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G62-97 Ordinance No. G62-97 AN ORDINANCE REPEALING EXISTING CHAPTER 3 . 56 OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, ENTITLED "BOARD OF EXAMINERS OF STATIONARY ENGINEERS--STATIONARY ENGINEER LICENSING" AND CREATING CITY BOARD OF EXAMINERS OF STATIONARY ENGINEERS--STATIONARY ENGINEER LICENSING WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII of the Illinois Constitution; and WHEREAS, the City of Elgin, as a home rule unit, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to create a board of examiners of stationary engineers--stationary engineer licensing which is separate, distinct and supersedes the board of examiners of stationary engineers--stationary engineer licensing authorized by the enabling statute provided at 65 ILCS 5/11-34-1 ; and WHEREAS, the establishment of such board of examiners of stationary engineers--stationary engineer licensing pertains to 1" the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 3 . 56 of the Elgin Municipal Code, 1976 , as amended, entitled "Board of Examiners of Stationary Engineers--Stationary Engineer Licensing" is hereby repealed. Section 2 . That in lieu of the chapter repealed by Section 1 hereof there is hereby substituted a new Chapter 3 . 56 entitled "Board of Examiners of Stationary Engineers---Stationary Engineer Licensing" as part of the Elgin Municipal Code, 1976 , as amended, to read as follows : "Chapter 3 . 56 BOARD OF EXAMINERS OF STATIONARY ENGINEERS--STATIONARY ENGINEER LICENSING 3 . 56 . 010 DEFINITIONS . A. "Boiler pressure" means the pressure in a boiler as determined by a gauge and shall not be interpreted as absolute pressure. B. "Fireman" means any person whose duty it is to keep water in a steam boiler and fire or regulate the firing of such boiler whether under the supervision of a licensed stationary engineer or not, and who is qualified to operate boilers , boiler feed pumps, injectors , and turbine-driven pumps . C. "High pressure boiler" means any steam boiler carrying more than fifteen pounds per square inch of pressure . D. "Low pressure boiler" means any steam boiler carrying fifteen pounds or less per square inch of pressure. E . "Stationary engineer" means a person who has had not less than one year of practical experience in the operation of steam engines , boilers, pumps , and turbines . The word "engineer" shall not include persons operating steam boilers carrying less than fifteen pounds of pressure per square inch . F . "Steam boiler" means a pressure vessel under steam pressure, carrying a steam pressure of more than fifteen pounds per square inch gauge regardless of intended use. G. "Steam engine" means any engine or turbine operated by steam pressure, not including however any steam locomotive or steam-propelled vehicle operated upon the highway. 3 . 56 . 020 STATIONARY ENGINEER-LICENSE REQUIRED. It is unlawful for any person to operate a steam engine, boiler or turbine in the city unless such person has first obtained a license as a stationary engineer as provided in this chapter. 3 . 56 . 030 FIREMAN-LICENSE REQUIRED. It is unlawful for any person to tend a steam boiler unless such person has first obtained a license as a fireman as provided in this chapter, provided that no license shall be required for any person tending low pressure boilers , and provided further that a licensed stationary engineer shall be authorized to perform services as a fireman. 3 . 56 . 040 DUTY OF OWNERS-LICENSED OPERATORS REQUIRED. It is unlawful for any person owning a boiler or stationary engine or turbine to cause the same to be operated unless such boiler or stationary engine or turbine is in the charge of a person having a license to operate the same and such person is in actual attendance in his duties during the operation of such stationary engine or turbine or boiler. 3 . 56 . 050 BOARD OF EXAMINERS OF STATIONARY ENGINEERS- ESTABLISHED. There is hereby established a board of examiners of stationary engineers for the City of Elgin ( hereinafter called the "board" ) pursuant to the City of Elgin ' s home rule authority. The board of examiners of stationary engineers hereby established shall be separate and distinct and supersede the board of examiners authorized by statute . In the case of any conflict of any provision of this chapter with any provision of the statute authorizing the creation of the board of examiners of stationary engineers ( 65 Illinois Compiled Statutes 5/11-34-1 , 1996 , as amended) the provisions of this chapter shall control . The board shall consist of three members who shall be licensed stationary engineers, belong to the N.A. P.E. , and be well informed as to the construction, operation and theory of steam boilers and steam engines . Members of the board shall be appointed by the city council . They shall take the oath required of city officers . The board shall elect one of its members as chairman for a term of one year subject to reelection. The city clerk or a designated representative of that office shall serve as secretary of the board. 3 . 56 . 060 BOARD OF EXAMINERS OF STATIONARY ENGINEERS- TERMS AND MEETINGS. A. The terms of the members of the board of examiners of stationary engineers shall expire on the first Monday in May succeeding the regular biannual municipal election, provided however, all appointments shall remain in effect until successors have been appointed. B. Regular meetings of the board shall be held in the city hall on the first Tuesday of each month between the hours of seven p.m. and ten p.m. Special meetings of the board may be called by the chairman or any two members, either by actual notice or by written notice mailed not later than the day preceding the day upon which the special meeting is to be held . b' 3 . 56 . 070 BOARD OF EXAMINERS OF STATIONARY ENGINEERS- RULES AND REGULATIONS . The board shall adopt rules and regulations governing meetings of the board and for the purpose of carrying out the requirements contained in this chapter. Such regulations shall be reduced to writing and filed with the secretary of the board. Such regulations may be amended. The board may adopt and use an official seal . 3 . 56 . 080 BOARD OF EXAMINERS OF STATIONARY ENGINEERS- DUTIES . A. Applications . Applicants for examination shall pay the required original fee to the city clerk who shall furnish the applicant with proper forms for application for examination. B. Examinations . The board shall examine the qualifications of all applicants for licenses as stationary engineers or firemen. Such examinations may be either written or oral or both. The board shall require that such applicant be qualified to perform the duties required for the safe operation of steam boilers and stationary engines and shall inquire into the habits of the applicant as to sobriety and faithfulness to duty. After examination of the applicant, the board may grant a license to the applicant . C . Renewals . Renewals of licenses for stationary engineers and firemen shall be made without examination, provided that the board may require applicants for renewals to submit themselves for examination. No license shall be renewed or shall he renewable after March 31st succeeding the calendar year for which the license was last in effect . D. Temporary Permit . The board may issue temporary permits for engineers and firemen upon affidavit by the applicant showing that he is operating as an apprentice under a licensed fireman or engineer. Such temporary permits shall be for not more than one year and are not to be renewed. E . Revocation. The board may revoke any license granted by it for violation of this chapter. Hearings on such violations shall be after not less than three days ' written notice to the license holder. e 3 . 56 . 090 LICENSE-ISSUANCE . The licenses herein required shall be issued by the city clerk upon recommendation of the board and upon the payment of the fee set forth in Section 3 . 56 . 100 . All licenses shall expire on the thirty-first day of December of each year and shall be prorated as to the first or the second half of the calendar year. 3 . 56 . 100 LICENSE-FEES . All fees shall be payable to the city upon filing application whether for original appointment or for renewal . No license or permit shall be issued until such fee has been deposited with the finance director or his designee. Type License Resident Nonresident Stationary Engineer First License/Test $5 $25 Stationary Engineer License Renewal $5 $15 Fireman First License/Test $5 $25 Fireman License Renewal $5 $15 Proof of residency shall be provided as required on the application. Not more than two reexaminations shall be permitted on any application. 3 . 56 . 110 PENALTY FOR VIOLATION. Any person violating any of the provisions of this chapter shall be fined not more than two hundred dollars . Each day any offense continues shall be deemed to be a separate offense . " Section 3 . That the duly appointed and acting board members of the board of examiners of stationary engineers--stationary engineer licensing repealed by Section 1 hereof shall continue to serve as the board members for the board of examiners of stationary engineers--stationary engineer licensing created by Section 2 hereof until the expiration of their respective current terms of office, or until their successors are appointed in the manner provided by law. Section 4 . That all ordinances or parts thereof in conflict with this ordinance be and are hereby repealed. * Section 5 . That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Kevin Kelly Kevin Kelly, Mayor Presented: November 19 , 1997 Passed: November 19 , 1997 Vote: Yeas 4 Nays 3 Recorded : November 20, 1997 Published: Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk