[Ord. No. 19-036, 5-13-2019]
This Chapter outlines the licensure requirements for individuals
engaging in the performance and/or oversight of Mechanical Work, and
the procedures and fees related to the administration and enforcement
of said requirements.
[Ord. No. 19-036, 5-13-2019]
Unless otherwise provided for in this Chapter, the Residential Code for One- and Two-Family Dwellings of St. Charles County, codified in Section 500.150 of the Ordinances of St. Charles County, Missouri (OSCCMo), as amended; the Fuel Gas Code of St. Charles County, codified in Section 500.240, OSCCMo, as amended; and the Mechanical Code of St. Charles County, codified in Section 500.220, OSCCMo, as amended, shall govern the administration and enforcement of this Chapter.
[Ord. No. 19-036, 5-13-2019]
Unless otherwise expressly stated in this Chapter, the following
words and terms shall have the following meanings when used in this
Chapter.
The Director of the Division of Building and Code Enforcement
or a duly authorized representative of the Director.
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.
The process of treating air to control temperature, humidity,
cleanliness, ventilation or circulation to meet human comfort requirements.
Any individual who holds a Mechanical Contractor Business
License issued pursuant to this Chapter by St. Charles County and
is charged the responsibility to perform and/or oversee Mechanical
Work.
Any individual who holds a Mechanical Contractor Business
License issued pursuant to this Chapter.
Any work subject to applicable Code standards set out in Section 633.010 of this Chapter, including the design, installation, construction, maintenance, service, repair, alteration, or modification of a product or equipment for heating, cooling, ventilation, refrigeration, or similar system.
Any agency of the State of Missouri or any political subdivision
of the State.
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.
[Ord. No. 19-036, 5-13-2019]
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, refuse to renew, 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; and
5.
Review applications pursuant to this Chapter, test applicants
as and when required, and issue Mechanical Contractor Business Licenses
to applicants who comply with the licensure requirements provided
in this Chapter.
[Ord. No. 19-036, 5-13-2019]
Subject to Sections 633.050 and 633.055 of this Chapter, an individual must have a Mechanical Contractor Business License issued pursuant to this Chapter to engage in business as a Licensed Mechanical Contractor in unincorporated St. Charles County or in any incorporated area of the County whose governing body has consented to contract with the County to enforce any applicable Code standard set out in Section 633.010 of this Chapter. No Licensee may allow any other individual to use his or her license for any purpose, except as provided in Section 633.050(A)(5) of this Chapter. An individual who is also registered pursuant to Chapter 327, RSMo., as an architect or professional engineer trained in design criteria for mechanical systems and qualified to design such systems is not exempt from the Mechanical Contractor Business License requirements when performing and/or overseeing Mechanical Work, subject to the exceptions to the licensure requirement contained in Sections 633.050 and 633.055 of this Chapter.
[Ord. No. 19-036, 5-13-2019]
A.
Section 633.040's licensure requirements shall not apply when
an individual:
1.
Is performing Mechanical Work for a public utility on construction,
maintenance, and development of its facilities;
2.
Is performing Mechanical Work on motor vehicles or agricultural
equipment;
3.
Is an Owner-Occupant of a single-family dwelling; is performing
mechanical work on that dwelling or accessory buildings; and demonstrates
to the satisfaction of the Code Official (by written examination,
if necessary, in the Code Official's sole discretion) that he
or she has the knowledge and skill to perform such work;
4.
Is an architect or professional engineer registered under Chapter
327, RSMo., as amended, who designs mechanical systems for design
criteria only;
5.
Is trained and employed by a Public Entity to service or repair
its own mechanical systems; and is performing Mechanical Work on those
systems;
6.
Is employed by a hospital to perform mechanical system maintenance
work incidental to the hospital's operation; or
7.
Is employed by a Licensed Mechanical Contractor and is performing
Mechanical Work authorized by and under the direct supervision of
that Licensee.
[Ord. No. 19-036, 5-13-2019]
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; and
7.
Fireplaces and wood stoves.
[Ord. No. 19-036, 5-13-2019]
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 mechanical system or any portion of an mechanical system in unincorporated St. Charles County or in any incorporated area of the County whose governing body has consented to contract with the County to enforce any applicable Code standard set out in Section 633.010 of this Chapter shall obtain one (1) of the following classes of licenses and pay the fees prescribed in this Chapter:
1.
Mechanical Contractor Business License Class A — Entitles
the Licensee to perform Mechanical Work without limitation to all
BTUH or horsepower capacities; or
2.
Mechanical Contractor Business License Class B — Entitles
the Licensee to perform Mechanical 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.
[Ord. No. 19-036, 5-13-2019]
A.
To obtain a Mechanical Contractor Business License, an applicant
must meet the following minimum requirements:
1.
The applicant must be at least eighteen (18) years of age;
2.
The applicant must make application to the Code Official in
a format 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 processing fees required
by the Code Official; and
6.
The applicant must pass the appropriate examination duly designated
by the Code Official in his or her sole discretion.
[Ord. No. 19-036, 5-13-2019]
A.
All applicants who meet the requirements for licensure in Section 633.060 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 Sections 633.030(A)(3) and 633.120 of this Chapter;
2.
Previously been denied a license for cause, or previously had
a license revoked for cause; or
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 or her 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. 19-036, 5-13-2019]
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 633.090 of this Chapter. The Code Official may prorate renewal fees for the purposes of extending the expiration date of licenses for existing blasters to correspond with the renewal periods enumerated in Section 633.090.
[Ord. No. 19-036, 5-13-2019]
The Code Official shall renew or issue such Mechanical Contractor Business Licenses in active status for two-year terms beginning on the first day of January in odd-numbered years and ending on the last day of December in the following even-numbered year. To renew any such license, a Licensee must submit to the Code Official, before the license's expiration date, and in a format prescribed by the Code Official, an application for renewal along with the payment of the renewal fee enumerated in Section 633.110 of this Chapter. Late applications for renewal shall be accepted until, but no later than, March 31st with payment of late fees imposed in Section 633.110(C).
[Ord. No. 19-036, 5-13-2019]
In lieu of renewing a license in active status as provided by Section 633.090 of this Chapter, the Licensee may apply for inactive license status for two-year terms, beginning and ending as provided in Section 633.090. A Licensee who obtains inactive license status may perform no Mechanical Work under the inactive license. To apply for inactive license status, a Licensee must submit to the Code Official, before the license's expiration date, and in a format prescribed by the Code Official, an application for inactive license status along with the required application fees. A Licensee whose license is on inactive status may change his or her license to an active status by applying for renewal as provided by Section 633.090. A Licensee who has a license in an inactive status for more than two (2) renewal periods must provide evidence of continued competency, as approved by the Code Official, to change his or her license an active status.
[Ord. No. 19-036, 5-13-2019]
A.
The Code Official shall collect the following fees:
1.
Mechanical Contractor Business License initial application fee
of twenty-five dollars ($25.00) per application;
2.
Mechanical Contractor Business License Class A active status
fee of two hundred dollars ($200.00) per license for two (2) years;
3.
Mechanical Contractor Business License Class B active status
fee of two hundred dollars ($200.00) per license for two (2) years;
and
4.
Mechanical Contractor Business License (Class A or Class B)
inactive status fee of fifty dollars ($50.00) to renew a license in
an inactive status for two (2) years.
B.
The Code Official may prorate the fees enumerated in Subparagraphs
(A)(2) and (A)(3) of this Section when first issuing licenses or when
reactivating licenses on inactive license status.
C.
The Code Official shall collect the following additional fees for
expired licenses when the application to renew is received after the
expiration date:
D.
A Licensee who fails to renew his or her license before April of the year following expiration shall pay an additional one hundred dollars ($100.00) to reactivate the license in addition to any fees required in Section 633.110(A). A Licensee who reactivates his or her license per this Subsection is not required to pay any of the fees listed in Section 633.110(C) with the reactivation fee.
[Ord. No. 19-036, 5-13-2019]
A.
Mechanical Contractor Business Licenses issued pursuant to this Chapter
shall be subject to the following conditions:
1.
Gas Fitting Work. Any individual licensed or registered to perform
Mechanical Work may perform Gas Fitting Work without obtaining any
other license to perform the work. Gas Fitting Work shall be performed
in accordance with the appropriate standards for gas fitting work.
2.
Electrical Work. Nothing in this Chapter shall be construed
as allowing a Licensee under this Chapter 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. 19-036, 5-13-2019]
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 Mechanical
Contractor Business License (including a license on inactive license
status) if the Code Official finds that the Licensee has:
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
Mechanical Contractor Business License has been revoked or who has
been refused renewal of his or her Mechanical Contractor Business
License may reapply for such a license, but no sooner than one (1)
year after the date of revocation or refusal to renew.
[Ord. No. 19-036, 5-13-2019]
All individuals licensed under this Chapter shall maintain on
file with the Code Official evidence of a contractor license bond
in the amount of ten thousand dollars ($10,000.00). This bond must
be kept in force at all times and be in the name of the license holder.
Failure to maintain such bond may result in revocation of license.
[Ord. No. 19-036, 5-13-2019]
All individuals licensed under this Chapter shall be required
to maintain on file with the Code Official a certificate of insurance
evidencing liability insurance coverage in the amount of five hundred
thousand dollars ($500,000.00) per incident. This insurance must be
kept in force at all times, and the certificate holder shall be listed
as St. Charles County. Failure to maintain such insurance may result
in revocation of license.
[Ord. No. 19-036, 5-13-2019]
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; 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 633.160 of this Chapter, which fine shall be not less than two hundred fifty dollars ($250.00).
[Ord. No. 19-036, 5-13-2019]
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). Each day
that a violation continues shall be deemed a separate offense.
[Ord. No. 19-036, 5-13-2019]
Enforcement of this Chapter shall be the responsibility of the
County Counselor.
