[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Editor' s Note: This ordinance also repealed former Ch. 103,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:
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.
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]
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]
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]
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]
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]
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 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]
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]
A person who possesses a license authorizing him or her to
operate a boiler or boilers steam plant as defined herein.
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.
[Amended 2-10-1981 by Ord. No. 81-45; 5-12-1992 by Ord. No. 92-175x; 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; 2-15-2022 by Ord. No. 2022-48]
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 either paper or digital 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.
B.
Fees.
(1)
The applicant shall pay the following application
fees at the time the application is submitted, either in person at
the permit office of the Department of Neighborhood and Business Development,
or remotely by means of a digital portal as prescribed by the Department:
(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; 2-15-2022 by Ord. No. 2022-48]
Every applicant shall submit to an examination approved by the
Board. Examinations administered by the Board 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.
In lieu of an examination administered by the Board, an applicant
may present to the Board the results of an examination prepared and
administered in another jurisdiction and/or by a qualified expert
third party, provided that the Board, based on the examination's subject
matter, form (including whether it is written or otherwise), origin
(including its date and author), date administered, and passing score,
approves the examination result as being sufficient to demonstrate
the applicant’s competence and qualifications for the class
of license that he or she seeks.
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
|
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 either in person at the permit office of the
Department of Neighborhood and Business Development, or remotely by
means of a digital portal as prescribed by the Department.
[Amended 2-15-2022 by Ord. No. 2022-48]
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]
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.
