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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER II. PLUMBERS*

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER II.
PLUMBERS*

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Editor's note--Section 2 of Ord. No. NS-1100.54, adopted Oct. 30, 1979, repealed Div. C11, Ch. II, §§ C11-12--C11-15, relating to the Board of Plumbing Examiners, derived from Code 1954, §§ 3.2.10-1--3.2.10-4, Ord. No. NS-300.44, § 4, adopted May 9, 1960; Ord. No. NS-300.57, § 2, adopted Jan. 15, 1962; and Ord. No. NS-300.62, § 1, adopted June 4, 1962. Section 3 of Ord. No. NS-1100.54 added a new Ch. II, relating to plumbing, §§ C11-12--C11-22. Subsequently, Ord. No. NS-1100.88, § 6, adopted June 29, 1999, renumbered C11-12--C11-22 as C11-30--C11-40. See also the editor's note at Div. C11.

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Sec. C11-30. Intent; exemption for contractors and apprentices.

This chapter requiring examination and certification as to competency in performing plumbing work is enacted to protect the health, safety and welfare of the general public. Such regulation is necessary because, except for contractors and apprentices, there are no minimum standards of competency established by law for those engaged in the plumbing trades. Plumbing work is complex and demanding and carries high risk of harm to person and property if done improperly. Neither individuals required to be licensed under the Contractors License Law, of the Business and Professions Code § 7000 et seq., nor individuals regulated under an apprenticeship program pursuant to Chapter 4, Division 3 of the Labor Code (Labor Code § 3070 et seq.), shall be required to take the examination or to obtain the certificate of competency provided for by this chapter.

(Ord. No. NS-1100.54, 63, 10-30-79; Ord. No. NS-1100.88, § 6, 6-29-99; Ord. No. NS-1100.89, § 5, 10-22-02)

Sec. C11-31. Exemption for utility employees.

An employee of a privately owned public utility operating under the jurisdiction of the Public Utility Commission of the State of California, or the Federal Power Commission, shall not be required to obtain a certificate of competency in order to install, connect, maintain, repair or do any other work on plumbing fixtures located within the public utilities' operating property or in an area where the utility has the right to conduct its operations as granted by franchise.

(Ord. No. NS-1100.54, § 3, 10-30-79; Ord. No. NS-1100.88, § 6, 6-29-99; Ord. No. NS-1100.89, § 5, 10-22-02)

Sec. C11-32. Certificate of competency required.

It shall be unlawful for any person, other than a contractor, apprentice or utility employee exempted by Section C11-30 or C11-31, to labor for another at the work or trade of installing, connecting, constructing, maintaining or repairing plumbing equipment within the unincorporated territory of the County unless such person shall have secured a certificate of competency from the Plumbing Board of Examiners, after passing the examination provided for in this chapter.

(Ord. No. NS-1100.54, § 3, 10-30-79; Ord. No. NS-1100.88, § 6, 6-29-99; Ord. No. NS-1100.89, § 5, 10-22-02)

Sec. C11-33. Unlawful to hire.

No person, as defined in Section A1-21 of this Code, shall hire, employ or contract for the services of any individual to perform plumbing work for which a certificate of competency is required hereunder unless such individual either possesses a valid certificate of competency or is exempt from such requirement. It shall be the obligation of the person hiring, employing or contracting for the performance of plumbing work requiring a certificate of competency to determine whether the individual to be hired, employed or contracted with possesses a valid certificate of competency.

(Ord. No. NS-1100.54, § 3, 10-30-79; Ord. No. NS-1100.88, § 6, 6-29-99; Ord. No. NS-1100.89, § 5, 10-22-02)

Sec. C11-34. Board of Plumbing Examiners.

(a) [Established; composition.] There is hereby established a Board of Examiners for the plumbing trade in the County. The Board shall consist of three licensed plumbing contractors actively engaged in the contracting business, three journeyman plumbers and one inspector with a plumbing background from a city within the County. The Clerk of the Board of Supervisors shall be ex officio secretary of the Board of Examiners and shall be responsible for providing secretarial assistance to the Board of Examiners.

(b) [Terms.] The term of each member shall be four years. No member shall be eligible to serve on such Board for more than three (3) consecutive terms in addition to any portion of any unexpired term which may have been served. The Board of Supervisors may waive the foregoing limit upon consecutive terms in office for any member when it finds that no other qualified person is known to be available to serve. A vacancy shall exist and shall be reported to the Board of Supervisors whenever a member fails to attend more than three consecutive regular meetings of the Board without good cause entered on the minutes of the Board; or when a member is unavailable or no longer able to participate for any reason.

(Ord. No. NS-1100.54, § 3, 10-30-79; Ord. No. NS-1100.71, § 2, 10-28-86; Ord. No. NS-1100.88, § 6, 6-29-99; Ord. No. NS-1100.89, § 5, 10-22-02; Ord. No. NS-1100.99, 12-12-06)

Sec. C11-35. Duties of the Board.

(a) The Board or its duly authorized designees shall prepare and conduct examinations at least quarterly, and more often if the need arises, for the purpose of determining the competency and knowledge of persons who are required by this chapter to obtain a certificate of competency. Examinations shall be prepared and given for applicants (journeyman) having five or more years of experience in performing plumbing work. An applicant having ten or more years' full-time job experience performing plumbing work, may, at the discretion of the Board, be examined orally by the Board or their designees in lieu of a written examination.

(b) The journeyman examination shall test at a level which assumes sufficient knowledge of both theory and practice to enable the applicant to perform plumbing work competently, independently and in accordance with applicable codes.

(Ord. No. NS-1100.54, § 3, 10-30-79; Ord. No. NS-1100.73, § 1, 2-9-88; Ord. No. NS-1100.79, § 1, 3-5-91; Ord. No. NS-1100.88, § 6, 6-29-99; Ord. No. NS-1100.89, § 5, 10-22-02)

Sec. C11-36. Application for examination.

(a) Persons desiring to take the examination for a certificate of competency shall apply at the Office of the Clerk of the Board of Supervisors. There shall be no eligibility requirements other than as set forth in this chapter for those persons wishing to take the examination.

(b) Applicants for examination shall pay a fee in an amount established by the Board of Supervisors. The fee shall be paid at the Office of the Clerk of the Board of Supervisors.

(Ord. No. NS-1100.54, § 3, 10-30-79; Ord. No. NS-1100.84, § 1, 2-4-97; Ord. No. NS-1100.88, § 6, 6-29-99; Ord. No. NS-1100.89, § 5, 10-22-02; Ord. No. NS-1100.91, § 1, 12-7-04)

Sec. C11-37. Successful examinees to be certified.

Certification shall be given to those persons who successfully pass the examination required by Section C11-35.

(Ord. No. NS-1100.54, § 3, 10-30-79; Ord. No. NS-1100.73, § 2, 2-9-88; Ord. No. NS-1100.88, § 6, 6-29-99; Ord. No. NS-1100.89, § 5, 10-22-02)

Sec. C11-38. Exemption from examination.

A certificate of competency shall be issued without the necessity of an examination to any person possessing a similar certificate from any private organization, incorporated city, county, or city and county having a bona fide examining board with regulations acceptable to and as strict as those herein provided by the Santa Clara County Examining Board.

(Ord. No. NS-1100.54, § 3, 10-30-79; Ord. No. NS-1100.73, § 3, 2-9-88; Ord. No. NS-1100.88, § 6, 6-29-99; Ord. No. NS-1100.89, § 5, 10-22-02)

Sec. C11-39. Loaning of certificates prohibited; grounds for revocation.

No person 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, connecting, constructing, maintaining or repairing plumbing equipment on a certificate taken out in his name. A violation of this section by any person holding a certificate of competency shall be grounds for revocation of such certificate.

(Ord. No. NS-1100.54, § 3, 10-30-79; Ord. No. NS-1100.88, § 6, 6-29-99; Ord. No. NS-1100.89, § 5, 10-22-02)

Sec. C11-40. Violation or infraction.

Violations of Section C11-32 or Section C11-33 of this chapter are punishable as infractions. All other violations of this chapter are punishable as misdemeanors.

(Ord. No. NS-1100.54, § 3, 10-30-79; Ord. No. NS-1100.88, § 6, 6-29-99; Ord. No. NS-1100.89, § 5, 10-22-02)