St. Charles County, MO
 
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. No. 10-040 §20(1), 6-2-2010]
Unless otherwise provided for in this Chapter, the Mechanical Code of St. Charles County, Section 500.020, OSCCMo, as amended, shall govern the administration and enforcement of this Chapter.
[Ord. No. 10-040 §20(2), 6-2-2010]
Unless otherwise expressly stated in this Chapter, the following words and terms shall have the following meanings when used in this Chapter.
BTUH
British thermal unit per hour of heat.
CODE OFFICIAL
The Director of the Division of Building and Code Enforcement or a duly authorized representative of the Director.
[Ord. No. 16-054 §11, 7-25-2016]
HEATING AND AIR CONDITIONING
The process of treating air to control temperature, humidity, cleanliness, ventilation or circulation to meet human comfort requirements.
HORSEPOWER
The equivalent to seven hundred forty-six (746) watts.
HVACR
The design, installation, construction, maintenance, service, repair, alternation or modification of a product or of equipment in heating and air conditioning, refrigeration, ventilation, process cooling or heating systems or water heaters.
HVACR CONTRACTOR
Any individual who under contract with or on behalf of a property owner engages in the business of installing HVACR systems and equipment in buildings as defined by applicable code standards set out in Section 633.010 of this Chapter.
HVACR EMPLOYEE
A person who is an employee of an HVACR licensee and who does not hold a Class A, B or C HVACR license and who can only perform work for an HVACR licensee.
HVACR GAS FITTING WORK
Gas fitting work for the purpose of supplying a HVACR system from an existing, accessible manual safety shutoff gas cock, installing flue gas vents and combustion air for the HVACR system.
HVACR MAINTENANCE WORK
Repair, modification, service and all other work required for the normal continued performance of a HVACR system. This term does not include the installation or total replacement of a system or the installation of boiler or pressure vessels that must be installed by licensed persons.
LICENSEE
Any individual who holds a license issued pursuant to this Chapter.
ONE TON
Twelve thousand (12,000) BTUH.
PUBLIC ENTITY
Any agency of the State of Missouri or any political subdivision of the State.
REFRIGERATION
The use of mechanical or absorption equipment to control temperature, humidity or both in order to satisfy the intended use of a specific space other than for human comfort.
REPAIR
The reconstruction or replacement of any part of an existing HVACR system for the purpose of its maintenance.
SUBCONTRACTOR
A person who performs a portion of the HVACR installation.
[Ord. No. 10-040 §20(3), 6-2-2010]
A. 
The Code Official shall:
1. 
Adopt certain rules and regulations to ensure the proper administration and enforcement of this Chapter.
2. 
Conduct investigations into all complaints against any licensee.
3. 
Suspend, revoke or place on probation the license of any licensee who fails to correct any violations of this Chapter or of any applicable code standard set out in Section 633.010 of this Chapter.
4. 
Activate bonds to cover the cost for any work performed by a licensee that does not meet minimum requirements of any applicable code standard set out in Section 633.010 of this Chapter.
5. 
Review applications for licenses pursuant to this Chapter, test applicants and issue licenses to applicants who pass their tests as provided in this Chapter.
[Ord. No. 10-040 §20(4), 6-2-2010]
Subject to Sections 633.050 and 633.060 of this Chapter, an individual must have the appropriate license issued pursuant to this Chapter to engage in business as an HVACR contractor in unincorporated St. Charles County or in any incorporated area of the County whose Governing Body has consented to County licensure of such contractors. No licensee may allow any non-licensed individual or any other individual to use his or her number for any purpose.
[Ord. No. 10-040 §20(5), 6-2-2010]
A. 
Section 633.040 licensure requirements shall not apply to any individual who:
1. 
Performs HVACR work in an existing building or structure that he or she owns and occupies as a residence or that he or she owns and uses on his or her own farm, provided that he or she demonstrates to the satisfaction of the Code Official (by written examination, if necessary) that they have the knowledge and skill to perform such work.
2. 
Performs HVACR work for a public utility on construction, maintenance and development of its facilities.
3. 
Performs HVACR work on motor vehicles or agricultural equipment.
4. 
Is an architect or professional engineer registered under Chapter 327, RSMo., as amended, who designs HVACR systems for design criteria only.
5. 
Is trained and employed by a public entity to service or repair its own HVACR systems incidental.
6. 
Is employed by a hospital to perform HVACR maintenance work incidental to the hospital's operation.
7. 
Is a HVACR subcontractor who performs HVACR work for a current HVACR Class A or Class B licensee.
8. 
Is an HVACR employee.
B. 
Any individual exempt under this Section from the licensure requirements imposed by Section 633.040 of this Chapter shall meet applicable code standards set out in Section 633.010 of this Chapter when performing HVACR work and shall obtain permits and inspections as may be required by Chapter.
[Ord. No. 10-040 §20(6), 6-2-2010]
A. 
Section 633.040's licensure requirements shall not apply to:
1. 
Household appliances.
2. 
American Gas Association approved unvented space heaters.
3. 
Factory assembled air cooled, self-contained refrigeration equipment of one and one-half (1.5) horsepower or less which have no refrigerant lines extending beyond the cabinet enclosure.
4. 
Factory assembled air cooled, self-contained window type air conditioning units of thirty-six thousand (36,000) BTUH or less not connected to ducts.
5. 
Window, attic, ceiling and wall fans in residences.
6. 
Poultry operations whether engaged in hatching, primary processing or further processing of chicken, turkey or other fowl.
7. 
Fireplaces and wood stoves.
[Ord. No. 10-040 §20(7), 6-2-2010]
A. 
Except as otherwise provided by Sections 633.040 and 633.050 of this Chapter, every individual who designs, installs, constructs, maintains, services, repairs, alters or modifies any HVACR system or any portion of an HVACR system in unincorporated St. Charles County or in any incorporated area of the County whose Governing Body has consented to County licensure of HVACR contractors shall obtain one (1) of the following classes of licenses and pay the fees prescribed in this Chapter:
1. 
Class A—Entitles the licensee to perform HVACR work without limitation to BTUH or horsepower capacities;
2. 
Class B—Entitles the licensee to perform HVACR work on air-conditioning systems that develop a total of not more than twenty (20) tons of cooling capacity per unit or five hundred thousand (500,000) BTUH heating input per unit and refrigeration systems of fifteen (15) horsepower or less per unit; or
3. 
Class C—Entitles the licensee, who is in the business of servicing and repairing heating, ventilation, air-conditioning or refrigeration equipment for the public or servicing, repairing or replacing components of HVACR equipment and performing HVACR work on air-conditioning systems that develop a total of not more than twenty (20) tons of cooling capacity per unit of five hundred thousand (500,000) BTUH heating input per unit and refrigeration systems of fifteen (15) horsepower or less per unit. A Class C license holder shall not install any original HVACR equipment or replace any existing HVACR equipment.
[Ord. No. 10-040 §20(8), 6-2-2010; Ord. No. 13-001 §14, 1-3-2013; Ord. No. 13-050 §14, 6-28-2013]
A. 
To obtain a HVACR contractor license, an applicant must meet the following minimum requirements:
1. 
The applicant must be at least eighteen (18) years of age or able to demonstrate that he or she is an emancipated minor;
[Ord. No. 13-087 §14, 11-25-2013]
2. 
The applicant must make application to the Code Official on forms prescribed by the Code Official.
3. 
The applicant must specify the class of license desired.
4. 
The applicant must meet all requirements specified by this Chapter and by rules and regulations promulgated by the Code Official.
5. 
The applicant must pay the appropriate examination and license fees required by this Chapter.
6. 
The applicant must pass the appropriate examination administered by the Code Official or the testing agency duly designated by the Code Official.
[Ord. No. 10-040 §20(9), 6-2-2010]
A. 
All applicants who meet the requirements for licensure in Section 633.080 of this Chapter shall be issued the appropriate license. However, the Code Official may deny a license if the applicant has:
1. 
Committed any act which, if committed by a licensee, would be grounds for suspension or revocation of the license pursuant to Section 633.150 of this Chapter.
2. 
Previously been denied a license for cause or previously had a license revoked for cause.
3. 
Knowingly made any false statement or misrepresentation on the application for a license.
B. 
Any individual aggrieved by a decision of the Code Official under this Section may appeal to the St. Charles County Building Commission and introduce any evidence in his defense. Any individual whose application for a license has been denied may reapply for such a license, but no sooner than one (1) year after the date of denial.
[Ord. No. 10-040 §20(10), 6-2-2010]
All current holders of HVACR contractor licenses issued by St. Charles County shall be subject to all provisions of this Chapter, except that such individuals are exempt from this Chapter's testing requirements unless their licenses expire without being renewed as required by Section 633.110 of this Chapter.
[Ord. No. 10-040 §20(11), 6-2-2010]
All HVACR contractor licenses issued or maintained pursuant to Sections 633.090 or 633.100 of this Chapter shall expire on December 31, 2010. Thereafter, the Code Official shall renew or issue such licenses for two (2) year terms beginning on January first (1st) and ending on December thirty-first (31st) of even-numbered years. To renew any such license, a licensee must submit to the Code Official, before the license's expiration date, and on a form prescribed by the Code Official, an application for renewal along with the payment of the renewal fee enumerated in Section 633.130 of this Chapter. Late applications for renewal shall be accepted until but no later than July first (1st) with payment of late fees imposed in Section 626.120(C).
[Ord. No. 10-040 §20(12), 6-2-2010]
In lieu of renewing an active HVACR contractor license as provided by Section 633.110 of this Chapter, the license holder may apply for inactive license status for two (2) year terms, as provided in Section 633.110. A licensee who obtains inactive license status may perform no work under the inactive license as a HVACR contractor. To apply for inactive license status, a licensee must submit to the Code Official, before the license's expiration date, and on a form prescribed by the Code Official, an application for inactive license status along with the required application fees. A licensee on inactive license status may reactivate his license by applying for renewal as provided by Section 633.110.
[Ord. No. 10-040 §20(13), 6-2-2010]
A. 
The Code Official shall collect the following fees:
1. 
HVACR license test application fees of twenty-five dollars ($25.00) per application.
2. 
HVACR Class A license fee of two hundred dollars ($200.00) per license for two (2) years.
3. 
HVACR Class B license fee of two hundred dollars ($200.00) per license for two (2) years.
4. 
HVACR Class C license will be issued to current HVACR Class C license holders only. HVACR Class C license fee of one hundred dollars ($100.00) per license for two (2) years.
5. 
For HVACR contractor inactive license status a fee of fifty dollars ($50.00) for two (2) years.
B. 
The Code Official may prorate the fees enumerated in Subparagraph (2) through (3) of the preceding Subsection when first issuing licenses or when reactivating licenses on inactive license status.
C. 
The Code Official shall collect the following fees for late renewals of an active or inactive license:
1. 
Fifty dollars ($50.00) for licenses renewed in January;
2. 
One hundred dollars ($100.00) for licenses renewed in February;
3. 
One hundred fifty dollars ($150.00) for licenses renewed in March;
4. 
Two hundred dollars ($200.00) for licenses renewed in April;
5. 
Two hundred fifty dollars ($250.00) for licenses renewed in May; and
6. 
Three hundred dollars ($300.00) for licenses renewed in June.
[Ord. No. 10-040 §20(14), 6-2-2010]
A. 
HVACR contractor licenses issued pursuant to this Chapter shall be subject to the following conditions:
1. 
Gas fitting work. Any individual licensed or registered to perform HVACR work may perform HVACR gas fitting work without obtaining any other license to perform the work. HVACR gas fitting work shall be performed in accordance with the appropriate standards for gas fitting work.
2. 
Display of license. Every person licensed under this Chapter shall display his or her HVACR contractor license number in block letters of at least three (3) inches on all of his business vehicles and in all forms of advertising in a manner prescribed by the rules and regulations promulgated by the Code Official.
3. 
Electrical work. Nothing in this Chapter shall be construed as allowing an HVACR licensee to perform electrical work without complying with applicable local, City or State electrical licensing requirements and any applicable local code or State code pertaining to electrical work.
[Ord. No. 10-040 §20(15), 6-2-2010]
A. 
The Code Official may make investigations and conduct hearings and, upon its own investigation or a complaint in writing, signed and verified by the complainant, suspend, refuse to renew or revoke any HVACR contractor license (including a license on inactive license status) if the Code Official finds that the licensee has:
1. 
Made a material misstatement in the application for an HVACR license or for the renewal of such a license; or
2. 
Demonstrated incompetency to act as a licensee as provided by this Chapter; or
3. 
Has violated any provision of this Chapter, or of any applicable code standard set out in Section 633.010 of this Chapter, or any rule, regulation or order promulgated by the Code Official.
B. 
Any individual aggrieved by a decision of the Code Official under this Section may appeal to the St. Charles County Building Commission and introduce any evidence in his or her defense. Any individual whose HVACR contractor license has been revoked may reapply for such a license, but no sooner than one (1) year after the date of revocation.
[Ord. No. 10-040 §20(16), 6-2-2010; Ord. No. 12-029 §17, 3-30-2012]
All individuals licensed under this Chapter shall maintain on file with the Code Official evidence of a performance or license bond in the amount of ten thousand dollars ($10,000.00). This bond must be kept in force at all times. Failure to maintain such bond may result in revocation of license.
[Ord. No. 10-040 §20(17), 6-2-2010]
All individuals licensed under this Chapter shall be required to maintain on file with the Code Official a certificate of insurance evidence of liability insurance coverage in the amount of five hundred thousand dollars ($500,000.00). This insurance must be kept in force at all times. Failure to maintain such insurance may result in revocation of license.
[Ord. No. 10-040 §20(18), 6-2-2010]
Upon notice from the Code Official that work is being performed contrary to provisions of this Chapter, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved or to that owner's agent and to the individual doing the work and shall state the conditions under which work will be permitted to resume. Any individual who shall continue any work in violation of the provisions of this Chapter after having been served with a stop work order shall be liable to a fine as provided by Section 633.190 of this Chapter, which fine shall be not less than two hundred fifty dollars ($250.00).
[Ord. No. 10-040 §20(19), 6-2-2010]
Any individual who violates any provision of this Chapter, or of any rule, regulation, order or license issued pursuant to this Chapter or violates any rule, regulation or order of the Code Official or any permit, license or certification may, in accordance with the regulations issued by the Code Official, be assessed an administrative penalty by the Code Official. The penalty shall not exceed the amount of two hundred fifty dollars ($250.00) for each violation. Each day a violation continues may be deemed a separate offense. However, no administrative penalty may be assessed until the individual charged with the violation has been given notice of the violation and the opportunity for a hearing by the St. Charles County Building Commission. Alternatively, St. Charles County may institute legal action against any individual who violates a provision of this Chapter or of any rule, regulation, order or license issued pursuant to this Chapter. Any such individual shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment not exceeding one (1) year, or by both. Each day that a violation continues shall be deemed a separate offense.