[Adopted 11-13-1957 as Ch. 12 of the General Ordinances, approved 11-15-1957]
As used in this article, the following terms shall have the
meanings indicated:
A steam boiler or battery of steam boilers having a single or
combined rating of 75 or more horsepower at all times when the furnace
or furnaces attached to said boiler or boilers contain fire or other
generating elements.
A steam boiler or battery of steam boilers containing, singly
or combined, 825 or more square feet of heating surface at all times
when the furnace or furnaces attached to said boiler or boilers contain
fire or other generating elements.
A steam boiler or battery of steam boilers on which or on any
part of which the safety valve or valves are set to open at a pressure
of 15 pounds or more per square inch at all times when the furnace
or furnaces attached to said boiler or boilers contain fire or other
generating elements.
A steam boiler or battery of steam boilers having a single or
combined evaporative capacity of 2,585 pounds of water per hour from
and at 212° F. at all times when the furnace or furnaces attached
to said boiler or boilers contain fire or other generating elements.
Any device, apparatus, motor machine or combination thereof
used to operate refrigerating, water-cooling or air-conditioning plants
having a single or combined capacity of 30 tons or over.
Any person operating a stationary boiler for the generation
of steam under 50 horsepower or 75 pounds' steam pressure, except
that this article shall not apply to any person so operating a boiler
under the direction and supervision of a person licensed either under
this article or under the provisions of the municipal ordinance of
this City relating to the licensing of engineers for the operation
of steam boilers and engines.
Any person who operates a portable power-produced or power-controlled
equipment, including but not limited to the operation of derricks,
pile drivers, hoisting equipment, road rollers, excavating equipment
and cableways, whenever such equipment is operated by a unit producing
50 horsepower or more.
Any person who operates a stationary boiler or power-producing
unit for the generation of power of more than 50 horsepower. Stationary
engineers licensed hereunder shall be classified as of First Class
or Second Class. There shall be no limitations as to the capacity
of the power-producing unit which a First Class stationary engineer
may operate. A Second Class stationary engineer, however, shall not
operate any unit or units for the generation of power, the aggregate
of which is in excess of 150 horsepower, unless under the direct supervision
of a First Class stationary engineer.
A.
Proof
of the failure to have a safety valve attachment which is set at not
more than 15 pounds, together with proof that such power-producing
unit was found in actual operation by one not a licensed stationary
engineer or a fireman duly licensed under this article and operating
under the direct supervision of such duly licensed stationary engineer,
shall be deemed presumptive proof of a violation of this article.
Proof that the manufacturer's stamping indicates that the safety
valve attachment is regulated at more than 15 pounds shall be deemed
conclusive proof that such boiler does not have a safety valve attachment
which is set at not more than 15 pounds.
B.
Proof
that any person operating a boiler or other power-producing unit failed
to exhibit a license issued by this City authorizing him to operate
such boiler or power-producing unit under such circumstances, after
demand made upon him for the production thereof by a City inspector,
or that, in lieu thereof, a person under whose direct supervision
such party was so operating had failed to produce any such license
authorizing such supervising person to act as such, shall be presumptive
evidence of a violation of this article by such person so operating
a boiler and by the owner, user, lessee, agent and superintendent
and any other person in charge of such building or establishment.
It shall be unlawful for any person to act as fireman, stationary
engineer or portable engineer of any boiler or other power-producing
unit in the City of Mount Vernon unless such person shall be at least
21 years of age, a citizen of the United States, a resident of Westchester
County for at least one year immediately preceding and shall have
been examined as to his qualifications and ability as herein provided
and received a license then in force and effect, issued by the Board
of Examining Engineers, authorizing him to act as such fireman, stationary
engineer or portable engineer, as the case may be; and it shall be
unlawful to so act after the revocation of such certificate or license
and until the restoration thereof or during the suspension of his
right so to act.
[Amended 12-14-1977, approved 12-15-1977; 3-12-1986, approved 3-13-1986]
Any person desiring to be employed as a fireman, stationary
engineer or portable engineer in the City of Mount Vernon shall make
written application to the Board of Examining Engineers of the City,
which Board shall examine the applicant as to his knowledge, his character
and habits with respect to the use of intoxicating liquors and narcotics
and as to his general physical and mental fitness to perform the duties
of such position or employment. Each applicant for a fireman's
license shall be required to pay a fee of $25 for the privilege of
undergoing such examination, and each applicant for an engineer's
license shall pay a fee of $25 therefor; and if, in the opinion of
the Board, such applicant is a suitable and safe person to be entrusted
with the duties of such position, a license shall be granted to him
as to his proper classification, authorizing him to be employed in
that capacity for a period of one year from the date of the issuance
of such license. Thereafter, unless in the opinion of the Board there
is reasonable ground for refusing such renewal, he shall be granted
a renewal of such license without reexamination, from year to year,
upon the filing of proper application and the payment of a fee of
$25 for each renewal, provided that application for each and every
renewal shall be made within 30 days after the expiration of the original
license or renewal thereof.
Should any applicant for a license as either a fireman, stationary
engineer or portable engineer fail in the examination herein provided,
and if, in the opinion of the said Board, such applicant shall be
found to be a fit and proper person in other respects to receive such
license, he may be permitted by the Board to be reexamined after the
expiration of 30 days from the date of his first examination, without
any additional fee. Should any applicant fail in such reexamination,
he may file a new application upon payment of a new fee after a period
of three months from the date of such reexamination, unless for sufficient
cause, in the opinion of the Board, a shorter period is prescribed
for it therefor.
Every person who has been employed as a fireman of a boiler
in the City of Mount Vernon for a period of one year or more next
prior to the passage of this article and who files with his application
a certificate of said fact under oath, accompanied by a statement
from his employer or employers verifying the same, shall, upon payment
of the required fee, be entitled to a license in such classification
without examination. Any person who is now licensed as a stationary
engineer of either First or Second Class under the existing ordinances
of the City of Mount Vernon shall be deemed to continue as a licensed
engineer of the specific class and term for which he is so licensed,
and such license shall be deemed to continue as a license issued and
valid under this article for the term issued.
[Amended 2-10-1965, approved 2-10-1965]
The Chief Examiner of Boilers shall be empowered to investigate
any and all charges of alleged incompetence or misconduct of any licensed
fireman, stationary engineer or portable engineer and to hold hearings
thereon, provided that reasonable notice in writing shall be given
to the alleged delinquent of the general nature of such charge or
charges and of the time and place for the holding of an investigation
thereof and of the hearing of witnesses and receiving evidence thereon,
and provided, further that said alleged delinquent shall have the
right to answer said charges in writing and to be present at said
hearing, together with such witness or witnesses as he may desire
to have heard and such counsel as he may desire to have represent
him. If after such hearing the Chief Examiner shall be of the opinion
that such licensee is incompetent, negligent or unskilled in the performance
of his duty or is addicted to the use of intoxicating liquors or narcotics,
or has willfully violated any provision of this article or has endangered
life or property or has been convicted of any crime which, in the
judgment of the Chief Examiner, affects the moral character of the
licensee, he shall have authority to suspend the license of the person
so offending for a period not exceeding three months or may revoke
such license.
[Amended 2-10-1965, approved 2-10-1965]
From the decision of the Chief Examiner refusing, suspending
or revoking any license as aforesaid, an appeal may be taken to the
Board of Examining Engineers by the person affected by such decision.
Written notice of such appeal shall be given to the Board within five
days after notice of the refusal, suspension or revocation of such
license, by service thereof on any member of the Board, whereupon
such Board shall give to such person an opportunity to be heard by
himself or his counsel, or both, and to produce such proofs as may
be pertinent, and the Board, or a majority of the members thereof,
may confirm, reject or modify such decision. The revocation of any
such license shall not bar the former holder thereof from making a
new application for another license after the expiration of six months
from the date of such revocation.
The license herein provided for shall entitle the holder to
operate only in the classification set out on such license and not
otherwise. The Board shall have the power to make any rules and regulations
limiting or controlling the use of such licenses within the purview
of the law.
[Amended 2-10-1965, approved 2-10-1965]
The fees charged and payable under § 98-4 of this article shall be paid over to the Comptroller of the City of Mount Vernon. The Chief Examiner and Examiners of Engineers shall receive such compensation as may be fixed by the Board of Estimate and Contract pursuant to provisions of the Charter of the City of Mount Vernon.
