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City of Duquesne, MO
Jasper County
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Table of Contents
Table of Contents
[Ord. No. 141 § 1, 11-17-2009]
A. 
Except as otherwise provided in this Section, no person shall do heating, ventilation and air conditioning ("HVAC") work of any kind, install any mechanical or agree to do any HVAC or mechanical installation either by contract or on a time-and-wage basis or by employment of some other person who is not a duly licensed HVAC to do the work, or assume to direct or supervise any HVAC or mechanical work in the City, unless he/she shall then hold any unrevoked HVAC license issued to him/her by the City as provided in this Article.
B. 
A person who is not a licensed HVAC but who is employed by an HVAC who is licensed, as provided in this Article, may do HVAC work for such licensed HVAC as such work is done by him/her under the continuous and immediate supervision of such licensed HVAC. Such employee shall comply at all times with all provisions of this Article other than the one (1) requiring HVAC workers to have licenses.
C. 
An HVAC who is a full-time wage earner or salaried employee of an industrial plant in this City, who does HVAC work only for his/her employer and in his/her HVAC work no health hazards are involved, shall not be required to have an HVAC license, but he/she shall comply at all times with the provisions of this Article in all other respects.
D. 
The owner of property may himself/herself install HVAC to serve such property, if the HVAC does not and will not serve a dwelling and if he/she has obtained the required permit for such work; or if the HVAC to be installed or repaired does or will serve a dwelling, he/she may do the work himself/herself if all the following facts and conditions then exist:
1. 
The owner is to do all the work himself/herself without the help of any person other than a duly licensed HVAC;
2. 
The dwelling is a single-family dwelling;
3. 
The owner is not building such dwelling, or having it built, for sale;
4. 
The dwelling is not to be sold for at least one (1) year after the completion of the HVAC work;
5. 
The owner has applied for a permit to do such HVAC work; and
6. 
The owner, in doing the work, will comply with all applicable requirements of this Article and, in particular, will duly submit his/her work for inspection by the City Building Inspector.
[Ord. No. 141 § 1, 11-17-2009]
A. 
Every person desiring to obtain a heating, ventilation and air conditioning ("HVAC") license such as is required by this Article to engage in HVAC work in this City shall make application to the City according to the following procedure:
1. 
Present to the City Clerk an application, upon a form prescribed and approved by the City, for an HVAC license.
2. 
Tender to the City Clerk, with his/her application, the license fee in the amount of fifty dollars ($50.00).
3. 
In conjunction with his/her application, and before the application shall be acted upon, submit to the City Clerk proof of his/her having obtained comprehensive general contractor's bodily injury liability insurance providing for a limit of not less than one hundred thousand dollars ($100,000.00) for all damages arising out of bodily injuries to or for the death of one (1) person and subject to the limit for each person, a total limit of three hundred thousand dollars ($300,000.00) for all damages arising out of bodily injuries to or death of two (2) or more persons in any one (1) accident, and comprehensive general contractor's property damage liability insurance providing for a limit of not less than fifty thousand dollars ($50,000.00) for all damages arising out of injury to or destruction of property in any one (1) accident, and subject to that limit per accident, a total or aggregate limit of three hundred thousand dollars ($300,000.00) for all damages arising out of injury to or destruction of property during the policy period. This insurance must cover below-grade damage and be in full force during the entire construction process; and further be with a company approved by the City; and such insurance shall cover the licensee and all employees of the licensee who may perform work with the City under the provisions of this Article.
4. 
Each applicant shall file a certificate showing that he/she has workers' compensation insurance if, under the laws of the State, he/she is required to carry such insurance.
[Ord. No. 141 § 1, 11-17-2009]
Upon compliance with the provisions of Section 505.620 by an applicant for a heating, ventilation and air conditioning ("HVAC") license, the City Clerk shall issue such applicant a written license and shall authorize him/her, when the required insurance shall have been obtained, to do HVAC work within the City.
[Ord. No. 141 § 1, 11-17-2009]
Each heating, ventilation and air conditioning ("HVAC") license required by this Article shall expire with the ending of the calendar year in which it shall have been issued, except if a person holding an unexpired and unrevoked HVAC license issued by the City Clerk should apply, before the end of such year and in the manner required by Section 505.620 for an HVAC license for the following year, the City Clerk shall issue such license and show thereon that it is for such following year. No HVAC license shall be issued except upon the applicant's complying with the requirements of Section 505.620 regardless of when the application therefor shall be made.
[Ord. No. 141 § 1, 11-17-2009]
Every person who is or who shall be doing heating, ventilation and air conditioning ("HVAC") work in this City and who is required by this Chapter to have an HVAC license issued by the City Clerk shall pay to the City an annual license fee as set forth in Section 505.620 of this Code. Such license fee shall be paid on or before the first day of January or in accordance with Section 605.050 of this Code.
Persons doing heating, ventilation and air conditioning (HVAC) work without a required license shall pay a late fee in the amount of fifty dollars ($50.00) in addition to the annual license fee; provided, however, the late fee shall not be imposed if the required license is obtained before 12:00 Noon on the next business day after notification by the City of the need to obtain the license.
[Ord. No. 141 § 1, 11-17-2009]
Payment of the heating, ventilation and air conditioning ("HVAC") license fee assessed by this Article shall not relieve any merchant HVAC from the payment of any license fees assessed by this Code or any other ordinance of this City against merchants. The term "merchant HVAC" means a person who is or has been a holder of an HVAC license and who, in addition to doing HVAC work, sells fixtures, appliances or merchandise of any kind.
[Ord. No. 141 § 1, 11-17-2009]
No person to whom a heating, ventilation and air conditioning ("HVAC") license has been issued for the City shall cause or permit the certificate to be used in any manner by another person, and no other person except the person to whom the license has been issued shall use the license in any manner.
[Ord. No. 141 § 1, 11-17-2009]
A. 
In the event that any holder of a heating, ventilation and air conditioning (HVAC) license shall violate any of the terms or provisions of this Article, his/her certificate may be suspended or revoked by the Building Inspector after notice to the holder of such HVAC license that the Building Inspector has suspended or revoked the same. Such notice shall be in writing. There shall be sufficient service thereof if it shall be deposited in the United States mail, directed to the last known address of the holder of the license required by this Chapter.
B. 
The holder of an HVAC license which has been suspended or revoked by the preceding Section shall be entitled to appeal to the Board of Aldermen from the ruling of the Board, which appeal will be informally taken, but in any case must be taken within ten (10) days after such suspension or revocation of such certificate by the Board. The Board of Aldermen shall provide full opportunity for the person whose certificate has been suspended or revoked to appear before it and show cause why his/her certificate should not be suspended or revoked.