It shall be unlawful for any person to engage in the plumbing
business as a master or contracting plumber in the City and the two-mile
zoning jurisdiction without having first secured a license to do so
from the Building and Inspection Department. For the purposes of this
chapter, the areas within the City and within two-mile jurisdiction
of the City shall be collectively referred to as the "jurisdiction
of the City."
Each applicant for a license required by § 225-8.1 shall make application to the Building and Inspection Department on blank forms prepared and furnished by such department and indicating thereon whether the application is for a master plumber or a journeyman plumber license.
A.
As a member of the International Code Council, Inc., all examination
and testing examinations will no longer be administered by this jurisdiction.
Each applicant for a license required by the Building and Inspection
Department shall provide proof of an associated passed exam given
through the procedures set forth by the International Code Council,
Inc. All exam and testing information can be located on the internet
at iccsafe.org, under the contractor's testing section.[1]
B.
After completion of the exam, each applicant for a license required
by the Building and Inspection Department shall appear before the
Building and Inspection Department, and submit proof of passing examination
and testing of his/her education and competency as may be required
by such department.[2]
C.
Metropolitan licensee. The holder of a valid plumbing license issued
by a metropolitan city in the State of Nebraska will be accepted in
the City of Seward's jurisdiction without the examination requirements
listed previously in this section.
At the time of approval by the Building Official and the payment
of a license fee in an amount set from time to time by the City Council
for a master plumber, journeyman plumber, or apprentice plumber, the
Building Official shall issue the applicable license to do plumbing
work in the City, which shall be effective and valid through December
31 of each calendar year.
Prior to receiving a license under § 225-8.4, an applicant who has successfully passed the master's examination shall provide a certificate of insurance which provides combined coverage for bodily injury and property damage in a minimum amount of $300,000 and shall strictly comply with this code and any other ordinances of the City relating to the installation, alteration or repair of any plumbing system within the extraterritorial jurisdiction of the City.
At the time of approval by the Building Official, and the payment
of a license fee in an amount set from time to time by the City Council,
the Building Official shall issue a license to do sewer laying work
in the City, which shall be effective and valid through December 31
of each calendar year.
Any person who has been denied a license under the provisions
of this article may, within a period of 10 days, appeal the decision
of the Building Official to the City Council.
A.
A licensed master plumber who wishes to fully retire from the plumbing
trade may apply to the Building Official for a retired master plumber's
license. Upon such application and payment of renewal fees ordinarily
applicable to a master plumber's license, the Building Official may
grant such person a retired master plumber's license. The holder of
a retired master plumber's license shall not engage in any plumbing
activities for which a master's license is required under this
code. Nothing shall prevent the holder of a retired master plumber's
license from acting in the capacity of a journeyman under the requirements
of this article.
B.
The insurance requirements of § 225-8.5 shall not be required as prerequisite for the issuance, maintenance, or renewal of the retired master plumber's license.
C.
The holder of a retired master plumber's license may make application
to the Building Official for a reactivation of his/her status as a
master plumber. The Building Official may issue such master's
license upon compliance with the following:[1]
In the case of the death of the holder of a valid master's
license, the Building Official may issue a temporary master license
to the company or corporation at which such master plumber was employed,
if such company or corporation has in its employ an individual with
a valid Seward journeyman's license. Such license shall be valid
for a period of not more than six months and shall not be extended
to another member of the firm or corporation during such grace period.
Such temporary license shall be void if the company or corporation
to which the license is assigned fails to keep in its employ an individual
with a valid Seward journeyman's license.
Only a licensed master plumber shall be allowed to contract
for plumbing work in the jurisdiction of the City. At least one person
of the firm or corporation wishing to contract for plumbing work in
the jurisdiction of the City shall be a licensed master plumber. Licensed
journeyman plumbers in the employ of a licensed master plumber shall
be allowed to work unattended on jobs and may supervise, not to exceed
three apprentices.
Master and journeyman plumbing licenses under the provisions
of this Part 1 shall be effective and valid through December 31 of
each calendar year and shall not be assignable.
Before the expiration of any license issued from or by the Building
and Inspection Department, the holder may, upon payment of a renewal
fee in an amount set from time to time by the City Council for a master
plumber, journeyman plumber or apprentice plumber, make application
to the Building and Inspection Department for renewal of his/her license.
Failure to make application and pay the renewal fee for renewal of
a license before the expiration date thereof subjects the applicant
to pay the renewal fee plus an additional late fee in an amount set
from time to time by the City Council, up to and including 90 days
from such expiration date. If the application is filed and the fees
are paid in accordance with the above, the Building Official shall
issue a renewal of such license without examination unless there are
revocation or suspension proceedings in progress against such individual.
If the holder of a license fails to make application for renewal of
his/her license within 90 days from the expiration date, he or she
shall lose all rights of his/her license and proceed in the same manner
as if he or she had never held a license.
In addition to any penalty imposed for a violation of this article,
the Building Official may, at any time, revoke or suspend the license
of any plumber who neglects to carry out the provisions of this article
or refuses to be governed by such provisions in the prosecution of
his/her work.
The Building Official shall have the power to revoke, with just
cause, any license issued under this article. A license shall be revoked
immediately by the Building Official upon the conviction of the holder
thereof in a court of competent jurisdiction for the violation of
any laws of the state, this code or ordinances of the City relative
to the installation, repair, cleaning, or alteration in or to any
plumbing system.
A license issued pursuant to this article shall be revoked by
the Building Official when he/she finds that the holder is guilty
of one or more of the following:
A.
Fraudulent use of his/her license;
C.
Refusal to perform his/her work to the requirements of the law;
D.
Such other breaches of duty by the holder of the license as the Building
Official may find which cause an unsafe or unsanitary condition, contrary
to the intent and purpose of this article.
In cases involving violations of the provisions of this article
or any other law or ordinance of the City of Seward relating to contractor
licensing or permit requirements, the following notification procedure
shall be implemented by the Building Official prior to actual revocation
of a license:
A.
For the first violation of this article, a written notification shall
be sent by certified mail to the licensee informing him/her of the
violation and future recourse by the City.
B.
The second violation of this article shall cause the Building Official
to suspend the license for a period of one month and notify the licensee,
by certified mail, of the City procedures.
C.
The third violation of this article shall cause the Building Official
to revoke the license for a period of not less than six months and
not to exceed one year. The Building Official shall present his/her
case file to the City Council at the next regularly scheduled meeting
for enactment of temporary revocation proceedings.
D.
The fourth violation of this article shall cause the Building Official
to permanently revoke the license. The Building Official shall present
his/her case file to the City Council at the next regularly scheduled
meeting for permanent revocation.
In all cases involving revocation or suspension of a license
under this article, at least 15 days' notice of the contemplated
revocation or suspension shall be served upon the licensee, and such
notice shall indicate the time and place of the hearing, the general
grounds of the contemplated action, and shall advise the holder of
his/her right to appear at the hearing in person or by counsel for
the purpose of presenting his/her defense. In each case, the licensee
shall not continue to perform the duties associated with the privilege
of the license until the termination of the proceedings. This provision
shall be waived only if a court of competent jurisdiction issues a
temporary injunction against the City in such proceedings.
The Building Official shall make a complete record of the case involving any revocation or suspension of a license under this article and shall keep a written record of the testimony produced at the hearing held pursuant to § 225-8.17. He/She may request legal advice from the City Law Department and adopt such procedure for the decorum and the dispatch of business of such hearings as he/she may regard advisable.
The decision of the Building Official, at a hearing on the revocation
or suspension of a license under this article, shall be final. In
the case of a suspension of a license, the licensee's time in
grade for the particular license shall be suspended for the period
of suspension, and shall begin accruing again at the end of the suspension.
An adverse decision by the Building Official may be appealed to the
City Council by filing with the Clerk within 15 days from such decision
a written notice of the intention to appeal and request a hearing
before the City Council. The City Council, within 30 days of the filing
of such written notice, shall grant a hearing to the party appealing.
The revocation or suspension of a license shall not entitle the holder
to a refund of any part of the fee which he/she may have paid.
Whenever the Building Official deems it advisable, he/she may,
at his/her discretion, issue a special master plumbing license to
any plumbing contractor who is not otherwise licensed by the City
to do plumbing work, but who can provide proof of competency as a
licensed master contractor in another city's jurisdiction. The
special license, so issued, shall allow the licensee to do plumbing
work on the building for which it is issued and no other. The fee
for such special license shall set from time to time by the City Council,
and such fees shall be paid to the City Building Official before the
special license is issued. A certificate of insurance which provides
combined coverage for bodily injury and property damage in a minimum
amount of $300,000 shall be provided to the Building and Inspection
Department prior to the issuance of a special license. Upon the completion
of the work for which the special license was issued, such license
shall expire and become null and void.
No person licensed under this chapter shall do any plumbing
work within the City and the two-mile zoning jurisdiction without
having in his/her possession a plumbing permit issued by the City
pursuant to this article containing the name of the master plumber
or firm authorized to do the work. Permits associated with this article
shall be applied for by the master plumber. When such permit has been
approved, it shall be signed and paid for by the master plumber associated
with the business, firm, or corporation which has been approved through
other provisions of this Part 1.
No license required under this article shall be required of
any individual doing installation or repair of the plumbing systems
in the residence in which he/she lives; provided that such installation
is done in conformity with this code and any other ordinances of the
City. In all cases, the rules and regulations of this article shall
be complied with and such individual shall notify the City of such
work proposed, request inspection thereof and pay a permit fee to
cover the cost of the inspection. Furthermore, this section shall
only apply to those installations required for remodeling, additions
and repairs. No individual shall be allowed to perform any plumbing
work on new construction without first having passed the required
examination and having provided the necessary insurance required by
this article, and having been issued a license to do such work.
A master's license issued to an individual shall authorize
a company or corporation to engage in such business or occupation
during the period of time that the licensee maintains his connection
with such company or corporation. A license applied under the requirements
of this article shall be valid and in effect for one company, firm,
or corporation as an active license, and shall not be assignable to
any other company, firm, or corporation.
