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HomeMy WebLinkAbout2065 , ./ . ~ ~.' . . . . . . , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 . . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. ~'PI) 15 AN ORDINANCE PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY, AND THE EXAMINATION, REGISTRATION, LICENSING OF PERSONS ENGAGED IN THE BUSINESS OF PLUMBING, OR LABORING AT THE TRADE OF PLUMBING, GAS AND DRAINAGE SYSTEMS.; CREATING A BOARD OF PLUMBING EXAMINERS AND PRESCRIBING THEIR DUTIES AND THE DUTIES OF THE PLUMBING INSPECTOR; DEFINING CERTAIN TERMS, ESTABLISHING MINIMUM REGULATIONS FOR THE INSTALIATION, ALTER- ATION OR REPAIR OF PLUMBING, GAS AND DRAINAGE SYSTEMS AND INSPECTION THEREOF;; PROVIDING PENALTIES FOR ITS VIOLATION, AND REPEALING ORDINANCE NO. 1793, ORDINlINCE NO. 1960 AND lINY OTHER CONFLICTING ORDINANCEi AND REPEALING ORDINANOE NO. l~lg AND 1509 AND ALL OTHER ORDINANcES IN OONFLICT WITH ORDINANOE NO. 2057. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION ONE: Adoption by Reference - That the rules and regulations providing for and governing the installation 9f plumbing, and the carrying on of the business of plumbing, as set forth in the plumbing code printed in book form, entitled . "Uniform Plumbing Code," 1955 Edition, said code being pre- pared by the Western Plumbing Officials Association, three (3) copies of which code have heretofore been filed with and are now on file in the office of the City Clerk of the City of San Bernardino, and which plumbing codes are identified by the certificate attached thereto of the City Clerk of said City, reading as follows: "I, JACK T. FELTON, hereby certify that the annexed plumbing code, was filed in the office of the C1)y Clerk of the City of San Bernardino on the k day of (I/., ~, 1955. JACK T. FEL~N I City Clerk of the City of San Bernardino," be and the same are hereby eatablished as rules and regulations providing for and governing the installation of plumbing, and the carrying on of the business of plumbing in said City; and each and every part of said code, and each and every provision therein contained, except as herein specifieally mentioned, is ~ereby re- ferred to and is hereby adopted and made a part hereof as though -1- , . . . 1 fully set forth in this Ordinance, and the provisions of said code 2 are hereby established as rules and regulations providing for and 3 governing the installation of plumbing, and the carrying on of the 4 business of plumbing in said City. 5 SECTION TWO: Exceptions. That the following Sections of 6 said code are hereby amended to read as follows: 7 1.1 ADMINISTRATIVE AUTHORITY AND ASSISTANTS. Whenever the 8 term "administrativ6'.authority" is used in this code it shall be 9 construed to mean the Chief Plumbing Inspector. 10 1.2 ASSISTANTS. Whenever the term "assistants" is used in 11 this code it shall be construed to mean the Plumbing Inspectors. 12 1.3 ~UALIFICATIONS. All assistants shall be practical plumb- 13 ers having not less than two (2) years' experience as journeyman 14 or master plumbers. 15 1.4 DEP.l.RTMENT HAVING JURISDICTION. Unless otherwise pro- 16 vided for by law, the office of the Administrative Authority ahall 17 be a part of the Department of Building Inspection. 18 1.8 VIOLATIONS AND PENALTIES. Any person, persons, firm or 19 corporation violating any of the provisions of this Ordinance 20 shall be deemed guilty of a separate offense for each and every 21 day or portion thereof, during which any violation of any of the 22 provisions of this Ordinance is committed, continued or permitted, 23 and upon conviction thereof of any such violation, such person, 24 persons, firm or corporation shall be punishable by fine of not 25 less than Five Dollars $).OO}, nor more than Three Hundred Dollars 26 ($300.00), or by imprisonment in the City Jail not less than five 27 (5) days, nor more than ninety (90) days, or by both such fine 28 and imprisonment. 29 The issuance or granting of a permit or the approval of plans 30 and/or specifications shall not be deemed or construed to be a 31 permit for or approval of any violation of the provisions of this 32 Ordinance. No permit presuming to give authority to violate or -2- . . . I! cancel the provisions of this Ordinance shall be valid. 2 The issuance of a permit upon plans and specifications shall 3 not prevent the plumbing inspector from thereafter requiring the 4 correction of errors in said plans and/or spscifications, or from 5 preventing plumbing or drainage work being carried on thereunder, 6 when in violation of this Ordinance, or of any law of the state 7 of California pertaining to plumbing or plumbers applicable in the 8 City of S~ Bernardino. 9 Every permit issued by the Administrative Authority under 10 the provisions of this Code shall expire by limitation and become 11 null and void, if the work authorized by such permit is not com- 12 menced within 60 days from the date of such permit, or if the 13 work authorized by such permit is suspended or abandoned at any 14 time after the work is commenced for a period of 60 days. Before 15 such work can be recommenced a new permit shall be first obtained 16 so to do. 17 1.9 (b) PERMIT RE~UIRED. A separate permit shall be obtain- 18 ed for each building or structure, except when two or more build- 19 ings located on the'same lot or parcel of land under one ownership, 20 designed and constructed to be operated as one unit, all such 21 plumbing may be included in one permit. 22 1.11 (b) TO WHOM PERMITS MAY BE ISSUED. Any permit required 23 by this Ordinance may be issued to any person to do any construc- 24 tion or work regulated by this Ordinance in any building, in the 25 event that any such person is the bona fide owner of any such 26 building and provided that said owner shall personally purchase 27 all materials and shall personally perform all labor in connection 28 therewith. No plumbing or drainage work for which a permit is 29 requiued shall be commenced in any building or premises until a 30 permit to do such work shall have been first obtained. 31 2.5 APPOINTMENT OF BOARD OF EXAMINERS. The Board of Plumber 32 Examiners shall be under the Department having jurisdiction pro- -3- ) . . 1 vided for by law or the charter provisions and unless otherwise 2 provided for shall consist of members having thereon no less than 3 two (2) qualified Master Plumbers and no less than two (2) qua1i- 4 fied Journeyman Plumbers and one member of the Plumbing Inspection 5 Department 'to ,act as secretary. 6 The Board shall be appointed by the authority empowered to 7 appoint such boards upon the taking effect of this Code. 8 The'members of said Board shall serve for two (2) years, un- 9 less sooner removed for malfeasance in office, neglect of duty to or incapacity. 11 2.10 TERM OF CERl'IFICATES OF QUALIFICATION. Every Plumber's 12 Certificate of Qualification shall remain in force and effect until 13 its expiration date, unless cancelled or revoked. 14 Master Plumber Certificates of Qualification shall expire on 15 December 31st of each year. Journeyman Plumber Certificates of 16 Qualification shall expire on December 31st of each year. Ap- 17 prentice Plumber Certificates of Qualification shall expire Decem- 18 ber 31st of each year. 19 2.11 RENEWAL OF CERTIFICATES AND FEES. All Plumber Certifi- 20 cates of Qualification, except Certificates which have been can- 21 celled or revoked, may be renewed from year to year upon request 22 and payment of the required renewal fee. If a renewal of a Certi- 23 ficate be requested and the required fee paid within 30 days of 24 the expiration date of such Oentificate, the renewal fee shall be 25 $1.00. If such renewal be requested and the required fee paid 26 more than 30 days, but less than 90 days after the expiration date 27 of such Certificate, the renewal fee shall be $2.00. If such renew- 28 al be requested and the required fee paid more than 90 days after 29 the expiration date of such Certificate, the fee shall be $3.50, 30 and the Board of Plumber Examiners may require the applicant to 31 make out a new application and take an examination, or the Board 32 may at its discretion renew the expired Certificate. -4- . ) . . 1 2.15 DISPLAY OF SIGN. It shall be unlawful for any person 2 not in legal possession of a valid Business License to engage in, 3 or carryon, or represent himself, itself, or themselves as en- 4 gaged in or carrying on the Business of plumbing or to use the 5 words "Master Plumber", "Plumbing", or "Plumber". in any advertis- 6 ing or to display or expose a sign having similar import for the 7 purpose of implying the advertiser to be so engaged. 8 Every person, firm or corporation in legal possession of a 9 valid Business License to engage in the business of plumbing shall 10 have the firm name and address painted on all vehicles used by 11 such firm for the carrying on of the business of plumbing. 12' SECTION THREE: Exceptions. That the said Plumbing Code is 13. hereby amended by adding thereto a new Sub-section (e) to Section 14. 2.13 and adding a new section entitled Section 2.16 as follows: 15. 2.13 (e) BUSINESS LICENSE REQUIRED. Before any Plumber's 16 Business License shall be issued to any person, firm or corpora- 17 tion, the applicant shall first obtain and file with the City of 18 San Bernardino a surety bond in the amount of one thousand 19 ($1000.00) dollars. Said surety bond shall first be approved by 20 the City Attorney as to the form and legality thereof and be con- 21 ., ditioned that the applicant will faithfully discharge his duties 22 in carrying on of said plumbing business, will pay all fees and 23 charges herein provided for, and will, in all respects obey each 24 and all of the provisions and conditions contained in the Code. 25 Such bond shall contain the further provisions that the same inures 26 to the benefit of any and all persons who may be damaged by reason 27 of any failure of such person, firm or corporation to comply with 28 the provisions of this Code, and that such persons so damaged may 29 maintain action thereon against said person, firm or corporation 30 and the surety or sureties upon such bond to recover such damages. 31 2.16 No person shall advertise, sell or offer for use or . 32 sale, any water-treating chemical or substance, water-using or -5- ~ :) A. . . , 1 I water-treating chemical or substance, water-using or water-oper- 2 ated equipment, mechanism or contrivance, if the Health Officer 3 finds that the use of such chemical or substance equipment, mech- 4 anism or contrivance may cause contamination or pollution of the 5 domestic water system. Such devices may be permitted when equip- 6 pad with back-flow protection meeting the requirements of the 7 Uniform Plumbing Code. 8 SECTION FOUR: Validity of Ordinance. If any section~ sub- 9 section, sentence, clause or phrase of this Ordinance is for any 10 reason held to be unconstitutional, such decision shall not affect 11 the validity of the remaining portions of this Ordinance. 12 The Council of the City of San Bernardino hereby declares .it 13 would have passed this Ordinance and each section, sub-section, 14 clause or phrase thereof irrespective of the fact that anyone 15 or more sections, sub-sections, clauses or phrases be declared 16 illegal. 17 SECTION FIVE: Liability of City Official or Employee. This 18 Ordinance shall not be construed as imposing upon the City of San 19 Bernareino any liability or responsibility for damage from defect- 20 ive plumbing or drainage system, or the installation thereof, nor 21 shall the City of San Bernardino, or any official or employee 22 thereof be held as assuming any such liability or responsibility 23 by reason of the inspection authorized thereunder. 24 SECTION SIX: Revocation. The Mayor and Common Council of 25 the City of San Bernardino shall have the power, upon reoommenda- 26 tion of the plumbing inspector, to suspend or revoke the license 27 of any person violating the terms and provisions of said plumbing 28 code, provided that such suspension or revocation shall not be 29 ordered by said Mayor and Common Counoil without first holding a 30 publio hearing thereof and without giving reasonable notice of 31 suoh hearing to the person, firm or corporation so charged with 32 said violation. -6- ~'5 ~ ~ >. . . , I 1: 21 I 3' SECTION SEVEN: Repeal of Conflicting Ordinances. Ordinance No. 1793, Ordinance No. 1960 and all other Ordinances of the City of San Bernardino in conflict herewith are hereby repealed. 4 SECTION EIGHT: Repeal of Conflicting Ordinances. Ordinance 5 No. 1418 and its amendment thereto Ordinance No.' 1506 and all 6 other Ordinances of the City of San Bernardino in conflict with 7 Ordinance No. 2057 are hereby repealed. 8 I HEREBY CERTIFY that the foregoing Ordinance was duly adopt- 9 10 11 12 13 14 ed by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the ","jzt, day of 1955, by the following v~te~:~ /f:. AYES: ~r ' / NOES: ~ ABSENT:~ JACK T. FElTON, Rv::::"~~4:,...~ CITY CLSRK ~"7:r.. DEPUTY y C er approve the foregoing Ordinance this ~~ day of , 1955. , 15 16 17 18 19 20 21 22 23 Approved as to form /_~ 24 .>~~ UUST 26 C~Att,;;"~~~_._.. ------- .......-. ~/ I '~.~ t/. "\> Q; ~O~ ? ^ .~~ /'.' V -...... ;';- V\.:,' .......... '<,,1"0 -""v "". ~C'.' ....... Ii} . "I"" .....~~ 'lj. 27 28 29 30 31 32 -7-