Ordinance 490
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. JMBING <R D I NANCE
CHAPTER I
~ THE CITY OF GILROY DOES ORDAIN AS FOLLOWS,
Section 10 Title. This ordinance shall be known as the
Uniform Plumbing Code, may be cited-as such and will be referred
to in this ordinance as, "this Code.1it .
Section 20 ~lumbing Qfficial and Assistanto To provide
for the administration and enforcement of this Ordinance, the
Office of Plumbing Official is hereby created. The Common
Council shall appoint the Plumbing Official and the necessary
assistants to aid him in the discharge of the duties of his office.
Section 30 The Jnforcement of this Ordinance Shall Be Under
The Supervision of the Building DeJ.?~rtment. When in this Ordinance
the words "Plumbing O_~ficial" or ttPlumbing Inspector" are referred
to, each of said words shall mean Building Official, his deputies
and/or duly appointed assistants.
Section 40 Duties of Pl~bing Officialo The Plumbing
Official shall maintain publiC office hours necessary to efficiently
administer the provisions of this Code and amendments thereto
and shall perform the fOllowing duties:
(1) Require submission of, examine and check plans
and specifications, drawings, descriptions, and/or
diagrams necessary to show clearly the Character,
kind and extent of plumbing work covered by
applications for a permit and upon approval thereof
shall issue the permit applied for.
(2) Collect all fees for permits issued as provided by
this Code, issue receipts therefor in duplicate,
the duplicate copy of which shall be maintained
as a record of his office~
(3) Inspect all plumbing and drainage work authorized
by any permit to assure complB nee with provisions
of this Code or amendments thereto, approving or
condemning said work in whole or in part as
conditions requireo
(4) Issue a Certificate of Approval for any work
approved by him.
(5) Condemn and reject all work done or being done or
materials used or being used which do not in all
respects comply with the provisions of this Code
and amendments thereto.
(6) Order changes in workmanShip and/or materials
essential to obtain compliance with all provisions
of this Code.
(7) Investigate any construction or work regulated by
this Code and issue ~mch notices and orders as
provided in Section 6 of this ordinanceo
(8) Keep a complete record of all the essential trans-
actions of his officeo
(9)
Transfer all fees collected by him to the proper
authority provided by law to receive such fundso
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(10) Maintain an official registerer of all persons,
firms or corporations who have been duly
licensed and are entitled under this ordinance
to carry 0n or engage in the business of
plumbtng or to labor at the trade of plumbingo
Section 59 Right of Entry~ The Plumbing Official and
Assistant Plumbing Officials shall wear an official badge and carry
credentials of his office, upon exhibition of which they shall
have the right of entry, during usual business hours, to inspect
any and all buildings and premises in the performance of their
duties.
Section 60 Dangerous and Insanitary Constructiono Whenever
brought to the attention of the department having jurisdiction
that any insanitary conditions exist or that any construction or
work regulated ~y this Code is dangerous, unsafe, insanitary or a
menace to life, health or property or is in violation of this
COde, the said department may request an investigation by the
Plumbing Official who, upon determining such information to be
fact, shall order any person, firm or corporation using or maintain"
ing any such condition or responsible for the use or maintenance
thereof to discontinue the use of or maintenance thereof or to
repair, alter, change, remove or demolish same as he may consider
necessary for the proper protection of life, health or property
and in the case of any gas pipe or piping may order any person,
firm or corporation supplying gas to such pipe or piping to
discontinue supplying gas thereto until such gas pipe or piping
is made safe to life, health or ~ropertyo
Every such order sLall be in writi.ng, addressed to the
owner, agent or person responsible for the premises in which such
condition exists and shall specify the .date or time when such
order shall be complied with, which time shall allow a reasonable
period in which such order can be complied with by the person, firm
or corporation receiving such order but shall never exceed the
maximum neriod for wLich such construction can be safely used or
maintained in the judgment of T;he Plumbi.ng OfficLll. Refusal,
failure or neglect to cc-mply with any such notice or order shall
be considered a violation of this Code.
Section 7. Violations and Penalties. Any person, firm
or corporation violating any of the provisions of this Code shall
be deemed guilty of a misdemeanor and upon conviction thereof
shall be puniShable by a fine of not to exceed $100.00, or by
imprisonment in the City or County Jail for not to exceed 30 days,
or by both such fine and imprisonment 0 Each separate day or any
portion thereof during which any violation of this Code occurs
or continues shall be deemed to constitute a separate Offense, and
upon conviction thereof shall be puniShable as herein provided.
The issuance or granting of a permit or approval of plans
and specifications shall not be deemed or c-nstrued to be a per-
mit for, or an approval of any violation of any of the provisions
of this Code. No permit presuming to giv3 authority to violate
or cancel the provisions of this Code shall be valid, except insofar
as the work or use which it authorizes is lawful.
The issuance of a permit upon plans and specifications
shall not prevent the Plumbing Official from thereafter requiring
the correction of errors iri said plans and specifications or from
preventing construction operations being carried on thereunder
when in violation of'this Code or of any other ordinance of the
Cityo
Every permit issued by the Plumbing Official under the
provisions of this Code shall expire by limitation and become null
and void, if the work authorized by such permit is not commenced
within 60 days from th~ date of such permit, or if the work
authorized by such permit is suspended or abandoned at any time
after the work is commenced for a period of 60 days. Before such
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work can be recommenced a new permit shall be first obtained so
to do.
CHAPTER II
RESPUNSIBILITY OF PLUMBERS
Section 80 General Requirements Before Doing Plumbingo
It shall be unlawful for any person, firm~ corporation to carry
on or engage in the business of plumbinG, or to la')or at the
trade of plumbing in the City of Gilroy unless and until:
(a) such person, firm or corporation shall be
duly licensed by th,9 C r-ntractor s State License
Board of the State of Califrrnia under classif-
ication of plumbing or shall have in his, their
or its employ a plumber who is licensed by the
Contractors state License Board of the State
of California under such classification who
shall at all times be in actual and active
charge rf said persrn, firm or corporation, or
of any plumbing operations ::ind/or wcrk thereof,
(b) and shall also have obtained from the License
Collector's of the City of Gilroy a city license
to perform or engage in the business of plumbing
in the City of Gilroy and pay the fee therefor
as set forth in Ordinance No. 152, known as the,
ltOrdinance License", Jt?~
(c) and shall have registered ,as hereafter-provided
by See tion 10 of Lds ordinance.
Section 9. .Registration. Before any person, firm or
corporation shall carryon, or engage in, tile business of plumbing,
or labor in the trade of plumbing, including an apprentice, such
person, firm or corporation shall first register its nams and
address, together 3ith such ot~er information as the Department
having jurisdiction may require.
Section 100 License Required. Before any person, firm
or corporation shall carryon, or engage in, the business of
plumbing, he, they or it shall first procure a license so to do
from the City of Gilroy and pay the annual license fee imposed
on such business.
Every app+icant for a plumbers license, or license to do
plumbing in the ~ity of Gilroy, shall furnish proof that he is the
lawful possessor of a valid license issued by the Contractors State
License Board of the State of California under the classification
of Plumbing and that such license has not been revoked or suspended,
or that the applicant has in its employ, or as a member of the firm,
a person who has been so licensed by the Contractors State License
Board who is actually in charge of the plumbing work of such person
or firm and that such license has not been suspended or revokedo
Section 110 Non-Transferability of License. No license
issued by the City of Gilroy to do plumbing, or engage in the
plumbing business in such City, shall be transferable.
Section 120 Revocation of Licenseo No person holding a
license of the City of Gilroy to do plumbing shall lend such
license to any other person, or allow any other person to do any
plumbing, or drainage 'NC'rk, under any permit taken out in his name,
except plumbers in his employ. A violation of this 3ection shall
be grounds for the revocation of s~lch per son t s license by the
Department having jurisdiction, in addition to making other penalties
provided by this ordinonceo
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Section 130 Display of Sign. It shall be unlawful for any
person, firm or corporation not in legal possession of a valid
City of Gilroy license to do plumbing, to engage in, carryon,
or represent himself, themselves or itself, as engaged in or
carry-'ng on ~che business of plumbing, or to use the words
"Master Plumber", "Plumber", or "Plumbing" in any advertising, or
to display or expose a sign having similar import for the purpose
of implying the advertisor to be lawfully so engaged.
Seetion 14. Licensee Responsible for Employees. ,my
person, firm or corporation licensed to do plnmbing under the
provisions of this ordinance shall be responsible for the work of
any unlicensed person, or persons, employed by him, them, or ito
CHAPTER III
PERMITS, INSPECTIONS, TESTS
Section 15. Permit Required. It shall be unlawful for
any person, firm or corporation, whether acting as principal,
servant, agent or employee, to do, or cause or per~it to be done
any gas piping, plumbjng or drainage work for/hich a Permit is
required without first securing such a Permit from the Plumbing
Official authorizing him so to do.
Section 16. Work Not Requiring Permit. No Permit shall
be req ired in the case of any Tepair work as follows: The
stopping of leaks in drains, s~il waste or vent pipe, provided,
however, that should any trap, drainpipe, soil waste or vent
pipe be or become defective and it bec~mes necessary to remove
and replace the same with new material in any part or- parts, the
same shall be considered as new work and a permit shall be
procured and inspection m~de as hereinbefore provided. No Permit
shall he required for the clearing of stoppages, or the repairing
of leaks in pipes, valves or fixtures, when such repairs do not
involve or require the replacement or rearrangement of valves,
pipes, or fixt~res.
Section 170 Persrns To \Vhcm Permits Shall Be Issued.
(a) No permits shall be issued to any person, firm or
corporation doing, or causing to be done, any
construction or work regulated by this code, except
to a person, firm or corporation holding a valid
unexpired and unrevoked license, as required by
Section 11 ~f this code, from the City of Gilroy to
do plumbing, except when and as otherwise hereinafter
provided in this Section.
(b) Any Permit req'Jired by this Code may be issued to any
person to do any construction or work regulated by
this Code in a single family dwelling used exclusively
for -iving p~rposes, inCluding the usual accessory
buildings and (;uarters in connection ',lith such
buil~ings i~ the event that any such person is the
bonafide owner of any such dwelling and accessory
buildin~s and ~larters, and that the same are \
occupied by or designated to be occupied by said owner,
provided that said owner shall personally purchase
all material and shall personally perform all labor
in connection thereVli the
(c) No plumbing or drainage work for which a Permit is
required shall be comme'nced in any building or
premises until a Permit to do such work shall have
been first obtainedo
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Section'180 SectiQns Nos. 301 to 1519, inclusive,
of the "Unif0rm Plumbing COde",,1950, edition, adopted by
WESTERN PUJliIBING 0FFICIALS AS;3UCIATIGN at the twentieth annual
conference, uctober, 1949, excepting Sections Nos. 412 and 417,
are hereby adopted :(nd made a part rf this ordinance the same as
if fully set forth hereiDo
Section 19. Journeyman Plumber. Instead of Section No.
412 as set forth in the said "Uniform Plumbing COde", there
is hereby adopted and made a part of this ordinance the follrwing:
"Journeyman Plumber", as used in this Cede, :leans
a a person who installs, removes alters and/or repairs
plu Jing and drainage systems, or parts thereof,
as an employee of a person, firm or corporation who
has been duly licensed by the City rf Gilroy to engage
in the plumb~ng business and to plumb in the City of
Gilroy, but who does not f~rnish any mat~rials or
supplies".
Section 200 Plumbing. In the place and stead of Section
No" 417, as the same is set forth in the said "Uniform Plumbing
Code", th~re is hereby adopted aDe. made a part rf this ordinance
the following:
"Plumbing means the business, trade and disc:narg>::~
of work having to do with the insta:lation, removal,
al tera tion, ;.:md/or repair of plumbj_ng and Dra inage
systems or part thereof, ::md shall include wa ter
piping, water treating or using equipment, gas piping,
water heaters and vents fer same, but shall not include
work incidental to the foregcing,';oj lch as di tCJ:l digging,
or excavations, or 0ther \iork or constructions which
may be incidental to plumbin-; as hereinbefore defined,
but not actually a part of any piping, equipment, or
fixtures"o
Section 210 Effective Date. This ordinance shall take
effect and be in full force from and after its passage and approvalo
':t
Section 220 Repeal. All ordinances, and parts of ordinances,
in conflict here0ith on inconsistent with the provisions of this
ordinance are hereby repealed except that this repeal shall not
affect or prevent the prosectuion or punishment of any person for
any act done or committed in violation of any ordinance hereby
repealed prior to the taking of effect of this ordinance.
ADOPTED AND PASSED this
the fol10wing voteso
4th day of December
, 19509 by
AYES:
Councilmen: George M.Mason,J.H.Wentworth,
James B.Thomas,Dale D.Daniels
Carl W.Pate
Councilmen: None
NuES:
ABSENT,
Councilmen. ~Vld V.Stout ,
.~a~
Mayor
Al'TEST:
Q.G..~
City lerk
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