Calexico Municipal Code Ch. 15.60 Certification of Journey Level Craftsmen

In the contents of this chapter where the terms journey level plumber, steamfitters/pipe fitters, welders and refrigeration fitter are used, henceforth will appear as journey level craftsman.

(Ord. 897 § 1 (part), 1988)

This chapter is adopted to protect the health, safety and welfare of the citizens of the city. Such chapter is necessary to provide minimum standards of qualification of journey level craftsmen who perform work within the city. Piping work is complex and demanding and carries a high risk of harm to person and property if done improperly. This chapter does not regulate either piping contractors licensed under the Contractor's License Law, Section 700, et seq. of the Business Professions Code or apprentice steamfitters/pipe fitters or welders regulated under an apprenticeship program pursuant to Section 3070 et seq. of the Labor Code.

(Ord. 897 § 1 (part), 1988)

A. An employee for a public utility performing work for a public utility operation under the authority and jurisdiction of the Public Utility Commission of the State of California (PUC), the Federal Power Commission (FPC), or the Calexico Municipal Utility District (CMUD), shall be exempt from the provisions of this chapter when performing work regulated by the PUC, FPC, or CMUD. This exemption is not intended to apply to work which must meet the Calexico Municipal City Piping Codes.

B. Employees of a school district performing work that is intended for a school district's educational or administrative purpose shall be exempt from the provisions of this chapter.

C. Employees of the city, county, state, or federal government working for the county, state or federal government, shall be exempt from the provisions of this chapter.

(Ord. 897 § 1 (part), 1988)

A. It shall be unlawful after December 20, 1988 for any person other than an apprentice or employee as specifically exempted by Section 15.60.010 and 15.60.020 of this chapter or a trainee registered pursuant to Section 15.60.170 to labor for consideration at the work or trade if installing, removing, altering or repairing piping systems within the city unless such individual shall have secured a certificate of competency from the city board of piping examiners, is a trainee registered pursuant to and working under the limitation contained in Section 15.60.170, or such individual is exempt from the requirements of this chapter. It shall be the obligation of the contractor hiring, employing, or contracting for the services to determine whether the individual or individuals to be hired possess a valid city of Calexico certificate of competency.

(Ord. 897 § 1 (part), 1988)

The city hereby establishes the board of piping examiners. The board of piping examiners shall consist of five members. Two members shall be California licensed piping contractors, two members shall be journey level steamfitters/pipe fitters or welder and one member shall be a public member. The chief plumbing and mechanical inspector shall act as the secretary to the board of piping examiners. The board of piping examiners shall be appointed by the mayor with approval of the Calexico city council. The term of office for a member of the board of piping examiners shall be three years, except that as to the first board, one member shall be appointed for a year term, two members shall be appointed for a two-year term and two members shall be appointed for a three-year term. If a vacancy occurs due to death, illness, resignation or for any other reason, the city council shall appoint a replacement only for the remainder of the term. Members of the board of piping examiners shall not be compensated. The board shall adopt reasonable rules for the conduct of its business. It shall select a chairman for a term of one year and shall establish procedures to be followed by the secretary of the board. Three regular members of the board must be approved by a majority of the members present and voting on the matter before the board.

(Ord. 897 § 1 (part), 1988)

A. It shall be the duty of the board of piping examiners to hold regular meetings at least every ninety days.

B. It shall be the duty of the board of piping examiners to approve and to regulate the preparation and conduct of examinations for the purpose of determining the competency and knowledge of the individuals to engage in piping work as set forth in this chapter. The board shall determine what constitutes "passing" the qualification examination. The examination shall include a written test and such other tests as the board in its discretion may determine. Examinations shall be conducted at least quarterly, and more often if the need arises.

C. It shall be the duty of the board of piping examiners to compile and maintain a current list of individuals holding valid certificates of competency from the board of piping examiners.

D. It shall be the duty of the board of piping examiners to carefully consider any written charges filed in the manner provided for in this chapter at its first regular meeting after the filing of such charges, provided that prescribed notice requirements can be met. If the notice requirements cannot be met, the board shall either schedule a special meeting or shall set the matter for hearing at the following regular meeting.

E. The board of piping examiners shall compile and keep current a list of agencies maintaining satisfactory examination and qualification procedures. This list shall be reviewed and brought up to date at least once a year. A copy of said list shall be kept on file in the office of the chief plumbing and mechanical inspector.

(Ord. 897 § 1 (part), 1988)

When an applicant for a certificate of competency shall have made payment of an application fee provided for by resolution of the city council and shall have passed an examination as required by the board of piping examiners, or is the legal possessor of an equivalent credential as established by the board of piping examiners, the board of examiners shall certify him/her to the chief plumbing and mechanical inspector who shall issue to him/her a certificate of competency.

(Ord. 897 § 1 (part), 1988)

A. Persons desiring to take the examination for a certificate of competency shall file an application with the secretary of the board of piping examiners. To be eligible for the examination for the certificate of competency, the applicant shall have at least four years of piping experience and shall attach proof of such experience to the application for examination.

B. An applicant enrolled in a training or apprenticeship program which provides four or more years of piping experience may take the examination after attaining three years, nine months of piping experience; provided, however, that no certificate of competency shall be issued to such applicant until the applicant has at least four years of piping experience.

(Ord. 897 § 1 (part), 1988)

Any individual who fails to pass the examination for competency as prescribed by the board of piping examiners may apply for reexamination. All application for reexamination must be accompanied by a reexamination fee to be set by resolution of the city council. Should such individual fail to pass the examination for qualification three times, the board of piping examiners shall refuse a fourth application until after the expiration of six months.

(Ord. 897 § 1 (part), 1988)

A certificate of competency shall be issued without the necessity of an examination to any individual possessing a similar certificate from an agency maintaining, in the opinion of the board, a satisfactory examination and qualification procedure.

(Ord. 897 § 1 (part), 1988)

Every journey level craftsman shall carry his/her certificate with him/her at all times while doing any construction work regulated by this chapter and shall exhibit it when required to do so by the chief plumbing and mechanical inspector or his/her authorized representative at any time while he/she is engaged in any activity for which a certificate of competency is required.

(Ord. 897 § 1 (part), 1988)

The holder of a certificate of competency shall notify the board of any change of address.

(Ord. 897 § 1 (part), 1988)

No individual holding a certificate of competency required by this chapter shall lend such certificate to any person or allow any other person to carry on, engage in, or labor at the trade of installing, removing, altering, or repairing piping systems on a certificate of competency not issued in their name. A violation of this section by any person holding a certificate of competency shall be grounds for revocation of such certificate.

(Ord. 897 § 1 (part), 1988)

A. Any person may file with the board of examiners written charges against the holder of a certificate of competency alleging that the holder of a certificate has negligently or intentionally performed work in violation of applicable codes. Such charges shall state in detail the nature of substance of the matters charged and must be signed with the full name and correct address of the person making the charge or charges.

B. The board shall notify the holder of the certificate of competency against whom charges have been submitted of the next regular or special meeting of the board at which the matter shall be heard.

Written notice shall be mailed by first class at least fifteen days before the hearing to the address provided to the board by the holder of the certificate of competency.

C. No certificate of competency shall be suspended or revoked until the holder of the certificate of competency has had an opportunity to appear and show cause why his/her certificate should not be suspended or revoked. In showing such cause, he/she may be represented by an attorney and may present evidence.

D. The board may either suspend or revoke a certificate of competency if the board determines that the holder of the certificate of competency has wilfully or negligently violated any of the provisions of this article or any ordinance, code, or regulation governing the installation, removal, alteration, or repair of piping systems.

E. Should the board of piping examiners find that any person whose certificate of competency has been obtained by fraud, it shall revoke such certificate.

F. No refund of fees shall be made to any person whose certificate of competency is suspended or revoked.

(Ord. 897 § 1 (part), 1988)

Any person aggrieved by the decision of the board of piping examiners in granting or denying a certificate of competency, or suspending or revoking a certificate of competency, may appeal such decision to the city council. The appeal shall be made by filing a decision to the city council. The appeal shall be made by filing a written notice of appeal with the city clerk within twenty days after notice of the board's decision. The city council shall hold a hearing on the appeal and its decision shall be final and conclusive. The council may appoint a hearing examiner to consider the matter pursuant to this chapter.

(Ord. 897 § 1 (part), 1988)

Certificates of competency shall be renewed every two years upon payment of a renewal fee set by resolution of the city council.

(Ord. 897 § 1 (part), 1988)

A. Applicant: the person signing the application for the examination for the certificate of qualification and paying the fees thereof.

B. Apprentice: a person who is enrolled in an apprenticeship program approved by the Department of Industrial Relations of the state of California.

C. Certificate of competency: a certificate authorized by the board of piping examiners to be issued by the chief plumbing and mechanical inspector to qualified persons not otherwise regulated by the Business and Professions Code of the state of California or the Labor Code of the state of California.

D. Journey level craftsman: a person who installs, removes, alters or repairs piping systems as an employee, who does not furnish materials or supplies and who is the legal possessor of a certificate of competency.

E. Piping system: plumbing system means and includes all potable water supply and distribution pipes, all plumbing fixtures and distribution pipes, all plumbing fixtures and traps, all drainage and vent pipe and all building drains, including their respective joints and connections, devices, receptacles and appurtenances within the property lines of the premises and shall include potable water piping, potable water treating or using equipment, fuel gas piping water heaters and vents for same; provided however, that for purposes of this chapter, building sewers and private sewage disposal systems are specifically excluded from the definition of plumbing system.

(Ord. 897 § 1 (part), 1988)

A. A trainee certificate of registration shall be issued to any person who certifies that he or she desires to work as a trainee for the purpose of learning the trade of craftsman and gaining the training and experience necessary to successfully complete the examination for a certificate of competency and who pays a registration fee set by resolution of the city council. A trainee certificate of registration shall be valid for five years and may be renewed.

B. A registered trainee may perform piping work within the city for which a certificate of competency otherwise would be required only under the direct supervision and in the immediate presence of a person holding a certificate of competency issued pursuant to this article or of a licensed piping contractor, and only if said trainee is the only trainee being supervised by the certificate holder or licensed contractor at the jobsite at that time. It shall be grounds for suspension or revocation of a certificate of registration for a registered trainee to knowingly work under conditions wherein the person supervising the trainee is supervising one or more other trainees at the same jobsite at the same time.

C. It shall be grounds for suspension or revocation of a certificate of competency for the holder of a certificate to supervise more than one registered trainee at the same jobsite at the same time in the performance of piping work for which a certificate of competency otherwise would be required.

(Ord. 897 § 1 (part), 1988)