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ORDINANCE NO. 829
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f AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ADOPTING THE SOUTHERN STANDARD BUILDING CODE,
PART TWO RELATING TO CONSTRUCTION STANDARDS FOR
ALL INSTALLATIONS USING GAS AS FUEL EXCLUDING
UNDILUTED LIQUIFIED PETROLEUM GAS CbMMONLY KNOWN
AS L.P. GAS; REPEALING CERTAIN SECTIONS OF ARTICLE
II CHAPTER 32 OF THE CODE OF THE CITY OF CLEAR-
WAFER; PROVIDING FOR INSPECTIONS A GAS FITTERS'
EXAMINING BOARD, LICENSING PROCELURE, APPLICATION
FOR EXAMINATION AS MASTER GAS FITTER OR JOURNEYMAN
GAS FITTER PROVIDING CHARACTER OF EXAMINATION;
PROVIDING k-EXAMINATION IN CERTAIN-CASES IN THE
EVENT OF FAILURE TO PASS EXAMINATION; PROVIDING
FEES FOR EXAMINATION; PROVIDING REIECAION OF LICEN-
SES UNDER CERTAIN CONDITIONS; PROVIDING PUBLIC HEAR-
ING PROCEDURE; PROVIDING REINSTATEMENT; PROVIDING
THAT IT BE UNLAWFUL TO CARRY ON WORK DURING PERIOD
OF REVOCATION OF LICENSE; PROVIDING FOR ENFORCEMENT
OF THIS ORDINANCE, TOGETHER WITH PENALTIES FOR ITS
VIOLATION; PROVIDING SEPARABILITY; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE-
WITH; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS
ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER,FLORIDA
Section 1. The 1957-1958 edition of the Southern Standard
Building Code, Part Two, relating to requirements governing
the safe installation of consumers gas piping and gas appli-
ances for fuel gas, including natural gas, manufactured-gas
and liquified petroleum gas air or mixture thereof, excluding,
however, undiluted liquified petroleum gas, otherwise known as
L.P. gas, is hereby adopted as the gas code of the City of
Clearwater.
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Section 2. In the event said Southern Standard Build-
ing Code, Part Two, relating to gas as aforesaid, is amended
or extended, the City Commission reserves to itself, however,
jurisdiction to adopt or reject such amendment or extensions
thereof.
Section 3. All sections of Article II of Chapter 32
of the Code of the City of Clearwater, to the extent that they
expressly conflict with the provisions of said Southern Standard
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Building Code be and the same are hereby repealed. However,
all sections of Article II of the Code of the City of Clear-
water not expressly and directly in conflict with tle said
Southern Standard Building Code or with this-Ordinance are
hereby expressly not repealed and the same shall remain in
full force and effect.
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Section 4. FUTURE DEVELOPMENTS
In order to keep abreast of future developments in ap-
pliance d)sicgn and piping and venting practices, it is here-
by authorized that the City Gas Inspector may require com-
pliance with the American Gas Association Laboratory standards
then in effect for any specific type of appliance or equipment
when he believes the provisions of this Ordinance are not ade-
quate to the situation. Interpretation of the A.G.A. standards
as made by the City Gas Inspector shall be made with due regard
for the intent and purposes of all other sections of this Ordi-
nance from the standpoint of maintaining adequate regulations
to safeguard the public safety and welfare. ,
The recommendations of the American Standards Association
(ASA), the Southern Standard Building Code (SSBC) and American
Gas Association (AGA) on gas piping and appliance installations
being to all intents and purposes identical in scope and purpose,
the foregoing authorization shall likewise apply to any such
recommendations wherein they are applicable to local conditions,
in cases where the Gas Inspector believes the terms of this Or-
dinance are not adequate to the particular situation involved.
Section S. GAS INSPECTOR, EXAMINING BOARD, LICENSING PROCEDURE.
5.01. Gas Inspector. Promptly after the adoption of
this Ordinance, the City Manager shall appoint a qualified person as
City Gas Inspector and such assistant gas inspectors,from time to time,
as may be necessary. The Gas Inspector or assistant gas inspectors may
already be employes of the City with other titles and duties at thetime
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of appointment,.and may continue to carry on such other duties
other than gas inspection.work at theoption of his or their super-
visor„ If not an employe of the City at the time, an appointee
may be assigned additional duties other than gas inspection at
the option of his supervisor, however, the appointment, com-
pensation and duties of the Gas Inspector and his assistants
shall conform and be in accordance with Civil Service Rules
and Regulations. The Gas Inspector and his assistants are here-
by authorized to enforce the provisions of this Ordinance includ=
ing the issuance of permits, and carry on the necessary inspect-
ion work to insure compliance with rules and regulations set
forth in this Ordinance.
5.02. Gas Fitters Fxaminin Board; There is hereby created
in the City of Clearwater a Gas Fitters Examining Board consist-
ing of five members. The chairman of the Board and ex-officio
member thereof shall be the duly appointed and acting Superintend-
ent of the Clearwater Municipal Gas Utility; the secretary and
treasurer of the Board and ex-'officio member thereof shall be
the duly appointed and acting City Gas Inspector; the third
and ex-officio member of the Board shall be the duly appointed
and acting City Plumbing Inspector or in the event the City
Plumbing Inspector has also been appointed as City Gas Inspector
then one other member of the Clearwater Board of Plumbing Ex-
aminers shall serve as ex-officio member; the fourth member of .
the Board shall be-a•licensed Master Gas.Fitter who also holds
a current city license as a Master Plumber; the fifth member
shall be a licensed Master Gas Fitter not holding a Master
Plumber's License who is engaged primarily in the installation
of LP (bottled) gas piping and applicances.
The fourth and fifth members of the Board shall be ap-
pointed by the City Manager as soon as practicable after the
adoption of this Ordinance and thereafter annually on July
1st. The first three-members of the Board shall automatically
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become members on the adoption of this Ordinance except that
if the Plumbing Inspector is appointed Gas Inspector then the
third members shall be appointed by the City Manager in the
same manner as the fourth and fifth members.
The members of the Board shall serve without compensa-
tion for their service on said Board except that the City Mana-
get may establish a fee of not exceeding Ten Dollars ($10.00)
per meeting for the compensation of the members of the Board
appointed by him.
5.03 Licensing_ Procedure
5.031 Saving Clause: Any Master Plumber or
Journeyman Plumber who is now engaged as such in the City of
Clearwater and is legally qualified and licensed to do so shall,
on application for and payment of the required fees, be issued
a Master Gas Fitter's or Journeyman's Gas Fitter's License with-
out examination. Nothing in the foregoing, however, shall act
to prevent the revocation of such Gas Fitters' licenses for the
reasons set forth hereinafter.
5.032. Application: Any person desiring to engage
in or work at the business of gas fitting either as a Master Gas
Fitter or Journeyman Gas Fitter shall make application to and be
examined (when required) by,the Gas Fitters Examining Board as
hereinafter provided for at such times and places as said Board
may direct.
5.033 Character of Examination: The examination
for Gas Fitters shall be either written or oral or both at the
direction of the Board and shall clearly test the applicant's
knowledge of the nature and use of various types of fuel gas;
methods of piping, venting and installation of applicances;
familiarity with the City Gas Ordinance and other pertinent mat-
ters. Past experience in gas fitting and/or plumbing work shall
be given due consideration and credit in determining the quali-
fications of the applicant. The weight to be given the various
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elements of the examination including past experience shall be
promptly established by the Board and in general be adhered to
thereafter. Examinations for Journeyman shall be less strict
and less comprehensive than those for Master Gas Fitter. A
system of credit points shall be set up by the Board for cor-
rect answers to examination questions aswell as for experience
with a certain minimum number of points to be acquired by the
applicant to satisfactorily pass the examination.
5.034. Failure in,-Passing.- Any person failing to
pass an examination for either Master of Journeyman Gas Fitter
shall be entitled to one re-ex;.mination without payment of an
additional fee, at the next examination date. Should the appli-
dant fail to pass the re-examination, he shall forfeit the origin-
al fee and not be eligible far another examination for a period of
at least six (6) months thereafter and only after a new application
has been filed and the necessary fee paid.
5.035 Fees. At the time of making application for a
Master or Journeyman Gas Fitter license, whether an examination is
required or not, the applicant shall pay a fee of Five Dollars
($5.00) for a Master Gas Fitter's license and Two Dollars ($2.00)
for a Journeyman Gas Fitters license. If the applicant fails to
qualify the fee shall not be returned. If the applicant quali-
fies a license certificate shall be issued authorizing him to en-
gage in or work at the business of gas fitting in the City of Clear-
water or on premises outside of said City served by Gas Company gas,
either as a Master Gas Fitter or Journeyman Gas Fitter. Said li-
cense shall bear an expiration date of December 31 next after issu-
ance and shall be renewed annually thereafter on payment of a fee
of One Dollar ($1.00), without examination, before continuing to
engage in the work of gas fitting. If a licensee discontinues gas
fitting work and allows his certificate to lapse for one year or
more, he may have same renewed without examination on payment of
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all fees that would have been due if the certificate had not
lapsed except that any such certificate that has lapsed for
three years or more the same shall not be renewed except after
specific approval of the Examining Board. All monies received
from fees under this sub-section, 5-035, shall be paid into
the City Treasury. Fees paid under this sub-section shall in
no way exempt the licensee from any other occupational fees
that may be assessed by the City.
5.036 Revocation of Licenses: The Gas Fitters Examining
Board shall have thepower, in addition to those otherwise provid-
ed herein, to revoke or suspend the license of any Master or
Journeyman Gas Fitter licensed hereunder, after a public hearing
as provided hereafter, for any one or more of the following acts
or omissions, to-wit:
(a) Fraud or deceit in obtaining a license.
(b) Negligence, incompetency or misconduct in the prac-
tice of gas fitting within the meaning of this Ordinance.
(c) Conviction of a criminal charge involving fraud re-
lating to gas fitting work or contracting, by any Court of com-
p6tent jurisdiction, or the entry of a final decree by any such
Court finding and holding such licensee to be guilty of fraud
in connection therewith.
(d) The filing of a petition in bankruptcy by any per-
son or contractor holding a gas fitters license under this Ordi-
nance, and an order being entered to that effect.
5.037 Amending Public Hearing Procedure: Prior to the revo-
cation or suspension of any Gas Fitter's license, the licensee
shall be given at least five days notice in writing setting forth
the charges to be preferred and that a public hearing shall be
held by the Examining Board at the time and place to be set forth
in said notice, to hear the evidence. The accused shall be advised
in said notice that he may appear personally or by counsel and
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cross examine witnesses against him and to procure witnesses
and evidence in his behalf. Promptly after such hearing, but
not later.than thirty days thereafter, the Board of Examiners
shall make a recommendation to the City Manager to revoke said
license or to wspend such licensee fdr.a specific length of time
if the accused is found guilty of the charges preferred. 'If the
Majority of the Board find the accused not guilty, he shall be
so advised and the proceedings against him dropped.
5.038 Reinstatement: A person whose gas fitter license
has been revoked or suspended may apply for reinstatement of
said license to the Board of Examiners not sooner than thirty
days after the effective date of said revocation or suspension.
Only after the favorable vote of all members of the Board of Ex-
aminers will a recommendation for reinstatement be forwarded to
the City Manager.
5.039. Unlawful to Carry on Work During Revocation: It
shall be unlawful for,any, person rwhose gas fitters license has
been revoked of suspended to carry on or engage in gas fitting
inthe City during the time such license remains revoked or suspended.
Section 6. ENFORCEMENT.
The City Manager is hereby authorized and directed to en-
force all the provisions of this Ordinance through the City Gas
Inspector and his assistants. The City Gas Inspector and his
assistants shall have the powers of a City Police Officer in the
performance of their duties, this to be in addition to the powers
of the Municipal Court and Police Department.
Section 7. PENALTIES
Any person,•firm or corporation or the agent, servant or.
employe of such who shall violate any of the provisions of this
Ordinance or refuse to comply with any order of the City Gas
Inspector given in pursuance of or by the authority of this
Ordinance and the ruses embraced therein, shall upon conviction
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thereof in the Municipal Court of the City of Cloarwater,
Florida, be punished by a fine, not exceeding Two Hundred
Dollars ($200.00)'or by imprisonment, not exceeding Ninety
(90) days, or by both such fine and imprisonment at the dia-
cfetion of the Municipal Judge.
Section 8. VALIDITY AND REPEAL
If for any reason any section, paragraph or part of
this Ordinance shall be declared invalid'or unconstitutional,
the same shall not affect any other section, paragraph or
part of this Ordinance.
Section 9. EFFECTIVE DATE
This Ordinance shall becoma effective immediately upon
its passage.
PASSED ON FIRST READING
PASSED ON SECOND READING
PASSED ON THIRD AND FINAL
READING AND ADOPTED
Attest:
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July 20, 1959
July 20, 1959
July 20, 1959
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