City of Rochester, NY
Monroe County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Rochester City Council 12-27-1979 by Ord. No. 79-681.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Enforcement procedures — See Ch. 52.
Licenses for businesses and trades — See Ch. 68.
[1]
Editor' s Note: This ordinance also repealed former Ch. 103, Stationary Engineers and Refrigeration Operators Licensing Ordinance, adopted 9-10-1963, as amended.
The purpose of this chapter is to provide for the protection of life, public safety and the licensing of qualified individuals as stationary engineers and refrigeration operators in the City of Rochester. The provisions contained herein shall constitute the rules regulating a person or persons engaged in the work of stationary engineers and refrigeration operators in the City of Rochester. This chapter shall be known as the "Stationary Engineers and Refrigeration Operators Licensing Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
BOARD
The Board of Examiners of Stationary Engineers and Refrigeration Operators of the City as provided for in Article XII of the Charter of the City of Rochester.
BOILER
A closed vessel in which water is heated, steam is generated or steam is superheated, or any combination thereof, under pressure or vacuum for use external to itself by the application of heat from combustible fuels, electricity or any other source, but shall not include a device or apparatus used solely to heat hot water for a hot water supply system. The term "boiler" shall include the apparatus used by which heat is generated, and all controls and devices related to such apparatus or to the closed vessel. The term "boiler" also shall include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves.
[Added 3-16-1993 by Ord. No. 93-73]
BOILER PLANT
Any establishment which has contained in it a steam boiler or boilers, hot water boiler or boilers, steam or hot water generator or generators, steam engine or engines, steam turbine or turbines.
[Added 3-16-1993 by Ord. No. 93-73]
COMMISSIONER
The Commissioner of Neighborhood and Business Development of the City of Rochester, who shall possess the authority to enforce this chapter.
[Amended 2-10-1981 by Ord. No. 81-45; 6-16-2009 by Ord. No. 2009-179]
GROUP A1 REFRIGERANTS
Those refrigerants listed under this title in the ASHRAE Standard 34, such as but not limited to carbon dioxide and freons.
[Added 12-12-1995 by Ord. No. 95-415]
GROUP A2, A3, B1, B2, B3 REFRIGERANTS
Those refrigerants listed under this title in the ASHRAE Standard 34, such as but not limited to ammonia, sulphur dioxide, butane and ethane.[1]
[Added 12-12-1995 by Ord. No. 95-415]
ONE BOILER HORSEPOWER
The ability of a boiler or boilers in aggregate to produce 34.5 pounds of steam per hour at 212º F. or the ability to add 33,465 British thermal units (Btu's) per hour to the water in a hot water boiler.
[Amended 3-16-1993 by Ord. No. 93-73]
REFRIGERATING PLANT
Refrigerating equipment necessary to perform a refrigerating process and circulating any of the refrigerants listed by the American Society of Heating, Refrigerating and Air-Conditioning Engineers in Groups A2, A3, B1, B2, B3, as defined in ASHRAE Standard 34.
[Amended 12-12-1995 by Ord. No. 95-415]
REFRIGERATION OPERATOR
A person who possesses a license authorizing him or her to operate a refrigerating plant as defined herein.
[Amended 3-16-1993 by Ord. No. 93-73; 2-14-2006 by Ord. No. 2006-22]
STATIONARY ENGINEER
A person who possesses a license authorizing him or her to operate a boiler or boilers steam plant as defined herein.
[Amended 3-16-1993 by Ord. No. 93-73[2]; 2-14-2006 by Ord. No. 2006-22]
TON OF REFRIGERATION
The mechanical extraction from any substance of 12,000 British thermal units per hour.
[1]
Editor's Note: The definitions of "group one refrigerants," "group three refrigerants" and "group two refrigerants" which immediately followed this definition were repealed 12-12-1995 by Ord. No. 95-415. The definitions of "high pressure boiler" and "low pressure boiler" were repealed 3-16-1993 by Ord. No. 93-73.
[2]
Editor's Note: This ordinance also repealed the definition of "steam plant" which immediately followed this definition.
A. 
General requirement. Whenever a boiler is in use and the premises are in productive operation, a licensed stationary engineer shall be on the premises and shall be responsible for the operation of such boiler.
B. 
No person other than a licensed stationary engineer or refrigeration operator shall operate equipment as defined herein. No person who is a licensed stationary engineer or refrigeration operator may have charge of a plant in excess of that which is authorized by the scope of his or her license. No person whose license has been revoked, canceled or suspended may operate equipment, as defined herein, during such period that the license is revoked, canceled or suspended.
[Amended 2-14-2006 by Ord. No. 2006-22]
C. 
No person may employ or permit any person who is not a licensed stationary engineer or a refrigeration operator to be in charge of or operate equipment as defined herein, or any person who is a licensed stationary engineer or refrigeration operator to be in charge of or operate equipment, as defined herein, in excess of that which is authorized by the scope of his or her license.
[Amended 2-14-2006 by Ord. No. 2006-22]
D. 
If a licensed stationary engineer of the proper class has charge of equipment as defined herein, a licensed stationary engineer of a lower classification may operate such equipment under his or her responsibility. If a licensed refrigeration operator of the proper classification has charge of equipment as defined herein, a refrigeration operator of a lower classification may operate such equipment under the former's responsibility.
[Amended 2-14-2006 by Ord. No. 2006-22; 10-11-2011 by Ord. No. 2011-327]
E. 
No person shall have charge of or operate any combination of a boiler plant and a refrigeration plant, as defined in this chapter, without being duly licensed as both a stationary engineer and a refrigeration operator.
[Amended 3-16-1993 by Ord. No. 93-73]
[Amended 3-16-1993 by Ord. No. 93-73; 2-14-2006 by Ord. No. 2006-22]
There shall be the following classes of stationary engineers' licenses, third class engineer being the lowest and chief engineer being the highest, with other classes being of the degree as respectively set forth:
A. 
Third class engineers shall be entitled to take charge of and operate any boiler plant not to exceed 100 boiler horsepower. No person shall be permitted to take an examination for this license unless he or she has had at least one year's practical experience acceptable to the Board or has such experience as may be required of an applicant for a certificate of competence as a boiler operating engineer issued by the Industrial Commissioner of the State of New York.
B. 
Second class engineers shall be entitled to take charge of and operate any boiler plant not to exceed an aggregate of 500 boiler horsepower. No person shall be permitted to take an examination for this license unless he or she has held a third class stationary engineer's license and has had at least two years' practical experience acceptable to the Board.
[Amended 10-11-2011 by Ord. No. 2011-327]
C. 
First class engineers shall be entitled to take charge of and operate any boiler plant not to exceed an aggregate of 1,500 boiler horsepower. No person shall be permitted to take an examination for this license unless he or she has held a second class stationary engineer's license and has had at least three years' practical experience acceptable to the Board.
[Amended 10-11-2011 by Ord. No. 2011-327]
D. 
Chief engineers shall be entitled to take charge of and operate any boiler plant of any horsepower. No person shall be permitted to take an examination for this license unless he or she has held a first class stationary engineer's license and has had at least five years' practical experience acceptable to the Board.
[Amended 10-11-2011 by Ord. No. 2011-327]
[Amended 3-16-1993 by Ord. No. 93-73; 2-14-2006 by Ord. No. 2006-22; 10-11-2011 by Ord. No. 2011-327]
There shall be the following custodian license:
A. 
Holders of a custodian license shall be entitled to take charge of and operate a boiler or boilers for heating purposes only in an apartment-type building not used for the accommodation of transient residents. The boiler or boilers cannot exceed 50 horsepower and must operate at less than 15 psig.
B. 
Holders of a custodian license, acting under the direct or indirect supervision of a licensed stationary engineer in charge, shall be entitled to take charge of and operate a boiler or boilers at an establishment which is not in productive operation. If the establishment is in productive operation, then the custodian must be under the direct supervision of the licensed engineer responsible for the boiler or boilers on the premises.
[Amended 2-14-2006 by Ord. No. 2006-22]
There shall be the following classes of refrigeration operators' licenses:
A. 
Refrigeration operators, Grade R-4, shall be entitled to take charge of and operate any refrigeration plant, not to exceed 400 tons, provided that the motive power of the refrigeration equipment is other than steam. No person shall be permitted to take an examination for this license unless he or she has had at least one year's practical experience acceptable to the Board.
B. 
Refrigeration operators, Grade R-3, shall be entitled to take charge of and operate any refrigeration plant, not to exceed 750 tons, provided that the motive power of the refrigeration equipment is other than steam. No person shall be permitted to take an examination for this license unless he or she has held a Grade R-4 license and has had at least two years' practical experience acceptable to the Board.
C. 
Refrigeration operators, Grade R-2, shall be entitled to take charge of and operate any refrigeration plant, not to exceed 1,000 tons, provided that the motive power of the refrigeration equipment is other than steam. No person shall be permitted to take an examination for this license unless he or she has held a Grade R-3 license and has had at least three years' practical experience acceptable to the Board.
D. 
Refrigeration operators, Grade R-1, shall be entitled to take charge of and operate any refrigeration plant of any tonnage, provided that the motive power of the refrigeration equipment is other than steam. No person shall be permitted to take an examination for this license unless he or she has held a Grade R-2 license and has had at least five years' practical experience acceptable to the Board.
A. 
Every applicant for a stationary engineer's or refrigeration operator's license or a custodian's license shall make application for a license on forms as prescribed by the Board. The applicant shall state his or her name, address and experience in operating boiler plants or refrigeration plants sufficient to qualify for the class and type of license applied for.
[Amended 3-16-1993 by Ord. No. 93-73; 2-14-2006 by Ord. No. 2006-22; 10-11-2011 by Ord. No. 2011-327]
B. 
Fees.
(1) 
The applicant shall pay the following application fees at the time the application is made at the Permit Office of the Department of Neighborhood and Business Development:
[Amended 2-10-1981 by Ord. No. 81-45; 5-12-1992 by Ord. No. 92-175; 6-16-2009 by Ord. No. 2009-179]
(a) 
Application fee for stationary engineers and refrigeration operators: $60.
(b) 
Application fee for custodian's license: $60.
[Amended 2-14-2006 by Ord. No. 2006-22; 10-11-2011 by Ord. No. 2011-327]
(2) 
Said fee is forfeited in the case of failure of the examination or failure to appear for the examination.
A. 
An applicant for examination shall be required to meet the following prerequisites:
(1) 
Applicants must submit a completed application form.
(2) 
Applicants must satisfy the Board as to their experience.
(3) 
Applicants must be at least 18 years of age.
(4) 
Applicants must be able to read, write and speak in a manner sufficient to ensure proper and safe operation of all equipment covered by the type of license applied for.
B. 
The requirements of this section may be waived by the Board on a temporary basis if warranted.
[Amended 2-14-2006 by Ord. No. 2006-22]
Every applicant shall submit to an examination by the Board. Examinations shall be oral or written, or a combination thereof, as the Board may direct. In the event that an applicant fails his or her examination, a minimum period of 90 days shall elapse before he or she becomes eligible for re-examination.
A. 
The Board shall issue a license to each person deemed competent by it after such examination, of the kind and class for which the examination is held, which license shall be countersigned by the Commissioner.
B. 
The Board shall file in the office of the Commissioner all records made by it of examinations, a statement of the results thereof, the name and address of every person to whom a license is issued, the kind and class of license and the date of issue thereof, of which a record shall be kept by the Commissioner.
C. 
Upon payment of fees prescribed herein, a license shall be issued to any person who meets the requirements contained herein and who passes the examination prescribed by the Board. The Board may also give an examination to an applicant who, not meeting the requirements contained herein, presents to the Board a valid license or its equivalent of another properly constituted authority or satisfies the Board as to experience obtained. It shall be discretionary with the Board as to the classification of examination such person shall be allowed to undergo.
[Amended 2-24-1981 by Ord. No. 81-55; 6-18-1991 by Ord. No. 91-257; 5-12-1992 by Ord. No. 92-175; 3-16-1993 by Ord. No. 93-73; 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179; 10-11-2011 by Ord. No. 2011-327[1]]
A. 
Applicants who have successfully completed an examination and are not currently licensed by the City of Rochester as a stationary engineer or refrigeration operator shall pay the following prorated fee for a license:
Exam Date
Even Year
Odd Year
January to June
$240
$120
July to December
$120
$60
B. 
When renewing a license for stationary engineer or refrigeration operator, the fees shall be as follows:
(1) 
One license (all classes): $ 240.
(2) 
Two or more licenses (all classes): $ 250.
C. 
Upgrades for an existing license from one class to the next require only the exam application fee of $60 and no prorated fee.
D. 
All fees for licenses or renewal of licenses are payable to the City Treasurer. All fees are payable at the Permit Office of the Department of Neighborhood and Business Development.
E. 
An applicant who applies for more than one type of license must pay an application fee for each type of license.
[1]
Editor's Note: This ordinance provided an effective date of 12-1-2011.
[Amended 2-14-2006 by Ord. No. 2006-22]
Payments of any fee required by this chapter and any other sums shall be made to the order of the City Treasurer. All necessary expenses incurred by the Board shall be paid by the City Treasurer upon order to him or her, and certified by the Secretary of the Board.
Nothing in this chapter shall apply to:
A. 
Workers acting under the direct supervision of a licensed stationary engineer or refrigeration operator.
[Amended 2-14-2006 by Ord. No. 2006-22]
B. 
The operator of a high pressure boiler operated by the State of New York or a political subdivision thereof, provided that the operator has qualified in accordance with the New York State Civil Service Law and the rules promulgated thereunder.
C. 
Boiler or refrigerating plants, as defined herein, under the jurisdiction of the Interstate Commerce Commission.
[Amended 12-12-1995 by Ord. No. 95-415]
D. 
Boiler or refrigerating plants, as defined herein, located in establishments operated by a department of the Federal Government.
[Amended 12-12-1995 by Ord. No. 95-415]
E. 
Boilers used in residential buildings where the aggregate boiler horsepower does not exceed 50 horsepower and operates at less than 15 psig (pounds per square inch gauge).
F. 
Boilers used in any other establishment which do not exceed 40 aggregate boiler horsepower.
G. 
Refrigeration equipment located in an establishment which is not in productive operation.
H. 
Refrigeration equipment which circulates a Group A1 refrigerant.
[Amended 12-12-1995 by Ord. No. 95-415]
I. 
Refrigeration equipment which circulates a Group A2, A3, B1, B2 or B3 refrigerant and has an aggregate capacity of 75 tons or less.
[Amended 12-12-1995 by Ord. No. 95-415]
J. 
No refrigeration unit of 20 tons or less shall be taken into consideration in the calculation of aggregate tonnage of a refrigeration plant.
Every stationary engineer's or refrigeration operator's license shall at all times be exposed to view where the licensee is normally engaged at work.
[Amended 3-16-1993 by Ord. No. 93-73]
A. 
All licenses issued shall be issued for a maximum period of 24 months, to terminate on the 31st day of December in an odd-numbered year. The renewal period shall be between October 1 and December 31 of that same year. In the event that an applicant applies for renewal later than December 31, the fee for such renewal shall be 1 1/2 times the regular fee.
B. 
A license which is not renewed by January 31 of the subsequent even-numbered year shall be canceled without notice and may be reinstated by examination only.
C. 
In the event of a disability or serious illness of the licensee the Board may, in its discretion, extend the renewal date without penalty up to one year beyond the expiration date.
Licenses issued are subject to revocation or suspension at any time by a majority vote of the Board members. Any person may bring charges against a licensee. The Board shall establish a time and place to hear charges and may suspend a license for a period not to exceed 30 days pending such hearing. After the hearing, the Board may suspend or revoke a license upon a finding that the licensee has failed to comply with any state or local law, ordinance, rule or regulation relating to the conduct of the business for which the license is issued.
[Amended 10-13-1992 by Ord. No. 92-372]
A. 
Violations of this chapter may be referred to the Municipal Code Violations Bureau, wherein violators shall be subject to the penalties for high violations set forth in § 13A-11D(1) of the Municipal Code.
[Amended 10-11-2011 by Ord. No. 2011-327]
B. 
Violations of this chapter may also be enforced pursuant to Chapter 52 of the Municipal Code, and violators shall be subject to the penalties set forth in said chapter.
C. 
Violations of the licensing provisions of this chapter may be enforced pursuant to Chapter 68 of the Municipal Code, and violators shall be subject to the penalties set forth in said chapter.
Persons holding a valid third class license as a stationary engineer on the effective date of this chapter shall be deemed to have met the requirements of a new applicant for said license, and such licenses may be renewed or upgraded in accordance with the terms of this chapter.
Should any section, paragraph, sentence, clause or phrase in this chapter be declared unconstitutional or invalid for any reason, the remainder of the chapter shall not be affected, and to this end the provisions of this chapter are declared to be severable.