O67-26ORDINANCE NO. 67, -~!~
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, ADDING SECTION 818.4 AIR CONDITION-
ING, HEATING AND REFRIGERATION, TO THE
SOUTHERN STANDARD BUILDING CODE: DEFINING
TERMS USED THEREIN: REQUIRING EXAMINATION
AND SETTING FEES FOR SUCH EXAMINATION:
MAKING IT UNLAWFUL FOR PERSONS NOT QUALIFIED
OR CERTIFIED TO ENGAGE IN WORK: REQUIRING
PERMITS AND MAKING IT UNLAWFUL TO PROCEED
WITHOUT SAME: MAKING PROVISIONS FOR ISSUANCE
OF SUCH PERMITS AND SETTING FEES THEREFORE:
REQUIRING FILING OF CERTAIN INFORMATION BY
THOSE ENGAGED IN AIR CONDITIONING, HEATING
AND REFRIGERATION: PROVIDING FOR SEVERABILITY
OF THE PROVISIONS OF THE ORDINANCE: REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH: AND
FOR OTHER PURPOSES.
~E IT AND IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY
)F BOYNTON BEACH, FLORIDA:
818.4 SHORT TITLE
The short form bY which this chapter shall be known shall
)e the AIR CONDITIONING CODE.
SECTION 1: PURPOSE
It shall be the purpose Of this chapter to provide for the
~easonable safeguard to life, health and property and standards of
lafety which will insure present and future installations of air-
~onditioning, heating and refrigeration mystems in the City of
~oynton Beach, Florida.
SECTION 2: DEFINI~TIONS
Air Conditioninq System is defined as a system by which the
~emperature, humidity, distribution and purity of air are affected
!or the comfort'of people or the processing of materials.
Air Conditioninq EqDipment is defined as any part of an air
~onditioning system.
Refiqeration System is defined as a system by-'~which the
~emperature of a material or product is reduced below that of the
~urrounding substance by means of mechanical and/or chemical
~rocesses to obtain such reduction in temperature.
Refrigeration Equipment is defined as any part of a refrigera
.ion system.
Commercial Refriqeration is defined as any size or type unit
the extraction of heat, including the preparation of food and
ililother similar commodities as an aid to or a part of a chemical
i!process.
iii Domestic Refriqeration is defined as a self-contained, facto~y-
iassembled, single unit refrigeration of twenty cubic feet or less
!!mechanical refrigerated space, generally known as a domestic appli-
?ance and shall be exempt from all the provisions of ~his chapter.
Commercial, Industrial and Residential Air Conditioninq and
Refriqeration Equipment is defined to mean all air conditioning and
~refrigeration equiPment of any size or type os installation for anY~
itemperature not included in domestic or portable unit classificatloRs.
Portable or Window Air Conditioninq Unit is defined as a comq
~lete factory assembled, single-unit appliance, which can be in-
stalled as a part of the building structure or appurtenance and which
does not require duct work. The electrical requirements of such
~anits shall be served from a receptical supplied by a separate cir-
cuit for each unit.
Air Conditioninq Contractor is defined as a person who has
the necessary qualifications, technical knowledge and training to
install or supervise the installation of commercial, industrial or
~esidential air conditioning, heating and refrigeration systems.
Such person shall have full responsibility for their own emplOyees
and any sub-contractors working under them on such installations.
Readily Accessible means to be capable of being reached for
Dperation, renewal, or inspections.
Servicinq is defined to mean and include the cleaning, lub-
ricating, recharging, pumping down and adjusting necessary to
maintain, in efficient operating condition, a system otherwise in
~ood condition.
SECTION 3: LICENSE REQUIRED TO ENGAGE IN BUSINESS: CERTIFY
CATE OF COMPETENCY PREREQUISITE: RECORDING.
(a) License - required.
No person shall construct~, install, alter, or repair, or
~ervice any air conditioning, heating and refrigeration system, or
~quipment in or on any premises, building or structure within the
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City, or engage in or carry on the business in the City or cD n-
structing installing, altering or repairing such air conditioning,
heating and refrigeration systems, with the exception of portable,
self-contained or window air conditioning units, without first
having secured an occupational license from the City authorizing
him to engage in such business as an air conditioning, heating and
refrigeration contractor.
(b) Certificate of CompetencV.
No such license shall be issued to any person unless such
person, or, if a firm or corporation, then a partner or corporate
officer of the firm or corporation, is in possession of a certifi-
cate of competency, which is in full force and effect, as air con-
ditioning contractor, issued to him by theBuilding Department.
(c) Firms and Corporations.
In case of a firm or corporation, any partner or corporate
officer of the firm or corporation, passing the examination and
procuring an air conditioning contractor's license, shall be
considered as that firm's or corporation's Certificate of Competenc'
for the period of his service with said firm or corporation. In
case such license holder shall sever his connections with the firm,
he shall notify the Building Department and another partner or
corporate officer of the firm or corporation must pass a new exam-
[nation and obtain a new air condit ioning contractor's license,
under which the firm shall operate for the period of his service
with the firm or corporation.
(d) Licence Recorded.
Said license must be recorded in the office of the Building
Official and show the address of the place of business, and in
case of removal thereof, the licensee shall notify said Official
of the new address.
~e) License Fee.
The license fee for contractors under this Code, shall be
Fifty dollars ($50.00)~
(f) Exemption.
Nothing in this ordinance shall be construed so as to
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the owner of any building from installing any heating or
~ir Conditioning equipment himself, for use on his premises only,
first obtaining a certificate of competency or occupational
.icense, . Owners of property desiring to make their own installa-
6f heating or air conditioning equipment on their own propert
specifically permitted to so do, provided, however, they have
obtained a building permit for such work, paid the proscribed
therefor, and demonstrate to the Building Official that the
supply for such equipment meets the requirements of the
Code of the City.
SECTION 4: CERTIFICATE AND LICENSE NOT TRANSFERABLE:
PENALTY FOR ATTEMPTED TRANSFER.
Any Air Conditioning contractor, who shall lend his license
certificate of competency or permit, or allow the sams to be
by any-person other than the one to whom said license or
~rtificate of competency or permit was lawfully issued, shall
his certificate of competency or license suspended for a
of thirty (30) days for the ~first offense. Any unlicensed
who shall work, or attempt to work, at the trade of air
g, heating and refrigeration construction under a licens
certificate of competency or permit, fraudulently obtained or
shall not be permitted to apply for any license or certifi-
of competency, or permit to work at air conditioning, heating
nd refrigeration construction in the City for a period of one
after such deception was discovered.
Any air conditioning, heating and refrigeration permit that
shall have been issued to any air conditioning contractor, and
has been loaned, shall be immediately cancelled and all work
thereunder shall be stopped. Continuance to work on this job
shall not be allowed until another permit shall be secured by an
air conditioning Contractor, properly licensed in the City.
SECTION 5: PERMITS: TO WHOM ISSUED: SUBSTITUTION OF
LICENSEE.
Permits for the installation of air conditioning, heating
and refrigeration system and equipment will be issued only to
licensed air conditioning contractors and owners meeting the re-
quirements of Section 3 (~) above. Permits forthe installation of
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air conditioning units shall be issued to Installers,
Licensed Appliance dealers and to owners installing in their own
, without said appliance dealer or owner having to secure a
Certificate of Competency to make the installation.
1. Should the home owner or-contractor become dissatisfied
ith the licensee and dismiss said licensee, the home owner or
contractor must submit a notarized letter to the Building Official
stating the following:
(a) Licensee (name) has been dismissed.
(b) It is thedesire to employ another licensee in good
standing within the[~City of Boynton Beach.
(c) The City will be held harmless from any claim in the
matter.
2. The new licensee shall submit a letter to the Building
al stating the following:
(a) Said licensee requests a new permit.
(b) Said licensee has examined the job and will accept
responsibility for the entire job.
(c) Said licensee will complete said job in a workmanlike
manner.
SECTION 6: PERMIT FEES FOR INSPECTION.
Central Air Conditioners or Remote Refrigeration $ 5.00
minimum
Plus 50¢ per each compressor horsepower
or each ton rating or fraction thereof.
Furnaces (only heating) 5.00
All minumum fees 3.00
Re-inspection fee 7.00
Heat strip - for first 1,000 watts 1.00
Plus 50¢ per each additional 1,000 watts
or fraction thereof.
Installation of duct work - for each drop .50
There shall be a minimum fee of ~5.00
for each permit for the installation
of duct work.
Building, Electrical and Plumbing fees.- As per code of each
The payment of re-inspection fee shall be made before any
further permits will be issued.
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SECTION 7: PEPS[ITS: INSPECTIONS:
(a) A permit from the Building Department is required befor~
installing or causing to be installed, commercial, industrial, or
residential air conditioning, heating or refrigeration equipment~
equipment and systems, or~imaking alterations thereto, and window
air conditioning units.
(b) Air Conditioning Contractors shall be permitted to dis-
connect and repair motors only, in order to maintain continuous
operation of their equipment providing all reconnections are made
mn an approved manner, according to the City Electrical Code.
(c) Inspections shall be requested and made at the follow-
lng stages:
(Note:
necessary.)
1.
2.
BUilding, Electrical and Plumbing inspections if
Before concealing any portion of the system.
Final inspection.
SECTION 8: STANDARD: ADOPTION BY REFERENCE.
The following standards are hereby adopted, as part of this
2ode and supplement, but do not supersede the specific requirements
set forth herein:
(a) The American Standard Association's Safety Code for
~echanical Refrigeration, A.S.A. B9 1-1953 and subsequent additions
or corrections adopted to date hereof.
(b) The American Standards Association Code for Pressure
Piping, A.S.A~ B31 1-1955 and subsequent additions or corrections
~dopted to date hereof.
(c) The guide published by the American Society of Heating
~nd Air Conditioning Engineers shall be accepted as a standard of
~ood practice, as now published or amended.
(d) N.E.C. (National Electric Code) current issue in effect
Dn the date hereof.
SECTION 9: GENERAL REQUIREMENTS: INSTALLATIONS 25 TON OR OVER
For the purpose of issuing of permits and the charging of
Gees, with application for all installations, alterations, improve-
~ents, replacements or ad,ti ons pertaining to any system of air
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~onditioning, commercial or industrial refrigeratimn, wherein the
~nstallation in a single building contains 25 tons or over, plans
.nd specifications must be submitted properly signed and bearing on
~ach sheet, the seal of a Florida licensed engineer of mechanical
~ngineering. The engineer shall tender a certificate certifying
.hat the plans and specifications conform with this code, and also
'urther stating that he is qualified to sign these plans and
pecificationS. (All applications for central air conditioning
~ermits of less than 25 tons shall be accompanied with plans for
~he installation, and the seal and signature of a registered
~ngineer shall be at the discretion of the Building Official.)
[othing in this code shall be construed to show or permit the
re-use of plans and specifications from one location to another.
'lans shall contain location, capacity in tonnage, horsepower,
.mp&res, mounting deviseS, duct types, duct mounting and any infor-
pertinent to the installation.
SECTION 10: WASTE WATER.
Special consideration shall be given to the disposal Of
and overflow water, and means of disposal thereof. No water
beipermitted to run into the sewer or septic tank, unless
is a tap or tap sealer provided.
SECTION t1: ~INTENANCE OF SYSTEMS.
Ail air conditioning, heating and refrigeration systems
lhall be maintained by the user in a clean condition, free from
Lccumulations of oily dirt, waste, and other debris, and shall be
readily accessible at all times.
SECTION 12: SIGNS OR LABELS REQUIRED.
ia) Each air conditioning, heating or refrigeration uystem
:hall be provided with legible and securely attached permanent
Label or sign, indicating ~ereon the name and address of the manu-
facturer, the kind and total number of pounds of refrigerant re-
in the system for nqrmal operations, and the refrigerant leak
ield test pressure applied.
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(b) It shall be the duty of the person in charge of the
~remises on which a refrigeration system containing more than fifty
~ounds of refrigerant is installed to maintain a conspicuously
~Osted card as near as practicable to the refrigerant compressor
giving directions for the operation of the system, including pre-
cautions to be observed in case of a breakdown or leak as follows:
Instructions for shutting down the system in case
of an emergency.
2.
The name, address and day and night telephone num-
bers of obtaining service.
3. The name and address of the installer shall be on
all air conditioning, heating and refrigeration equipment.
SECTION 13: LOCATION AND ACCESS.
(a) Ail air conditioning, heating and refrigeration equip-
ment shall be located so as to be readily accessible for inspection
or repair. To be accessible, such equipment shall have reasonable
and adequate work room on all sides and above and all parts
capable of being readily reached, or the unit shall be easily
removable.
(b) 1. Packaged air conditioning equipment shall not be
installed in an attic unless there is a clearance as follows:
a) If unit is serviced from above or below, there
shall be a clear space equal to the unit height in the
direction to be serviced.
b) If unit is serviced from the side, there
shall be a clear space of at least one-half the unit
width on the side to be serviced.
c) No unit shall be installed without clearance
necessary to remove the largest component part of each
unit for servicing. A catwalk around the conditioner
and an electric light must be provided, and permanent
access must also be provided.
2. An exception is permitted for air handlers pro-
vided proper access panels are installed for adequate inspection
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~nd repairs. An electric light must be installed and~if necessary,
cat walk shall be provided.
(c) Air conditioning, heating and refrigeration equipment
not be installed in a crawl space underneath the floor unless
unit bottom is one foot above grade.
(d) Commercial refrigeration equipment shall not be in-
on the ~oof of a building, unless the supporting structure
s certified to be adequate by a registered engineer.
(e) Air conditioning equipment shall be mounted and install~
so as not to create undue tension, stress, strain, stain, vibration
g in objectionable noise levels or excessive Vibration.
(f) When air handlers shall be installed in attic spaces,
suspended from the top chords of trusses or roof framing by rods,
chains with approved vibration insulator systems~ all duct work
shall be connected to the unit by means of a flexible coupling or~
recommended by the manufacturer.
(g) Duct work shall be either externally or internally in-
sulated with all joints of insulation properly sealed, except when
in the air conditioned space.
(h) An attic, basement, or concealed space in a building
shall not be used as an integral part of a duct system or pleninum
chamber, unless it conforms to all the requirements for ducts.
(i) All commercial air conditioning units installed on
roofs shall be provided with adequate vibration elimination so
as not to create objectionable noise or structural hazard.
(j) Commercial air conditioning equipment when installed
on the roof shall have a permanent means of access, such as a
ladder or stairway.
SECTION 14: AIR SUPPLY.
(a) A corridor, stair enclosure, passageway or other part
of egress in a building, with the exception of one and two family
dwellings, shall not be used for the supply or return of air.
(b) Outside air supply. All spaces where air conditioning
or mechanical refrigeration equipment is installed and which are
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~ormally occupied by persons shall be provided with adequate out-
~ide air. This applies to commercial and other places of public
~ssembly.
SECTION 15: COMPLIANCE WITH ELECTRICAL CODE.
Ail equipment, regardless of size or horsepower shall comply
~ith the Electrical Code of this City.
Air conditioning, heating and refrigeration equipment shall
hot be located within two feet of an electric meter, a main switch
Dr any other major electrical equipment.
All fixed air conditioning, heating and refrigeration
equipment shall be wired in a permanent manner in compliance with
the City's Electrical Code.
SECTION 16: ENFORCEMENT: DUTIES OF ENFORCING OFFICER.
(aD The provisions of this Code shall be enforced by the
3uilding Department of[~the City. It shall be the duty of this
Department to inspect all installations of air conditioning, heatin¢
~nd refrigeration equipment; and further to enforce all laws, rules
~nd regulations relating to air conditioning, heating and refrig-
aration installations and to exercise general, supervision over all
Lir conditioning, heating and refrigeration construction.
(b) In case the Building Official feels that he should have
~eed for further expert advice on any air conditioning, heating and
refrigeration problem, he may require the air conditioning contract¢
to furnish a registered engineer's certificate stating such system
will meet this Code.
SECTION 17: PENALTY FOR VIOLATIONS.
Any person or persons who shall violate, assist in violation
Dr cause to have violations made of any~6f any of the provisions
Df this Code shall upon conviction, be punished by a fine not to
exceed $250.00, or by imprisonment, not to exceed thirty days, or
oy both such fine and imprisonment, in the discretion of the Mun-
icipal Court. Any installer.who shall violate, or assist in
~iolating, any of the provisions of this Code, may, upon conviction
thereof, have his Certificate of Competency suspended for not less
than thirty days for the first offense, and for repeated offenses,
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may have his Certificate suspended for a longer period than thirty
days, or have the same cancelled or revoked by the City Council,
upon recommendation of the Building Board.
SECTIC%~ 18: MECHANICAL CONTRACTORS EXAMINERS BOARD.
Membership: Board shall be the Building Board of the City
of Bo_~nton Beach, Florida.
SECTION 19: DUTY OF THE BOARD.
It shall be the duty of said Board to examine, test, and
pass upon the qualifications of all persons who desire to engage in
the business of air conditioning, heating and refrigeration within
the City limits.
SECTION 20: APPLICATION AND EXAMINATION FOR AIR CONDITIONIN(
CONTRACTOR.
(a) Every person, firm or corporation engaged in, or desir-
ing to engage in, or work at the trade or business of installing,
altering, repairing or servicing air conditioning, heating and
refrigeration, as an air conditioning contractor, shall make appli-
cation to the Board and pass an examination as to such work. In
case of firm or corporation, any officer member passing the exam-
ination as an air conditioning contractor, shall be considered as
representing that firm or corporation, for the period of his
service with said firm or corporation.
(b) Firms~ holding an occupational license to do business in
the City of Boynton Beach, on the date of adoption of this ordin-
ance, shall designate their air conditioning contractor in their
employment and shall apply to and receive from the Board the
necessary certificates of competency, providing the other require-
ments of the Air Conditioning Code are met by the effective date of
this ordinance. ~he fee for the certificate of competency shall be
the renewal fee.
SECTION 21: CREDIT REPORT.
Before the Board shall give an applicant an examination, the
Board shall secure a bona fide, full and complete credit report
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from the applicant, from some recognized credit bureau, as .to his
credit and financial standing. If the Board is not satisfied with
the credit standing of any applicant for examination, it shall so
notify the applicant, and give the applicant opportunity to furnish
before the Board, evidence of good credit standing. The Board
shall not give e×aminations to persons of bad credit standing, or
of doubtful financial means.
SECTION 22: FEE FOR EXA~INATiON.
The fee for examination, including 1st certificate of
competency, if issued, shall be $50.00, for air conditioning
contractors. ThY fee shall cover the taking of a second exam-
ination, if the first examination results in failure by the
applicant.
All Certificate of Competency certificates must be renewed
each year by October 31st, at a renewal fee of $5.00.
SECTION 23: REVOCATION OF CERTIFICATE: GROUNDS: PROCEDURE:
REISSUANCE.
(a) The City Council shall have the power to revoke the
certificate of competency of any person who shall be guilty of any
of the following ~¢ts or omissions:
1. Fraud or deceit in obtaining the certificate.
2. Negligence, incompetency or misconduct in the
practice or contracting.
3. Abandoning of any contract without legal excuse.
4. Diversion of funds or property received under
express agreement for prosecution or completion of a
specified contract under this Code, or for a specified
purpose in the prosecution of completion of any contract,
and their a~p~a~on or use for any other contract,
obligation or purpose, with intent to defraud or deceive
creditors or the owner.
5. Fraud'ulent departure from or disregard of, bona fid~
plans, or specifications in any material respect, without
consent of the owner, or his duly a~thorized representative,
in the doing of any willful, fraudulent act by the licensee
as a contractor, in consequence of which another is sub-
stantially injured.
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6. Willful and deliberate disregard and violation of
the building and air condi%ioning, heating and refrigeration
codes of this City and/or the State HOtel Commission and
local Fire Prevention Department.
7. The Adjudication in bankruptcy, whether it be
voluntary, against any person, firm or corporation holding
license under the terms of this Code, shall automatically
revoke such certificate.
(b) Any person or persons interested, inc~ding the Building
)fficial of the City, any member of the Board, the architect or en~
ineer, who is responsible for the plans under which the contractor
working, may prefer charges against a certificate holder under
s Code. Such charges must be in writing and sworn to by the
and submitted to the Building Board for recommendation
the City Council.
(c) A copy of such charges, unless dismissed by the Council
unfounded or trivial, shall be served on the accused at least
days. before the date fixed for the hearing. At the hearing,
accused shall have the right to appear personally, or with
attorney, and cross examine any witnesses against him,her or th,
to produce witnesses and evidence in h~ defense.
(d) If, after the hearing, the Council's decision ~e, that
certificate holder has been guilty of the charges preferred
~gain'st hims the Council shall suspend or cancel the said Certifi-
of Competency.
(e) The Council may recommend reissuance of a certificate
any person, firm or corporation, whose certificate has been
provided a majority of the Building Board recommends same.
(f) Prompt written notice shall be given the Building
al, immediately~ in each case of a revocation or the re-
of Certificate of Competency.
SECTION 24: REPEALING PROVISIONS~
Ail ordinances or parts of ordinances in conflict herewith
re hereby repealed.
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SECTION 25: SEPARABILITY.
Each of the provisions of this ordinance are separable,
g word, clause, phrase or sentence, and if any provision~
is declared null and void, the remaining portion shall not
be affected, but shall remain in full force and effect.
FIRST reading this ~g~day of ~~_,~ , 1967 A.D.
SECOND, final reading and passage this /~ day of ~
1967 A.D.
(CORPORATE SEAL)
CITY OF BOYNTON BEACH, FLORIDA
// / V~i/ce ~a~o~--
~ Counc i lman
Counci
City
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