HomeMy WebLinkAbout36-Planning & Building
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
15.73 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
CERTIFICATION OF JOURNEYLEVEL PLUMBERS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 15.73 is hereby added to the San
Bernardino Municipal Code, to read as follows:
Section 15.73.010
Intent
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 journeylevel 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.
Section 15.73.020
Exemptions
a. An employee for a public utility or of any contractor
performing work for a public utility operating under the
authority and jurisdiction of the Public Utility Commission of
the State of California (PUC), or the Federal power Commission
(FPC) shall be exempt from the provisions of this chapter when
performing work regulated by the PUC or the FPC. This exemption
is not intended to apply to work which must meet the San
Bernardino City Plumbing Code.
DAB/ses/Plumbers.ord
December 18, 1990
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b. Employees of a school district or of a contractor
performing work that is intended for a school district's
educational or administrative purposes shall be exempt from the
provisions of this chapter.
c. Employees of the county, state or federal government or of
contractors working for the county, state or federal government,
other than contractors performing public works contracts as
described in Labor Code Sections 1720 et seq., shall be exempt
from the provisions of this chapter.
Certificate of Competency Required
a. It shall be unlawful after July 1, 1991 for any person
Section 15.73.030
other than a contractor, apprentice or employee as specifically
exempted by Section 15,73.010 and 15.73.020 of this chapter or a
trainee registered pursuant to Section 15.73.160 to labor for
another for consideration at the work or trade of installing,
removing, altering or repairing plumbing systems within the City
unless such person shall have applied for and been granted a
certificate of competency as required by this Chapter.
b. It shall be unlawful after July 1, 1991 for any contractor
to hire, employ or contract for the services of any individual to
labor at the work or trade of installing, removing, altering or
repairing plumbing systems within the City unless such individual
shall have secured a certificate of competency as required by
this chapter, is a trainee registered pursuant to and working
under the limitation contained in Section 15.73.160 of this
chapter, or such individual is exempt from the requirements of
this chapter.
It shall be the obligation of the contractor
DAB/ses/Plumbers.ord
December 18, 1990
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hiring, employing or contracting for the services to determine
whether the individual or individuals to be hired possess a valid
City of San Bernardino certificate of competency.
Duties of Building Official
a. It shall be the duty of the Building Official to designate
Section 15.73.040
an authorized agency or agencies which maintain satisfactory
examination and qualification procedures, and authorize that
agency or agencies to process applications, and administer
examinations and issue certificates of competency for purposes of
compliance with this chapter. The authorization shall be issued
only after review and approval of the application form,
examination form and scoring criteria utilized by the agencies to
ensure that they meet the requirements of the law and this
chapter, and upon approval by the City Council. In the event an
agency or agencies are authorized by the Building Official as
prescribed above, that agency or agencies must fully comply with
the terms of this chapter.
The issuance of a certificate of
competency by a designated agency or agencies shall meet the
requirements under the chapter to obtain a certificate of
competency from the City of San Bernardino.
b. It shall be the duty of the Certifying Agency to compile
and maintain a current list of individuals holding valid
certificates of competency which comply with this chapter.
c. It shall be the duty of the Certifying Agency to carefully
consider any written charges filed in the manner provided for in
this chapter at its first regular meeting after the filing of
such charges, provided that prescribed notice requirements can be
DAB/ses/Plumbers.ord
December 18, 1990
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met.
If the notice requirements 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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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.
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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 examination 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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years, nine (9) months of plumbing experience; provided,
however, that no certificate of competency shall be issued to
such applicant until the applicant has at least four (4) years of
plumbing experience.
4) The examination shall test at a level which assumes
sufficient knowledge of both theory and practice to enable the
applicant to perform competent plumbing work.
The examination
shall include a written test and such other tests as may be
necessary to fairly examine all applicants.
Examinations shall
be conducted at least quarterly, and more often if the need
arises.
Section 15.73.060
Issuance of Certificate of Competency
When an applicant for a certificate of competency shall
have made payment of an application fee provided for by
resolution of the Mayor and Common Council and shall have passed
an examination as required by this chapter, or is the legal
processor of an equivalent credential, as established by the
Certifying Agency, the Certifying Agency shall certify him/her
and shall issue to him/her a certificate of competency.
Section 15.73.070
Application for Reexamination
Any individual who fails to pass the examination for
competency as required by this chapter may apply for
reexamination.
All applications for reexamination must be
accompanied by a reexamination fee to be set by resolution of the
Mayor and Common Council.
Should such individual fail to pass
the examination for qualification three (3) times, the applicant
shall not be entitled to seek a fourth (4th) application until
DAB/seS/P1umbers.ord
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after the expiration of six (6) months.
Section 15.73.080
Exemption from Examination
A certificate of competency shall be issued without the
necessity of an examination to any individual possessing a
similar certificate from an agency maintaining, in the opinion
of the Certifying Agency or the authorized agency or agencies, a
satisfactory examination and qualification procedure.
Section 15.73.090
Posting of Cert~ficate of Competency
Every journeylevel plumber shall carry his/her certificate
with him/her at all times while doing any construction work
regulated by this chapter and shall exhibit it when required to
do so by the Certifying Agency or its authorized representative
at any time while he/she is engaged in any activity for which a
certificate of competency is required.
Section 15.73.100
Notification of Address Change
The holder of a certificate of competency shall notify the
Certifying Agency of any change of address.
Section 15.73.110
LOaning of Certificate of Competency
Prohibited
No individual holding a certificate of competency required
by this chapter shall lend such certificate to any person or
allow any other person to carry on, engage in, or labor at the
trade of installation, removing, altering or repairing plumbing
systems on a certificate of competency not issued in their name.
A violation of this section by any person holding a certificate
of competency shall be grounds for revocation of such
certificate.
DAB/ses/Plumbers.ord
December 18, 1990
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Section 15.73.120
Suspension or Revocation of Certificate
of Competency
a. Any person may file with the Certifying Agency written
charges against the holder of a certificate of competency
alleging that the holder of a certificate of competency has
negligently or intentionally performed work in violation of
applicable codes. Such charges shall state in detail the nature
or substance of the matters charged and must be signed with the
full name and correct address of the person making the charges.
b. The Certifying Agency shall notify the holder of the
certificate of competency that charges against the holder have
been filed. The Certifying Agency shall meet with the individual
against whom charges have been submitted in order to review the
charges and determine what action, if any, is necessary under
this chapter. The Certifying Agency has the option to recommend
suspension or revocation of the certificate of competency. If
the Certifying Agency recommends suspension or revocation of the
certificate of competency, the Certifying Agency shall notify the
holder of the certificate against whom charges have been filed of
a special meeting with the Certifying Agency at which the matter
shall be heard.
Written notice shall be mailed by first class mail at least
fifteen (15) days before the hearing to the address provided to
the Certifying Agency by the holder of the certificate of
competency.
c. No certificate of competency shall be suspended or revoked
until the holder of the certificate of competency has had an
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opportuni ty to appear and show cause why his/her certificate
should not be suspended or revoked.
In showing such cause,
he/she may be represented by an attorney and may present
evidence.
d. The Certifying Agency may either suspend or revoke a
certificate of competency if the Certifying Agency determines
that the holder of the certificate has willfully, or negligently
violated any of the provisions of this chapter or any ordinance,
code, or regulation governing the installation, removal,
alteration, or repair of plumbing systems.
e. Should the Certifying Agency find that any certificate of
comp~tency has been obtained by fraud, it shall revoke such
certificate.
f. No refund of fees shall be made to any person whose
certificate of competency is suspended or revoked.
Section 15.73.130
Appeals
Any person aggrieved by the decision of the Certifying
Agency in granting or denying a certificate of competency, or
suspending or revoking a certificate of competency, may appeal
such decision to the Mayor and Common Council in accordance with
Chapter 2.64 of this code.
Failure to appeal as so provided
shall render the decision final and conclusive.
The Mayor and
Common Council may appoint a hearing examiner to consider the
matter.
Section 15.73.140
Renewal
Certificate of competency shall be renewed every two (2)
years upon payment of a renewal fee set by resolution of the
DAB/ses/Plumbers.ord
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Mayor and Common Council,
Section 15,73,150
Definitions
a,
Applicant:
The person signing the application for the
examination for the certificate of qualification and paying the
fees thereof,
b,
Apprentice:
A person who is enrolled in an apprenticeship
program approved by the Department of Industrial Relations of the
State of California,
c. Authorized agency or agencies: An agency identified by the
Certifying Agency which maintains a program of satisfactory
examination and qualification procedures developed to test the
knowledge and skill of the theory and practice of installing,
removing, altering and/or repairing plumbing systems and whose
testing protocol is subject to review and approval by the
Certifying Agency.
d. Certificate of competency: A certificate authorized by the
Certifying Agency to qualified persons not otherwise regulated by
the Business and Professions Code of the State of California or
the Labor Code of the State of California.
e.
Certifying Agency:
An agency authorized by the Building
Official of the City of San Bernardino to issue certificates of
competency or the Building Official himself or herself.
f.
Journeylevel Plumber:
A person who installs, removes,
alters or repairs plumbing systems as an employee, who does not
furnish materials or supplies and who is the legal possessor of a
certificate of competency.
g.
Plumbing system:
Plumbing system means and includes all
DAB/ses/Plumbers.ord
December 18, 1990
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potable water supply and distribution pipes, all plumbing
fixtures and traps, all drainage and vent pipe and all building
drains, including their respective joints and connections,
devices, receptacles and appurtenances within the property lines
of the premises and shall include portable water piping, portable
water treating or using equipment, fuel gas piping, water
heaters and vents for same; provided however, that for purposes
of this chapter, building sewers and private sewage disposal
systems are specifically excluded from definition of plumbing
systems.
Section 15.73.160
Trainee Certificate of Registration
a. A trainee certificate of registration shall be issued to
any person who certifies that he or she desires to work as a
trainee for the purpose of learning the trade of plumbing and
gaining the training and experience necessary to successfully
complete the examination for a certificate of competency and who
pays a registration fee set by resolution of the Mayor and Common
Council.
A trainee certificate of registration shall be valid
for five (5) years and may be renewed.
b. A registered trainee may perform plumbing work within the
City for which a certificate of competency otherwise would be
required only under the direct supervision and in the immediate
presence of a person holding a certificate of competency issued
pursuant to this chapter or of a licensed contractor at the
jobsite at that time.
It shall be grounds for suspension or
revocation of a certificate of registration for a registered
trainee to knowingly work under conditions wherein the person
DAB/Ses/Plumbers.ord
December 18, 1990
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supervising the trainee is supervising one or more other trainees
at the same jobsite at the same time.
c. It shall be grounds for suspension or revocation of a
certificate of competency for the holder of a certificate to
supervise more than one registered trainee at the same jobsite at
the same time in the performance of plumbing work for which a
certificate of competency otherwise would be required.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on the
day of , 1990, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
DAB/ses/Plumbers.ord 11
December 18, 1990
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
15.73 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
CERTIFICATION OF JOURNEYLEVEL PLUMBERS.
The foregoing ordinance is hereby approved this
day
of
, 1990.
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
Byt~' t (;..",--
DAB/ses/P1umbers.ord
December 18, 1990
12
Ci;.QOF SAN BERNARDIO - REQUEO' FOR COUNCIL ACON
From: Larry E. Reed, Director
Dept: Planning & Building Services
Su~~: An Ordinance adding Chapter 73 to
Article 15 of San Bernardino City
Code relating to Certification of
Journey Level Plumbers.
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.
4;
rd~
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.l
(Acct. DescriPtion)
Finance:
Council Notes:
7....n~fi,'
Agenda Item No
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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 issue 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 prov~s~on
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
i.~W':i''-.'''-''
Clt~F SAN BERNARDINO - REQUE~ FOR COUNCIL ACTON
From: James F. Penman
Subject: AN ORDINANCE OF THE CITY OF SA.." BERNARDINO
ADDING CHAPI'ER 15.73 TO THE SI\N BERNARDINO
'IDNICIPAL CCDE RELATING TO CERl'IFICATION
OF JaJRNEYLEVEt, PLUMBERS.
Dept: City Attorney
Date: December 19, 1990
Synopsis of Previous Council action:
"1
12/13/90 -- Legislative Review Committee recommend approval. ,.
Recommended motion:
Waive further reading am layover for adoption.
Contact person: Dennis A. Barlow
1\ .
li~J~
U SO'O"".
Phone: 384-5355
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Descriotion)
Finance:
Council Notes:
75-0262
Agenda Item No
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Ci;.QOF SAN BERNARDltO - REQUEO FOR COUNCIL ACTC)N
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