall be suspended for the period
of suspension and shall begin accruing again at the end of the suspension.
An adverse decision by the Building Official may be appealed to the
City Council by filing with the Clerk within 15 days from such decision
a written notice of the intention to appeal and request for a hearing
before the City Council. The City Council, within 30 days of the filing
of such written notice, shall grant a hearing to the party appealing.
The revocation or suspension of a license shall not entitle the holder
to a refund of any part of the fee which he/she may have paid.
Whenever the Building Official deems it advisable, he/she may,
at his/her discretion, issue a special mechanical master's license
to any mechanical contractor who is not otherwise licensed by the
City to do mechanical work, but who can provide proof of competency
as a licensed mechanical master in another city's jurisdiction.
The special license, so issued, shall allow the licensee to do mechanical
work on the building for which it is issued and no other. The fee
for such special license shall be set from time to time by the City
Council, and such fees shall be paid to the City Building Official
before the special license is issued. A certificate of insurance which
provides combined coverage for bodily injury and property damage in
a minimum amount of $300,000 shall be provided to the Building and
Inspection Department prior to the issuance of a special license.
Upon the completion of the work for which the special license was
issued, such license shall expire and become null and void.
No person licensed under this chapter shall do any mechanical
work within the City and the two-mile zoning jurisdiction without
having in his/her possession a mechanical permit issued by the City
pursuant to this article containing the name of the mechanical master
or firm authorized to do the work. Permits associated with this article
shall be applied for by the mechanical master. When such permit has
been approved, it shall be signed and paid for by the mechanical master
associated with the business, firm, or corporation which has been
approved through other provisions of this Part 2.
No license required under this article shall be required of
any individual doing installation or repair of the mechanical systems
in the residence in which he/she lives; provided that such installation
is done in conformity with this code and any other ordinances of the
City. In all cases, the rules and regulations of this article shall
be complied with and such individual shall notify the City of such
work proposed, request inspection thereof and pay a permit fee to
cover the cost of the inspection. Furthermore, this section shall
only apply to those installations required for remodeling, additions
and repairs. No individual shall be allowed to perform any mechanical
work on new construction without first having passed the required
examination and having provided the necessary insurance required by
this article, and having been issued a license to do such work.
A master's license issued to an individual shall authorize
a company or corporation to engage in such business or occupation
during the period of time that the licensee maintains his connection
with such company or corporation. A license applied under the requirements
of this article shall be valid and in effect for one company, firm,
or corporation as an active license, and shall not be assignable to
any other company, firm, or corporation.
Any holder of a master's license under this article shall be
allowed to install gas appliances, regulated under the current edition
of the mechanical code, upon the issuance of a permit by the City.
All electrical work, to be done in conjunction with the work
under this article, shall be done in accordance with all electrical
regulations of the City by a holder of a master electrician's
license under this code.
