Except as hereinafter provided, this chapter
shall apply to the installation of all fuel oil burners and gas-fired
heating equipment, provided that existing installations may be continued
in use without change where such existing installations basically
conform to standards of this chapter and present no apparent danger
to life or property through the methods of installation or operation,
and provided further that an installation permit has been previously
obtained as required by any ordinance which this chapter supersedes.
A.
It shall be unlawful in the Village of New Haven for
any person, firm, partnership, association or corporation to engage
in the business of installing or contracting to install, alter or
service any oil-fired or gas-fired heating equipment covered by this
chapter, parts or accessories thereof or appurtenances thereto without
first having filed an application with the Board of Examiners and
obtained a license therefor as hereinafter provided.
B.
Application for a license shall be made on forms furnished
for such purpose by the Board. The application shall contain, in addition
to other required information, the following:
(1)
Name, age and address (legal and place of business)
of applicant.
(2)
Qualifications of applicant.
A.
A Board of Examiners, consisting of at least four
members, shall be appointed by the governing body to advise the Inspector
on examinations required by this chapter. The members shall be citizens
of the United States and residents of the Village of New Haven, and
shall be qualified in the knowledge of the mechanics of the business.
B.
The four members shall consist of two representing
the governing body, one representing the heating business, and one
citizen at large, who shall be the Inspector. Their terms of office
are to be set by the governing body of the Village of New Haven, and
any vacancies shall be filled by them.
C.
The duties of the Board of Examiners shall be to determine,
by examination of such a kind as it may require, the qualifications
and ability of applicants for licenses. Such examinations shall consist
of oral or written examinations and may include practical tests, and
shall cover the theory and practice of heating construction and engineering
and the interpretation of charts, blueprints and plans for heating
installations. The Board shall file with the Inspector a written report
of its findings and recommendations in each case.
A.
There is hereby created a Board of Appeals, hereinafter
referred to as the “Board,” which shall consist of the
Board of Examiners, hereinbefore referred to; provided, however, that
the Inspector shall be disqualified from sitting as a member of the
Board or from voting on any and all matters involving the suspension
or revocation of any license issued under this code, or on any and
all matters that are in the nature of an appeal from any ruling or
decision made by said Inspector.
B.
The Board is hereby authorized and empowered.
(1)
When it is impossible for a licensee under this code
or an owner to obtain the material specified for use in the code because
of any national emergency, or when it is undesirable to use the materials
specified because of improvements or new discoveries made, or when
it is impractical or undesirable for a licensee to follow the method
of procedure prescribed by the code, the Board, in its discretion,
may approve any material proposed as a substitute for those mentioned
in the code, or may in its discretion approve any method of procedure
as a substitute for that herein prescribed, and when such approval
is given it shall have the force and effect of law.
(2)
To hear and conduct appeals from rulings or decisions
of the Inspector as specified in this code.
(3)
To conduct investigations on any matters pertaining
to the effective operation and application of the code to the various
matters covered thereby.
(4)
To make findings that shall be conclusive on all questions
of fact, whether arising from such investigations, appeals or otherwise.
(5)
To make rules and regulations for carrying out the
provisions of this chapter.
In the event that any person desires to appeal
to the Board from any decision or ruling of the Inspector on any matter
under the code, such appeal shall be made in writing and filed with
the Secretary of the Board, and at the same time such person shall
pay a filing fee of $10 to the Village of New Haven Treasurer. If
the ruling or decision of the Inspector is not affirmed by the Board,
the fee of $10 shall be returned to the person appealing; if such
ruling or decision is affirmed, the fee shall be retained by the Village
of New Haven. In the event proceedings are instituted before the Board
of Appeals for any purpose other than an appeal from the ruling or
decision of the Inspector, the filing fee as hereinabove provided
shall not be required. Where giving notice of hearing on an appeal
is not otherwise provided for herein, the Secretary of the Board shall
give such notice to all the interested parties at least 10 days before
the date of such hearing, either by personal service or registered
mail, and the hearing shall be held at such time and place in the
Village as shall be therein stated. Proof of service of giving such
notice shall be made and filed with the Board prior to the hearing.
No license shall be issued to an applicant until
he has submitted to an examination, or such applicant has a person
in his regular employ who is actively in charge who has submitted
to the examination; provided that when a license has been issued to
an applicant based on the qualifications of such regular employee
and the active services of such employee with the applicant have been
terminated, it shall be unlawful for the licensee to engage in any
of the operations covered by this chapter until the licensee is again
qualified in accordance with the provisions thereof.
A.
The examination may be written or oral and may include
practical demonstration. It shall cover the construction engineering
and the interpretation of charts, blueprints and plans of heating
installations. The examinations shall be uniform for all reciprocating
municipalities.
B.
Every applicant shall, upon making application for
a license, pay an examination fee of $25. Any applicant failing to
appear for examination or failing to secure a passing grade shall
again pay the examination fee before being permitted to again take
the examination.
C.
Examination schedule; meetings of Board of Examiners.
(1)
Examinations for a license under this code shall be
held on the third Wednesday of each month except when such is a holiday,
in which case it shall be held on the following day.
(2)
No sessions of the Board of Examiners need be held
unless there is at least one applicant for examination. Special sessions
of the Board of Examiners may be called by the Chairman when in his
discretion necessity may require it.
A.
The Village of New Haven shall permit contractors
engaged in the installation of gas-fired, oil-fired, or coal-fired
heating equipment legally licensed by other municipalities of the
State of Michigan to engage in the business of installing or contracting
to install, alter or service gas-fired, oil-fired, or coal-fired heating
equipment parts, or accessories thereof, or appurtenances thereto,
within the corporate limits of the Village of New Haven upon registration
with the Inspector and the payment of a registration fee, provided
that the municipalities in which such contractors are licensed reciprocate
in recognizing gas-fired, oil-fired and coal-fired burner installation
contractors duly licensed under the provisions of this chapter by
granting them the same privilege and charging the same license and
registration fees; provided further that the licensing ordinance,
examinations, and examination procedures of such municipalities are
substantially equal to the requirements set forth in this chapter.
B.
To be eligible for a reciprocal license, a heating
contractor shall obtain his license in the municipality wherein the
contractor maintains his principal place of business.
C.
No gas-fired or oil-fired or coal-fired burner installation
contractor's license shall be recognized for the purpose of registration
by the Village of New Haven which has been issued by a municipality
which has failed to approve by affirmative action of its legislative
body the reciprocal licensing provisions contained in this chapter.
The right of any municipality to participate in the reciprocating
section of this chapter shall be determined by the Board of Examiners
of the reciprocating municipalities and based upon qualifications
outlined in this chapter.
Licenses shall be classified and limited as
follows:
B.
Oil-fired equipment:
(1)
Oil-fired equipment limited to units or burners designed
for the use of No. 1, 2, or 3 distillates, as defined in the U.S.
Department of Commerce, Commercial Standard CS 12-40, having a maximum
fire rate of 30 gallons per hour.
(2)
Oil-fired equipment unlimited as to size or capacity
of oil burner and designed for any grade of fuel oil.
A.
The annual license fee for the issuance of gas-fired,
oil-fired and coal-fired heating equipment shall be as follows: $25
for any one or for any combination of license classifications.
B.
Contractors may secure licenses for additional classification
without any additional license fee, provided they pay the required
examination fee and their license is approved by the Board of Examiners.
C.
The license registration fee shall be $10 for any
one or for any combination of license classifications. Registration
of additional license classifications may be made without additional
charge.
D.
All licenses and registrations shall expire December
31 following the date of issuance.
No license shall be revoked except for cause
upon proof of charges filed by the Inspector, specifying with reasonable
detail the facts showing carelessness or negligence in the performance
of the licensee's duties in connection with his work, or showing that
such licensee has violated or permitted a violation of this code,
or that this code has been violated in connection with work for which
the licensee was responsible and of which the licensee was aware or,
in the exercise of reasonable diligence, should have been aware that
such violation had occurred. Upon the filing of such charges, the
governing body may forthwith suspend the license involved, and shall
give to such licensee notice of a hearing upon such charges, which
hearing shall be held by the governing body not less than 30 days
after the date of such notice unless an earlier date is agreed upon
in writing by the licensee affected. Such notice shall be by personal
service or registered mail forwarded to the last known address, and
shall state the time and place of such hearing and shall contain a
copy of the charges. If such charges are sustained by the governing
body, the license shall be revoked and the licensee shall be notified
in writing of such revocation.
No person having procured a master's contractor's
license shall permit or allow the use of his name by any other person,
directly or indirectly, for the purpose of obtaining a permit to do
any installation, alteration, replacement or repair of gas burner
or oil burner equipment in the Village of New Haven.
The Board is hereby authorized to adopt rules
and regulations necessary to make effective the provisions of this
chapter.
Licenses may be revoked or suspended in accordance
with the Charter and ordinances of the Village of New Haven relative
thereto.
The causes for which a gas burner and/or oil
burner and/or coal and/or electrical heating contractor's license
can be revoked shall be gross incompetence, gross neglect, deliberate
misrepresentation, or willful failure to comply with the requirements
of this chapter.
It shall be unlawful for any person, firm, partnership,
association or corporation to install or alter any oil-fired or gas-fired
heating equipment covered by this chapter in the Village of New Haven,
except as herein provided, without a permit from the department. Application
for such permit shall be on forms furnished for such purpose by the
Inspector and shall contain sufficient information for a proper description
of the burner, equipment and accessories to be installed or altered.
A.
The Inspector shall issue numbered tags, of a type
which will be destroyed upon removal, to licensed oil burner and gas-fired
space heating installation contractors and shall keep a record of
tags so issued. These tags shall be attached to the fuel oil fill
or vent pipe by the contractor upon completion of an oil burner installation
or to the fuel line of the gas-fired space heating apparatus at the
manually operated shut-off valve by the contractor upon the completion
of the gas-fired space heating installation.
B.
Upon issuance of an oil burner or gas burner installation
permit, the Inspector shall inspect the installation, and if found
to conform with the provisions of this chapter, a permanent metal
tag, properly numbered, shall be affixed by the Inspector.
It shall be unlawful for any owner, occupant,
firm, partnership, association or corporation having control or management
of any building or structure to use or permit to be used therein any
fuel oil burner or oil-burning heater which has been installed or
altered subsequent to the effective date of this chapter without a
permit as herein provided. It shall be unlawful for any person, firm,
partnership, association or corporation, except authorized personnel
of the gas company, to turn on the gas for use in any gas-fired space
heating equipment which has been installed or altered in any building
or structure subsequent to the effective date of this chapter without
said permit.
No person or persons, firm or corporation shall
supply with fuel oil any tanks or containers for fuel oil unless such
fuel oil burners and equipment shall have, as herein provided, a tag
attached to the fill or vent pipe of such tank or container.
Fees for the issuance of installation or alteration
permits for inspections required under the provisions of this chapter
shall cover the cost of inspection and supervision resulting from
the enforcement of this chapter. The fee shall be $5.
The Inspector and his authorized assistants
shall have the right during reasonable hours to enter any building
or premises in the Village of New Haven for the purpose of making
any inspections or tests of any fuel oil burner or gas burner or parts
thereof contained therein.
It shall be the duty of the Inspector or his
authorized assistants to inspect all fuel oil and gas-burning equipment
covered by this chapter at the time of its installation and all oil-fired
and gas-fired heating equipment installed previous to the enactment
of this chapter which, due to its construction, installation or condition,
may be dangerous to life or property.
The Inspector and his authorized assistants
may make such other inspections and tests as are deemed necessary
for the purpose of safety and the enforcement of this chapter.
A.
Whenever any fuel oil burner or gas space heating
burner or part thereof or any accessory thereto is found to be unsafe
or in a condition so as to be dangerous to life or property, the Inspector
or his authorized assistants are hereby empowered to condemn the unit
or the part thereof, and no such unit or part thereof shall thereafter
be used until put in a safe condition and approved by the Inspector.
B.
Whenever any fuel oil burner, oil-burning or gas-burning
space heater or part thereof has been condemned, the Inspector shall
place thereon a warning tag listing the causes for the condemnation.
It shall be unlawful for any owner, occupant, firm, partnership, association
or corporation having control or management of any such unit or part
thereof to use or permit to be used such unit or part thereof, until
such causes for the condemnation shall have been remedied and the
unit or part thereof has been put in safe condition and approved as
such by the Inspector; or licensed contractors will be permitted to
place such equipment in operation in accordance with the following
procedure:
(1)
Correct the causes of condemnation.
(2)
Notify this Inspector by phone that the hazardous
condition has been corrected.
(3)
Upon receiving the permission of the Inspector, place
the equipment in operation.
(4)
Sign the warning tag with the name of the company
holding the contractor's license, countersigned by the workman responsible
for making the corrections, and leave the signed warning tag attached.
Nothing in this chapter shall be construed as
limiting the authority of the Fire Department and the Board of Health
of the Village of New Haven in making supplementary inspections under
their respective safety regulations.
The installation, alteration, maintenance, extension,
or replacement of any plumbing, including domestic water heating equipment,
as defined by the Plumbing Laws of the State of Michigan, is not permitted
to be done by any licensee under this chapter unless such licensee
is also licensed as a master plumber under the plumbing laws of the
State of Michigan.
A.
The electric wiring installed in connection with oil-fired or gas-fired space heating equipment shall be installed in accordance with the provisions of Chapter 230, Electrical Standards.
B.
Each oil- or gas-fired installation shall be provided
with a remote control switch capable of disconnecting the electrical
supply from the fuel-burning equipment located in a place easily accessible,
in case of fire, near the equipment. This switch shall be permanently
and clearly labeled "BURNER SHUT OFF SWITCH."
