Ordinance No. 7,202Published in The Baytown Sun: 950112 -5
Wednesday, January 18, 1995
Thursday, January 19, 1995. ORDINANCE NO. 7202
• AN ORDINANCE AMENDING CHAPTER 16%, "MECHANICAL CODE,"
ARTICLE I "IN GENERAL," SECTION 1634 -4 "MECHANICAL
INSPECTOR OR OFFICIAL," AND SECTION 1634 -7 "PENALTY FOR
VIOLATION OF CHAPTER PROVISIONS," OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN; AS WELL AS ARTICLE II
"LICENSES," SECTION 1634 -10 "UNLAWFUL TO ENGAGE IN
BUSINESS OF AIR CONDITIONING CONTRACTING WITHOUT A
LICENSE," SECTION 16% -11 "LICENSE CATEGORIES," SECTION
16% -12 "APPLICATION," SECTION 16% -14 "FEES," SECTION
16% -18 "OBTAINING PERMIT FOR OTHERS," AND SECTION 1634 -20
"INSURANCE REQUIREMENTS" OF THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN; AND REPEALING ARTICLE I "IN GENERAL"
SUBSECTION (C) OF SECTION 1634 -3 "SAME -- POWERS AND
DUTIES," ARTICLE II "LICENSES," SECTION 1634 -13
"EXAMINATION," SECTION 16% -15 "RENEWAL," SECTION 1634 -16
"LICENSE NOT TRANSFERABLE," SECTION 1634 -17 "PERMIT
REQUISITE," SECTION 1634 -19 "SUSPENSION OR REVOCATION,"
AND SECTION 1634 -22 "MECHANICAL WORK BY HOMEOWNERS," OF
THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN; PROVIDING
A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 16% "Mechanical Code," Article
I "In General,"" Section 1634 -3, "Same -- Powers and duties,"
subsection (c) of the Code of Ordinances, City of Baytown, Texas,
is hereby repealed.
Section 2: That Chapter 16% "Mechanical Code," Article I
"In General," Section 1634 -4 "Mechanical inspector or official,"
of the Code of Ordinances, City of Baytown, Texas, is hereby
amended to read as follows:
Sec. 161A-4. Mechanical inspector or official.
The city mechanical inspector or official shall serve as
ex officio secretary of the board and shall perform the
following services:
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(a) Keep the minutes, books, files and other records of
the board.
(b) Send out all notices and attend to all
correspondence under direction of the board.
(c) Collect permit fees provided for in the ordinance
which shall be deposited with the building
official.
(d) Perform such other duties as are incidental to his
office and as may be required by the board.
(e) Enforce and execute all decisions of the board.
(f) Ensure the board is furnished with miscellaneous
office supplies.
Section 3: That Chapter 16% "Mechanical Code," Article I
"In General," Section 16 % -7 "Penalty for violation of chapter
provisions," of the Code of Ordinances, City of Baytown, Texas, is
hereby amended to read as follows:
Sec. 16 % -7. Penalty for violation of chapter provisions.
Any person violating any of the terms and provisions of
this chapter shall be guilty of an offense and upon conviction
shall be fined not more than five hundred dollars ($500.00).
Each and every day that a violation continues shall constitute
a separate offense punishable as such. A failure to comply
with any requirement herein shall constitute a violation
thereof.
Section 4: That Chapter 16% "Mechanical Code," Article II
"Licenses," Section 16M -10 "Unlawful to engage in business of air
conditioning contracting without license,"' of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
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Sec. 16 % -10. Unlawful to engage in business of air
conditioning contracting without license and
permit.
It shall be unlawful for any person, firm, partnership or
corporation to engage in the business of air conditioning
contracting in the City of Baytown, unless such work is done
under the supervision and control of a duly licensed air
conditioning contractor, or to engage in any other activity
defined herein without the proper license and permit, unless
such person, firm, partnership or corporation is exempted by
Section 16M -11.
Section 5: That Chapter 16% "Mechanical Code," Article II
"Licenses," Section 16 % -11 "License categories," of the Code of
ordinances, City of Baytown, Texas, is hereby repealed and Section
16 % -11 "Exceptions to license requirement" is hereby added to read
as follows:
Sec. 16M -11 Exceptions to license requirement.
(a) The above - enumerated licensing requirement does not apply
to a person who:
(1) performs air conditioning and refrigeration
contracting in a building owned solely by him as
his home;
(2) performs air conditioning or refrigeration
maintenance work if the person is a maintenance man
or maintenance engineer who is a regular bona fide
employee of the property owner, the property
lessee, or the management company managing the
property where the maintenance work is being
performed, the work is performed in connection with
the business in which the person is employed, and
the person and the person's employer referred to
above do not engage in the occupation of air
conditioning and refrigeration contracting for the
general public;
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• (3) performs air conditioning and refrigeration
contracting and is regularly employed by a
regulated electric or gas utility;
(4) is licensed as a professional engineer under the
Texas Engineer Practice Act, performs work in
connection with the business in which the person
is employed, and does not engage in the practice of
air conditioning and refrigeration contracting for
the general public;
(5) performs process cooling or heating work for an
industrial operation such as a chemical plant,
petrochemical plant, refinery, natural gas plant,
or natural gas treating plant when employed by that
operation;
(6) performs air conditioning and refrigeration
contracting on:
(A) a portable or self- contained ductless air
conditioning or refrigeration product that has
a cooling capacity of three tons or less;
(B) a portable or self- contained heating product
that does not require the forced movement of
air outside the heating unit; or
(C) environmental air conditioning equipment that
is intended for temporary use and is not fixed
in place;
(7) performs air conditioning services only on a motor
vehicle air conditioning unit or who employs a
person who performs air conditioning services only
on a motor vehicle air conditioning unit; or
(8) is registered as a manufacturer, retailer, or
installer and regulated pursuant to the Texas
Manufactured Housing Standards Act and that engages
exclusively in air conditioning and refrigeration
contracting for manufactured homes, in the
installation of manufactured homes or in the
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. providing retailer or manufacturer warranty
services free of charge.
(b) The work described by subsection (a) of this section
remains subject to all permit, inspection, and /or
approval requirements prescribed herein.
(c) A person licensed under this Act my not perform or offer
or attempt to perform any act, service or function
regulated under Chapter 113, Natural Resources Code,
unless licensed or exempted by rule under that law.
Likewise a person regulated under Chapter 113, Natural
Resources Code, may not perform or offer or attempt to
perform air conditioning or refrigeration contracting
unless licensed by the state under the Air Conditioning
and Refrigeration Contractor License Law permitted by the
city.
(d) A person licensed under this Act may not perform or offer
or attempt to perform any act, service or function that
is defined as plumbing work under The Plumbing License
Law unless licensed under that law. A person who is
licensed in this state as a plumber and is engaged in
business as a plumber may not perform or offer or attempt
to perform air conditioning and refrigeration contracting
unless licensed under The Air Conditioning and
Refrigeration Contractor License Law and permitted by the
City.
Section 6: That Chapter 16% "Mechanical Code," Article II
"Licenses," Section 16;6 -12 "Application," of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
Sec. 16 % -12. Application.
All applications for a permit must be in writing on a
form furnished for that purpose, which shall require the name
and address of the applicant, the name and address of the
owner for whom the services will be performed, the address and
legal description of project where the services will be
performed, the scope of the work required, a statement that
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• the applicant holds a current license issued by the State
under The Air Conditioning and Refrigeration Licensing Law,
the expiration date of such license, and such other relevant
information as may be required by the board. All applications
shall be sworn to before an officer of the state authorized to
administer oaths, and officially certified by such officer
under his seal of office. Such application shall be
accompanied by either a certified copy of the applicant's
policy of insurance or a properly executed certificate of
insurance as required by Section 16% -20 herein.
Section 7: That Chapter 16% "Mechanical Code," Article II
"Licenses," Section 16 % -13 "Examination," of the Code of
Ordinances, City of Baytown, Texas, is hereby repealed.
Section 8: That Chapter 16% "Mechanical Code," Article II
"Licenses," Section 16 % -14 "Fees," of the Code of Ordinances, City
of Baytown, Texas, is hereby amended to read as follows:
Sec. 16% -14. Fees.
(a) Initial fees. There shall be a initial permit fee of ten
($10.00).
(b) Additional fees.
(1) Fee for inspecting heating, ventilating ductwork,
air conditioning and refrigeration systems shall be
$10.00 for the first $1,000, or fraction thereof,
of valuation of the installation plus $2.00 for
each additional $1,000 or fraction thereof.
(2) Fee for inspecting repairs, alterations and
additions to an existing system shall be $5.00 plus
$2.00 for each $1,000 or fraction thereof.
(3) Fee for inspecting boilers (based upon Btu input):
33,000 Btu (1 BHp) to 165,000 (5 BHp) ....... $ 5.00
165,001 Btu (5 BHp) to 330,000 (10 BHp) ...... 10.00
330,001 Btu (10 BHp) to 1,165,000 (52 BHp).. 15.00
1,165,001 Btu (52 BHp) to 3,300,000(98 BHp). 25.00
over 3,300,000 Btu (98 BHp) ................. 35.00
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• (c) In case it becomes necessary to make a reinspection of a
heating, ventilation, air condition or refrigeration
system, or boiler installation, the installer of such
equipment shall pay a reinspection fee of $5.00.
Section 9: That Chapter 16% "Mechanical Code," Article II
"Licenses," Section 1634-15 "Renewal," of the Code of Ordinances,
City of Baytown, Texas, is hereby repealed.
Section 10: That Chapter 1616 "Mechanical Code," Article II
"Licenses," Section 16 % -16 "License not transferable," of the Code
of Ordinances, City of Baytown, Texas, is hereby repealed.
Section 11: That Chapter 16% "Mechanical Code," Article II
"Licenses," Section 16M -17 "Permit requisite," of the Code of
Ordinances, City of Baytown, Texas, is hereby repealed.
Section 12: That Chapter 16% "Mechanical Code," Article II
"Licenses," Section 16% -18 "Obtaining permit for others," of the
Code of Ordinances, City of Baytown, Texas, is hereby amended to
read as follows:
Sec. 16% -18. Obtaining permit for others; permit not
transferable.
(a) It shall be unlawful for a licensed air conditioning
contractor to permit his license to be used in any manner
contrary to any of the provisions of the code or to
obtain a permit, required under the provisions hereof, in
his name, or to allow the use of his name directly or
indirectly by another person for the purpose of obtaining
a permit, when such licensed air conditioning contractor
does not intend to, or does not in fact take out permits
for air conditioning work to be done by another person,
firm, partnership or corporation other than the person
firm, partnership or corporation by whom he is employed.
(b) Licensed air conditioning contractors shall not be
• simultaneously employed by, or work for, more than one
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• business entity for the purpose of supervising work that
can only be done by authority of a permit obtained under
the provisions of this code and that cannot both be done.
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(c) A permit issued under the provisions hereof shall not be
transferable.
Section 13: That Chapter 16% "Mechanical Code," Article II
"Licenses," Section 16% -19 "Suspension or revocation," of the Code
of Ordinances, City of Baytown, Texas, is hereby repealed.
Section 14: That Chapter 16% "Mechanical Code," Article II
"Licenses," Section 16% -20 "Insurance requirements," of the Code
of Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
Sec. 16% -20. Insurance requirements.
(a) No permit shall be issued for an air conditioning
contractor under the provisions hereof until the person who is
otherwise entitled to have such permit issued to him furnishes
to the mechanical inspector or official certified copies of
policies of insurance or properly executed certificate of
insurance confirming and verifying that such person has
insurance in force of the following types and with the minimum
limits of coverage as hereinafter specified, and naming such
person as an insured under the provisions of such policy,
stating the business name, all assumed names and address of
the permit applicant:
(1) Worker's compensation insurance on each and every
one of his employees and this insurance shall be in
accordance with the provisions of the Worker's
Compensation Act of the State of Texas, unless such
contractor employs less than three (3) persons.
(2) Commercial General Liability.
(a) A Class A license requires commercial general
liability insurance of at least:
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• (1) $300,000 per occurrence (combined for
property damage and bodily injury);
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(2) $300,000 aggregate (total amount the
policy will pay for property damage and
bodily injury coverage); and
(3) $300,000 aggregate for products and
completed operations.
(4) In the event claims occur which reduce
the required coverage to a level of
$250,000 or less, the licensee shall
reinstate the coverage to the original
$300,000 amount or greater.
(b) A Class B license requires commercial general
liability insurance of at least:
(1) $100,000 per occurrence (combined for
property damage and bodily injury);
(2) $100,000 aggregate (total amount the
policy will pay for property damage and
bodily injury coverage); and
(3) $100,000 aggregate for products and
completed operations.
(4) In the event claims occur which reduce
the required coverage to a level of
$75,000 or less, the licensee shall
reinstate the coverage to the original
$100,000 amount or greater.
(c) The certificate of insurance shall list all
deductibles. Deductibles shall be limited to
$500 for Class B licenses and to $1,000 for
Class A licenses. Any contractor whose
business affiliation is self - insured must
provide an affidavit of responsibility and a
certified financial statement.
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(3) Property damage insurance to the extent of ten
thousand dollars ($10,000.00) for any one piece of
property or accident. Such insurance shall be
written by an accredited company under the
supervision of the board of insurance commissioners
of the State of Texas. Evidence of compliance with
the above insurance requirements shall be
considered as having been met when the policy, a
copy thereof, or a certificate of insurance has
been filed with and approved by the mechanical
inspector or official.'Such policy shall include an
endorsement thereon that the board will be notified
at least thirty (30) days in advance in the event
the policy or policies are cancelled or expire
before the expiration date of the license.
(b) It shall be unlawful for any person, firm, partnership or
corporation to engage in the business of air conditioning
contracting without the insurance coverage required for
licensing by this section.
Section 15: That Chapter 16% "Mechanical Code," Article II
"Licenses," Section 16M -22 "Mechanical work by homeowners," of the
Code of Ordinances, City of Baytown, Texas, is hereby repealed.
Section 16: All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby repealed;
provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall
be cumulative of other ordinances regulating and governing the
subject matter covered by this ordinance.
Section 17: If any provisions, section, exception,
subsection, paragraph, sentence, clause or phrase of this ordinance
or the application of same to any person or the set of
circumstances, shall for any reason be held unconstitutional, void
or invalid, such invalidity shall not affect the validity of the
remaining provisions of this ordinance or their application to
other persons or sets of circumstances and to this end all
provisions of this ordinance are declared to be severable.
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Section 18: This ordinance.shall take effect from and after
ten (10) days from its passage by the City Council. The City Clerk
is hereby directed to give notice hereof by causing the caption of
this ordinance to be published in the official newspaper of the
City of Baytown at least twice within ten (10) days after passage
of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 12th day of January,
1995.
ATTEST:
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EILEEN P. 14ALL, City Clerk
APPROVED AS TO FORM:
4wzeo eanl�
eTgfqACIO RAMIREZ,LAR., City Attorney
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PETE C. AL ARO, Mayor
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