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HomeMy Public PortalAboutORD09142 41C BILL NO. INTRODUCED BY COUNCILMEN ,�i . ,ju i ORDINANCE NO. (�, (I AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , PRESCRIBING A NATIONAL PLUMBING CODE, PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT THEREOF, CREATING THE OFFICE OF PLUMBING INSPECTOR, PROVIDING FOR THE APPOINTMENT, TERM OF OFFICE, QUALIFICATIONS, BOND, POWERS, AND DUTIES THEREOF, THE ISSUANCE OF LICENSES TO PLUMBERS, EXAMINATIONS THEREOF, CREATING A PLUMBING BOARD OF REVIEW, REGULATING ALL PLUMBING WORK AND THE INSPECTION AND MAIN- TENANCE IN BUILDINGS OF ALL PLUMBING SYSTEMS , PROVIDING FEES TO BE CHARGED, PROVIDING A PENALTY FOR VIOLATIONS, PROVIDING ORDINANCESNOROHN" N theOCITYNOFAJEFFERSON,CLAUSE, and REPEALING BE IT ORDAINED BY THE CITY COUCNIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: SECTION 1. 0. ADOPTION OF A PLUMBING CODE There is hereby adopted by the City Council of the City of Jefferson, Missouri, for the purpose of designing and the installation of plumbing systems, including sanitary and storm drainage, sanitary facilities, water supplies, storm water and sewage disposal in or adjacent to buildings, the 1978 BOCA Basic Plumbing Code (see attached booklet) . This ordinance shall be known as the plumbing code of the City of Jefferson, Missouri, may be so cited, and will be referred to in this ordinance as the Plumbing Code. SECTION 2. 0. PLUMBING INSPECTION The administration and enforcement of this ordinance shall be the responsibility of the Director of Code Enforcement or his designated representative, the Plumbing Inspector, who is hereby authorized to take such action as may be reasonably necessary to enforce this ordinance. SECTION 2. 1. QUALIFICATIONS OF PLUMBING INSPECTOR The Plumbing Inspector shall be over twenty-one (21) years of age. He shall be a person of good moral character and physically able to carry out all of the provisions of the plumbing code. The Plumbing Inspector shall have had six (6) years of practical experience in the plumbing trade, and be a certified journeyman plumber, but shall not be actively engaged in the plumbing business nor associated with the operations of any person, firm or corporation engaged in the plumbing business. SECTION 2. 2. APPOINTMENT OF THE PLUMBING INSPECTOR The Plumbing Inspector shall be appointed by the Mayor with the consent of a majority of the members of the City Council. Applicants for the position shall be interviewed by the Director of Code Enforcement prior to confirmation and approval of the City Council. SECTION 2. 3. PLUMBING INSPECTOR'S BOND The Plumbing Inspector shall be required to give bond in the sum of One Thousand ($1,000.00) Dollars conditioned upon the faithful performance of his duties. SECTION 2. 4 . DUTIES OF THE PLUMBING INSPECTOR ® It shall be the duty of the Plumbing Inspector to enforce I the provisions of the Plumbing Code and to make all inspections that are required thereunder, and to issue all permits, collect 1iall fees and keep all records required under this ordinance. The Plumbing Inspector shall also have the duty to perform all tasks and services delegated to him by other ordinances, the ji Director of Code Enforcement, or other supervisory personnel. I i i �i SECTION 3.0. BOARD OF REVIEW AND EXAMINERS There is hereby created and established a Board of Plumbing jj Review and Examiners commonly referred to as the Plumbing Board. Said Board shall consist of six (6) members; one of whom shall be a member of the City Council; one of whom shall be the Plumbing Inspector of the City of Jefferson, who shall be ex- officio chairman of said Board; two of whom shall be Master Plumbers actually engaged in the work of plumbing, with each having at least five (5) years practical experience; and two (2) of whom shall be Journeyman Plumbers, actually engaged in the work of plumbing, with each having at least five (5) years practical experience. All members of said Board shall be appointed by the Mayor of the City of Jefferson, with the approval of the majority of the City Council. SECTION 3. 1 . TERM OF OFFICE OF BOARD MEMBERS The term of office and appointment of all members of the Plumbing Board shall be for a period of one (1) year, and they i shall serve without pay. SECTION 3. 2. DUTIES OF THE BOARD OF REVIEW 3. 2.1. The Board of Review shall be charged with the responsibility of acting on grievances referred to their Board by an applicant for a plumbing permit, the holder of a plumbing ® permit, or the owner, and/or agent of a building or structure wherein plumbing work is to be installed. Such referral shall be an appeal from the decision of the Plumbing Inspector or his authorized agent or representative, refusing to grant a modification of provisions of the Plumbing Code covering the installation or materials to be used in the installation. Appli- cation for appeal will be received by the Director of Code En- forcement of the City of Jefferson, or his authorized repre- sentative, when it is claimed that: (a) The true intent of the Plumbing Code or the rules adopted thereunder have been incorrectly interpreted. (b) The provisions of the Plumbing Code do not fully apply. At such time as the Board of Review meets to act on such an appeal, the Plumbing Inspector shall not have a vote. If one of the members of said Board is the appellant, he shall not have a vote. A simple majority of those voting members of the Board shall constitute a qualified decision. In the event the voting members of the Board are evenly divided, the decision of the Plumbing Inspector shall be affirmed. SECTION 3. 3. MEETINGS OF BOARD OF REVIEW The Board of Plumbing Review and Examiners shall meet at such intervals as may be necessary for the proper performance of its duties, upon call of the Board Chairman, but in any case not less than twice a year. Minutes of all meetings will be kept on file. The Board of Review shall review the Plumbing Code at least once a year. They shall transmit to the City Council any and all recommendations and/or changes that are necessary to update the Plumbing Code. Three members of the Plumbers Examination Committee must be present at every examination. SECTION 4. 0. LICENSES No person, firm or corporation shall engage in the business of plumbing in the City of Jefferson, unless licensed as a Plumbing Contractor. Each person, firm or corporation engaged • in the business of plumbing shall be or have in its employ at least one (1) Master Plumber. The business of plumbing shall mean the supplying of labor and materials for plumbing work. No person, firm or corporation shall cause any plumbing work to be done, altered or repaired by an apprentice plumber unless the apprentice plumber works directly under the supervision of a licensed Master Plumber or a licensed Journeyman, except as provided in Section 6. 1. - 2 - it I No person who has obtained a Plumbing Contractor' s license ? shall allow his name to be used by another person for the pur- pose of obtaining permits, or for doing business or work under his license. Every person licensed shall notify the Board of the address of his place of business , if any, and the name under which such business is operated, and shall give immediate notice to the Board of any change in either. SECTION 4 . 1. APPLICATION FOR LICENSE, CONTENTS Every person desiring to be licensed as a Plumbing Con- tractor shall make written application to the Board of Plumbing Review and Examiners. No examination is required. Every per- son desiring to be licensed as a Master Plumber or a Journeyman Plumber shall make a written request to the Board of Plumbing Review and Examiners. Such application shall contain the name, business name and address of the applicant and be accompanied by an examination fee of forty ($40. 00) dollars. Upon receipt of the written application requesting an examination for a Master Plumber' s license or a Journeyman Plumber' s license, the Board shall give to the applicant an examination at a place and time to be designated by the Board and the applicant shall be notified at least ten (10) days prior to the date. Examin- ation dates are to be four (4) timesyearly: January, April, July and October. Applicants for examination for a certificate of competency as a Master Plumber shall furnish the Board with evidence of at least two (2) years experience as a certified Journeyman Plumber, or equivalent experience satisfactory to the Board. Applicants for examination for a certificate of competency as a Journeyman Plumber shall provide the Board with evidence of at least four (4) years experience as an Apprentice Plumber under the supervision of a certified Master Plumber, or such equivalent experience satisfactory to the Board, and a certi- fied statement as to his apprenticeship, or such equivalent experience. SECTION 4 . 2. FEES FOR LICENSE A fee of seventy-five ($75. 00) dollars is required to obtain a Plumbing Contractor' s license. This license is renewable annually for a fee of seventy-five ($75. 00) dollars and said license shall be renewable during January of the following calendar year. The calendar year of each licensing period ends on December 31. The Board of Plumbing Review and Examiners shall issue a Master Plumber' s license or Journeyman Plumber' s license to an applicant after he successfully passes the re- quired examination and the necessary payment of ten ($10. 00) dollars is paid to the Plumbing Inspector. Said license shall be a permanent license subject only to the revocation section hereof. SECTION 4 . 3. EXAMINATIONS FOR LICENSES The Board of Plumbing Review and Examiners shall establish standards and procedures for examination, licensing of Master Plumbers and Journeyman Plumbers, and shall issue an appropriate license to each person who meets the standards therefor, and successfully passes the examinations given by the Board. Said examinations shall be in two (2) parts: (a) A test of knowledge of the theory of the trade (b) A test of skill in the practice of the trade The examination shall be of a basic and elementary character but sufficiently strict to test the qualifications of the appli- cant. The Board shall grade said examination and notify each applicant of the grade he made within ten (10) days of the taking of the same and issue the appropriate license concurrently there- with. The Board shall keep on file, a copy of all examinations and results thereof. No examination is required for an appren- tice permit. 3 - ii i� SECTION 4 . 4. RE-EXAMINATIONS it Any person who fails to pass an examination as prescribed 4� by the Board may apply for re-examination after the expiration of one hundred and twenty (120) days upon payment of a regular ! examination fee. j i SECTION 4. 5. TEMPORARY LICENSES The Board may issue a temporary license as either a Master Plumber or Journeyman Plumber pending examination, pro- viding the applicant holds a similar license from a municipality having an examination as strict or stricter than those herein contained. Such permit shall be valid until the date of the next examination, and no longer, and shall be fee free. SECTION 4 . 6. APPRENTICE LICENSE AND REQUIREMENTS It shall be mandatory for an Apprentice Plumber to acquire a yearly temporary permit from the Plumbing Inspector for the fee of five ($5. 00) dollars. This temporary permit shall be renewable in January of each calendar year. Each application for temporary Apprentice permit shall contain the name, home address and telephone number, and the number of hours of work performed, also the employer' s name and address. SECTION 4. 7 . LICENSES, SUSPENSION OR REVOCATION The Board of Plumbing Review and Examiners may suspend or revoke any license if obtained through false pretenses or when charges are preferred against the licensee by the Plumbing In- spector and the Board finds that the person charged is incom- petent or had willfully violated the provisions of this ordinance Before any action is taken by the Board, the person charged shall be given at least ten (10) days notice of the time and place of a formal hearing on said charges and the person charged shall be appraised of the nature of the charges preferred against him. The person charged shall be given the opportunity to appear, in person or with an attorney of his choice, in order that he may be heard, and he shall have the burden of showing cause why his said license should not be suspended or revoked. The Board shall render its decision within five (5) days. The decision shall be final. No appeal shall be allowed there- from. The decision of the Board may permit the person charged to continue his trade and act as a dismissal of said charges , or the Board may suspend the license of the person charged for such period as to the Board seems proper under all of the facts and circumstances, or the Board may permanently revoke the license of the person charged. Any person whose license shall have been revoked as above shall not be permitted to apply for a re-issuance of said license or any other hereunder, for a period of one (1) year after said revocation, and then said license shall be re-issued only after an examination as herein provided for applicants for license. SECTION 5. 0. MASTER PLUMBER'S BOND Before the issuance of a certificate of competency to a contracting Master Plumber, or the registration of a plumbing contractor, he shall file a surety bond for not less than the sum of two thousand ($2 ,000.00) dollars, conditioned that he will indemnify and keep harmless the City of Jefferson from all liablity, from any accidents or damages arising from negligence or unskillfulness in doing or protecting his work, or for any unfaithful or inadequate work done in pursuance of his license, and that he will also restore the street, side- walk pavement or other public property or right-of-way, and fill all excavations to be made by him, so as to leave said sidewalk, street, pavements or other public property or right- of-way in as good shape or condition as he found them and indemnify and keep the City harmless from damages suffered by his failure to do and keep and maintain them in good re- pair in accordance with Public Works Department standards and specifications of the City of Jefferson, Missouri, for a period of one (1) year next thereafter, and that he will pay all fines set forth in this ordinance. 4 - ii SECTION 6. 0. PERMITS No plumbing work shall be undertaken prior to the issuance of a permit therefor by the Plumbing Inspector. A permit shall be issued to a licensed plumbing contractor except as provided } in Section 6.1. SECTION 6. 1. HOMEOWNERS PERMITS A permit may be issued to any person to do work in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings, provided that the person is a bona fide owner of such dwelling and that the same will be occupied by said owner for a period of not less than one (1) year and that said owner shall personally purchase all materials and perform all labor in connection therewith, and that the applicant shall file an affidavit certifying that these conditions are correct before the issuance of the permit. Work performed under any permit shall be subject to all applicable regulatory provisions of this Code. SECTION 6. 2. PERMITS NOT REQUIRED FOR SOME REPAIRS Repairs involving only the working parts of a faucet or valve, the clearance of stoppage, repairing of leaks, or replacement of defective faucets or valves may be made without a permit provided no changes or additions are made in the piping to the fixture. SECTION 7. 0. PLANS AND SPECIFICATIONS No permit shall be issued until plans and specifications showing the proposed work in necessary detail have been sub- mitted to the Plumbing Inspector and he has determined from examination of such plans and specifications that they give assurance that the work will conform to the provisions of this code. If a permit is denied, the applicant may submit revised plans and specifications without payment of additional fees. If, in the course of the work, it is found necessary to make any change from the plans and specifications on which a permit has been issued, amended plans and specifications shall be sub- mitted and supplementary permits, subject to the same conditions applicable to the original application for permit, shall be issued to cover the changes. SECTION 8. 0. APPLICATION FOR PERMITS Application for a permit for plumbing work shall be made on suitable forms provided by the Plumbing Inspector. The appli- cation shall be accompanied by fees in accordance with the following schedule of fees: 8. 0.1. FEES For Fee Each plumbing fixture or waste-discharge with its waste, water and vent connection------------------- $1.00 New or reconstructed sewer connection---------------- 1. 00 Construction or reconstruction of sewage soil absorption system or sewage filter system---------- 1. 00 Each septic tank------------------------------------- 1. 00 Each water heater or softener------------------------ 1. 00 Each water distribution system or service connection- 1. 00 Repair or alteration of any plumbing system---------- 1. 00 Any permit requiring inspection, minimum fee--------- 5.00 One ($1. 00) dollar per item shall be charged for the first twenty-five (25) items; seventy-five ($.75) cents per item shall be charged for each additional item over twenty-five (25) . 5 - if 8 .0. 2. DISPOSITION OF FEES All fees for Plumbing inspections as provided for in this j ordinance known as the Plumbing Code, shall be collected ' by the Plumbing Inspector, and said Inspector shall issue receipts in duplicate, one to be given to the plumber paying the fee, and the other to be filed for record with the City Clerk. All fees collected shall be paid to the City Collector to the credit of the General Revenue fund. SECTION 9 .0. RULES AND REGULATIONS The City Council shall make such rules and regulations in furtherance of the purposes of this code and not inconsistent with the specific provisions thereof, for the installation, repair or alteration of air-conditioning systems, water-treatment equipment, and water-operated devices as may be deemed necessary to properly protect the water supply system. SECTION 10. 0. IDENTIFICATION OF INSPECTOR The Plumbing Inspector shall prepare and carry sufficient identification and shall exhibit same before entering any pre- mises for the purpose of inspecting any plumbing system at such time as may be reasonably necessary to protect the public health. SECTION 11. 0. NOTICE FOR INSPECTION It shall be the duty of the holder of a permit to give a twenty-four (24) hour notice to the Plumbing Inspector when plumbing work is ready for inspection. SECTION 12. 0. CERTIFICATES TO BE ISSUED The Plumbing Inspector shall execute a certificate evidencing the inspection and approval of (1) the rough-in work, (2) con- cealed piping, and (3) of the completed plumbing system. Said certificate shall include among other things the name of permit holder, the number of permit authorizing the installation or alteration of the plumbing system, the dates and subject of in- spections and the signatures of the Plumbing Inspector following final inspection and approval of the completed plumbing system. SECTION 13. 0. PLUMBING VIOLATION NOTICES Notice of violations shall be written and mailed or de- livered by the Plumbing Inspector to the person responsible at the time inspection was made. A copy of such letter shall be kept on file by the Plumbing Inspector. SECTION 14 . 0. DEFECTIVE PLUMBING Wherever the Plumbing Inspector finds a defect in any plumbing or drainage work done in violation of the requirements of this or any ordinance in this City, he shall order the same to be taken out or corrected and made to conform thereto. The Plumbing Inspector shall investigate any cause of complaints entered at this office to the unsanitary condition of the plumbing in or about the City, and if on such investigation, the plumbing is found so, the Plumbing Inspector shall serve written notice on the owner, agent or tenant of said premises to pro- ceed within ten (10) days following receipt of notice to have plumbing corrected and placed in a sanitary condition. Any person so notified who neglects to file an appeal with the Board of Review within ten (10) days as specified, or fails to comply with the order of the Board of Review approving the action of the Plumbing Inspector, shall be deemed guilty of a misdemeanor. No plumbing now in use in any building, if condemned by the Plumbing Inspector, shall be taken out without the consent of . the owner thereof, unless a majority of the Board of Review so directs. An appeal from the decision of the Plumbing In- spector may be made to the Board of Review, and the decision of a majority thereof shall be final. - 6 - I SECTION 19.0. REPEAL CLAUSE, f Ordinance No. 8529, of the City, is declared to be, and ,r hereby repealed. All other ordinances or parts of ordinances in i , conflict with any of the provisions of this ordinance are hereby i repealed. f, �I SECTION 15. 0. LIABILITY FOR DEFECTIVE PLUMBING This ordinance shall not be construed to relieve from or lessen the responsibility or .liability of any party owning, operating, controlling or installing any plumbing, for damage caused by any defect therein. Nor shall the City of Jefferson, or any of its inspectors, including its Plumbing Inspector, be held as assuming any such liability by reason of the inspection authorized herein, or certificate of approval issued as herein provided. SECTION 16. 0. PENALTIES 16. 0. 1. Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of speci- fications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the City Council or by a court of competent jurisdiction, within the time fixed herein, shall severally for each violation and noncompliance respectively, shall be guilty of a misdeameanor, punishable by a fine of not less than $25.00 nor more than $1,000. 00 or by imprisonment for not less than thirty (30) days nor more than one hundred eighty (180) days or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such per- sons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise speci- fied, each ten days that prohibited conditions are maintained shall constitute a separate offense. 16. 0. 2. The application of the aforesaid penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION 17. 0. REPEAL OF CONFLICTING ORDINANCES All former ordinances or parts thereof conflicting or in- consistent with the provisions of this ordinance or of the code hereby adopted are caused to be repealed. SECTION 18. 0. VALIDITY The City Council hereby declares that should any section, paragraph, sentence, or word of this ordinance or of the code hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this ordinance independant of the elimination herefrom of any such portion as may be declared invalid. 20.0 SECTION %AXVX DATE OF EFFECT This ordinance shall take effect and be in force from and after its passage and approval. PASSE � D ? 117 97 APPROVED aL /1, 1?7 P si a i!1cf Council r ATTEST: ity Clerk �� 7 - AMENDMENTS TO THE PLUMBING CODE - BILL NO. 26 1. Strike last line of title and insert in lieu thereof: "an appeals process, providing for a validity clause and repealing Ordinance No. 8529, of the City of Jefferson. " 2. Add new Section as follows: t , "Section 19. 0. Repeal Clause Ordinance No. 8529, of the City is declared to be, and hereby repealed. All other ordinances or parts t, of ordinances in conflict with any of the provisions ' ?. of this ordinance are hereby repealed. " ,a. 3. Change present Section 19. 0. to Section 20. 0. x.�t i i G•