ARTICLE VII: Additions, Completions, Modifications, Amendments to International Mechanical Code - 2018

§ 10-701 [Sec. 101.1 through Sec. M-130.5] Modifications.

The numbered subsections of this section represent additions to the International Mechanical Code 2018 or correspond to Sections of said Code which are completed, modified, amended or deleted thereby.

SEC. 101.1 TITLE.
These regulations shall be known as the Mechanical Code of the City of Bloomington hereinafter referred to as the Mechanical Code or "this Code."
SEC. 106.5.2 FEE SCHEDULE.
The fees for all mechanical work shall be as shown in Article IV, Section 108.11.
SEC. 106.5.3 FEE REFUNDS.
The Building Official is authorized to establish a refund policy. In the case of a revocation of a permit or abandonment or discontinuance of a work project, no fees shall be subject for refund.
SEC. 108.4 VIOLATION PENALTIES.
Any person who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, install, construct, alter or repair mechanical equipment or systems in violation of the approved construction documents or directive of the Code Official/Building Official, or of a permit or certificate issued under the provisions of this Code shall be guilty of a misdemeanor, punishable by a fine of not more than $500 or by imprisonment not exceeding six months, or both such fine and imprisonment. A separate offense shall be deemed committed each day that a violation continues.
SEC. 108.5 STOP-WORK ORDERS.
Upon notice from the Code Official/Building Official that mechanical work is being done contrary to the provisions of this Code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the Code Official/Building Official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine not less than $100 or more than $500.
SEC. M-130.0 LICENSING OF MECHANICAL CONTRACTORS.
SEC. M-130.1 MECHANICAL WORK; LICENSE REQUIRED.
It shall be illegal for any person to do work pertaining to any heating, cooling, ventilating, refrigeration systems, or gas piping systems without being a licensed mechanical contractor.
A building-occupant of a single-family residence can install or do mechanical work in his own house, including accessories of the same without a license but is subject to all other provisions of this Code.
To qualify as a builder-occupant, the single-family residence to be worked on must be resided in by the builder-occupant for a period of at least one year from the date an occupancy certificate is issued and/or a final inspection is completed.
SEC. M-130.2 MECHANICAL BUSINESS; LICENSE REQUIRED.
(a)	Except as provided in Subsection (b) below, every person who shall desire to practice the business of a mechanical contractor shall first obtain a license to do so as provided by this chapter.
(b)	All manufacturing and commercial establishments that have a qualified maintenance staff to do the mechanical work must secure a premises-only license to do mechanical work on their own premises. The application must be filed by the authorized representative of such manufacturing or commercial establishment, the license must be in the company, the firm, limited liability company or corporation's name and must pass the N31 National Standard Journeyman Mechanical examination, proctored by the International Code Council (ICC) National Contractor/Trades Examination program. No bond is required in connection with such premises-only license. Permits must be taken out on all installations and major repairs, and inspection of the same requested upon completion.
SEC. M-130.3 EXAMINATION PREREQUISITE TO ISSUANCE.
Every applicant for any license required by this Mechanical Code must pass the W29 National Standard Master Mechanical examination, proctored by the International Code Council's (ICC) National Contractor/Trades Examination program. The exam shall be based on the most recent editions of the codes available. The cost of the exam shall be responsibility of the applicant.
(a)	Application for License. Application for a license as a mechanical contractor, shall be made to the Economic & Community Development Department upon forms provided by the department. The application shall state the type of contracting in which the applicant is engaged; that he, or the partnership of which he is a member or a corporation of which he is an officer or representative, is a party directly interested in the license; if a nonresident, the address of his place of business; and if the application is for a license to be issued in the name of the partnership or corporation, the correct name thereof, the location of its principal office, and the length of time such partnership or corporation has been in existence.
(b)	Applicant's Qualifications. An applicant for a license as a mechanical contractor as defined in this Mechanical Code shall be at least 21 years of age and shall have had at least four years' practical experience in the field or class in which a license is desired, or shall have satisfactorily completed a course in the subject for which the license is sought given by a recognized school, plus one year practical experience in the same, or shall be a registered professional engineer.
SEC. M-130.4 BONDS, EXAMINATION, INSURANCE AND LICENSE FEES.
(a)	Bond Required of Applicant.
(1)	Any person applying for a new or renewed license required by this Mechanical Code shall execute and deliver to the City Clerk a bond in the penal sum of $2,000 payable to the City or a continuation certificate for the same. Such bond shall be made for the use and benefit of the owner of, or any party in interest in the property where the Licensee furnishes any material furnished in violation of the requirements of any law of the State or Code of the City governing such work. The Secretary of the Board shall report to the Board as to the existence and sufficiency of such bond. The bond will be used to correct or complete a project in accordance to the laws and Codes of the City when the contractor fails or is unable to do the same upon written notice from the City.
(2)	The requirements of Subsection (1) above shall not preclude the Building Official from requiring, at his discretion, additional bond commensurate with the size of a project if he deems it necessary.
(b)	Renewals; Expiration of License. Any person holding a valid license as a Mechanical Contractor from the City of Bloomington on the effective date of this Ordinance shall have the right, without further examination, to obtain a License from the Building Board of Appeals and a license each year thereafter from the City Clerk upon the payment to the City Clerk of a license fee, certificate of liability insurance, and the execution of a bond as required by this chapter.
The license fee for an annual renewal of a license shall be $75. All licenses and renewals of the same shall expire on the 31st day of December of each year, and a renewal shall be obtained on or before January 31st of the following year.
Any license forfeited for nonpayment of the renewal fee may be reinstated upon the payment of the annual renewal fee, plus $25 for each month, or portion of a month that such delinquency has continued; provided, however, that after the same has been delinquent and not in force on March 1st of any year, then the same shall be null and void and shall not be renewed.
(c)	Licenses for Partnerships, Limited Liability Companies, and Corporations. No partnership, limited liability company, or corporation shall practice or engage in the business of a Contractor, unless a member of the partnership, or an officer or duly authorized representative of such corporation shall obtain a license to be issued to him in behalf of and for the benefit of such partnership, limited liability company, or corporation, which shall be so named in such license, the license shall be issued only if such member of such firm, or officer or representative of such corporation, is personally qualified and complies with all of the provisions of this chapter.
(d)	Reciprocal Provisions. Any person, firm, limited liability company, or corporation who is registered or licensed for the current year in any jurisdiction where the requirements of registration or license were at the date of such registration or license substantially equal to the requirements in force in this City and such jurisdiction extends a similar privilege to the persons registered and licensed under this Mechanical Code, they shall not be required to take an examination, but shall pay a registration fee of $75 as provided in this chapter, to engage in mechanical contracting for such year in this City, and shall file a copy of his registration or license with the Secretary of the Building Board of Appeals.
(e)	Liability Insurance Required of Applicant. A satisfactory certificate of liability insurance against any form of liability with a minimum of $100,000 for property damage and $300,000 for personal injury. The insurance shall be maintained in full force and effect during the term of the registration and said insurance or certificate provide that the City be notified of any cancellation of the insurance 10 days prior to the date of cancellation.
SEC. M-130.5 LICENSE SUSPENSION, REVOCATION AND/OR MONETARY PENALTY.
(a)	Following a hearing as set forth in § 10-212 of this chapter, the Board may suspend, revoke, or fine a licensee for any of the following reasons:
(1)	Failure to obtain a permit as required under this chapter or any other provision of the Bloomington City Code, State or Federal law;
(2)	Taking out or obtaining a permit required by this chapter for work to be done by another person, firm or other legal entity not employed or otherwise under the supervision and control of the permitted;
(3)	Abandonment without reasonable cause of any project or operation engaged in or undertaken by the licensee as a contractor as defined in this chapter;
(4)	Conviction of fraud in the furnishing of mechanical work;
(5)	Deliberate disregard of the Mechanical Code, the safety or the labor laws of the State or any subdivision thereof;
(6)	The refusal to correct work which has been installed improperly when directed to do so by the Director of Economic & Community Development or the Director's designee;
(7)	Repeated failure to properly perform mechanical work; or
(8)	Failure to pay any fine when due owed to the City of Bloomington assessed by the Building Board of Appeals, McLean County Circuit Court or other administrative or judicial authority.
(b)	The Building Board of Appeals may fine a licensee not less than $50 nor more than $500 for doing any prohibited act or failing to do any required or specified act referred to herein. A separate offense shall be deemed committed for each day during or on which a violation occurs or continues. Each fine shall be paid on or before the payment date set by the Board of Appeals, court or administrative agency and, if an order does not specify a payment date, each fine shall be due and payable in full on or before the fourteenth-day following the date the order is entered by the Board, court or agency. In the event any fine is not so paid, it shall be a debt to the City of Bloomington which shall be collectible in the small claims court or in any other court in which debts to the City may be sued for and collected.
(c)	The term "licensee" and/or "person" shall mean any person, partnership, limited liability company, corporation or other legal entity as the context of applying the facts of a particular case to these provisions indicates is proper. Every act or omission of any nature constituting a violation of any of the provisions of this act by, for or on behalf of any licensee or any director, manager, agent, or employee of any licensee shall be deemed to be the act of such licensee, and shall be punishable in the same manner as if such acts or omission had been done, or not done by the licensee personally.