[HISTORY: Adopted by the City Council of the City of Bradford 8-26-1986 by Ord. No. 3096; amended in its entirety 11-2-1995 by Ord. No. 3096.3. Subsequent amendments noted where applicable.]
[Amended 8-12-2008 by Ord. No. 3096.6; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The City of Bradford hereby adopts, for the purpose of establishing rules and regulations for the design and installation of plumbing systems, including administration, plumbing permits and penalties, the plumbing standards adopted by 34 Pa. Code, Chapter 403, as amended from time to time, save and except such portions as are hereinafter deleted, modified, or amended, of which three copies have been and are now filed in the office of the City Administrator, and the same are hereby adopted and incorporated as fully as if set forth at length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling in the design and installation of plumbing systems within the corporate limits of the City of Bradford.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
As authorized by 11 Pa.C.S.A. § 12603, this chapter provides for licensing of plumbers by the City and additional administrative provisions related to the International Plumbing Code, current edition, in effect in the City pursuant to § 159-1.
A. 
License necessary. No person, business or corporation shall engage in the business of plumbing in the City of Bradford unless licensed as a master plumber or has in their employ a licensed master plumber who is duly qualified and licensed under the provisions of this chapter. A master plumber or certified plumbing contractor is an individual having a regular place of business who, by himself/herself or through a person or persons in his/her employ, performs plumbing work and who has successfully fulfilled the examination and requirements prescribed by this chapter.
[Amended 9-14-1999 by Ord. No. 3096.5]
B. 
Application for license. It shall be unlawful for any person to engage in the business of plumbing or to install, alter or repair any plumbing system in the City of Bradford, or to display a sign or give other notice setting forth or intending to imply that he/she is engaged in the business of plumbing, unless he/she has obtained a certificate of competency after examination and has duly registered said certificate with the City of Bradford. Nothing contained in this subsection shall prohibit a property owner from doing plumbing work himself or herself on his or her own property.
A. 
Master plumber's certificate of competency examination requirements. An applicant for a master plumber's license certificate shall file a written application to the office of the Department of Public Works, Municipal Building, City of Bradford, to the attention of the Plumbing Inspector on the form provided by the Department of Public Works or the City of Bradford, and pay a fee as set forth from time to time by resolution of the City Council for said examination if:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
The applicant shall have submitted evidence that he/she is a citizen of the United States.
(2) 
The applicant shall have had experience of at least four years as a plumber's apprentice and four years as a journeyman plumber or the equivalent of 1,500 hours of experience per year working under a recognized standard plumbing code and is able to furnish satisfactory evidence of such facts; or
(3) 
The applicant has submitted evidence of having received a degree in plumbing from an approved college or university with the years of education plus work experience equalling four years for certificate of competency for a journeyman's license and four years working as a journeyman plumber or under a recognized standard plumbing code.
B. 
Master plumber examination. The examination of the Board shall be in two parts:
(1) 
Practical tests to determine the applicant's skill as a master plumber.
(2) 
A written examination which shall consist of questions designed to determine the applicant's fitness and qualifications to engage in the business of master or employing plumber.
C. 
Master plumber certification. Before issuing a certificate to engage in the business of master or employing plumber, the Board shall inquire into the applicant's fitness and qualifications for conducting such business and may require the applicant to submit under oath such evidence. The Examining Board of Plumbers shall issue, upon payment of the required license certificate fee, a master plumber's license certificate to those applicants who meet the qualifications and pass the examination. Such license certificates shall be issued in the name of the Examining Board of Plumbers, with the seal thereof attached.
D. 
Annual master plumber license fee. The annual fee for a master plumber license in the City of Bradford shall be an amount as set forth from time to time by resolution of the City Council. The fees will be received by the City Administrator's office, and a new license must be furnished every year at the time of renewal of the license.
[Amended 12-11-2018 by Ord. No. 3096.7; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Certificate of competency examination requirements.
(1) 
An applicant for a journeyman plumber's license certificate shall file a written application under oath to the office of the Department of Public Works, Municipal Building, City of Bradford, to the attention of the Plumbing Inspector, on the form provided by the Department of Public Works for the City of Bradford and pay a fee in an amount as set forth from time to time by resolution of the City Council for said examination. The Examining Board of Plumbers shall approve the application for examination if:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a) 
The applicant has submitted evidence that he/she is a citizen of the United States or has declared his/her intention to become a citizen.
(b) 
The applicant has been engaged as a plumber apprentice for the equivalent of 1,500 hours of experience per year for four years preceding the date of application; or
(c) 
The applicant has submitted evidence of successful completion of an approved four-year course in plumbing, sanitary engineering or plumbing engineering in a college or university; or
(d) 
The applicant has submitted evidence of three years on-the-job training and 100 hours at the approved trade school.
(2) 
If the application is approved, the Board shall notify the applicant in writing of such approval stating the place and time of the examination. If the application is disapproved, the Examining Board of Plumbers shall notify the applicant in writing of such disapproval, stating the reasons for disapproval, and refund the examination fee paid by the applicant.
B. 
Journeyman plumber examination. The examination of the Board shall be in two parts:
(1) 
Practical tests to determine the applicant's skill as a journeyman plumber.
(2) 
A written examination which shall consist of questions designed to determine the applicant's fitness and qualifications to engage in the business of plumbing.
C. 
Journeyman plumber certification. The Examining Board of Plumbers shall issue journeyman plumber's license certificates. Such license certificates shall be issued in the name of the Examining Board of Plumbers with the seal thereof attached.
D. 
Annual journeyman plumber license fee. The annual fee for a journeyman plumber license in the City of Bradford shall be an amount as set forth from time to time by resolution of the City Council. The fees will be received by the City Administrator's office, and a new license must be furnished every year at the time of renewal of the license.
[Amended 12-11-2018 by Ord. No. 3096.7; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Amended 12-11-2018 by Ord. No. 3096.7; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person shall engage as a plumbing apprentice in the City of Bradford unless so registered in the Department of Public Works. The annual registration fee shall be an amount as set forth from time to time by resolution of the City Council and shall be the responsibility of the apprentice. It shall be the duty of the apprentice to keep the City informed as to the length of time employed by each firm.
[Amended 8-12-2008 by Ord. No. 3096.6; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All out-of-town contractors must take the master plumber examination to become licensed in the City of Bradford as per § 159-4 of this chapter. Any plumber who can demonstrate that he has successfully completed testing for a master plumber’s license and is currently licensed under the jurisdiction of another municipality shall be excepted from these provisions upon the payment of the master plumber's licensing fee.
An applicant who fails to pass the examination for a plumber's license shall not be permitted to apply for another examination until after the expiration of six months following the date of such examination.
[Amended 12-11-2018 by Ord. No. 3096.7; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All plumber's license certificates shall expire in January following the date of issuance. License certificates may be renewed for a period of one year each succeeding January upon payment during the month of January of the required license certificate fee. A license certificate which has expired due to failure to pay the annual fee by January 20 will be considered suspended and the licensee will not be permitted to perform plumbing work. A penalty in an amount set forth from time to time by resolution of the City Council for a journeyman plumber or for a master plumber shall be affixed to the fee to reinstate the license. The license shall be revoked after July 31 and a new test must be taken for reinstatement, unless prior to July 31 a request is received in writing by the Plumbing Board asking for a waiver based on an acceptable reason, such as medical. The decision to grant a waiver will be determined by the Plumbing Board. Plumbing work may not be performed while a license is suspended or revoked. Violators will be subject to penalties as outlined.
The Examining Board of Plumbers shall reinstate a license certificate which expires while a licensee is in the active military service upon payment of the annual license certificate fee and submission and evidence of such military service. Such license certificate shall be reinstated without re-examination and without payment of the lapsed renewal fee.
The Examining Board of Plumbers shall revoke or suspend a license certificate after a hearing before the Examining Board of Plumbers when the findings show one or more of the following:
A. 
That the licensee obtained or conspired with others to obtain a license certificate by inducing the issuance thereof in consideration of the payment of money or delivery of any other thing of value or by land through a willful misrepresentation of facts to the Examination Board of Plumbers.
B. 
That the licensee willfully violated any plumbing ordinance or resolution of the City of Bradford or any law of this state regulating plumbing or plumbers.
C. 
That the licensee has been guilty of negligence or incompetence in the performance of plumbing.
D. 
That the licensee has been convicted of a felony.
E. 
That the licensee has willfully loaned or in any manner transferred his license certificate to another person to permit such person to engage illegally in plumbing contrary to this chapter.
F. 
That the licensee has willfully engaged in conduct not in accord with generally accepted standards of professional conduct for the trade, business or calling of plumber.
G. 
Nonrenewal of license.
A. 
No license certificate shall be suspended or revoked until a written complaint is filed with the Examining Board of Plumbers stating facts which, if proved, would constitute grounds for suspension or revocation of a license certificate as provided in this chapter, and until an impartial hearing is held before the Board. When a written complaint is filed, the Examining Board of Plumbers shall set a date for a hearing which shall be held in the Department of Public Works, Municipal Building. The Board shall send to the licensee charged in the complaint, by personal delivery or registered mail, a correct copy of the complaint and a notice stating when and where a hearing will be held. Such notice shall be served at least 20 days before the date set for the hearing.
B. 
If a license certificate is suspended, the license certificate shall be surrendered to the Examining Board of Plumbers, but it shall be returned to the licensee upon the termination of the suspension period.
A. 
The Examining Board of Plumbers may, in its discretion, reinstate a plumber's license certificate not less than three months, and not more than three years, after such license certificate had been revoked. Reinstatement by the Examining Board of Plumbers may be ordered only after a hearing before the Examining Board of Plumbers on the petition of the person whose license certificate had been revoked. Whenever a petition for reinstatement is filed with the Examining Board of Plumbers, the Board shall set a hearing and, either by personal delivery or registered mail to the addresses of record, serve a copy of the petition and notice on all parties of record when the license certificate in question was revoked, stating when and where the hearing will be held. Such notice shall be served at least 20 days before the date set for hearing. The Examining Board of Plumbers shall hear all material evidence in support of or against the petition and shall allow or deny the petitions for reinstatement of the license certificate. The decision of the Examining Board of Plumbers shall be sent to the petitioner and to all parties of record, to the addresses of the parties of record, either by personal delivery or registered mail. If the petition for reinstatement is denied, the petitioner may file his petition for rehearing within 20 days after receipt of the Examining Board of Plumbers' order, whereupon the Examining Board of Plumbers will then order either a denial or allowance of the petitions or rehearing. If such petition for rehearing is granted, the entire record shall be referred to the Board and a hearing held not less than 20 days after notice of the time and place of the rehearing to all parties of record. At the conclusion of such rehearing, the Examining Board of Plumbers shall either grant or deny the petition for reinstatement.
B. 
No more than one rehearing on the same petition for reinstatement shall be allowed; and not more than one petition for reinstatement of the same license certificate shall be considered or heard within one year. If the petition for reinstatement is granted by the Examining Board of Plumbers, it shall issue a plumber's license certificate to the petitioner upon payment of the required annual license certificate fee.
C. 
Stenographic record proceedings. The Examining Board of Plumbers shall, at its expense, provide a stenographer, take testimony and preserve a record of all proceedings at the hearing upon any complaint or petition for reinstatement. The complaint or petition and other documents in the nature of pleadings and motions filed in the case, the transcript of testimony, findings and orders of the Examining Board of Plumbers shall constitute the record. The Examining Board of Plumbers shall furnish a transcript of such record to any person upon payment of an amount to be determined by the Director of Public Works at such time.
D. 
Proof of signatures. An order of suspension, revocation or reinstatement of a license certificate, or of dismissal of a complainant or petition, or a certified copy of such order, over the seal of the Examining Board of Plumbers and purporting to be signed by two members of the Examining Board of Plumbers shall be prima facie proof that such signatures are the genuine signature of the Examining Board of Plumbers and that such Examining Board of Plumbers and the members thereof are duly appointed and qualified to act.
E. 
Fees for reinstatement.
[Amended 8-12-2008 by Ord. No. 3096.6; 12-11-2018 by Ord. No. 3096.7; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
The fee for the reinstatement of a master plumber's license certificate shall be as set from time to time by resolution of the City Council. The annual master plumber's license certificate fee is set forth in § 159-4D.
(2) 
The fee for reinstatement of a journeyman plumber's license certificate shall be as set from time to time by resolution of the City Council. The annual journeyman plumber's license certificate fee is set forth in § 159-5D.
[Amended 9-14-1999 by Ord. No. 3096.5]
All master plumbers, or the person, business or corporation that employs a master plumber, shall procure and maintain, at their own expense and without expense to the City, insurance for liability for damages imposed by law, of the kinds and in the amounts hereinafter provided. Said insurance shall be procured through insurance companies authorized to do such business in the Commonwealth of Pennsylvania, covering all operations under their contract, whether performed by them or by subcontractors. Before receiving a master plumber certificate of competency, and every year thereafter at the time of renewal of the master plumber license, a certificate or certificates of insurance in forms satisfactory to the City showing compliance with this section, shall be furnished to the City, to be kept on file in the Department of Public Works, and certificate or certificates shall provide that the policy shall not be changed or cancelled until 10 days' written notice has been given to the City. This requirement shall apply to active master plumber license holders; those with inactive status are waived. The kinds and amount of insurance are as follows:
A. 
Workmen's compensation insurance. A policy covering the obligations of the master plumber in accordance with workmen's compensation law covering all operations under contract, whether performed by him or his contractors.
B. 
Public liability and property damage insurance. The master plumber shall take out and maintain such public liability and property damage insurance as shall insure and protect him and any subcontractor performing work for him from claims for damages for personal injury, including accidental death, as well as from claims for property damages which may arise from his operations. Public liability insurance or general comprehensive liability insurance shall be in the amount of not less than $300,000 per occurrence and not less than $1,000,000 aggregate; property damage insurance in an amount not less than $250,000 aggregate.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who shall violate any provision of this chapter commits a summary offense and, upon conviction, shall be sentenced to pay a fine of not more than $1,000 or to imprisonment for not more than 90 days, or both.
A. 
Any journeyman who is currently carrying a valid license, having passed the appropriate test for journeyman in 1986 or before, is grandfathered and does not have to be relicensed.
B. 
Any master plumber who is currently carrying a valid license, having passed the appropriate test for master plumber in 1986 or before, is grandfathered and does not have to be relicensed.
A. 
The Board for Examination of Plumbers in the City of Bradford is formed and shall be known as the "Examining Board of Plumbers." The Examining Board of Plumbers in the City of Bradford shall consist of six persons to be appointed by the Bradford City Council, of whom two shall be employing master plumbers of not less than 10 years' experience in the business of plumbing, and one shall be a journeyman plumber of like experience, and the other members of the Board shall be the Plumbing Inspector of the City of Bradford or officer performing the duties of such Inspector, the Director of Public Works and the City of Bradford Health Officer.
B. 
Terms of office; vacancies. The term of office of each member of such Board shall be three years, from the first day of January following the appointment. Vacancies occurring by expiration of a term shall be filled by the Bradford City Council for a full term. The Bradford City Council shall appoint Board members for the unexpired term when vacancies occur as a result of death, removal, inability to act or the resignation or removal from the City of any member. The Plumbing Inspector and the Director of Public Works, or the officers holding equivalent positions or acting in like capacities designated or appointed by the Mayor as herein provided, shall be ex officio members of such Examining Board, and when they shall cease to hold their offices by reason or on account of which they were so designated or appointed, their successors shall act on the Board in their stead.
C. 
Compensation of members of Board. The master and journeyman plumbers serving as members of the Examining Board of Plumbers shall receive compensation for their services as shall be determined by the City Council. The compensation is hereby established at $75 for each master and journeyman plumber who shall administer the plumbing exam.
[Amended 8-12-2008 by Ord. No. 3096.6; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Qualifications. All members of such Board shall be United States citizens and residents of Pennsylvania.
E. 
Powers and duties. The Examining Board of Plumbers shall have power and it shall be its duty to:
(1) 
Meet at stated intervals. They shall also meet whenever the Director of the Department of Public Works of the City of Bradford or the Mayor thereof, in writing, shall request them to do so.
(2) 
Have jurisdiction over and to examine all persons desiring or intending to engage in the trade, business or calling of plumbing as employing plumbers in the City of Bradford, which Board shall be appointed with the power of examining persons applying for certificates of competency as such employing or master plumbers or as inspectors of plumbing, to determine their fitness and qualifications for conducting the business of master plumbers or to act as inspector of plumbing, and to issue certificates of competency to all such persons who shall have passed a satisfactory examination before such Board and shall be by it determined to be qualified for conducting the business as employing or master plumbers or competent to act as inspectors of plumbing.
(3) 
Formulate, in conjunction with the Department of Public Works of the City of Bradford, a code of rules regulating the work of drainage and plumbing in this City, including the materials, workmanship and manner of executing such work, and from time to time to add to, amend or alter the same or, in its discretion, to adopt the standard plumbing code recommended by the City of Bradford.
(4) 
The City of Bradford will charge and collect from each person taking the journeyman plumbers exam a fee as set from time to time by resolution of the City Council and from each person taking the master plumbers exam a fee as set from time to time by resolution of the City Council. The Board shall require proof that these exam fees were paid in full prior to the examination.
[Amended 12-11-2018 by Ord. No. 3096.7; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
If the City of Bradford requires a bond from this individual, the cost of such shall be paid by the City of Bradford.
B. 
[1]The Bradford City Plumbing Inspector shall be a self-employed individual acting on behalf of the City of Bradford. The Plumbing Inspector shall be required to complete his/her own paperwork to provide business records to the local, state and federal governments and to pay any and all taxes to those government bodies.
[1]
Editor's Note: Former Subsection B, regarding an insurance package, was repealed 8-12-2008 by Ord. No. 3096.6. This ordinance also provided for the redesignation of former Subsections C through G as Subsections B through F, respectively.
C. 
Duties of the Plumbing Inspector of the City of Bradford. The Plumbing Inspector:
(1) 
License and registration.
[Amended 12-29-1995 by Ord. No. 3096.4; 8-12-2008 by Ord. No. 3096.6]
(a) 
Must hold a current master plumbing license issued by the Licensing Board of the City of Bradford, except when it is determined by the City Council that no such individual is available to serve as Plumbing Inspector or as a deputy, in which event a journeyman plumber may be appointed to serve in such capacity.
(b) 
Must hold and maintain a current registration and certification as a plumbing inspector from the Pennsylvania Department of Labor and Industry.
(2) 
Must be able to respond to an inspection request within 24 working hours. (Working hours are from Monday 8:00 a.m. to Friday 5:00 p.m., not to include holidays.)
(3) 
Must provide his or her own transportation to and from the inspection site.
(4) 
Must complete and deliver the required paperwork to the office of the City of Bradford. (Forms required for various inspections shall be supplied by the City of Bradford.)
(5) 
Must be required to review any and all building permit applications and make any and all additions and/or corrections to the plumbing submittals before the permit can be issued. This shall require that the application be returned within 48 working hours after it is received from the City of Bradford.
(6) 
Is required to sign any and all forms required to complete a plumbing inspection from the application to the final inspection form before he/she is entitled to compensation for the inspection.
(7) 
Is required to list in detail those sections of the enforced plumbing code that are in violation if an inspection does not pass.
(8) 
Shall be required, by the request of the City of Bradford, to attend any type of meeting, hearing or review on any applications for a plumbing inspection or a matter concerning the enforcement of an inspection.
D. 
Compensation for the Plumbing Inspector of the City of Bradford:
[Amended 8-12-2008 by Ord. No. 3096.6; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Residential plumbing inspection shall consist of from one to three inspections and shall include only those inspections done to a private residence. The rate shall be as set forth in the Master Fee Schedule established by the City Council from time to time.
(2) 
Commercial plumbing inspection shall consist of the number of inspections required to complete and shall be based upon the total cost of each project. The rate shall be as set forth in the Master Fee Schedule established by the City Council from time to time.
E. 
Deputies. The City Council may appoint up to two deputies to perform the duties of Plumbing Inspector. The deputy shall have a current registration and certification as a plumbing inspector from the Pennsylvania Department of Labor and Industry.
[Added 12-29-1995 by Ord. No. 3096.4; amended 8-12-2008 by Ord. No. 3096.6]
F. 
The City Plumbing Inspector is specifically authorized to inspect all work within the City, except work with which the Plumbing Inspector or his employees or agents are involved.
[Added 12-29-1995 by Ord. No. 3096; amended 8-12-2008 by Ord. No. 3096.6]
[Added 8-12-2008 by Ord. No. 3096.6[1]]
A. 
All appeals from decisions of the Examining Board of Plumbers, the Plumbing Inspector of the City of Bradford, or Deputy Plumbing Inspector(s) of the City of Bradford shall be heard by the City of Bradford Board of Appeals. An application for appeal shall be based on a claim that the intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the Code do not fully apply or an equally good or better form of plumbing construction is proposed. The application for appeal shall be filed on forms obtained from the Plumbing Inspector within 20 days of the notice being served.
B. 
Notice of meeting.
(1) 
The Board of Appeals shall meet within 10 days of the filing of the appeal.
(2) 
Hearings. All hearings before the Board of Appeals shall be open to the public. The appellant and/or his representative, the Plumbing Inspector and any person whose interests are affected shall be given an opportunity to be heard.
(3) 
Procedure. The Board of Appeals shall establish procedures under which a hearing will be conducted. These procedures shall not require compliance with strict rules of evidence but shall mandate that only relevant information be received by the Board.
(4) 
Board decision. The Board of Appeals shall sustain, modify or reverse the decision of the Examining Board of Plumbers, the Plumbing Inspector or Deputy Plumbing Inspector(s) by a concurring vote of three Board of Appeals members. The decision shall be by resolution and shall be furnished to the appellant and all involved parties within 10 days of the hearing.
(5) 
Administration. The Examining Board of Plumbers, the Plumbing Inspector or Deputy Plumbing Inspector(s) shall take immediate action in accordance with the decision of the Board of Appeals.
[1]
Editor's Note: This ordinance also replaced former § 159-20, regarding a time period for journeyman or master plumber certification, which period expired 12 months following adoption of this chapter.