[HISTORY: Adopted by the City Commission
of the City of Parsons 12-28-1990 by Ord. No. 5553 (Ch. 7, Art. V of the
1985 Code). Amendments noted where applicable.]
[Amended 3-16-1992 by Ord. No. 5589]
When used in this chapter, the following words
or terms shall have the meanings respectively ascribed to them in
this section:
Any person who is working at the trade in the employment
of a licensed mechanical contractor and is under the direct supervision
of a master mechanic or a journeyman mechanic (definition not included
in state statutes).[1]
Any person having the necessary qualifications, training,
experience and technical knowledge to install and repair mechanical
heating, ventilation and air-conditioning systems (K.S.A. § 12-1540).[2]
Any person having the necessary qualifications, training,
experience and technical knowledge to properly plan, lay out and supervise
the installation and repair of mechanical heating, ventilation and
air-conditioning systems (K.S.A. § 12-1540).[3]
Any person, firm, copartnership, corporation, association
or combination thereof who or which undertakes or offers to undertake
for another, for hire, the planning, laying out, supervision and installing
or making of additions, alternations, and repairs in the installation
of mechanical heating, ventilation and air-conditioning systems (K.S.A.
§ 12-1540).
Nothing in this chapter shall in any way relieve
any mechanic from responsibility for materials he furnishes or installs
or impair in any way his liability for failure to use due care in
protecting life and property in the subsequent use of mechanical installations
made by him, nor shall the City be held as assuming liability by reason
of any inspection authorized herein or certificate issued.
When the Mechanical Code heretofore adopted[1] shall use the term "Administrative Authority" the same
shall be deemed to mean the City Manager of the City of Parsons, Kansas,
who shall in turn designate a Mechanical Inspector.
A.
The Mechanical Inspector shall keep complete records
of all permits issued, inspections made and certificates issued and
all other official work performed under the provisions of this chapter.
All necessary blanks and record books shall be provided by the City.
B.
The Mechanical Inspector shall have the right and
privilege to enter any building within the City within reasonable
hours for the purpose of making inspections of heating, ventilation,
and cooling equipment or appliance installations constructed or under
construction in such building.
Mechanical systems for which a permit is required
by this chapter shall be inspected by the Mechanical Inspector. No
portion of any mechanical system intended to be concealed shall be
concealed until inspected and approved.
[Amended 1-16-2001 by Ord. No. 5902]
An appeal may be taken from an order or decision
of the Mechanical Inspector to the Building Trades Board. The decision
of the Board shall be final and binding. No appeal shall be allowed
from any order or decision of the Mechanical Inspector unless the
same is requested within 30 days of the order or decision.[1]
Every person, before entering upon any construction
or erection of any mechanical system regulated by this chapter in
any new building or any original installation in any building or any
alteration in the City shall obtain a permit from the Mechanical Inspector
describing the proposed work before proceeding.
[Amended 11-15-2004 by Ord. No. 6023]
A permit required by this chapter shall only
be issued to:
A.
A licensed mechanical contractor.
B.
Any property owner of residential property personally
performing any mechanical improvements, alterations or construction
within or upon residential property owned by him or her, provided
that the owner of residential property shall secure a permit, pay
required fees, do work in accordance with this chapter, apply for
an inspection and receive approval. Personal mechanical construction
by an owner of residential property under this subsection shall be
by himself or herself, for himself or herself, on his or her own property,
without compensation, and no person shall be employed to assist him
or her in any way on such work except a contractor licensed by the
City.[1]
[1]
Editor's Note: Original § 7-181,
Special qualifications for mechanical journeyman and master mechanical,
which immediately followed this section and was amended 3-16-1992
by Ord. No. 5589, was repealed 1-16-2001 by Ord. No. 5902.
[Added 11-15-2004 by Ord. No. 6023]
This chapter shall not be construed to relieve
from or lessen the responsibility or liability of any party owning,
operating, controlling or performing any mechanical construction for
damages to persons or property caused by any defect therein, nor shall
the City be held as assuming any such liability by reason of the inspection
or reinspection authorized herein or the certificate of approval of
any work or equipment authorized herein or by reason of any permit
or license granted herein.
The ratio for apprentice will be one apprentice
to one journeyman.
[Amended 1-16-2001 by Ord. No. 5902]
A.
It shall be unlawful for any person to engage in business
as a mechanical heating, ventilation and air-conditioning contractor
without a license from the City. It shall be unlawful for any person
to engage as a master mechanic or a journeyman mechanic without a
certificate issued by the City. No person shall be issued a license
or certificate pursuant to this chapter unless he/she pays the appropriate
fee listed below to the City:[1]
B.
All such certificates and licenses shall be in effect
to the end of the calendar year, at which time they may be renewed
upon receipt of appropriate fees.
C.
All fees shall be paid at the office of the City Clerk.
The full amount of the required fee shall be paid at the time of issuance
of the license or certificate irrespective of the date of issuance.
No person shall be issued an original or initial certificate unless he/she successfully passes an examination with a score of 75% or greater designated by K.S.A. § 12-1541 and amendments thereto. A certificate of competency from such examination shall be valid proof of the competency of a master or journeyman mechanic, and the applicant shall be issued the appropriate license after which time a person has paid the appropriate fee as listed in § 420-11. Any person who holds a valid license or certificate issued by the City of Parsons on the effective date of this section as a master or journeyman mechanic shall be considered to have valid proof of competency, and said person shall be allowed to renew the license or certificate so issued if the license or certificate to be renewed is otherwise current and shall be exempt from the examination requirements.
[Amended 1-16-2001 by Ord. No. 5902[1]]
Any person, firm or corporation desiring to engage in business as a mechanical heating, ventilation and air conditioning contractor in this City shall pay a license fee as provided in § 420-11. Said license shall be issued by the City Clerk. The license fee required herein shall extend to a master mechanic engaged in the business of mechanic within the City and shall likewise extend to mechanical heating, ventilation and air conditioning contractors who have in their employ a master mechanic. It is the intent and purpose of this section to require one license fee only for each person, firm or corporation engaging in the business of mechanical heating, ventilation and air-conditioning contractor within the City as an individual unit.
[Amended 8-19-1991 by Ord. No. 5571; 1-16-2001 by Ord. No.
5902]
Before a mechanical heating, ventilation and
air-conditioning contractor license is issued, the person making application
shall have on file with the City Clerk a certificate of liability
insurance and products liability insurance with completed operations
endorsement in the amount of $300,000. Said certificate shall require
the insurance company to notify the City Clerk in the event of cancellation.
[Amended 1-16-2001 by Ord. No. 5902]
The Building Trades Board, upon five days' notice
to the person holding a license or certificate under the provisions
of this chapter, may revoke such license or certificate if said licensee
has been convicted in court of violating any of the provisions of
this license or if said license or certificate has been fraudulently
obtained or for other good cause shown. In the case of revocation
of the license or certificate of any such licensee, no new license
or certificate shall be issued to such person or any person on his
behalf for a period of 90 days thereafter. Upon written notice filed
in the City Clerk's office within 10 days after action taken by the
Building Trades Board, said action may be appealed to the governing
body of the City of Parsons for hearing and review of any aggrieved
party.
A license issued pursuant to this chapter shall
be nontransferable. It shall be unlawful for any person to allow or
permit his license to be used by another for the purpose of securing
any permit required by this chapter.
[Amended 1-16-2001 by Ord. No. 5902[1]]
All mechanical heating, ventilation and air-conditioning
contractors licensed by the City shall display or post the required
license in their place of business, and all persons licensed by the
City to work in the mechanical trades shall carry their licenses on
their persons and exhibit the same on demand of the City Building
Inspector, his/her assistant or any officer of the City. An apprentice
mechanic must possess at all times documentation that clearly identifies
the mechanical heating, ventilation and air-conditioning contractor
employing the apprentice and the name and address of the certified
journeyman or master or residential mechanic that is responsible for
directly supervising the work of the apprentice.
