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Ordinance 638 ../ ) .... ,,~ ) ORDINANCE NO. e)38 AN ORDINANCE OF THE CITY OF GILROY ADOPTING 1958 EDITION OF UNIFORM PLUMBING CODE WITH CERTAIN EXCE~TIONS, PROVID- ING FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY, THE QUALIFICATION AND REGISTRATION OF PERSONS ENGAGED IN THE BUSINESS OF PLUMBING OR ~BORING AT THE TRADE OF PLUMB- ING, REQUIRING A PERMIT AND INSPECTION FOR THE INSTALIATION OR ALTERATION OF PLUMBING AND DRAINAGE SYSTEMS, DEFINING CERTAIN TERMS, ESTABLISHING THE MINIMUM REGUIATIONS FOR THE INSTALLATION, ALTERATION OR REPAIR OF PLUMBING AND DRAINAGE SYSTEMS AND THE INSPECTION THEREOF; PROVIDING PENALTIES FOR ITS VIOIATION AND REPEALING CONFLICTING ORDINANCES. THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: Section 1. 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." Section 2. Plumbinq Official and Assistant. To provide for the administration and enforcement of this ",Ordinance, the office of Plumbing Official is hereby created. The City Council shall appoint the Plumbing Official and the necessary assistants to aid him in the discharge of the duties of his office. Section 3. The Enforcement of this Ordinance shall be Under the Supervision of the Division of Buildinq Inspection. When in this Ordinance the words "Plumbing OfficiaP' or JlPlumbing Inspectorll are referred to each of said words shall mean Building Inspector, his deputies and/or duly appointed assistants. Section 4. Duties of Plu.mbinq Official. 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, and duplicate copy of which shall be .maintained as a record of his office. (3) Inspect all plumbing and drainage work authorized by any per,mit to assure compliance with provisions of this Code or ~mendments thereto, approving or conde.mning said work in whole or in part as conditions require. (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. ~68 . -1.... (7) Investigate any construction or work regulated by this Code and issue such notices and orders as provided in Section 6 of thisordinance. (8) Keep a complete record of all the essential transactions of 1 his office. (9) Transfer all fees collected by him to the proper authority provided by law to receive such funds. (10) Maintain an official registerer of all persons, firms or corporations who have been duly licensed and are entitled under this ordinance to carry on or engage in the business of plumbing or to labor at the trade of plumbing. Section 5. 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 theyshall have the right of entry, during usual business hours, to inspect any and all buildings and premises in the performance of theirduties. Section 6. Dangerous and Insanitarjhconstruction. Whenever brought to the attention of the department having jurisdiction that any insanitary conditions exist or that any construction or work regulated by this code is dangerous, unsafe, insanitary or a menace to life, health or property or is in violation of this Code, the said departn:ent 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 maintaining any such condition or responsible for the use or maintenance there. of to discontinue the use of or .maintenance thereof or to repair, alter, change, remove or demolish same as he may consider necessary for tm 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 il ~de safe to life, health or property. Every such order shall be in writing, 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 period for which such construction can be safely used or maintained in the judgment of the Plumbing Official. Refusal, failure or neglect to comply with any such notice or order shall be considered a violation of this Code. Section 7. Violations and Penalties. Any person, firm or corp- oration 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 $500.00, or by imprisonment in the City or County Jail for not to exceed six months, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this Code occurs or continues shall be deemed to constitute a separate offence, and upon conviction them of shall be punishable as herein provided. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of any violation of any of the prOvisions of this Code. No per.mit presuming to give authority to violate or cancel the provisions of ...2... 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 f~om thereafter requiring the correction of errors in 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 city. Every permit issued by the Plumbing Official under the provisions of this Code shall expire by limiation and become null and void, if the work authorized by such permit is not commenced within 60 days from the 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 work can be recommended a new permit shall be first ootained so to do. RESPONSIBILITY OF PLUMBERS Section 8. General Requirements Before Doin9 Plumbing. It shall be unlawful for any person, firm or corporation to carry on or engage in the business of plumbing, or to labor at the trade of plumbing in the City of Gilr~ unless and until: (a) such person, firm or corporation Shall be duly licensed by the contractors state License Board of the State of California under classification 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 of said person, firm, or corporation, or of any plun:ibing operations and/or work 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 Ordi1lBnce No. 4521. known as the "License Ordinance." (c) ana shall have registered as hereafter provided by Section 9 of this ordinance. Section 9. Reqistration. Before any person, firm or corporation shall carryon, or engage in, the business of plumbing, or.labor in the trade of plumbing, including an apprentice, such person, firm or corpora- tionshall first register its nEme and address, together with such other information as the Department having jurisdiction may require. Section 10. License Required. tion shall carry on, or engage in, the it shall first procure a license so to the annual license fee imposed on such Before any person, firm or corpora.... business of plumbing, he, they or do from the City of Gilroy and pay business. Every applicant for a plumber's license, or license to do plumbing in the City of Gilroy, shall furnish proof that he is the lawful possessor of a valid license issued by the Contractorsl State License Board of the stateof California under t he classification of Plumbing and that such license has not been revoked or suspended, or that the applicanthas 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 -...3- the plumbing work of such person or firm and that such license has not been suspended or reveke. Section 11. 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 12. Revocation of License. No person holding a license of the City ef Gilroy to do plumbing shall lend such license to any other person, or allow any other person to do any plumbing, or drainage work, under any permit taken out in his name, except plumbers in his employ. A violation of this Section shall be grounds for the revecation ef such person's license by the Department having j~risdiction, in addi- tion to making other penalites provided by this ordinance. Section l3. 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 carrying on the business of plumbing, or to use the werds "Mast~rPlumber:, l'Plumber", or "Plumbing" in any advertising, or to display or ~~e a sign having similar import for the purpose of implying the advertisor to be lawfully so engaged. Section 14. Licensee Responsible for Empleyees. Any person, firm, or corporation licensed to do plumbing under the provisions ef this ordinance shall be responsible fer the work of any unlicensed person, or persens, employed by l'iim, them, or it. PERMITS, INSPECTIONS, TESTS section l5. Permit Required. It shall be unlawful for any person firm or corporation, whether ccting as principal, servant, agent or employee to do, or cause or permit to. be done any gas piping, plumbing or drainage work for which a per.mit is required without first securing such a Permit from the Plumbing Official authorizing him so to. do. Section 16. Work Not Requirinq Permit. No permit shall be required in the case of any repair work as follows: The stopping of leaks in drai~ soil waste or vent pipe, provided, hewever, that should any trap, drain pipe, seil waste or vent pipe be or become defective and it becomes 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 made as hereinbefore provided. No permit shall be required for the clearing of stoppages, or the repair~ng of leaks in pipes, valves or fixtures, when such repairs do not involve or require the replacement or rearranqe.ment of valves,pipes, or fixtures. Section 17. Persons to Whom Permits shallbe Issued. (a) No permits Shall be issue4 to any person, firm er corpora- tion doing, or causing to be done, any construction or work regulated by this code, except to a person, firm or corpora.... tion holding a valid unexpired and unrevoked license, as required by Section 10 ef this code, fromthe City of Gilrey to de plumbing, except when and as otherwise hereinafter provtded in this Section. (b) Any Permit required by this Cede may be issued to any person to do any construction or work regulated by this Code in a Single family dwelling used exclusively for living purposes, ....4.... including the usual accessory buildings and quarters in connection with such buildings in theevent that any such person is the bonafide owner of any such dwelling and accessory buildings and quarters, and that the same are occupied by or designated to be occupied by said owner, provided that said owner shall personally ~eliase all material and shall personally perform all labor in connec- tion therewith. (c) No plumbing or drainage work for which a Permit is reqUired shall be commenced in any building or premises until a Perm- :citto do such work shall have been first obtained. Section 18. Sections No. l.ll to 1.14 inclusive, of the Uniform Plumbing Code, 1958 edition, adopted by Western Plumbing Officials Associa~n at thetwentyeighth annual conference, in September, 1957, and all of Chapter I of Part Two of said Uniform Code, and all of Sections 201 to l323 inclusive of said Code, are hereby adopted and made a part of this ordinance, the same as if fully set forth herein,ezcept in the following particulars: (a) The defination of IIjourneyman plumberll as set forth in said Uniform Plumbing Code is not a part of this Ordinance and instead the term IIjourney:man plumberll as used in thisOrdinance shall be and is defined as meaning and designating a person who installs, removes, alters and/or repairs plumbing and drainage systems, or parts thereof, as an employee of a person, firm or corporation who has been duly licensed by the City of Gilroy to engage in the plumbing business and to plumb in the City of Gilroy,~ut Who does not furnish any ,materials or supplies." (b) The defination of IIplumbing" as set forth in said Uniform Plumbing Code is not a part of this ordinance and iBtead the term "plumbing" as used in this ordinance shall be and is defined as meaning the business, trade and discharge of work having to do with the installation, removal, alteration, and/or repair of plumbing and drainage systems or part thereof, and shall include water piping, water treating or using equipment, gas piping, water heaters and vents forsame, but shall not include work incidental to the forgeoing, such as ditch digging or excavations, or other work or constructions which ,may be incidental to plumbing as hereinbefore defined, but not actually a part of any piping, equipment, or fixtures" (c) There is hereby added to Section 1101 of said Uniform Plumb- ing Code and .made a pa~t of this ordinance a subsection to be known as (g) to read as follows: (g) Where the installation of private se..ge disposal systems is under the jurisdiction of a department other than the plumbing official, the provisions of this Code relating to private sewage disposal systems need not apply. Section 19. If any section, subsection, sentence, clause, phrase or portion of this code is for any reason held to be invalid or unconsti- tuitional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code. section 20. This ordinance shall take effect and be in full force thirty days from and after its adoption and approval. -5- Section 21. Repeal. Ordinance No. 490 of the city of Gilroy and all ordinances and parts of ordinances in conflict herewith or incons.... istent with the provisions of th:is ordinance are hereby repealed except that this repeal shall not affect or prevent the prosecution or punish.... ment 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. PASSED AND ADOPTED this 17th day of October I 1960, by the following votes: AYES: COUNCIL MEMBERS: Goodrich,Jordan,Pate,Petersen, and Sanchez. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Rush, and Wentworth ATTEST: AU4.A!tlH1U ,r APPRdj k ! ~. . .. Ma~ fell . "'i .'. a... t..f'TU:'_,/ city (l:lerk -6- \ +- , .. I, Susanne E. Payne , City Clerk of the City of Gilroy, au hereby certify that the attached Ordi- nance No. 638 is a urue and correct copy of the whole of such Ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 17th day of October , 19~, at which meeting a quorum was present. I further certify that the said ordinance has been pub- lished in accordance with the charter of the City of Gilroy. IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed the official seal of the City of Gilroy, this 18th day of October , 19.QiL. ,/' /J .C~ 6:"r~ Ci'ty Clerk Qf ' e C::.ty' bf ~lroy'