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ORD CC 02/23/1971 - Heating-AC Business License ° , AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, BY ADDING A NEW SECTION TO BE ENTITLED CHAPTER 7A, REQUIRING LICENSES TO ENGAGE IN THE BUSINESS OF INSTALLING HEATING, AIR-CONDITIONING, AND MECHANICAL REFRIGERA- TION EQUIPMENT; PRESCRIBING TYPES OF LICENSES; REQUIRING LICENSE HOLDERS TO BE BONDED; PROVIDING FOR LICENSE FEES; PRESCRIBING QUALIFICATIONS FOR APPLICANTS; PRESCRIBING TERMINATION DATES OF LICENSES; MAKING LICENSES NON-TRANSFERABLE; PROVIDING FOR SU- SPENSION AND REVOCATION OF LICENSES; EXCEPTING HOMEOWNERS FROM THE PROVISIONS OF THE ORDINANCE; PROVIDING THAT VIOLATIONS OF THE ORDINANCE ARE MISDEMEANORS AND ANY PERSON VIOLATING THE SAME SHALL BE PUNISHABLE BY A FINE OF NOT EXCEEDING $200.00 UPON CON- VICTION; PROVIDING THAT THE PROVISIONS OF THE ORDINANCE SHALL NOT REPEAL ANY PORTION OF THE EXISTING CODE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT THE CODE OF ORDINANCES, CITY OF HUNTSVILLE, TEXAS, IS HEREBY AMENDED BY ADDING A NEW CHAPTER TO BE DESIGNATED 7A, WHICH SAID CHAPTER READS AS FOLLOWS: CHAPTER 7A Heating, Air-conditioning and Me- chanical Refrigeration Installation Article 1. In General, Section 7A-1 to Section 7A-11 SECTION 7A-1: (License required) It shall be unlawful for any person not the holder of an unexpired, unrevoked license to contract for or engage in the installation or alteration of heating, air-conditioning or mechanical refrigeration equipment in any building, structure or premises in the City. A license issued under the provisions of this ordinance shall entitle the holder thereof to contract for and engage in the said business, dependent upon the class of license held by him in compliance with the provisions of this ordinance. SECTION 7A-2: When issued, a license shall be one of the (Classification classes described as follows, to-wit: of Licenses) Class "A"-Covers all types of heating, air- conditioning and mechanical refrigeration equipment. Class "B"-Covers all types of heating equip- ment. It shall be unlawful for the holder of any license issued under the provisions of this ordinance to engage in business other than such business authorized by the class of license held by him. SECTION 7A-3: Each holder of a license under the provisions (Bond) of this ordinance shall, as a condition for the issuance of same, furnish a Surety Bond payable to the City in the amount of $2,000.00 with such Sureties as the Mayor and Council shall approve, and in a form approved by the City Attorney, with the condition that such holder will comply with the laws of the State of Texas and ordinances of the City of Huntsville relating to the installa- tion and alteration of heating equip- ment or installation of air-conditioning and mechanical refrigeration equipment, either or both, dependent upon the class of license held by him, as the case may be, and will pay all damages, costs and expenses caused by his own negligence or failure to comply with such laws or ordinances, or that of his employees or agents or their failure to comply with such laws or ordinances. SECTION 7A-4: There shall be charged for, and collected (License fees) prior to the issuance of any license, a fee therefor as follows: (a) Class "A"-Heating, air-conditioning and mechanical refrigeration equipment con- tractor license, new-$50.00; renewal - $30.00. (b) Class "B"-Heating equipment contractor license-new- $35.00; renewal - $25.00. SECTION 7A-5: Every contractor engaged as a contractor with- (Qualifications) in the City of Huntsville, Texas, in the business of installation and alteration of heating equipment or air-conditioning and mechanical refrigeration equipment, either or both, on the effective date of this or- dinance shall be entitled to license from the City of Huntsville enabling him to con- tinue the type of business engaged in by him at such time, provided, within thirty (30) days from the final passage of this ordinance he shall: (a) tender to the City the bond required by Section 3 hereof; (b) pay the license fee required by Section 4 hereof. Upon the expiration of the thirty (30) day period after the effective date of this ordinance, before such a license may be issued to any person the applicant shall: (a) make written application to the building official; (b) tender the bond and fee required by this ordinance; (c) show himself to be a person of good moral character; (d) show himself to be at least twenty-one (21) years of age; (e) show that: (1) for a period of at least three (3) years directly preceding the date of application he has been actively engaged as a contractor in the business for which he is applying for a license; or has obtained a degree in Mechanical Engineering, in Refrigeration School; or shall take a written examination to be given on Wednesday preceding the 5th of January, April, July, and October. The examination fee for heating and air-conditioning shall be $15.00 while the license fee for these shall be $50.00. In the event that the applicant fails to make a passing grade of 75, the $50.00 license fee shall be returned. SECTION 7A-6: All licenses shall terminate one (1) year (Termination; from date of issue and the holder of any such renewal) license shall be entitled to have same re- newed without examination upon making due application and payment of renewal fee within thirty (30) days after termination of his license. Any holder of a license who shall fail to secure a renewal of same within such period shall make application therefor as provided in Section 5 of this ordinance. SECTION 7A-7: No contractor licensed hereby shall transfer (License non- his license to any other person for the pur- transferable) pose of obtaining a permit or to do any work under his license. SECTION 7A-8: Should the bond required by Section 3 be, for (Revocation; su- any reason, terminated, the license of the spension) contractor shall be suspended forthwith. It shall be a violation of this ordinance for the license holder to perform any work, or furnish any materials, or conduct any business whatever, thereunder while the said license is suspended. If the bond is. not reinstated or a new acceptable one furnished to the City within thirty (30) days from the date of su- spension, the license shall be revoked. SECTION 7A-9: Nothing herein shall prohibit any homeowner (Homeowner) from personally installing any heating, air- conditioning or mechanical refrigeration equipment in the home in which he resides. SECTION 7A-10: Any person who shall violate any provision (punishment for of this ordinance shall be guilty of a mis- Violations) demeanor and upon conviction shall be pun- ished by a fine of not exceeding $200.00. SECTION 7A-11: This ordinance shall not be construed as (Effect of Ordinance) repealing any part of the Code of Ordinances, City of Huntsville, Texas. In the event of conflict, all other provisions of the Code shall pre- vail over the provisions of this ordinance. SECTION 7A-12: There is excepted from the pro- (Exceptions) visions of this ordinance, installa- tion of air-conditioning or heating units completely self contained, such asp but not limited toy window air- conditioning units and space type heaters. APPROVED in Open Council on first reading on this the day of 1971. FYI W. BEN BLALOCK, JR. , Wor ATTEST:) Weldon Coleman , City Sec etary PROVEDD AS TO FORM: V V MARTIN D . COLLEY, CITY ATTOR Y