19710817 1971-16ORDINANCE NO. 1971-16
AN ORDINANCE TO PROVIDE FOR:
LICENSING PERSONS AND ORGANIZATIONS
ENGAGED. IN THE INSTALLATION, REPAIR, REPLACEMENT
OR MAINTENANCE OF AIR CONDITIONING, REFRIGERATION
WARM AIR HEATING AND MECHANICAL VENTILATION EQUIPMENT
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia that the Code of the City of Fairfax, Virginia, be
amended, by adding a new chapter, numbered 12A, which shall read
in its entirety as follows:
1971-16 CHAPTER 12A
LICENSES, REFRIGERATION, HEATING AND AIR CONDITIONING
INSTALLATION~ MAINTENANCE AND REPAIR
ARTICLE I. IN GENERAL
2 Sec. 12A-t. Definitions.
For the purpose of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section.
(a) Air Conditioning. The process by which the temperature, humidity,
6 movement and quality of air in buildings and structures are controlled and
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maintained. This shall include warm air heating.
(b) Alter. The addition to, relocation or removal of any equipment
or refrigerant in a refrigerating, air conditioning or mechanical ventilation
system.
(c) Approved Drain. A receptacle intended to receive and discharge
water, liquid, or water carried wastes into a drainage system with which it
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is connected.
(d) Electrical Disconnecting Means. A device, group of devices, or
other means whereby--the conductors of a circuit can be disconnected from
theiK source of supply.
(e) Gas Cock. A cut-off valve to stop the flow o~gas to any equipment.
(f) Installation or installing. The placement of equipment in position,
ready for operation.
(9) Refrigerati°n The Pr~ces__s~_o_f_.extracti~_ng-heat through (1) the
compre's~ion and evaporation of a gas, (2) the evaporation of a liquid,
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(3) the absorption of a liquid or vapor, or (b) by electrical means.
(h) Refri'geranto The medium used to produce cooling or refrigeration
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by the process of expansion or vaporization.
(i) Self-contained Unit System. A complete factory made and factory
tested refrigeration or air conditioning system which is fabricated and
assembled in a suitable frame or enclosure, including all components
necessary for the prOper operatic~_n of the system, and in which no part
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(j) Shut-off valve. A Cut-off to stop the flow of water from the
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(k) Ton of Refri.qeration. The-unit of capacity of refrigeration
equivalen~ to the removal of heat at the rate of twelve thousand (12,000)
5 B.T.U. per hour.
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(1) Ventilation. The process of supplying or removing air by natural
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or mechanical means to or from any space.
been conditioned.
Such air may or may not have
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(m) Chi.el Inspector, Chief, Office of Inspections, responsible
for the administration of this Code.
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(n) Board The Refrigeration, Heating and Air Conditioning Licensing
12 Board.
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(o) Contractor. Any person, fi'rm or corporation holding itself out
14 to the public to engage in the business of installing, maintaining, repairing,
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or replacing refrigeration, air conditioning, warm air heating, or mechanical
ventFl~ion equipment. A contractor may be an individual licensed as a
17 Master Refrigeration, Heating, and Air Conditioning Mechanic, or a partnership
18 or corporation, one of whose officers holds the master license.
19 (p) License. A certificate issued by the Chief Inspector upon
20 approval by the Board, enabling its holder tqepgage in the business of
21--- Refrige~ation,~ Heating and Air Conditioning Contracting; or to engage in the
22 occupation of Master Refrigeration, Heating and Air Conditioning Mechanic.
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(q) Mast'er Refrifieration, Heatinfi, and Air Conditionin~ Mechanic.
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A person licensed under the prOvisions of the Code to install, alter or
repair r'efrigeration, heating or air conditioning systems.
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(r) Person. Any natural person, firm, partnership, association or
27 corporation of any kind.
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Sec. 12A-2. Administration and enforcement of chapter. .....
The administration and enforcement of t~is chapter shall be the duty
of the Chief Inspector or hiS authorized agent, who is hereby
authorized to take such action as may be reasonably necessary to enforce
the purp0se~of this chapter. Such persons may be appointed and authorized
as assistants or agents of such administrative authority as may be necessary
to carry out the provisions of this chapter.
Sec. 12A-3. Duty of Chief Inspector to inspect installation of
refri~eration~ heating and air conditionin~ equipment within the City.
It shall be the duty of the Chief Inspector or his authorized
agent to inspect all refrigeration, heating and air conditioning work in the
course of construction, alteration or repair, to make prescribed tests and
generally see that the provisions of this chapter are duly carried out and
observed.
Sec. 12A-4 Same - Records and Reports.
The Shi~f InspEctor shall keep suitable records of permits,
inspections, tests, complaints and all matters coming under his jurisdiction
as provided in this chapter, and shall make reports as directed.
Sec. 12A-5. Same-Authority.
The Chief Inspector or his authorized agent shall have full
.authority to do any and all things necessary to carry into effect all
provisions of this chapter, and may condemn refrigeration, heating and air
conditioning work not executed in accordance therewith, or refrigeration,
heating and air conditioning fixtures, fittings, appliances and materials
not complying with the requirements thereof.
He shall have th~ right of entry to any premises during reasonable hours to
inspect refrigeration, heating and air conditioning work when in course of
construction, alteration or repair, or to inspect refrigeration, heating and air
conditioning in places which may be complained of by an interested citizen in
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writing.
He or any officer of the law shall stop any refrigeration, heating and
air conditioning work under way for which no permit has been issued or which
is not proceeding in accordance with the terms of a permit issued therefor.
Sec. 12A-6. Liability for damages..
Nothing in this chapter shall be construed to relieve from or lessen
the responsibility or liability of any party owning, operating, controlling
or installing any refrigeration, heating and air conditioning appliances or
equipment for damages to person or property caused by any defect therein, or
to hold the city as assuming any such responsibility or liability by reason
of the inspection authorized herein or t~e certificate of approval issued
as herein provided.
Sec. 12A-7. Certain ordinance~..~ etc.~ not affected by chapter.
Nothing in this chapter or in the code hereby adopted shall be held to
affect the city Zoning Ordinance or chapter 19, the city Electrical Ordinance
or Chapter 6, the city Plumbing Ordinance or Chapter 16, or the City Gas
Ordinance or Chapter gA.
Sec. 12A-8. Correction of defects in refrigeration~ heating and air conditioning
work~ etc. -
Any defects in refri9eration, heating and air conditioning work, fixtures
or appliances shall be corrected within ten days after receipt of notice in
writing of such defects from-the_ Chief Inspector . Each day after
such ten day period that such defect shall remain uncorrected shall_
constitute a separate offense; .......
Sec. 12A-9 Penalty for violations.
Any person who shall violate any of the provisions of this chapter or who
shall fail to correct any defects within ten days after having been notified
in writing by the Chief Inspector
, shall, upo~ conviction thereof,
be punished as provided in SeCtion 1-7.
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ARTICLE II. QUALIFICATION AND REGISTRATION
OF REFRIGERATION~ HEATING & AIR CONDITIONING
Sec. 12A-10. Created
There is hereby created a board of seven members, and the
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inspector as an ex-officio member, to be designated and known as the
4 Board of Refrigeration, Heating and Air Conditioning Examiners.
Sec. 12A-11. Membership; term of office of members.
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The Board of Refrigeration, Heating and Air Conditioning Examiners
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shall consist of seven (7) members appointed by the City Council consisting
of two representatives of each of the following groups or professions:
9 Two (2) Master Electricians, two (2) Master Plumbers, one (1) Layman,
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and two (2) Master Refrigeration, Heating and Air Conditioning Mechanics,
and the Chief Inspector for the City of Fairfax as an' ex-officio
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member, and who shall attend all meetings of the Board and serve as Technical
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Advisor to the Board. The Board of Refrigeration, Heating and Air Conditioning
Examiners shall-be appointed by the City_Council as follows: Two for four
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years, two for three years, two for two years, and one for one year.
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his successor has been appointed.
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Sec. 12A-12. Compensation of members.
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The members of the Board of Refrigeration, Heating and Air Conditioning
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Examiners shall serve without compensation except the member authorized to
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give exams, who shall be compensated at a rate not to exceed $20.00 per
evening. This woul~ be on a rotating basis.-
Sec. 12A-13. Meetings.
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The board shall hold its first meeting not less than thirty days
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following its appointment. -Thereafter, the board shall meet at such
intervals as may be necessary for the proper performance of its duties,_ but
in any case not les'S t.han']~wice-a-year.'
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Sec. 12A-l~. Examination and certification of master refriqeration, heatinq
and air conditioninq mechanic.
The Board-shall establish standards and procedures for the qualification
and examination of master refrigeration, heating and air conditionin~
mechanics and shall issue an appropriate certificate to each person who
meets the qualifications therefor and successfully passes the examination
given by the board. The board shall keep an official record of all its
transactions.
Sec.i2A-l~. Certificate of Reqistration required.
On and after January 1, 1972, no person shall enter into, engage in or
work at the business of refrigeration, heating and air conditioning unless
such person shall have received a certificate of registration as a master
refrigeration, heating and air conditioning mechanic, issued by the board
of refrigeration, heating and air conditioning examiners in accordance
with the provisions of this chapter.
Sec. 12A-16. Qualifica.tions of applicants; application for certificate.
Applicants for master refrigeration, heating and air conditioning
mechanic's certificate shall be at least twenty-one years of age. They
shall be examined on their knowledge of the trade of heating and refrigeration,
their knowledge of regulations governing the installation of heating and
refrigeration in the city and their ability to lay out and supervise heating
and refrigeration in the city.
They shall demonstrate to the satisfaction of the board of refrigeration,
heating and air conditioning examiners their fitness properly and intelligently
to carry on the business of a master refrigeration, heating and air
conditioning mechanic. Applicants for a master refrigeration, heating and
air conditioning mechanic's certificate shall have had at least four years
experience in the field of heatin9 and refrigeration as a journeyman
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or apprentice, or in lieu thereof, shall be a graduate in mechanical
engineering of a college or university with one year practical mechanical
experience. An applicant shall make written application for examination.
Prior to January 1, 1972, a master electricial or master plumber
registered in the City or a refrigeration, heating and air conditioning
mechanic who can provide proof that he has been actively engaged in the
business of refrigeration, heating and air conditioning installation for a
period of two years prior to adoption of this ordinance may make written
application to the board and be issued in January, 1972, a master refrigeration,
heating and air conditioning certificate, provided however, he shall be
restricted to the following work:
a. Master Electrician - Installation of equipment and electrical work
connected thereto.
b. Master Plumber - Installation of equipment and plumbing or gas
work connected thereto.
c. Refrigeration, heating and air conditioning contractor - Installation
of equipment only.
Any person meeting the qualifications of this Section (12A-16) may
request an examination by the board to attest to hi.s ability to perform
all facets of the trade of Master Refrigeration, Heating ~nd Air Conditioning,
permitted by Section 12A-25.
Applicants for Master Refrigeration, Heating and Air Conditioning
Mechanic's certificate shall pay an examination fee of $25.00 at the time
of examination. In case an applicant for a Master Refrigeration, Heating
and Air Conditioning Mechanic's certificate shall fail the examination,
he shall be eligible for re-examination one month after failure, but if
he fails at such re-examination, then he shall be eligible, without any
further fee, for one further examination after a further lapse of six months.
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An applicant for Master Refrigeration, Heating and Air Conditioning
Certificate who has passed the required examination shall be eligible to
receive such certificate, issued by the Board of Refrigeration, Heating
and Air Conditioning Examiners~provided, he has paid $25.00 for Master
Refrigerati.on, Heating and Air Conditioning Mechanic at the time of the
examinati.on, and upon payment of $10.00 for each renewal prior to the
expiration date of the certificate.
The Board of Refrigeration, Heating and Air Conditioning Examiners
shall furnish the holder of a Master Refrigeration, Heating and Air
Conditioning Mechanic Certificate of Registration with an identification
card which shall be carried on the person of such holders and exhibited on
request.
Holders of a Master Refrigeration, Heating and Ai~r Conditioning Mechanic
Certificate of Registration shall not engage in the business of refrigeration,
heating and air conditioning contractor and work as a Master Refrigeration,
Heating and Ai~r Conditioning Mechanic for another Refrigeration, Heating
and Air Conditioning Contractor at the same time.
Sec. 12A-17. Refrifleration~ Heatinfi and Air Conditioninfl Contractor's
Certificate - Required.
On and after January 1, 1972, no individual, firm partnership or corpor-
ation shall engage as a refrigeration, heating and air conditioning contractor
in the installation, maintenance, repairing, servicing or altering of refriger-
ation, heating and air conditioning equipment in or on any building structure
or part thereof or on premises within the city, without first having applied
for and been issued a certificate of registration by the Board of Refriger-
ation, Heating and Air Conditioning Examiners in accordance with the provis-
ons of this chapter.
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Sec. 12A-]8 Same - Requirements.
a. Master Refri~eration~ Heatin~ and Air Conditioninq Mechanic Required.
A firm, partnershipor corporation may apply for and receive a refrigeration,
heating and air condition contractor's certificate, provided a bona fide member,
officer or full time employee of the firm, partnership or corporation, passes the
required Master Refrigeration, Heating and Air Conditioning Mechanic's examina-
tion, and further provided that all refrigeration, heating and air conditioning
work done by such firm, partnership or corporation shall be executed by or be
under the immediate supervision of such master refrigeration, heating and air
conditioning mechanic. In the event the master refrigeration, heating and air
conditioning mechanic severs his association with or employment by such firm
partnership or corporation, the refrigeration, heating and air conditioning
contractor's certificate shall immediately become void, but may be reinstated
without charge, within the valid period, upon employment.of another registered
master refrigeration, heating and air conditioning mechanic.
b. Bond Required.' Before any refrigeration, heating and air conditioning
contractor's certificate shall be issued, the applicant therefore shall furnish
a bond payable to the city in the sum of $1000. with corporate surety approved
by the city and conditioned to indemnify and save harmless the city, as well as
any other person, from all expense and damage that may be caused by any negli-
gent, defective or inadequate work done in the city under his certificate. When
any refrigeration, heating and air conditioning work has been done by a refriger-
ation, heating and air conditioning contractor which shall be considered defec-
tive or inadequate by the Chief Inspector or his agent and the contractor shall
fail to revise or put such work in proper condi~ion-~to-the satisfaction of the
Chief Inspector within ten days after written notice from the Chief Inspector
to do so, the bond shall be forfeited and the Brincipal and surety on such bond
shail ;pso facto be and becc~e liable for, and shall pay so much on account of
such bond as may be necessary to perfect
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such work and, in addition thereto, shall pay any and all damages which may
be occasioned to any person by reason of such defective or inadequate work.
This bond shall be deposited with the Chief Inspector, Office of Inspections.
c. Fee. Applicants for a refrigeration, heating and air conditioning
~contractor's certificate who have complied with the applicable provisions of
this chapter shall be eligible to receive such certificate upon the payment
of fifteen dollars for the first year and fifteen dollars for each renewal;
provided the renewal fee is paid before the expiration date of the certificate.
d. Display. The holder of a refrigeration, heating and air conditioning
contractor's certificate of registration shall keep such certificate displayed
in a conspicuous place in his principal office or plaCe of business.
e. Compliance with State law. Holders of a refrigeration, heating
and air conditioning contractor's certificate contracting work costing--
twenty thousand dollars or more shall comply with the requirements of the
State registration board for contractors, as referred to in Chapter 7 of
Title 54 of the Code of Vi~in ~.
Sec. 12A-19o Renewal.
· . CertFficates-of"regi~t~t'i~n"~hall be issued for one year commencing
on January first of each year. Certificates of registration shall be
renewed on o~ before January first of each year thereafter. Master
refrigeration, heating and air conditioning mechanic's shall be required
to appear in person for renewal of their license. Anyone failing to renew
his master refrigeration, heating and air conditioning mechanic's certificate
of registration on or before February first of any year must be re-examined
before a new certificate of re9istration can be issued. Any master
refrigeration, heating and air conditioning mechanic whose certificate or
registration expires while the holder thereof is in the ~ilitary or naval
service of the United States shall be renewed without further examination,
upon payment of the prescribed fee, at any time within six months after
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'such person is discharged from the service.
Sec. 12A-20. Revocation.
The board may revoke any certificate if obtained through nondisclosure,
mis-statement or misrepresentation of a material fact, or if a penalty has
been imposed upon the certificate under this chapter. Before a certificate
may be revoked, the certificate holder shall have notice in writing,
enumerating the charges against him, and be entitled to a hearing by the
board not sooner than five days from receipt of the notice. The certificate
holder shall be given an opportunity to present testimony, oral or written,
and shall have thr right of cross-examination.
All testimony shall be given under oath. The board shall have the
power to administer oaths, issue subpoenas and compel the attendance of
witnesses. The decision of the board shall be based upon the evidence
produced at t'he hearing and made part of the record thereof. A person whose
certificate has been revoked shall not be permitted to reapply for a
certificate within one year from date of revocation. It shall be unlawful
for him to enter into, engage in or work at the business' of installing,
altering, repairing, servicing or maintaining refrigeration, heating and
air conditioning equipment during the period for which his certificate of
regi~stration is revoked or suspended.
ARTICLE Ill. PERMITS
Sec. 12A-21. Required.
Unless excepted in this article no refrigeration, heating and air
conditioning appliances or equipment shall be installed within or on any
building, structure or premises, nor Shall any alteration or addition be
made in any such existing refrigeration, heating and air conditioning
appliances or equipment, without first having applied for and received a
permit from the Chief Inspector, Office of Inspections.
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Sec. 12A-22. Exception as to owners of Sinqle-family Dwellings.
Any permit required by this article may be issued to any person to
do any work regulated by this chapter in a single-family dwelling used
exclusively for residence purposes, including the usual accessory buildings
and quarters in connection with such building; provided, that the person
is the bona fide owner of such dwelling and that the same will be occupied
by such owner and that such owner shall purchase all material and perform
all labor in connection herewith and comply with this chapter.
Sec. 12A-23. Application.
Applications for a permit required by this article shall be on forms
furnished by the Office of INspections and shall contain the
information as requested on the form. All applications for permits shall
be signed by the refrigeration, heating and air conditioning contractor
or his authorized agent except applications from bona fide owners of
single-family dwellings.
Sec. 12A-24. Approval.of Plans and Specifications.
No permit required by this article shall be issued for any refrigeration,
heating or air conditi'oning work in or on any new commercial building, or
for major refrigeration, heating or air conditioning work in existing
buildings, until the plans ans specifications for the proposed work have
been submitted to the Office of Inspections and it has been
determined from such plans and specifications that the work conforms to
the provisions of this chapter. If a permit is denied because of defective
plans and specifications, the applicant may submit revised plans and
specifications without payment of additional fee. If in the course of the
work it is found necessary to make any change from the plans and specifications
on which a permit has been issued, amended plans and specifications shall be
submitted and a supplementary permit, subject to the same conditions
applicable to original application for permit, shall be issued to cover
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1971-16
the change.
Fees
The fees for the installation of mechanical equipment shall be as
follows:
Unit heaters - up to 500,000 B.T.Uo per hour input ..... $5.00
each additional lO0,O00 B.T.U. or fraction thereof.. 1.00
Duct furnaces - up to lO0,O00 B.T.U .............. · ........ 5.00
each additional lO0,O00 B.T.U. or fraction thereof~. 2.00
Furnaces when installed in each unit of apartment building,
each ................................................... '.. 3.00
Central heating furnace - up to 100,000 B.T.U input ...... 5.00
each additional 100,000 B.T.U. or fraction thereof.. 2.00
Space heaters - up to 500,000 B.T.U. input ............... 5.00
each additional 100,000 B.T.U or fraction thereof... 1.00
Other furnaces - up ~o 100,000 B.T.U. input .............. 5.00
each additional 100,000 B.T.U. Or fraction thereof.. 1.00
Refrigeration and refrigeration cycle of air conditioning
systems up to five (5) refrigeration tons .............. 5.00
Each additional refrigeration ton .................... 50
The permit fee for the installation, repair or replacement of all other
mechanical equipment shall be calculated as follows:
Up to $50~ the fee will be $5.00
$500 to $1,000 the fee will be $7.00
Over $1,000 the fee will be $10, plus three-fourths (3/4) of
one percent of cost above $1,000.
Minimum fee for any permit shall be $5.00
Fee per inspection for more than one inspection after violation notice - $5.00
For inspections ma~e necessary by failure to_.~e ready for .inspection when
requested, a fee of $5.00 will be charged for each additional inspection.
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Sec. 12A-25. Performance Standards ·
a. 0riqinal Installations
A person licensed under this Code to engage or'be employed in the
business of installing, maintaining, repairing, and replacing refrigeration,
heating, air conditioning, or mechanical ventilation equipment shall, for
original installation of such equipment, be limited to: (l) electrical
wiring on the load side of the required disconnecting means for each motor.
The disconnecting means shall be attached to the frame of each appliance,
except the disconnecting means for central air conditioning units may be
installed on the immediate adjacent building wall; (2) plumbing work beyond
a potable water supply shut-off valve, located immediately adjacent to such
equipment; (3) gas work on the load side of the gas-cock, said gas-cock to be
attached to the appliance frame not more than 12~1 from the gas control valve.
Each such stop-cock, electrical disconnect or drain shall have been installed
by, or under the supervision of a registered master electrician, or licensed
master plumber, who has been issued a permit for the gas or electrical work.
Connect[on of the potable water supply to the refrigeration or air condition-
ing equipment shall in all cases be through an approved check valve or vacuum
breaker installed by permit.
b. Maintenance and Repair Work.
A person licensed under this Code to engage in the business of installing,
maintaining, repairing, and replacing refrigeration, air conditioning, or
mechanical ventilation equipment shall, in connection with such work be limited
to maintaining, repairing or replacing the various components of such systems,
including, but not limited to compressors, motors, controls, duct work, water
regulat.ing valves and condensers.
The limit of electrical repairs shall be from the load side of the discon-
nect means furnished for each motor.
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The limit of plumbing repairs shall between the approved water
shut-off valve or gas stop-cock supplying, any such system and the refrigera-
tion or air conditioning equipment, and to the approved sanitary drain to
which such system is connected. All maintenance and repair work shall be
subjec¢ to the limitations established by Section 12A-25 (a) of the Code.
c. Replacement of any Co,mponent by a Component of Larfler Size or Capacity.
Whenever any existing component or any refrigeration or air conditioning
system is replaced by a component of larger size capacity, which would
consume a larger amount of electricity, gas or water,.require the enlargement
of the branch circuit wiring, gas or water piping, require an increase in
the capacity of any. component of such system, all the replacement work required
12 shall be subject-tO-tl~itation established by Section 12A-25 (a) of the Code.
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d. Installation of New Equipment in Existing Systems~-
The work required in connection with the installation of new equipment
added to an existing system shall be subject to the limitations set forth in
Section 12A-25 (a), 12A-25 (b), 12A-25 (c) of this Code.
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This ordinance shall'take effect immediately.
Introduced: July 20, 1971.
20 Adopted:
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24 Attest:
August 17, 1971.
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