[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:
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:
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)]
It shall be the responsibility of an employing
master plumber to employ only those apprentices or journeymen who
are licensed or registered with the City and to verify the employees'
credentials.
[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.
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.
