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HomeMy WebLinkAboutO-84-04 '. . e .,'. I j") '/f-JJ/, ~ ",i (:""'..... r ~/<J- )). ORDINANCE NO. tJ-j<!- ~ AN ORDINANCE CREATING SEC. 7-25 OF THE CODE OF ORDINANCESBY ESTABLISHING STANDARDS FOR THE INSTALLATION OF SOLAR WATER HEATING SYSTEMS; REQUIRING A PERMIT FOR INSTALLATION; AUTHORIZING FEES; CREATING SUB-SECTION (8) OF SECTION 7-91 OF TIlE CODE BY DEFINING: SOLAR WATER HEATING CONTRACTOR AND REQUIRING EXAMINATION FOR CERTIFICATION; CREATING SUB-SECTION (i) OF SECTION 7-93 OF THE CODE BY PROVIDING FOR CERTIFICATION OF THOSE NOW ACTIVELY ENGAGED IN THE INSTALLATION OF SOLAR WATER HEk'UNG SYSTEMS AND ALLOWING FOR CERTIFICATION OF MECHANI CAL CONTRACTORS, H, A, R.V. CONTRACTORS AND PLUMBING CONTRACTORS ,TO INSTALL SOLAR WATER HEATING SYSTEMS: PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Council, upon recommendation of the Building Official and the Construction Board has determined that the installation and use of solar hot water and pool heating systems has dramatically increased for commercial, household and other uses; and, WHEREAS, the installation of such systems according to established guid~lines by persons knowledgeable in such installation is essential to the safe and efficient operation of said systems; and, WHEREAS, it is in the best interests of the health, safety, and welfare of the citizens of the City of Sebastian, Florida, to establish standards for solar hot water and pool he~ ing systems and for the persons engaged in the installation of said systems. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION I. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section to be numbered 7-25, which said section shall read as follows: Sec. 7-25. Solar hot water and pool heating systems; minimum standards; permit; fees. '4IJ . e .. (a) All solar hot water and pool heating systems installed in the city, including, but not limited to, systems installed for residential and commercial uses are hereby required to meet the standards established by the Florida Solar Energy Center, pursuant to Section 377.05, Florida Statutes and Chapter 6 C-12, Florida Administrative Code. These standards are hereby adopted as set forth on Florida Solar Energy Center documents FSEC~GP~5-R80, FSEC-GP~ 6-R80, F$~~-GP-7-80, and FSEC~GP-8-80. (b) There is hereby established a permit for the installation of solar water heating and solar pool heating systems. Solar permits may be issued only to those persons authorized in Article VII of this Chapter provided however, that a homeowner may draw a permit for either solar domestic water or solar pool heating systems on his own home for his own noncommercial use, provided that the homeowners actually performs the work and is solely responsible therefor. Should the homeowner employ or contract with another to perform any portions of the work for which a local certificate of competency is required, the person performing that work must be certified in the applicable trade category. In no case shall a permit be issued without presentation of evidence of compliance with the Florida solar energy standards referred to in sub-section (a) above unless the system to be installed is not required by the Florida solar energy standards to submit to the approved standard. (e) Fees for solar water and solar pool heating systems are as set forth in Sec. 7-20(b) of this Chapter. -2~ .~ . e ~ SECTION II. That the Code of Ordinances, City of Sebastian, Florida is hereby amended by adding a sub-section to Section 7-91, to be numbered 7-91(8), which said section shall read as follows: Sec. 7-91. Definitions: The following words and phrases when used in this article, shall have the meanings respectively ascribed to them: Contractor . (8) Solar Water Heating Contractor (a) A solar water heating contractor lS a specialty contractor qualified to execute contracts requiring the skill, knowledge, ability and experience to size, install, alter, repair, maintain, relocate, replace or use solar water heating systems to include selar heating panel and all appurtenances, apparatus, or equipment to be used in connection therewith. Only a solar water heating contractor shall contract only to size, install, alter, repair, maintain, relocate or replace any and all solar hot water systems and solar swimming pool heaters. The solar water heating contractor shall have any work for which a local certificate of competency is required performed by someone holding a current and valid certificate of competency to perform that work, unless such contractor is himself certified in the applicable trade category. (b) All persons or firms desiring to hold certificates of competency as a solar water heating or a solar pool heating contractor and not certified as a residential solar domestic water heating or a solar pool heating contractor by the Florida Construction Industry Licensing Board must be certified by the City of Sebastian Construction Board. All applicants for a certificate of competency as a solar water heating Dr a solar pool heating contractor must successfully complete an examination prescribed by the Board in order to show his degree of experience in the -3- . . . field for which he is seeking certification. To qualify to take the examination, an applicant shall submit an application, letter from a licensed insurance agent, character reference letters, and affidavit of experience as required by Sec. 7~93 of this Chapter. No examination shall be required of those persons described in Section 7-93(i) hereof. SECTIO~: ,n I . That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a sub-section to section 7-93 to be numbered 7-93(il, which said section shall read as follows: Sec. 7-93. Certification, . . , . . (i) Those persons or firms actively engaged in the installation of solar water heating or solar pool heating systems on the date of the adoption of ordinance establish- ing standards for solar water heating contractor may be certified by law, provided that; (1) App I ica t ion for "grandfa thering" 1 s pres ented within one hundred twenty (120) days from the adoption of this Ordinance; and (2) The applicant demonstrates to the satisfaction of the CONSTRUCTIoN Board a minimum of two (2) years experience in the installation of solar water heating systems, The Board may accept one (I) year of documented technical education as the equivalent of one (I) year of documented installation experience; and (3) The applicant provides such insurance, occupational licenses, credit report, financial statements as required for issuance of a certificate of competency as a contractor pursuant to the terms of this section. -4- -'".. '!!!,,",,'--,~ .' e . (4) Nothing in this Ordinance shall restrict or limit in any manner the legal authority of Mechanical Contractors, H.A.R.V. Contractors, or Plumbing Contractors certified by the Construction Board to install solar water heating systems or solar swimming pool water heating systems. All such contractors are legally authorized to slze, install, alter, repair, maintain, relocate, replace, or use potable solar water heating systems and solar pool heating systems, including solar heating panels and appurtenances, apparatus or equipment used in connection therewith. Any such contractor shall have any work for which a local certificate of competency is required performed by someone holding a current and valid certificate of competency to perform that work, unless such contractor is himself certified in the applicable trade category. SECTION IV. If any section,subiection, sentence, clause, phrase or word of this ordinance is for any reason held unconstitutional or invalid, for any reason, such ruling shall not affect the validity or constitutionality of any of the remaining portions of this ordinance. SECTION V. This Ordinance shall take effect immediately upon becoming law. * * * I HEREBY CERTIFY that the foregoing Ordinance was finally passed by the City Council of the City of Sebastian, Florida, on the li-ftt day of ~/ ,1984-. Ma~~ -s~ .. . . ATTEST: ~c _JdL . ~ ~CitY CIe h IG I HEREBY CERTIFY that Notice of Public Hearing of the foregoing Ordinance was given in accordance with Section 166.041 of the Florida Statutes, that said public hearing was held in the City Hall of the City of Sebastian, Florida, at '7 jJ./lI. , on the 1 fhU day of J;r4'2{/JA ~ 198~, and that the foregoing Ordinance was duly passed and adopted by the City Council of the City of Sebastian, Florida, on the -4 day of ,l}r4.-tt7A.J , 198L. ~~ R~1z ~Cit Clerk -6-