Borough of Shillington, PA LICENSING OF PLUMBING AND MECHANICAL CONTRACTORS

[Ord. 1035, 5/5/2005, § 2]

Plumbing and Mechanical Board of Standards. There is hereby established a Plumbing and Mechanical Board of Standards (hereinafter called "the Board") whose members shall be appointed by Borough Council. The Building Code Official shall serve as liaison officer to the Board and shall attend all meetings.

Membership. The Board shall consist of five members of whom two shall be master plumbers and three members shall be from the HVAC service industry, the air conditioning and refrigeration industry, the HVAC engineering profession, the electrical trade, or an instructor or administrator of an institution of vocational training.

Term of Office. The appointed members of the Board shall serve for a term of four years in such a manner of original appointment that the terms of two members shall expire on December 31 of year one and the terms of the remaining three members shall expire on December 31 of year three.

Meetings of the Board. The Board shall hold its first meeting not later than 90 days after the effective date of this Part, and thereafter the Board shall meet at such intervals as may be necessary for the performance of its duties; providing however, that normal meeting dates shall be the second Wednesday of January, April, July and October of each calendar year.

Function of the Board. The Board shall make all reasonable recommendations pertaining to amendments to the International Plumbing Code [Chapter 5, Part 6] and the International Mechanical Code [Chapter 5, Part 4] of the Borough of Shillington for Borough Council's consideration, and if adopted by Borough Council for review and approval by the Pennsylvania Department of Labor and Industry. The Board shall also make reasonable rules and regulations governing its procedures, and similarly establish standards and procedures for the qualifications, examination and licensing of master plumbers, journeyman plumbers, mechanical contractors, mechanical journeyman, appliance contractors and installers, and fire sprinkler installers. The Board shall recommend qualified applicants for issuance of license to the Building Code Official. In addition, said Board shall convene for the purpose of holding hearings concerning the suspension and/or revocations of licenses herein after provided. There shall be a quorum of three members in attendance in order for the Board to conduct business.

Licenses. All persons engaged in plumbing, heating, cooling, appliance contractor and installer, and fire sprinkler contractor and installation work as defined and covered by this Part are required to be licensed and shall operate within the limitations of their respective licenses. It shall be unlawful without license for any person, firm or corporation to, or cause to, install, construct, erect, alter, repair, improve, convert, move, use or maintain any plumbing or mechanical system within the Borough.

General License Information. License fees shall be established by a resolution of Borough Council and reviewed annually.

(1)

All licenses covered under this code shall be issued annually and shall expire on December 31.

(2)

All licenses may be renewed upon timely application. If the holder of a license fails to renew said license within a five-year period, the full license fee must be paid for the years that the license was not renewed before a new license shall be issued. Any holders renewing the license after the fifth consecutive year of non-renewal shall be required to pass an examination issued by the Board.

(3)

All license and examination fees must be paid to the Borough of Shillington prior to the issuance of said license or examination and are nonrefundable.

(4)

Application for an initial license of whatever class shall be made in writing and shall furnish such information as the Board may require.

(5)

Applicants for an initial license of whatever class shall pass with a grade of 70% an examination administered by the Board.

(6)

The Board shall appoint a proctor for conducting the licensing examinations for all classes of licenses herein described.

Qualifications for Obtaining a License.

(1)

Master Plumber License. All applicants for a master plumber license shall:

(a)

Hold a valid journeyman plumber license.

(b)

Shall have been employed as a journeyman plumber by a registered master plumber for at least two years.

(2)

Journeyman Plumber License. All applicants for a journeyman plumber license shall be employed by a registered master plumber and registered with the Pennsylvania Bureau of Apprenticeship Training, Department of Labor. The applicant shall have completed at least four years of approved apprenticeship training, been instructed in subjects related to the trade not less than 216 hours per year during the four-year apprenticeship and have been approved by the local apprenticeship committee according to national apprenticeship standards, or while employed by a registered master plumber and registered with an apprenticeship training program comparable to the foregoing program, the applicant shall have completed at least four years of approved apprenticeship training in such program, or shall have served an apprenticeship of not less than eight years under the supervision of a registered master plumber.

(3)

Apprentice Plumber. Apprentice plumbers shall be employed by a registered master plumber and shall be registered with the Pennsylvania Bureau of Apprenticeship Training, United States Department of Labor. Apprentice plumbers shall not be permitted to install plumbing, heating, or house drainage work unless under the supervision of a registered master plumber.

(4)

Mechanical Contractor License. All applicants for a mechanical contractors license shall:

(a)

Hold a valid mechanical journeyman's license.

(b)

Shall have been employed as a mechanical journeyman by a registered mechanical contractor for at least two years.

(5)

Mechanical Journeyman License. All applicants for a mechanical journeyman license shall be employed by a registered mechanical contractor and registered with the Pennsylvania Bureau of Apprenticeship Training, Department of Labor. The applicant shall have completed at least four years of approved apprenticeship training, been instructed in subjects related to the trade not less than 216 hours per year during the four-year apprenticeship and have been approved by the local apprenticeship committee according to national apprenticeship standards, or while employed by a registered mechanical contractor and registered with an apprenticeship training program comparable to the foregoing program, applicant shall have completed at least four years of approved apprenticeship training in such program, or shall have served an apprenticeship of not less than eight years under the supervision of a registered mechanical contractor.

Reciprocal License. A reciprocal license may be issued if the applicant holds an equivalent license from a first, second or third class city of the United States, issued by an equivalent board of examiners, whose qualifications and standards are equal to that of the Borough of Shillington, and shall have paid to the prescribed fee pursuant to a written application.

Retired License.

(1)

All licensees, upon retirement from business, shall surrender said license to the Borough of Shillington. Upon receipt of a written request to the Board, a license covered under this Part may be fully reinstated within a period of five years.

(2)

If the holder of a retired license wishes to reactivate the retired license within the five-year period, the full fee must be paid for the current year plus the years that the license was retired.

(3)

All persons reactivating a retired license after the fifth year of retirement shall be required to pass an examination administered by the Board.

Conditions and Provisions for Maintaining a License.

Applicant shall secure a license within 30 days of examination result notification.

It is prohibited for any licensee to allow the use of said license by any other person or to obtain a permit for work to be performed by an unlicensed person.

All persons licensed under this Part shall give immediate notice of any change in address or in place of business.

Prior to the issuance of a master plumber's license or a mechanical contractor's license, the applicant shall submit to the Borough of Shillington a certificate of insurance establishing that the master plumber or mechanical contractor is currently insured by a reputable insurance company covering said master plumber or mechanical contractor for property damages in the amount of not less than $50,000 for any one claim, and not less than $100,000 for multiple claims arising from the same undertaking, as well as public liability insurance in the amount of not less than $100,000 for any one claim and not less than $300,000 for more than one claim arising out of the same undertaking. The Pennsylvania League of Cities and Municipalities' requirements went into effect on August 31, 1993. Act 44 requires the submission to the municipality of "proof of workers' compensation insurance" or an affidavit that insurance is not required before issuing a permit. Said certificate shall be for continuous coverage unless cancelled by said insurance company at which time the Borough of Shillington shall be notified in writing by said insurance company.

Suspension or Revocation of a License.

The Board may suspend or revoke any license issued in conformity with this Part in the event said license was partially or wholly procured by or through non-disclosure, misstatement or misrepresentation, or for repeated violations of this Part, the International Plumbing Code [Chapter 5, Part 6], the International Mechanical Code [Chapter 5, Part 4], or the International Residential Code [Chapter 5, Part 7], or if a previously imposed penalty shall not have been met with full compliance. Repeated violations is hereby defined as a minimum of three separate offenses under this Part within a calendar year for which the licensee or offender has either admitted the violations to the Borough, plead guilty or has been found guilty by a District Justice or other court of competent jurisdiction.

The Board, prior to invoking a suspension or revocation of a license, shall first cause to be served upon said licensee by a personal service or certified mail, a written notice of suspension or revocation of the license, as the case may be, setting forth in specific terms and language the nature of the repeated violations, the times thereof and places of occurrence. Said written notice shall also set forth a place, date, and time where the licensee may appear at a hearing before the Board, with counsel if desired, to hear sworn testimony as to the repeated violations the licensee is alleged to have committed and for which his/her license is subject to suspension or revocation, as the case may be.

Licensee or his/her counsel shall be permitted to examine any witness giving testimony against him/her as well as being given the privilege of offering testimony or other proof or exhibits as a defense or rebuttal to allegations. The hearing before the Board shall not require recordation, shall be informal in nature, and shall not occur less than 30 days or more than 90 days from the date of the service of the written notice upon the licensee. The decision of the Board shall be rendered in writing not more than 30 days from the conclusion of the hearing and shall be served upon licensee in the same manner provided herein for service of the written notice of hearing. In the event licensee or counsel fail to appear at the place, date, and time fixed for a hearing, the Board shall nevertheless convene for the purpose of hearing evidence and/or testimony in order to arrive at its determination pursuant to the within provisions. Notice of the Board's decision shall be served on the licensee as herein above set forth just as if licensee and/or his/her counsel had appeared at the hearing.