APPENDIX A – CHARTER ORDINANCESAPPENDIX A – CHARTER ORDINANCES\CHARTER ORDINANCE NO. 25

A CHARTER ORDINANCE EXEMPTING THE CITY OF NEWTON, KANSAS, FROM THE PROVISIONS OF ARTICLE 15, CHAPTER 12 OF THE KANSAS STATUTES ANNOTATED, BEING K.S.A. 12-1501 TO 12-1507, INCLUSIVE, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS THEREFOR RELATING TO CERTIFICATION OF PLUMBERS, EXAMINATION AND FEES THEREFOR, AND REPEALING CHARTER ORDINANCE NO. 13.

Section 1. By the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, the City of Newton, Kansas, hereby elects to exempt, and does hereby, exempt itself from the provisions of Article 15, Chapter 12 of the Kansas Statutes Annotated, being K.S.A. 12-1501 to 12-1507, inclusive, and provide substitute and additional provisions therefor, as hereinafter set forth in this ordinance. Said referenced statutes being an enactment which is applicable to said city, but is not applicable uniformly to all cities.

Section 2. Additional Local Regulations. The Uniform Plumbing Code incorporated by reference by section 6-301 of the Code of the City of Newton, Kansas, is hereby supplemented with additional local regulations, as follows:

(a)   Definitions. Whenever the following terms are used in this article or in the above described code, they shall be construed to have the following meaning:

(1)   Administrative Authority. The city building official, including his designated representatives. The powers and duties of the administrative authority shall be as set forth in the Uniform Plumbing Code, above described, and as set forth hereinafter.

(2)   Plumbing Contractor. In order to qualify under this article as a plumbing contractor, any person, firm, co-partnership, corporation, association or any combination thereof, which advertises or represents himself or itself to the public to have the capacity or ability to undertake or submit a bid or offer to install, construct, alter, repair, add to or remove, restore or replace any plumbing fixtures, drain laying water or gas piping or, appurtenances thereof, and having an established place of business located within a zoning district permitting such use, as provided by the zoning ordinance. Any such plumbing contractor having such an established place of business in any other city shall have the right to qualify in the business or trade of plumbing installations in the city by obtaining a plumbing contractor’s license as provided in subsection (c)(2) of this article and filing a bond as provided in subsection (e) of this article.

(3)   Master Plumber. A person who is qualified and certified by the administrative authority and equipped to properly layout and plan the installation, repairs and maintenance of plumbing or gas fitting, shall be a master plumber.

(4)   Journeyman Plumber. A person who is qualified and certified by the administrative authority to do plumbing, plumbing repairs and maintenance or in any way work at the occupation of plumbing and gas fitting for and under the direction of a certified master plumber shall be a journeyman plumber.

(5)   Gas Fitter. A person who is qualified and has been certified by the administrative authority to do gas fitting.

(6)   Water Treating Installer. A person who is qualified and certified by the administrative authority and equipped to properly layout and install water treatment equipment only. Any work required to separate water treating equipment from certain fixtures, silcocks, etc., shall not be done by water treating installers. Soil or waste pipes or water pipes connected to potable water shall be by licensed plumbers. The exchange rental units may be changed by water treating installers.

(7)   Potable Water. Potable water is water which is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the health authority having jurisdiction.

(b)   Permits.

(1)   No building or premises within or outside the city limits shall be connected with the water or sewer mains of the city and no plumbing, gas fitting or water treatment equipment shall be installed or reconstructed without written application giving the location of the premises and description and cost of the work contemplated. Permits shall be issued only to persons holding a valid current license of the classification for the work proposed to be done and the work shall be in charge of the contractor in whose name the permit is issued, a helper being permitted on work only when accompanied by the license holder; no more work is to be done than is authorized by the permit. Additional work will require another permit. When alterations are to be made which cannot be practically constructed in accordance herewith, special permits may be issued by the inspector if, in his judgment the conditions require it. No permit shall be required for minor repairs of leaks in pipes, traps or cocks, replacing frozen pipes inside building.

(2)   Any permit required by this code may be issued to any person to do any plumbing or drainage work regulated by this code in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings in the event that any such person is a bonafide owner of any such dwelling and accessory buildings and quarters, and that the same are occupied by or designed to be occupied by the owner. The owner shall personally purchase all material and shall personally perform all labor in connection therewith.

(3)   (Amended by C.O. No. 30 and C.O. No. 49)

(c)   License, Fees. No person, firm or corporation shall engage in the business or trade of plumbing, drain laying, water treatment installation, or gas fitting in the city or outside of the city in any building or on any premises connected to the city’s sewer, water or gas mains, without first securing the appropriate certificate in the manner and for the fee hereinafter set forth in this article or holding a valid current certificate issued by a municipality of the State of Kansas, which has incorporated the same Uniform Building Code as the City of Newton and which requires the same or equal certification and testing procedures as hereinafter provided in this article and without having first secured an appropriate license therefor, as hereinafter provided. The following license fees shall be paid for each calendar year and such fees or license term shall not be prorated:

(1)-(8)    [AMENDED BY CHARTER ORDINANCE NO. 49]

(9)   Licenses issued for plumbing contractors, master plumber and journeyman plumber shall entitle the holder thereof to engage in gas fitting and water treating installation without the necessity of securing an additional license therefor.

(10) A renewal license may be secured without an examination upon recommendation of the administrative authority, if it is secured not later than one month after the expiration of the previous license. Where no new license is secured within the time limit specified the applicant must be re-examined by the administrative authority as heretofore provided.

(d)   Certification and Testing.

(1)   It shall be the duty of the administrative authority to examine each applicant for a certificate to engage in the business of plumbing in the city; the examination shall be in the form of a standardized and objective test of a practical and elementary character, sufficiently strict to test the applicant’s qualifications and knowledge of plumbing, house draining and plumbing ventilation, gas fitting and water treatment installation within the classification of such certificate; the examination may be oral or written, but, if oral, a recording of the questions and answers will be taken and transcribed to become a part of the applicant’s file. Any applicant failing to pass an examination may be re-examined at any time after the expiration of three months. No part of the examination fee shall be refunded to the applicant.

(2)   Application, Fees. The application for the examinations shall be in writing on blanks to be furnished by the administrative authority and shall specify what kind of certificate the applicant desires and shall be accompanied by the following fees:

(A)  Master Plumber - $25;

(B)  Journeyman Plumber - $5;

(C)  Water Treating Installer - $5;

(D)  Gas Fitter - $5.

(3)   Certificates. An applicant successfully passing the examination shall thereupon be issued a certificate certifying to such fact and for the classification or classifications for which such examination was taken. The certificate or certificates shall be valid and renewable for the following periods:

(A)  Certificates shall expire on the 31st day of December in the year issued;

(B)  Certificates may be renewed within one month after the expiration date without examination and recommendation of the administrative authority. Thereafter the applicant must be re-examined by the administrative authority heretofore provided.

(e)   Plumbing Advisory Board.

(1)   There shall be in the city, a plumbing advisory board consisting of three members who are licensed plumbers. The three members shall consist of two master plumbers and one journeyman plumber. The members of the plumbing advisory board shall be appointed by the city manager, the first appointee to serve for a term of one year, the second appointee to serve for a term of two years, and the third appointee to serve for a term of three years from the first day of May. Thereafter all appointments shall be made for a three year term. Meetings shall be called by the secretary of the board when a meeting is needed. The city plumbing inspector shall act as secretary and shall be available for consultation with the board, but shall have not vote.

(2)   Compensation. The board of plumbing appeals shall receive such compensation as determined by the governing body.

(3)   Duties.

(A)  The plumbing advisory board shall hear and determine all appeals from the orders of the administrative authority and act as an arbitration board in deciding any matters that may arise between the administrative authority and any person relative to the interpretation of this article. All proceedings before the board shall be recorded in writing and the determination of the board shall be final.

(B)  Where conditions exist which are not covered by the uniform plumbing code or in which it may be shown that it is impractical to follow the requirements of the same, the plumbing advisory board may grant variances from the strict application of the uniform plumbing code. The board is further authorized and it shall be its duty to pass upon materials or methods of installation not specifically provided for in the uniform plumbing code and to accept or reject the same as complying or not complying with the intent of such code. The determination of the board shall be final.

(C)  The plumbing advisory board is further hereby given the responsibility of studying and making recommendations for code amendments relative to the use and installation of any products or materials that are being offered for use in plumbing installations and to review the plumbing code and regulations from time to time and make recommendations for code amendments to the governing body. A copy of such code amendments when they have become effective shall be sent to all persons holding a contractor’s license.

(D)  Any person who wishes an appeal or a variance from this code shall submit a written application to the administrative authority. The application shall be accompanied by a fee in the amount of $20 payable to the City of Newton. Such fee shall be retained by the city regardless of the outcome of the hearing. Upon receipt of a valid application and fee the administrative authority shall schedule a hearing at the next regular meeting of the plumbing advisory board.

(f)   (Amended by C.O. No. 34)

Section 3. The provisions of Section 2 of this charter ordinance shall not become effective until January 1, 1984. On and after January 1, 1984, Charter Ordinance No. 13 of said city shall be repealed, but shall continue in full force and effect until such date.

(10-19-83; C.O. No. 30; C.O. No. 34; C.O. No. 49)