The title of this part shall be the heating, air conditioning and mechanical refrigeration code of the city, and may be cited as such.
(1972 Code, sec. 7-140; Ordinance 294 adopted 8/21/1979; 1995 Code, sec. 150.150)
The purpose of this code is to protect the health, safety, property and welfare of the general public and to protect the public from any improper business practices employed by any person or persons and to insure the safe design, construction, installation and service of mechanical equipment pertaining to heating, ventilation, air conditioning and mechanical refrigeration in the city.
(1972 Code, sec. 7-141; Ordinance 294 adopted 8/21/1979; 1995 Code, sec. 150.151)
(a)
No person, except the residing homeowner where air conditioning work is being performed, shall engage in the business of installing or altering heating, ventilating, air conditioning or refrigeration systems or any part thereof unless such person is the holder of an air conditioning contractor’s license of the appropriate class, issued by the state under the provisions thereof, authorizing such person to engage in such business; nor shall any firm, partnership or corporation engage in the business of installing or altering heating, ventilation, air conditioning or refrigeration systems or any part thereof unless such installations or alterations are supervised by a duly licensed holder of a state air conditioning contractor’s license.
(b)
Adopted by reference are all requirements found in the state rules and regulations concerning the practice and licensing of air conditioning contractors, also known as title 16, Economic Regulations, part 4, Texas Department of Licensing and Regulation, chapter 75, Air Conditioning and Refrigeration, as amended.
(1972 Code, sec. 7-142; Ordinance 294 adopted 8/21/1979; Ordinance 296 adopted 11/20/1973; Ordinance 365 adopted 10/18/1988; 1995 Code, sec. 150.152)
For the purpose of this part, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
The initial constructing, equipping or installing of an air conditioning, heating, ventilating or refrigerating equipment system. However, the installation of window air conditioners and space heaters is specifically exempted from the provisions of this part. “Installation” shall not include any plumbing on a gas unit except from the unit itself to the gas stop, which shall not be more than 36 inches from the unit. It shall include conduit drain lines but shall not include tapping of same into the existing plumbing system of the building. “Installation” shall not include any electrical work except connection of the unit to the existing electrical disconnect within sight of the unit.
Working on, maintaining or replacement of any items for the sole purpose of maintaining the life or service of the system of which such item is a part, specifically including, but not limited to, piping systems and associated valves and duct work; provided, however, when an item is replaced, the replacement must be of like type and the same size and capacity as the item replaced.
A self-contained air conditioning unit without duct work, for installation in a wall opening or window.
(1972 Code, sec. 7-143; Ordinance 294 adopted 8/21/1979; 1995 Code, sec. 150.153)
(a)
Created; composition.
There is hereby created the city heating, air conditioning and mechanical refrigeration board, hereinafter variously called “the board,” consisting of five members. The five members of the board shall be appointed by the city council. Each of the five positions shall be numbered and the board shall elect one member to be chairman.
(1)
Position number 1 shall be filled by a person actively engaged in the construction of commercial or residential buildings in the city.
(2)
Position numbers 2, 3 and 4 shall be filled by a duly licensed heating, air conditioning or mechanical refrigeration contractor holding a class I or class III license who has actively engaged in such work for at least five years immediately prior to the confirmation and approval to serve on the board.
(3)
Position number 5 shall be filled by an employee of the city or some other person not engaged in the construction business.
(b)
Appointment of members; terms; removal.
Each member shall be appointed, confirmed and approved to serve a term of two calendar years, except for the primary terms of positions 1, 2, and 5, which shall be for one year only and two years for each subsequent term. Any member shall be subject to discharge or removal from his or her position on the board at any time by the city council for good cause.
(c)
Vacancies.
Should a vacancy occur on the board, the city council shall appoint another person as member to serve out the unexpired term of such vacancy.
(d)
Meetings; compensation of members.
The board shall meet regularly at least once a month and shall serve without compensation.
(e)
Quorum; voting.
Four members of the board at any meeting shall constitute a quorum for the transaction of all business of the board. A majority vote of the members present at any meeting shall constitute the official action of the board.
(f)
Bylaws.
The board shall adopt and may amend bylaws to govern its procedure, consistent with this division.
(g)
Powers and duties.
The board is authorized to hear and act upon interpretations of this division, to hear appeals regarding the same, to review new materials presented to it and to submit recommendations regarding changes to the city council.
(1972 Code, sec. 7-144; Ordinance 294 adopted 8/21/1979; Ordinance 365 adopted 10/18/1988; 1995 Code, sec. 150.154)
(a)
Designation of board.
The five members of the city air conditioning and mechanical refrigeration board shall act as the board of appeals and variance.
(b)
Powers of board.
The board of appeals and variance shall have the following powers:
(1)
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by any administrative official in the enforcement of this division;
(2)
To authorize, in special cases, such variances from the terms of this division as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of this division will result in unnecessary hardships and so that the spirit of this division shall be observed and substantial justice done.
(c)
Officers; adoption of rules.
The members of the board of appeals and variance will appoint a chairman and secretary from its membership and may adopt rules to govern its proceedings.
(d)
Appeals procedure.
The procedure for appeals to the board from the actions, orders or rulings shall be as follows:
(1)
Filing of statement.
(A)
The appellant shall file with the city secretary a written statement specifying:
(i)
Description of the place where the subject construction or installation is located, including postal address and legal description;
(ii)
Name of the assistant, inspector or other officer, if any, whose action, order or ruling is complained of;
(iii)
Description, including a scale diagram, of the subject construction or installation or so much thereof as involved in the complaint as to action, order or ruling;
(iv)
Date of the subject action, order or ruling;
(v)
Statement of the nature of the action, order or ruling;
(vi)
Statement of reasons why such action, order or ruling is incorrect and a declaration of the action the appellant desires by the city building official;
(vii)
The mailing address of the appellant.
(B)
The statement shall be signed by an owner of the subject property, or by a person duly licensed by the city under this code or by a representative of a contractor working or applying to work on the subject property, and duly acknowledged under oath, or by a representative of the city if the city is the appellant.
(2)
Setting of hearing date.
The city secretary shall immediately notify the official or the inspector, as the case may be, and the chairman or the secretary of the board. Such board officer shall then fix a hearing day, hour and place of hearing in the city hall for appeal. The hearing day shall not be more than 15 days after the day upon which the written request for appeal is filed with the city secretary.
(3)
Decision.
The board shall have the right to affirm, modify or reverse the appealed action, order or ruling and it shall mail written notice of its decision, and the reasons thereof, to all interested parties of record, within seven days after final adjournment of the hearing. In no case shall the notice of decision be mailed later than 25 days after the first day of the hearing. In the event the board fails to decide upon the appeal within such 25-day period, the appeal shall be affirmed. Within 15 days after the board’s decision, either party may appeal the decision to the city council.
(1972 Code, sec. 7-145; Ordinance 294 adopted 8/21/1979; 1995 Code, sec. 150.155)
The 2018 International Mechanical Code, in its totality, is hereby adopted by reference, specifically including only those appendices and as schedules set forth below and with the following exceptions, deletions or amendments:
(1)
Exceptions, deletions, or amendments:
(A)
Section 108.4: Section 108.4 is deleted in its entirety.
(B)
Section 108.5: Insert $100.00 and $500.00 in the area designated as “(amounts).”
(C)
Section 112: Section 112 is deleted in its entirety. (Board of Appeals.)
(D)
Section 313.2: Section 313.2 is deleted in its entirety. (Automatic Fire Sprinkler System.)
(1995 Code, sec. 150.022; Ordinance 3679 adopted 1/6/2004; Ordinance 4205 adopted 3/2/2010; Ordinance 4915 adopted 10/19/2021)