HomeMy WebLinkAboutO-84-04
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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.
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(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.
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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
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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,
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(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.
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(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.
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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-.
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ATTEST:
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~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
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