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CITY OF SAN BERN.bINO - REQUEST F. COUNCIL ACTION
From: James F. Penman
Subject: AN ORDINANCE OF THE CITY OF SA.... BERNARDINO
ADDING CHI\Pl'ER 15.73 TO THE SI\N BERNARDINO
'1llNICIPAL CCDE RELATING TO CERTIFICATION
OF JaJRNEYLEVEL PLUMBERS.
Dept: City Attorney
Date: December 19, 1990
Synopsis of Previous Council action:
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12/13/90 -- Legislative Review Committee recommend approval. I"
Recommended motion:
Naive further reading am layover far adoption.
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Signature
Contact person: Dennis A. Barlow
Phone: 384-5355
Supporting data ettached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
Agenda Item No.
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75.0262
CITY- OF SAN BERN.DINO - REQUEST F. COUNCIL ACTION
STAFF REPORT
The concern has been expressed that public health and safety
require that plumbing work be done by those who are trained and
expert in such work. Therefore the plumbing unions have
recommended the adoption of an ordinance which would provide for
testing and certification of journeylevel plumbers. These tasks
can be delegated to outside agencies and the additional
administrative oversight for the City should be minimal.
This ordinance has been reviewed by the Legislative Review
Committee and forwarded to the Council for its consideration.
75-0264
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1
ORDINANCE NO.
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2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
15.73 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
3 CERTIFICATION OF JOURNEYLEVEL PLUMBERS.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
Chapter 15.73 is hereby added to the San
SECTION 1.
6
Bernardino Municipal Code, to read as follows:
7
Section 15.73.010
Intent
8
9
This chapter is adopted to protect the health, safety and
welfare of the citizens of the City of San Bernardino.
Such
chapter is necessary to provide .minimum standards of
qualification of journey1eve1 plumbers who perform work within
the City of San Bernardino.
Plumbing work is complex and
demanding and carries a high risk of harm to person and property
if done improperly.
This chapter does not regulate either
plumbing contractors licensed under the Contractors' License Law,
Section 700 et seq. of the Business and Professions Code or
apprentice plumbers regulated under an apprenticeship program
pursuant to Section 3070 et. seq. of the Labor Code.
19
Section 15.73.020
Exemptions
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a. An employee for a public utility or of any contractor
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performing work for a public utility operating under the
22
authority and jurisdiction of the Public Utility Commission of
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the State of California (PUC), or the Federal Power Commission
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(FPC) shall be exempt from the provisions of this chapter when
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performing work regulated by the PUC or the FPC. This exemption
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is not intended to apply to work which must meet the San
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Bernardino City Plumbing Code.
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December 18, 1990
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b.
Employees of a school district or of a contractor
2 performing work that is intended for a school district's
3 educational or administrative purposes shall be exempt from the
4 provisions of this chapter.
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c.
Employees of the county, state or federal government or of
6 contractors working for the county, state or federal government,
7 other than contractors performing public works contracts as
8 described in Labor Code Sections 1720 et seq., shall be exempt
9 from the provisions of this chapter.
10
Section 15.73.030
Certificate of Competency Required
11
a.
It shall be unlawful after July 1, 1991 for any person
12 other than a contractor, apprentice or employee as specifically
13 exempted by Section 15,73.010 and 15.73.020 of this chapter or a
14 trainee registered pursuant to Section 15.73.160 to labor for
15 another for consideration at the work or trade of installing,
16 removing, altering or repairing plumbing systems within the City
17 unless such person shall have applied for and been granted a
18 certificate of competency as required by this Chapter.
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b.
It shall be unlawful after July 1, 1991 for any contractor
20 to hire, employ or contract for the services of any individual to
21 labor at the work or trade of installing, removing, altering or
22 repairing plumbing systems within the City unless such individual
23 shall have secured a certificate of competency as required by
24 this chapter, is a trainee registered pursuant to and working
25 under the limitation contained in Section 15.73.160 of this
26 chapter, or such individual is exempt from the requirements of
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this chapter.
It shall be the obligation of the contractor
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December 18, 1990
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1 hiring, employing or contracting for the services to determine
2 whether the individual or individuals to be hired possess a valid
3 City of San Bernardino certificate of competency.
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Section 15.73.040
Duties of Building Official
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a.
It shall be the duty of the Building Official to designate
6 an authorized agency or agencies which maintain satisfactory
7 examination and qualification procedures, and authorize that
8 agency or agencies to process applications, and administer
9 examinations and issue certificates of competency for purposes of
10 compliance with this chapter. The authorization shall be issued
11 only after review and approval of the application form,
12 examination form and scoring criteria utilized by the agencies to
13 ensure that they meet the requirements of the law and this
14 chapter, and upon approval by the City Council. In the event an
15 agency or agencies are authorized by the Building Official as
16 prescribed above, that agency or agencies must fully comply with
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the terms of this chapter.
The issuance of a certificate of
18 competency by a designated agency or agencies shall meet the
19 requirements under the chapter to obtain a certificate of
20 competency from the City of San Bernardino.
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b.
It shall be the duty of the Certifying Agency to compile
22 and maintain a current list of individuals holding valid
23 certificates of competency which comply with this chapter.
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c.
It shall be the duty of the Certifying Agency to carefully
25 consider any written charges filed in the manner provided for in
26 this chapter at its first regular meeting after the filing of
27 such charges, provided that prescribed notice requirements can be
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DAB/ses/P1umbers.ord
December 18, 1990
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met.
If the notice requirem~nts cannot be met, the Certifying
2 Agency shall either schedule a special meeting or shall set the
3 matter for hearing at the following regular meeting.
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d.
The Certifying Agency shall compile and keep current a list
5 of agencies maintaining satisfactory examination and
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qualification procedures.
This list shall be reviewed and
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brought up to date at least once a year.
A copy of said list
8 shall be kept on file in the office of the Building Official.
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Section 15.73.050
City of San Bernardino Application
Process for Certificate of Competency
The City of San Bernardino hereby adopts a certificate of
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11
A.
12 competency testing program for the purpose of determining the
13 competency and knowledge of the individuals who engage in
14 plumbing work as set forth in this chapter.
15
1)
Persons desiring to take the examination for a
16 certificate of competency shall file an application with the
17 designated authorized agency or agencies maintaining satisfactory
18 exam~nation and qualification procedures and shall pay the
19 application fee provided for by resolution of the Mayor and
20 Common Council.
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2)
To be eligible for examination for the certificate of
22 competency, the applicant shall have at least four (4) years of
23 plumbing experience and shall attach proof of such experience to
24 the application form.
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3)
An applicant enrolled in a training or apprenticeship
26 program which provides four (4) or more years of plumbing
27 experience may take the examination after attaining three (3)
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DAB/ses/Plumbers.ord
December 18, 1990
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1 years, nine (9) months of plumbing experience; provided,
2 however, that no certificate of competency shall be issued to
3 such applicant until the applicant has at least four (4) years of
4 plumbing experience.
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4)
The examination shall test at a level which assumes
6 sufficient knowledge of both theory and practice to enable the
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applicant to perform competent plumbing work.
The examination
8 shall include a written test and such other tests as may be
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necessary to fairly examine all applicants.
Examinations shall
10 be conducted at least quarterly, and more often if the need
11 arises.
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Section 15.73.060
Issuance of Certificate of Competency
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When an applicant for a certificate of competency shall
14 have made payment of an application fee provided for by
15 resolution of the Mayor and Common Council and shall have passed
16 an examination as required by this chapter, or is the legal
17 processor of an equivalent credential, as established by the
18 Certifying Agency, the Certifying Agency shall certify him/her
19 and shall issue to h~m/her a certificate of competency.
20
Section 15.73.070
Application for Reexamination
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Any individual who fails to pass the examination for
22 competency as required by this chapter may apply for
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reexamination.
All applications for reexamination must be
24 accompanied by a reexamination fee to be set by resolution of the
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Mayor and Common Council.
Should such individual fail to pass
26 the examination for qualification three (3) times, the applicant
27 shall not be entitled to seek a fourth (4th) application until
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December 18, 1990
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1 after the expiration of six (6) months.
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Section 15.73.080
Exemption from Examination
3 A certificate of competency shall be issued without the
4 necessity of an examination to any individual possessing a
5 similar certificate from an agency maintaining, in the opinion
6 of the Certifying Agency or the authorized agency or agencies, a
7 satisfactory examination and qualification procedure.
8
Section 15.73.090
Posting of Certificate of Competency
9 Every journey1eve1 plumber shall carry his/her certificate
10 with him/her at all times while doing any construction work
11 regulated by this chapter and shall exhibit it when required to
12 do so by the Certifying Agency or its authorized representative
13 at any time while he/she is engaged in any activity for which a
14 certificate of competency is required.
15
Section 15.73.100
Notification of Address Change
16 The holder of a certificate of competency shall notify the
17 Certifying Agency of any change of address.
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Section 15.73.110
Loaning of Certificate of Competency
19 Prohibited
20 No individual hOlding a certificate of competency required
21 by this chapter shall lend such certificate to any person or
22 allow any other person to carryon, engage in, or labor at the
23 trade of installation, removing, altering or repairing plumbing
24 systems on a certificate of competency not issued in their name.
25 A violation of this section by any person holding a certificate
26 of competency shall be grounds for revocation of such
27 certificate.
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Section 15.73.120
Suspension or Revocation of Certificate
3
of Competency
Any person may file with the Certifying Agency written
2
a.
4 charges against the holder of a certificate of competency
5 alleging that the holder of a certificate of competency has
6 negligently or intentionally performed work in violation of
7
applicable codes.
Such charges shall state in detail the nature
8 or substance of the matters charged and must be signed with the
9 full name and correct address of the person making the charges.
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b.
The Certifying Agency shall notify the holder of the
11 certificate of competency that charges against the holder have
12 been filed. The Certifying Agency shall meet with the individual
13 against whom charges have been submitted in order to review the
14 charges and determine what action, if any, is necessary under
15 this chapter. The Certifying Agency has the option to recommend
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suspension or revocation of the certificate of competency.
If
17 the Certifying Agency recommends suspension or revocation of the
18 certificate of competency, the Certifying Agency shall notify the
19 holder of the certificate against whom charges have been filed of
20 a special meeting with the Certifying Agency at which the matter
21 shall be heard.
22 Written notice shall be mailed by first class mail at least
23 fifteen (15) days before the hearing to the address provided to
24 the Certifying Agency by the holder of the certificate of
25 competency.
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c.
No certificate of competency shall be suspended or revoked
27 until the holder of the certificate of competency has had an
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DAB/ses/Plumbers.ord
December 18, 1990
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opportuni ty to appear and ~how cause why his/her certificate
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should not be suspended or revoked.
In showing such cause,
3 he/she may be represented by an attorney and may present
4 evidence.
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d.
The Certifying Agency may either suspend or revoke a
6 certificate of competency if the Certifying Agency determines
7 that the holder of the certificate has willfully, or negligently
8 violated any of the provisions of this chapter or any ordinance,
9 code, or regulation governing the installation, removal,
10 alteration, or repair of plumbing systems.
11
e.
Should the Certifying Agency find that any certificate of
12 competency has been obtained by fraud, it shall revoke such
13 certificate.
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f.
No refund of fees shall be made to any person whose
15 certificate of competency is suspended or revoked.
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Section 15.73.130
Appeals
17 Any person aggrieved by the decision of the Certifying
18 Agency in granting or denying a certificate of competency, or
19 suspending or revoking a certificate of competency, may appeal
20 such decision to the Mayor and Common Council in accordance with
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Chapter 2.64 of this code.
Failure to appeal as so provided
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shall render the decision final and conclusive.
The Mayor and
23 Common Council may appoint a hearing examiner to consider the
24 matter.
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Section 15.73.140
Renewal
26 Certificate of competency shall be renewed every two (2)
27 years upon payment of a renewal fee set by resolution of the
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DAB/ses/Plumbers.ord
December 18, 1990
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1 Mayor and Common Council.
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Section 15.73.150
Definitions
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a.
Applicant:
The person signing the application for the
4 examination for the certificate of qualification and paying the
5 fees thereof.
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b.
Apprentice:
A person who is enrolled in an apprenticeship
7 program approved by the Department of Industrial Relations of the
8 State of California.
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c.
Authorized agency or agencies: An agency identified by the
10 Certifying Agency which maintains a program of satisfactory
11 examination and qualification procedures developed to test the
12 knowledge and skill of the theory and practice of installing,
13 removing, altering and/or repairing plumbing systems and whose
14 testing protocol is subject to review and approval by the
15 Certifying Agency.
16
d.
Certificate of competency: A certificate authorized by the
17 Certifying Agency to qualified persons not otherwise regulated by
18 the Business and Professions Code of the State of California or
19 the Labor Code of the State of California.
20
e.
Certifying Agency:
An agency authorized by the Building
21 Official of the City of San Bernardino to issue certificates of
22 competency or the Building Official himself or herself.
23
f.
Journey1eve1 Plumber:
A person who installs, removes,
24 alters or repairs plumbing systems as an employee, who does not
25 furnish materials or supplies and who is the legal possessor of a
26 certificate of competency.
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g.
Plumbing system:
Plumbing system means and includes all
DAB/ses/P1umbers.ord
December 18, 1990
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1 potable water supply and distribution pipes, all plumbing
2 fixtures and traps, all drainage and vent pipe and all building
3 drains, including their respective joints and connections,
4 devices, receptacles and appurtenances within the property lines
5 of the premises and shall include portable water piping, portable
6 water treating or using equipment, fuel gas piping, water
7 heaters and vents for same; provided however, that for purposes
8 of this chapter, building sewers and private sewage disposal
9 systems are specifically excluded from definition of plumbing
10 systems.
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Section 15.73.160
Trainee Certificate of Registration
12
a.
A trainee certificate of registration shall be issued to
13 any person who certifies that he or she desires to work as a
14 trainee for the purpose of learning the trade of plumbing and
15 gaining the training and experience necessary to successfully
16 complete the examination for a certificate of competency and who
17 pays a registration fee set by resolution of the Mayor and Common
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Council.
A trainee certificate of registration shall be valid
19 for five (5) years and may be renewed.
20
b.
A registered trainee may perform plumbing work within the
21 City for which a certificate of competency otherwise would be
22 required only under the direct supervision and in the immediate
23 presence of a person holding a certificate of competency issued
24 pursuant to this chapter or of a licensed contractor at the
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jobsite at that time.
It shall be grounds for suspension or
26 revocation of a certificate of registration for a registered
27 trainee to knowingly work under conditions wherein the person
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December 18, 1990
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1 supervising the trainee is supervising one or more other trainees
2 at the same jobsite at the same time.
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It shall be grounds for suspension or revocation of a
c.
4 certificate of competency for the holder of a certificate to
5 supervise more than one registered trainee at the same jobsite at
6 the same time in the performance of plumbing work for which a
7 certificate of competency otherwise would be required.
8 I HEREBY CERTIFY that the foregoing ordinance was duly
9 adopted by the Mayor and Common Council of the City of San
10 Bernardino at a meeting thereof, held on the
11 day of , 1990, by the following vote, to wit:
12
Council Members:
AYES
NAYS
ABSTAIN
13 ESTRADA
14 REILLY
15 FLORES
16 MAUDSLEY
17 MINOR
18 POPE-LUDLAM
19 MILLER
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21
22
23
24
25
City Clerk
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DAB/ses/Plumbers.ord 11
December 18, 1990
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
15.73 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
2 CERTIFICATION OF JOURNEYLEVEL PLUMBERS.
3
4
The foregoing ordinance is hereby approved this
day
5
of
, 1990.
6
w. R. Holcomb, Mayor
7 City of San Bernardino
Approved as to form
8 and legal content:
9 JAMES F. PENMAN,
City Attorney
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DAB/ses/Plumbers.ord
December 18, 1990
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CITY OF SAN BEIOAADINO - REQUEST"iOA COUNCIL ACTION
From: Larry E. Reed, Director
Subject: An Ordinance adding Chapter 73 to
Article 15 of San Bernardino City
Code relating to Certification of
Journey Level Plumbers.
Dept: Planning & Building Services
Date: January 4, 1990
Synopsis of Previous Council action:
October of 1989, Mayor and Common Council referred proposed Certfication
of Journey Level Plumbers Ordinance to the Legislative Review Committee.
In December of 1990, the Legislative Review Committee referred the
Oridinance to the Mayor and Common Council without recommendation.
Recommended motion:
It is recommended that the Mayor and Common Council not adopt the
Ordinance relating to Certification of Journey Level Plumbers.
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Signature
Contact person: Larry E. Reed
Supporting data attached: Staff Report, Ordinance
Phone: 384-5357
Ward:
All Wards - City Wide
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262
Agenda Item No....2L_
CITY OF SAN BERNARDINO - REQUEST ~OR COUNCIL ACTION
STAFF REPORT
SUBJECT: An Ordinance adding Chapter 73 to Article 15
San Bernaridno City Code relating to certification of
Plumbers. Mayor and Common Council Meeting of January 7,
of the City of
Journey Level
1991.
The Journey Level Plumbers certification Ordinance is being proposed by
the Pipe Industry Progress and Education Committee (P.I.P.E.). The
goal of the Ordinance is to increase code knowledge, competence in
workmanship of the people doing the physical plumbing work thereby
protecting the public health and safety.
BACKGROUND: City staff was initially contacted by P.I.P.E. in the
summer of 1989. The concept was presented to the Mayor and Council in
October 1989 and referred to the Legislative Review Committee. The
concept was discussed by the Legislative Review Committee at several
meetings. In December of 1990 the Legislative Review Committee
referred the attached Ordinance to the Mayor and Council without a
recommendation.
DISCUSSION: Staff understands P.I.P.E.'s goals, however, cannot
support the adoption of the Ordinance for the following reasons.
1. This type of Legislation is better accomplished on a State wide
basis. If there is a public health ~ssue as claimed by PIPE it
should be addressed state wide. In addition, there would be uniform
standards and less confusion when addressed on a state wide basis.
The state should set the minimum experience and qualifications for
taking a certification examination, give the examination and issue
certification. The proposed local ordinance would not allow (as an
example) a plumber from the City of Colton to work in the City of
San Bernardino unless he had a City of San Bernardino Plumbing
Certificate. It is not undesirable to have different sets of
regulations between adjacent cities.
2. The proposed ordinance creates one more administrative provision
for the Department of Planning & Building Services to manage. The
City's Building and Safety operation historically has been under
staffed compared to what is required by the Building Code and the
department does not need another program to administer at this time
of limited resources.
3. The City has an image of being a difficult city to do development.
Most of this image is myth, some of it is real based upon the
cities past history. The City of San Bernardino had a Development
Moratorium, with restrictions that changed over time. Then the City
had an Interim Policy Document with its own rules. Currently the
City is operating under an Interim Urgency Ordinance and requires
the public and staff to use three (3) documents until the City
adopts a new Zoning Ordinance (Development Code), The General Plan,
A Land Use/Standards Matrix Chart and a portion of the City's
current Zoning Standards. It would not be desirable to adopt more
regulations that will be construed to adversely impact development.
RECOMMENDATION:
It is staff's recommendation that the Mayor and Council not adopt the
ordinance requiring certification of Journey Level Plumbers.
75-0264