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HomeMy WebLinkAbout27-City Attorney . . 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: . '--I I 12/13/90 -- Legislative Review Committee recommend approval. I" Recommended motion: Naive further reading am layover far adoption. (' 7~ 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. c:l7 . 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 10 11 12 13 14 15 16 17 18 . . 1 ORDINANCE NO. " 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 20 a. An employee for a public utility or of any contractor 21 performing work for a public utility operating under the 22 authority and jurisdiction of the Public Utility Commission of 23 the State of California (PUC), or the Federal Power Commission 24 (FPC) shall be exempt from the provisions of this chapter when 25 performing work regulated by the PUC or the FPC. This exemption 26 is not intended to apply to work which must meet the San 27 Bernardino City Plumbing Code. 28 DAB/ses/P1umbers.ord December 18, 1990 1 . . 1 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. 5 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. 19 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 27 this chapter. It shall be the obligation of the contractor 28 DAB/ses/P1umbers.ord December 18, 1990 2 T---- . . 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. 4 Section 15.73.040 Duties of Building Official 5 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 17 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. 21 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. 24 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 28 DAB/ses/P1umbers.ord December 18, 1990 3 . . . 1 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. 4 d. The Certifying Agency shall compile and keep current a list 5 of agencies maintaining satisfactory examination and 6 qualification procedures. This list shall be reviewed and 7 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. 9 Section 15.73.050 City of San Bernardino Application Process for Certificate of Competency The City of San Bernardino hereby adopts a certificate of 10 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. 21 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. 25 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) 28 DAB/ses/Plumbers.ord December 18, 1990 4 . . . 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. 5 4) The examination shall test at a level which assumes 6 sufficient knowledge of both theory and practice to enable the 7 applicant to perform competent plumbing work. The examination 8 shall include a written test and such other tests as may be 9 necessary to fairly examine all applicants. Examinations shall 10 be conducted at least quarterly, and more often if the need 11 arises. 12 Section 15.73.060 Issuance of Certificate of Competency 13 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 21 Any individual who fails to pass the examination for 22 competency as required by this chapter may apply for 23 reexamination. All applications for reexamination must be 24 accompanied by a reexamination fee to be set by resolution of the 25 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 28 DAB/ses/plumbers.ord December 18, 1990 5 . . 1 after the expiration of six (6) months. 2 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. 18 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. 28 DAB/ses/P1umbers.ord December 18, 1990 6 . . 1 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. 10 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 16 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. 26 c. No certificate of competency shall be suspended or revoked 27 until the holder of the certificate of competency has had an 28 DAB/ses/Plumbers.ord December 18, 1990 7 I'-- I I I . . 1 opportuni ty to appear and ~how cause why his/her certificate 2 should not be suspended or revoked. In showing such cause, 3 he/she may be represented by an attorney and may present 4 evidence. 5 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. 14 f. No refund of fees shall be made to any person whose 15 certificate of competency is suspended or revoked. 16 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 21 Chapter 2.64 of this code. Failure to appeal as so provided 22 shall render the decision final and conclusive. The Mayor and 23 Common Council may appoint a hearing examiner to consider the 24 matter. 25 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 28 DAB/ses/Plumbers.ord December 18, 1990 8 . . 1 Mayor and Common Council. 2 Section 15.73.150 Definitions 3 a. Applicant: The person signing the application for the 4 examination for the certificate of qualification and paying the 5 fees thereof. 6 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. 9 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. 27 28 g. Plumbing system: Plumbing system means and includes all DAB/ses/P1umbers.ord December 18, 1990 9 . . 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. 11 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 18 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 25 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 28 DAB/ses/Plumbers.ord December 18, 1990 10 . . . 1 supervising the trainee is supervising one or more other trainees 2 at the same jobsite at the same time. 3 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 20 21 22 23 24 25 City Clerk / / / / / / / / / / / / / / / / / / DAB/ses/Plumbers.ord 11 December 18, 1990 26 27 28 . 10 11 12 13 14 15 16 17 18 19 20 . . 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 fI,r ByJrV'O t, I~'v",--'_ . v-" ,_. ,_J 21 22 23 24 25 26 27 28 DAB/ses/Plumbers.ord December 18, 1990 12 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. 4 ; '/ r/k/ 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