HomeMy WebLinkAboutOrdinance - 384-1927 - Office Of Inspector Of Plumbing. Quailifications And Duties - 07/28/1927C 0 -
ORDINANCE NO. $4:_d ;,
AN ORDINANCE CREATING THE OFFICE OF IN-
SPECTOR cm PLUMBING: DEFINING HIS ~UALIFICATIONS AND DUTIESt
PROVIDING FOR THE EXAMINATION AND QUALIFICATION OF PLUMBERS:
DEFINING MASTER PLUMBERS AND J"OtJRNETI4AB PLmmERS1 CREATING A
BOARD.-.FOR THE EX.AlCINATION OF PLUlCBERS, FIXING THE NUMBER OF
-MEMBERS OF SUCH BOARD, THEIR TERMS OF SERVICE, nurms AND Q,UAL-
IJi'ICATIONS, DEFINING THEIR POWERS: REPEALING ALL ORDINANCES
IN BONFLICT HERE WITH: FIXING PENALTIES AND DECLARING AN
ElLERGENCY ACCOUNT OF THE DAN{tlln TO THE HEALTH OF THE PEOPLE
OF THE CI TY FRO)( \tNSANI TARY PLUUBING &
BE IT ORDAINED by the City Commission
(Council) o! the City of Lubbock, Texas &
SECTION ls That under the authority of Articles 1076 to
1081 inclusive of title 28 of the Revised Civil Statutes ot
1925 or the State, and by virtue of the general laws and special
Charter governing cities of more than 5,000 population, there
is hereby created the office of Inspector of Pl.umgi:ng, who shall
be appointed by the Commission. and shall serve at the pleasure
of the Commissi o n, and be paid such salary as voted by the
Commi a si on. The City Commission may appoint the City Manager
as Inspector of Plumbing. In such event the City Manager shall
be ex officio city plumbing inspectoT without additional com-
pensation. The appointment of the City llanager to such office
5hall have the effect of consolidating the offices of city
manager and city plumbing inspector during such dual tenure.
The City plumbing inspector shall, when not actually engaged in
the performance of the duties of said office, do such other
workas may be required of him by the City lla nager.
SECTION 21 The officer in ~harge of such office shall be
known as the Inspector of Plumbing for the City of Lubbock, Texas;
He shall be experienced in the knowledge of the strength. durabil-
ity and quality of the materials and devices necessary for perfect
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work in tanks, taps, traps, fittings and fixtures and in the
making of taps and connections in such manner aa will prevent
the escaping of noxious vapors, gases and odors for the convey-
ance of gas, water, sewage and he shall be skilled and exper-
ienced in the actual work of properly and safely installing
same in all classes of building, and in ma.king proper and san-
itary connections for same, and in thoroughly testing such; he
shall be of good moral character.
SECTION 3, Assistants: The duties of the Inspector of Plumb-
ing (or any assistant) shall be to receive, approve and counter-
sign either in person or by an authorized r1presentative all
applications for permits tod.o plumbint or to make sewer connect-
ions in this City, and to personally inspect and pass upon all
plumbing and sewer work and connections now in use or hereafter
constructed within the city, and to issue his certificate of
approval thereof, if he approve, or if not approve, to direct
by written order to the owner, agent in charge of the building,
tenant, or the person installing the same, of any premises where-
on such plumbing shall be located, to stop the use .of, or to
reconstruct the same, or lase conetruction, until such plumbing
shall have been properly required or constructed, as may be de-
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fined in the Ordinances of the City; he shall be empowered to
enter any house in the City between the hours of 9 o'clock A. M. and
4 o 1 clock P. M., upon notice to the person in charge of his
intention so to do, if complaint has been made, to examine the
plumbing or sewer connections thereto; to investigate all alleg-
ed violations of any plumbing ordinance; to file complaints for
infractions of such Ordinances; and to supervise and oversee
any pluhlhing and sewer work, now or hereafter installed, and
such other duties as may be imposed upon him by law or City
Ordinance; and the Commissioners may appoint such assistants as
they deem advisable, each of whom shall have the power herein
conferred upon the Inspector of l?J.umbing.
SECTION 41 The Inspector of Plumbing shall have power, a.nd
it shall be his duty, where any building, premises or construction
contains improper or defective plumbing or connection, or where
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same has been installed without a permit as provided for in
Ordinances of the City, to immediately cut off, or cause to be
out off the water and sewer connection thereto until such defective
plumbing or connection, or construction f s made to fully cam.ply
with the ordinances of the City, and. a certificate of the Inspector
shall have been issued permitting connection.
SECTION" 51 DEFINITIONS: The term Person, means and includes
individuals, partnerships, associations and corporations however
formed; the term Master Pl.umber (or Employing Plumber~, means one
who has the qualifications for plumbing inspector, except resi•
dence, but who dees not hold himself out as intending to do the
actual work of such installations, but proposes to make and
carry out contracts for, andto properly and carefully supervise,
the work of such installing; provided, that he shall take and
pass the examination for Journeyman Plumbers if he intends, or
does, the actual work of any installation whether contracted by
himself or others. the term Journeyman Plumber, means one whose
principal work is manual, skilled and experienced in the actual
physicial work of installing tanks,, tapa,,trapa, pipes, fittings
and fixtures, and connections in such manner as will prevent
the escaping of noxious gas, vapor and odors, in all buildings,
and in making proper and sa.ni tary connections for the same, and
who holds himself out as intending to actually do such work under
the employment of a Master (or Employing) Plumber, as herein de-
fined, but who does not contract for, or cause to be done, such
work as a Master Plumber as herein defined.
SECTION 6: Examining and Supervising Board: There i a
hereby created a board to be known as the Examining and Supervis-
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ing Board of Pi.umbers for the City of Lubbock, Texas, which board
shall consist of five members, --one of whom shall be a member
of the Board of Health, or the City Ph~sician, as designated by
the .Commissioners, one of whom shall be the City Engineer (or the
Chief Building Inspector of the City, all of whom shall be known
as ex-officio members of such Boar' the City Plumbing Inspector,
a Maa:ter Plumber of not leas than ten years experience as such,
and one Journeyman Plumber, of at least five years active exper-
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ience; each member of such board shall hold his office during
the pleasure of the Commission, and the ex-officio members eo
long as they shall serve in their respective office.
SECTION?; DUTIES: It shall be the duty of the E.xamining
Board herein provided for, to meet as soon after their appoint-
ment as practicable, and organize by selecting one of their
number as Chairman, another as Secretary, who shall keep a full
record of all their proceedings, and such Board shall provide it-
self with proper books of record,forms, stationery a.nd supplies for
the conduct of its business, which shall be paid for out of the
fees afteswards named; and euch board shall, whenever in its
judgment same is advisable, sullnit to the City written suggestions
for improving the plumbing regulations of the City; such members
shall 'serve without extra compensation whatever.
SECTION 8 s POWERS OF THE BOARD s Power is hereby granted
such board, to,
{a) Adopt rules and regulations for the conduct of the
business of examination of applicants, and for its own government
in carrying out its duties, provided that same shall not be in-
consistent ,'T ith the laws or ordina nces of the City.
(b) To provide proper forms for applicants for examination
as 1laeter Plumber, Inspector of Plumping and Journeyman Plumber,
and to require all applicants to properly fill out and file same
with the Board.
(c) To fix reasonable times for the examination of applicants,
under the terms hereof, and to specify the hours thereof and
place where same shall be held. Any applicant to have right to
examination within 24 hours after applicationfiled with City
Secretary.
(d) To provide suitable examinations for Jlaster Plumbers,
Inspector of Plumbing and for Journeyman Plumbers and to determine
if sa.m.e shall be oral, or written, or partly oral a nd partly
written, or partly manual. an:i. to make all rules necessary for
the fair, speedy a.nd sufficient examination of all applicants
under the provisions of this Ordinance.
(e). To make rules and regulations for a re-examination, and
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the nature and extent thereof, provided, however, that where
an applicant has failed it shall be the duty of the board to point
out to aaid applicant wherein he is deficient and render him
reasonable assistance to overcome such deficiency.
(f). In the event of a second fa.ilure, to make rules and
regulations for a second re-examination, same to be done on
the request of the City Attorney for the City of Lubbock, on
application to him by the candidate, provided such City Attorney
shall have ~ason to believe the applicant should be permitted
to have a. second re--examination, and fixes the time and place of
s'fch second re-examination.
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(g) To make rules and regulations providing for an appeal
from the decision of the board .to the Commissioners, if the
applicant shall feel that he is not fairly tll!a.ted, and shall
be able to establish to the satisfatt ion of the commissioners
that he is entitled to license or should have still :a:"urther re--
examination touching his fitness and qualification as a plumb~
er, either 'Master or .Tiourneyman, or Inspector, as defined herein;
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and if on such appeal the gommiasioners tpink proper they may
issue such license or order the board to give ~urther examina-
(' tion, and it shall do so within a reasonable time, unless the
~ime is fixed by the com.mission.
SECTION 9& REMOVAL: Any member ofauch :Soard may be
removed at the pleasure of the Commission, or upon hearing
brought by anyperson feeling himself aggrieved, presenting under
oath, his distinct specifications or charges, which shall be
delivered to such member, also, not less than two days before
a hearing thereon, and such person~ and the member shall have
sjch notice of the hearing.
~ SECTION 10 I FEES FOR EXAMINATION: Each applicant for
examination as Master Plumber, or Inspector of Plumbing, shall
at the time of filing his application, pay to the Secretary of
the Board the sum of $3.00, and each applicant for examination as
Journeyman Plumber shall, at the time of making such application,
pay to the Secretary of the Board $2.00, which fees may be used
by the Board to pay its necessary expenses, as above provided for,
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and the excesa shall be paid to the Secretary of the City.
SECTION llt CERTIFICATE OF ~U.ALIFICATION: The Board shall
issue to each successful applicant a 9ertificate of qualif ic a-
t ion that such applicant has been found conq:,etent in the grade
for which he was examined, as the case may be, vm.ich shall
entitle him to a license to do the business of Master l?J.umber
or ~ourneyman Plumber in this City, which certificate shall
continue in force for one year from date of ·issuance, a nd shall
be renewable on application by _the holder within thirty days
prior to its expiration, such renewal shall be endorsed upon the
original certificate and he shall pay a fee of Fifty Cents for
each renewal thereof; provided, that if in the opinion of the
Board the business or moralintegrity of the applicant, or his
ability to do the work is not sufficient to entitle him thereto,
the Board may refuse to issue a nenewal, Such certificates are
-not, in any manner, transfer~able, and are revocable fof suf-
ficent cause shown, on charges filed by any member of the Board;
or person feeling himself aggreived, which charges shall be in
writing, distinctly specifying the unfitness or incomp~tency
a copy of which shall be delivered to the holder ten days before
the day set for hearing before the Board,which shall have full
power to act. The findings of the Board shall be duly certified
to the Commission, which may adopt the same or recomnend other
action. The Board shall keep a record of all its proceedings J:::-
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in a well bound book, showing the names, residences, dates of
issuance of certificates am such other facte .a~d will fully
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inform all parties, of the qualifications of holders of certi-
ficate6, and which shall be a permanent record of the City.
SECTION 12: FIRST EXAMINATION HEREUNDER: All persons now
engaged in the plumbing business, whether as Master or Journeyman
Plumber, in the City shall make applica.ti on to the Board ,·:ithin
thirty days from the time this ordinance goes into effect, and
the Board shall publish, in some newspaper published in the city,
a notice of the time and place of examination, in at least three
issues thereof• and all persons required hereby to be examined
shall make a ppl i ca ti on t o said Board and be e x amined at the
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same time and place fixed by such notice, or, failing to do so,
shall not continue in the plumbing business in the City of
Lubbock after such date, until they have applied for and obtain-
ed a certificate of qualification as provided for in this ordi-
nance.
SECTION 13 r PLIDmING INSPECTOR: All persona desiring to
applyto the Co.zrnniasioners for a position aa Plumbing Inspector,
exeept the first Inspector, shall apply to the Board anl
be examined and obtain a certificate of qualification, and a
license to act aa Inspector, M Jl'•IJ'''' '•• ••••• ilils11JN1iH,
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and ho person not so holding a certificate may apply for sue~·
Inspector.
SECTION 14& No person shall engage in the business of
plumbing until he has first secured the permit and delivered
to the City the bond herein required; provided that no~ing
herein contained shall be construed as preventing any person
fro~ installing plumbing on his own premises with~h license;
and provided further that before said plumbing is connected with
the sewer, such owner or occup:antt shall ipply to the city for
an inspection of said plumbing by the City Plumbing Inspector
and deposit in advance w"i th the City such sum of money ae the
City Plumbing Inspector shall estimate as the coat of con-
necting such main with the service lines at the prope~ine .•
No such owner or occupant shall make the connection himself,
but same shall be done by the City.
A~~ Before any person shall engage in the ~ t.~~ plumbing businesa in the town of Lubbock, he shall execute
~ ~ and deliver to the City a bond reading substantially as follows&
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TEE STATE OF TEXAS
COUNTY OF LUBBOCK
PLUMBERS BOND
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____ ......,. _____ .....;PLUlmER
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I CITY OF LUBBOCK
____________ , as plumber, and
____________ , a,s surety, acknowledge themselves bound
to pay to the City of Lubbock. Texas, ~ll other persona who
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may be injured in person or property or suec on this bond, in
the sum of THREE THOUSAND & N0/100 ($3000.00) DOLLARS, paya.ble
at Lubbock, Texas, c ondi ti oned that the said plumberlf shall
faithfully and promptly comply with and perform all require-
ments of all ordinances heretofore or hereafter enacted by
the City of Lubbock, Texas, as well as all rules and regula-
tions prescribed by the Supervising Board of Plumbers, and also
~ reimburse and save harmless the city and all persons
who may be injured by negligent work or defective materials
in doing plumbing work.
This the ___ day of ____ ,1927.
Principal
Surety
It is apeci~lly enacted l ~l SECTIO!i FIFTEE!il SAVING CLAUSE•
01 ~ -\ 'tha t if' any portion of this Ordinance i a declared illegal by a
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Court of competent jurisdiction, that it is the intent ion to
enact each section of the ordinance separately and those
portions not found invalid shall continue in force.
SECTION SIXTEEN: All ordinances and ~rts of Ordinances in
\. conflict herewith are expressly reptaled.
~ v ·· SECTION SEVENTEEN: PENALTIES: Any person violating any
section hereof, or attempting to do plumbing, either as Master
or Journeyman, as defined herein, without having first obtained
/ their certificate of qualifica.ti on, shall be deemed guilty of a
I misdemeanor, as shall be any person whO f'refuses. to conform to
any other portion hereof, and shall be punished upon conviction
by a fine of not leas than(t25.00) Twenty Five Dollars, nor
more than Two Hundred teoo.oo) Dollars, and each day shall be
a separate offense. V SECTION EIGHTEEN: EMERGENCY: The fact that there is
no adequate ordinance providing for the licensing of plumbers,
and that such work is being done which ia unsanitary and a menane
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to the health of the inhabitants hereof, creates anemergency
and public necessity that the rule of the Charter requiring an
ordinance to be read at more than one meeting, be, and the same,
is hereby suspended, and this ordinance passed at the meeting
of its introduction, and it is so enacted, and this Ordinance
shall be in force from and after tendaya from its first pub-
lication.
192?.
1927.
Paastdd firat reading, ,Zf_day o~,.
Paaaed Second reao/,~day of~
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. .:f«vn~ Secretar~