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19730911 1973-26~.~~ ORDINANCE NO. 1~73-26 RE-ADOPTION OF CHAPTER 12A (MECHANICAL) OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA At a regular meeting of the City Council of the City of Fairfax, Virginia, held in the Council Chambers of the City H~ll, at Fairfax City, Virginia, on September 11, 1973, the City Council after having first given notice of its intention so to do, in the manner prescribed by law, deleted Chapter 12A (Mechanical) of the Code of the City of Fairfax, Virginia, and replaced it with a new Chapter 12A, to be known as the Fairfax City Mechanical Code, which includes the adoption of the BOCA Basic Mechanical Code, 1971, including standards and amendments as adopted by the Virginia Uniform Statewide Building Code, (Virginia State Law Chapter 829, Section 36-100 of the Acts of the Virginia Gen- eral Assembly of 1972). Section 12A-1. Adoption - BOCA Basic Mechanical Code, 1971. There is hereby adopted by the City Council of the City of Fairfax, Virginia, for the purpose of regulating the installation, alteration, servicing, and repair of refrigeration, heating and air conditioning equipment including licensing, permits, penalties and fees that certain Mechanical Code known as the BOCA Basic Mechanical Code, 1971, including standards and amendments as adopted by the Virginia Uniform Statewide Building Code; not less than three copies of this Code shall be on file in the Office of the Chief Mechanical Inspector in the City Hall and shall be available for inspection between the hours of 8:30 a.m. and 5:00 p.m. Monday through Friday inclusive, and the said Mechanical Code is hereby adopted and incorporated herein as fully as if set out at length herein., From the date the Chapter becomes effective, its pro- visions shall be controlling as to all matters contained herein. 1973-26 -2- Section 12A-2. Title. This chapter shall be known as the City of Fairfax Mechanical Code, and may be so cited. Section 12A-3. Definition of Terms. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: a. Apprentice; helper: The term I'apprentice" or "helper" shall mean any person employed by a licensed mechanical contractor for the purpose of doing mechanical work under the supervision of a certified master mechanic or certified journeyman mechanic. b. Board: The Board of Refrigeration, Heating & Air Conditioning Examiners, as established in this chapter. c. Certificate: The certification of competence issued by the Board of Refrigeration, Heating & Air Conditioning Examiners. d. Chief: The Chief Mechanical Inspector, as designated by the Director of Public Works, subject to the approval of the City Manager to enforce provisions of this chapter, and who is specifically charged with administering the provisions of this chapter. e. Journeyman Mechanic: The term I'journeyman mechanic" shall mean any person other than an apprentice or helper who installs, erects or repairs refrigeration, heating and air condition fixtures, appliances or appurtenances and who has met the certification and licensing require- ments of this chapter. f. Limited License: A license issued by the Chief Inspector upon approval by the Board, enabling its holder to engage in the business of installing, maintaining, or repairing duct work. 1973-26 -3- g. Master Mechanic: A person licensed under the provisions of the Code to install, alter or repair refrigeration, heating or air conditioning systems. h. Mechanical Contractor: The term "mechanical contractor" shall include all persons engaged in the business of contracting with others to install, erect or repair refrigeration, heating and air conditioning systems, fixtures, appliances or appurtenances to be used in the City, who have met the certification and licensing requirements of this chapter. i. Mechanical Inspector: The qualified person charged with the field inspections of all refrigeration, heating and air conditioning '-work done in the City. Section 12A-4. Administration. The Director of Public Works shall have general management and control of the administration of the provisions of this chapter. Section 12A-5. Responsibility, Powers and Duties of Chief Mechanical Inspector. The Chief Mechanical Inspector shall specifically administer and enforce the provisions of this chapter and shall be responsible for the technical implementation and enforcement of same. For the purpose of this chapter, administrative authority is defined as the Office of Inspections of the Department of Public Works. a. To inspect or cause to be inspected by other inspectors of this office, all refrigeration, heating and air conditioning work, appliances, materials and devices in or on all premises, not otherwise exempt, and to keep records of all such permits and fees received. Section 12A-6. Verbal Waiving of Regulations Insufficient. Under no circumstances shall verbal permission given by anyone, 1973-26 -4- whether connected with the government of the City of Fairfax or not, be considered a justification for any deviation from, or violation of, these regulations. Section 12A-7. Board of Refrigeration, Heating and Air Conditioning; Establ'ishment and Composition of Membership. There is hereby created a Board of Refrigeration, Heating and Air Conditioning Examiners hereinafter referred to as the Board, which shall be composed of seven members as follows: a. Two master electricians, registered in the City of Fairfax, Va. b. Two master plumbers, registered in the City of Fairfax, Va. c. one layman, residing in the City of Fairfax, Virginia. d. two master refrigeration, heating and air condit-ioning mechanics, registered in the City of Fairfax, Virginia. The Chief Mechanical Inspector shall be an ex-officio member of the Board, without the right to vote. Each member appointed shall have met the qualifications of one of the above categories for a minimum of five years preceding his appoint- ment. In the event any member ceases to meet quallfications of the cmtegory under which he was appointed, his position shall be deemed vacant and a new member shall be appointed. Appointments shall be made by the City Council of the City of Fairfax, for terms of three years; provided, however, that the initial appointments made pursuant to this ordinance shall be for terms as follows: one for one year, two for two years, two for three years and two for four years. Vacancies occurring for any reason shall be filled by the City Council in accord with the foregoing qualifications for the unexpired term of the member replaced; provided, however, that any member may be reappointed to 1973-26 -5- a new term, and further provided, that any member shall serve until his successor has been duly appointed. Any member may be removed by the City Council for cause, including but not limited to, failure to perform the duties imposed upon him by this Code, including attendance at meetings of the Board. Any such member shall be given notice and an opportunity to be heard. Section 12A-8. Same - Duties, Meetings, and Notice Thereof. The Board shall perform the following dut|es: (1) Establish standards and procedures for the qualification, examination, and licensing of master mechanics and journeymen mechanics; (2) hear and determine appeals from decisions or actions of the Mechanical Inspector by any person aggrieved by any such decision or action; (3) issue and renew licenses and maintain adequate records of its activities; (4) hold public hearings on matters relating to the mechanical code when deemed advisable. The Board shall hold its first meeting not more tHn thirty (30) days after all of its members have been appointed, and it shall meet thereafter at such times as are necessary to perform its duties but not in any case less than twice each year; provided, however, that upon receipt of written notice from any person demanding a hearing on any matter properly within the jurisdiction of the Board, a meeting shall be held by the Board within ten days of the date of receipt of such notice. Any person aggrieved by a decision or action of the Mechanical Inspector shall have the right to be heard by the Board, and the Board shall affirm, modify or reverse the Mechanical Inspector. Any such person shall state his grievance in writing with sufficient clarity that the Board can ascertain what act or decision is sought to be modified or reversed, and what, if any, additional persons should be notified of any such hearing; provided, however, 1973-26 -6- that in no case shall the Board reduce or increase performance or material standards otherwise established by this Code. The Board shall ascertain whether or not there are persons who should be notified of any specific item of business to be transacted at any meeting and shall take such steps to notify such interested persons as may be reasonably necessary; provided, however, that the Board shall provide for the mailing of notices of all meetings to any person who requests such notice and who deposits, in advance, an amount sufficient to cover the reasonable cost of producing and mailing such notices for such period as he wishes to receive notice with the Board. Section 12A-9. Same - Examination and Certification. The Board shall establish standards and procedures for the qualifi- cation, examination and licensing of master mechanics and journeyman mechanics and shall issue an appropriate license 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 trans- actions. A license may be issued to any person who has passed the examination for mechanical contractors given by the State Registration Board for Contractors without the examination required by the above paragraph. This license will be valid only as long as the State Registration Certificate is in full force. If the State Registration Certificate of the person receiving the license from the City of Fairfax Refrigeration, Heating and Air Conditioning Board should become void for any reason, the license granted under this section shall also become void. Fees required for the license shall be the same as applies to master mechanics. 1973-26 -7- Section 12A-10. Same - Re-examination. Any person who fails to pass an examination as prescribed by the Board may apply for re-examination after the expiration of thirty days upon payment of the regular examination fee. Any person who fails a re-examination shall wait six months before filing again. Section 12A-11. Mechanical Contractor's License - Required. It shall be unlawful for any person to engage in the business of installing, altering, servicing or repairing any refrigeration, heating or air conditioning unless licensed as a mechanical contractor under the provisions of this chapter. Section 12A-12. Mechanical Contractor's Bond - Required. A person who has been issued a Mechanical Contractor's License shall execute and deposit with the City a bond in the sum of one thousand dollars ($1,000.00), such bond to be so conditioned that all mechanical work performed by the licensee or under his supervision shall be performed in accordance with the provisions of this chapter and that he will pay all fines and penalties properly imposed upon him for violation of the provisions of this chapter. A Mechanical Contractor's license shall not be valid unless a bond is executed and deposited as herein provided. Section 12A-13. Mechanical Contractorls License - Display of. The holder of a mechanical contractor's license shall keep the license displayed in a conspicuous place in his principal office or place of business. Section 12A-14. Master Mechanic's License - Required. A firm, partnership or corporation may apply for and receive a mechanical contractor's license, provided a bona fide member, officer or full time employee of the firm, partnership or corporation, passes 1973-26 -8- the required master mechanic's examination, and further provided that all mechanical work done by such firm, partnership or corporation shall be executed by or be under the immediate supervision, of such master mechanic. In the event the master mechanic severs his association with or employment by such firm, partnership or corporation, the mechanical contractor's license shall immediately become void, but may be reinstated without charge, within the valid period, upon the employment of another master mechanic. a. A licensed Limited Master Mechanic (Duct Work) may install, maintain, or repair duct work, for private use as defined in this chapter. It shall be unlawful for any owner, lessee, or agent or any person having authority or duty in connection with any building or premises, with knowledge and intent to circumvent the mechanical code, to employ any person to do any mechanical work in any such building or premises unless such person is licensed as a Master Mechanic in the City of Fairfax. It shall be unlawful for any person to display a sign stating or implying that he is carrying on the business of mechanical work or to advertise by means of business cards, stationery or any publication, or to claim orally to a prospective customer, or otherwise indicate, that he is in the business of refrigeration, heating and air conditioning or is offering to do ,refrigeration, heating and air conditioning, unless he is licensed as a master mechanic as provided herein. Section 12A-15. Same - Examination Fee. Any person desiring to be licensed under the provisions'of Section 12A-14 shall make written application to the Board. Application fees shall accompany the application and are not returnable. The application 1973-26 -9- fees are as follows: Mechanical Contractor Master Mechanic Limited Master Mechanic (Duct Work) Journeyman Mechanic Apprentice Section 12A-16. Same - Renewal. $15.00 $15.00 $15.00 $ 5.00 $ 2.00 All licenses issued by the Board shall expire on December 31 of the year for which issued but may be renewed prior to that date upon payment of an annual fee of: Mechanical Contractor Master Mechanic Limited Master Mechanic (Duct Work) Journeyman Mechanic Apprentice 7.50 7.50 $Io.oo 3.00 2.00 Expired licenses may be renewed within thirty days after expiration upon payment of the annual fee and a penalty of $30.00. Section 12A-17. Same - Revocation - Violations - Notice. The Board may revoke any license upon any of the following grounds: a. That it was obtained by non-disclosure or misrepresentation of a material fact. b. That a penalty has been imposed upon the licensee pursuant to the provisions of this Chapter. c. That the licensee has refused, without adequate cause, to com- plete work covered by a permit issued pursuant to the provisions of this code. 1973-26 -10- Provided, however, that no such revocation shall be effective until the licensee shall have had written notice of the charge against him and had an opportunity to be heard and to present evidence in his own behalf at a hearing before the Board to be held not less than five days nor more than thirty days from the date of such written notice. At any such hea'ring, the licensee shall have the opportunity to present both oral and written evidence and shall be entitled to cross-examine. All testimony shall be given under oath. Further provided, that notice in writing of a violation of this code shall be served on the person doing or who has done the work, if he may be served on the premises where the work is located, and/or upon the permit holder if such permit holder is a person other than the person who did the work. The permit holder shall be served in any case with a notice of violation; service shall be by certified mail to the address of the applicant as given in the permit application. Section 12A-18. Same - Use of Licensee's Name by Another. No person who has obtained a mechanic's license shall allow his name to be used by another person either for the purpose of obtaining permits or for doing business or work under the license. Every person licensed shall notify the Board of the address of his place of business and the name under which such business is carried on and shall give immediate notice to the Board of any change in either. Section 12A-l~. Vehicle Display. Every person licensed under this chapter shall plainly letter his business vehicles with name, address, and license number. 1973-26 -ll- Section 12A-20. Mechanical Permits - Required; Exception. No mechanical work, except as provided below, shall be undertaken prior to the issuance of a permit therefor by the Chief Mechanical In- spector. A permit shall be issued only to a licensed Master Mechanic; pro- vided, that any permit for work regulated by this code to be done in a single-family dwelling used exclusively for residence purposes, including usual accessory buildings, and quarters in connection with such buildings; used and occupied by the owner, may be issued to the bona fide owner of such building permitting him to purchase all material and perform all labor personally. Provided, that in the event of an emergency, a licensed mechanic may perform such refrigeration, heating and air conditioning work as may be necessary to eliminate imminent danger to persons or property or to restore to a functional condition any essential refrigeration, heating and air conditioning system, without having first secured a permit; pro- vided, further, that if such an emergency is to be remedied during the hours in which the Mechanical Inspector's office is open, the licensed Master Mechanic shall notify the Mechanical Inspector by telephone, as soon as is practicable, of the emergency and the work being performed. The term "Emergency" shall be construed to include only those occurrences endangering persons or property by reason of malfunction or failure of an essential refrigeration, heating or air conditioning appliance or system. In any event, application for a permit shall be made within two working days of the date on which such emergency commenced. Section 12A-21. Same - Application. Application for a permit for doing mechanical work shall be made on 1973-26 -12- suitable forms provided by the Chief Mechanical Inspector. The application shall be accompanied by fees in accordance with the schedule of fees herein. Section 12A-22. Same - Schedule of Fees. The fees for the installation of mechanical equipment shall be as follows: Unit heaters - up to 500,000 BTU per hour input ............ $ 5.00 each additional 100,000 BTU or fraction thereof .......... $ 1.00 Duct furnaces - up to 100,000 BTU .......................... $ 5.00 each additi. 0nal 100,O00 BTU or fraction thereof .......... $ 2.00 Furnaces when installed in each unit of apartment building .$ 3.00 ea. Central heating furnace - up to 100,000 BTU input .......... $ 5.00 each additional 100,000 BTU or fraction thereof .......... $ 2.00 Space heaters - up to 500,000 BTU input .................... $ 5.00 each additional 100,000 BTU or fraction thereof .......... $ 1.00 Other furnaces - up to 100,000 BTU input ................... $ 5.00 each additional 100,000 BTU 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 ...................... $ 0.50 The fees for the installation of mechanical equipment shall be as follows: Coin operated Dry Cleaning Machines ........................ $ 2.00 per tumbler Minimum fee .............................................. $ 5.00 Hot water heater boiler to 200,000 BTU ..................... $ 7.00 each additional lO0,O00 BTU .............................. $ 3.00 Boilers when instmlled in each unit of apartment building.,~$ 5.00 ea, 1973-26 -13- Low pressure steam boilers to lO0 lbs. steam/hour .......... $ 7.00 each additional 100 lbs. steam/hour ...................... $ 3.00 Power boilers .............................................. $10.00 + O.50/boiler HP Maximum fee for power boilers ............................. $500.00 Miniature boilers .......................................... $ 7.00 Unfired pressure vessels for first 50 sq. ft. of cross- sectional area, computed at greatest dimensions of length and width ......................................... $ 7.00 each additional 50 sq. ft. or fraction thereof ......... $ 2.00 Maximum fee for unfired pressure vessel .................... $25.00 Incinerator - per cubic foot of combustion space, including settling chamber and/or secondary combustion chamber ....................................... $ 0.50 Flue fed, per sq. ft. of grate area ........................ $ 2.00 Minimum Incinerator fee .................................... $ 5.00 Fee for conversion to or replacement of oil burner ..... Light oils (Nos. l, 2, 4) ................................ $ 5.00 Heavy oils (Nos. 5, 6) ................................... $ 7.00 The fee for inspection certificate for boilers and pressure vessels shall be $5.00. The permit fee for the installation, repair or replacement of all other mechanical equipment shall be calculated as follows: Up to $500 the fee will be $5.00 Over $1,000 the fee will be $10.00, plus three-fourths (3/4) of one percent of cost above $1,O00. Minimum fee for any permit shall be $5.00 1973-26 -14- The fee per inspection for more than one inspection after violation notice shall be $5.00. The fee for inspections made necessary by failure to be ready for inspection when requested, a fee of $5.00 will be charged for each additional inspection. For inspections of boilers and heating equipment as required by this Code, the fee for inspection by the Chief Inspector or his agent shall be based on the equivalent direct radiation capacity, or horse- power, as follows: Class I Inspections - Hot Water Heating & Supply Boilers: Less than 1,800 sq. ft. of water., ......................... $10.00 1,801 to 7,500 sq. ft. of water ............................ $15.00 7,501 to 40,000 sq. ft. of water ........................... $20.00 Over 40,000 sq. ft. of water ............................... $25.00 Class Il Inspections - Hot Water Heating & Supply Boilers: Less than 7,500 sq. ft. of water ........................... $15.00 7,501 to 40,000 sq. ft. of water ........................... $20.00 Over 40,000 sq. ft. of water ............................... $30.00 Steam Boilers: Less than 1,200 sq. ft. of steam ........................... $15.00 1,201 to 5,000 sq. ft. of steam ............................ $20.00 Over 5,000 sq. ft. of steam ................................ $30.00 Power Boilers: Less than 10 HP ............................................ $20.00 11 to 20 HP ................................................ $25.00 21 to 50 HP ................................................ $30.00 Over 50 HP ................................................. $35.00 1973-26 -15- The minimum charge by the City for any inspection fee not covered by the foregoing scale will not be less than $10.00. In addition, a fee of $10.00 will be required for the issuance of a Class I or Class II Certificate of Inspection when said inspection is made by an inspector other than the Chief Inspector or his agent. Section 12A-23. Same - Requirement Generally. a. Plans and Specifications: No permit for mechanical work shall be issued until plans and specifications showing the proposed work in n~cessary detail have been submitted to the Chief Mechanical Inspector or his authorized agents, and he has determined from examination of such plans and specifications that the work will conform to the provisions of this chapter. If a permit is denied, the applicant may submit revised plans and specifications without payment of additional fees. If, in the course of the work, it is found necessary to make any change in 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 the original application for permit, shall be issued to cover the change. Section 12A-24. Permits - Abandoned or Discontinued Work. a. Should any person to whom a permit has been issued for mechanical work abandon the installation for any reason, he shall immediately notify the Office of Inspections in writing. b. If an installation has been partially completed, the permit grantee, upon abandoning the installation, shall notify the Office of Inspections and request an inspection. A record shall be kept of the result of the inspection. 1973-26 c. If a permit grantee abandons an installation after work has been started, the work shall be inspected and a notice of any violations shall be sent to the permit grantee and the bonding company. The master mechan- ic who then proceeds with the installation shall secure a permit for the entire job and shall be responsible for all work. d. If no work has been done, a permit grantee shall be entitled to a refund of 75% of the permit fee, provided that request for a refund is made within six months after date of permit. Permit fees of $5.00 will not be refunded. No refund shall be granted to the permit grantee for work already installed and inspected. e. Before proceeding with any mechanical work which has been started by any other person, an owner or master mechanic shall make request for an inspection of the installation and shall notify in w~iting the original permit grantee, before securing a new permit for the entire job. The responsibility for all mechanical work shall be with the new permit holder. Section 12A-25. Constitutionality. If any part or parts, section, sub-section, sentence, clause, or phrase of this ordinance is for any reason declared unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance, which shall remain in full force and effect as if this ordinance had been passed with the unconstitutional part or parts, section, sub-section, sentence, clause, or phrase herein, eliminated. Introduced: September 4, 1973o Adopted: September ll, 1973. ATTEST: r ~ TVd~i' FRK