Chapter 4.58
PLUMBING TRADE COMPETENCY

Sections:

4.58.100    Purpose.

4.58.105    Applicability of title.

4.58.110    Definitions.

4.58.115    Definitions – Board.

4.58.120    Definitions – Director.

4.58.125    Definitions – Plumbing permit.

4.58.130    Definitions – Plumbing system.

4.58.135    Certificates and registration required.

4.58.137    Limited solar piping certificate.

4.58.140    Exemptions.

4.58.145    Exemptions – Contractors.

4.58.150    Exemptions – Utility work.

4.58.155    Exemptions – Public works.

4.58.160    Exemptions – Swimming pools and sprinklers.

4.58.165    Qualifications for certificates.

4.58.170    Application for reexamination.

4.58.175    Qualifications for registration.

4.58.180    Limitations upon work by registrants.

4.58.185    Board of plumbing examiners.

4.58.190    Testing for competency certificate.

4.58.192    Administrative regulations.

4.58.195    Appeals to hearing officer.

4.58.200    Training programs.

4.58.205    Term – Renewal.

4.58.210    Possession and use of certificate.

4.58.215    Discipline – Certificates of competency.

4.58.220    Discipline – Registration certificates.

4.58.225    Discipline – Procedure.

4.58.230    Discipline – Appeal hearings.

4.58.235    Fees.

4.58.240    Implementation and studies.

4.58.100 Purpose.

The purpose of this chapter is to regulate the competency of those persons not otherwise licensed who perform work for which a plumbing permit is required in connection with plumbing systems within buildings. This chapter is necessary to provide minimum standards of qualification for journey level plumbers who perform work within the city of Rancho Cordova. Plumbing work is complex and demanding and carries a high risk of harm to person and property if done improperly.

This chapter is not intended to regulate the competency of persons who perform plumbing work outside of buildings, because code violations associated with outdoors plumbing are more easily detected and not as expensive to remedy as are violations within buildings. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 647 § 1, 1986].

4.58.105 Applicability of title.

The licenses required by this chapter are called “certificates of competency” and “registration certificates.” Such certificates of competency and registration certificates shall be deemed to be special business licenses within the meaning of Chapter 4.02 RCMC. Except as otherwise expressly provided, the provisions of Chapter 4.02 RCMC shall be applicable to this chapter. Except as otherwise expressly provided, the provisions of Chapters 4.06 and 4.10 RCMC shall not be applicable to this chapter. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 647 § 1, 1986].

4.58.110 Definitions.

As used in this chapter, the terms identified by RCMC 4.58.115 through 4.58.130 shall be ascribed the meanings prescribed therein. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 647 § 1, 1986].

4.58.115 Definitions – Board.

“Board” shall mean the board of plumbing examiners established by RCMC 4.58.185. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 647 § 1, 1986].

4.58.120 Definitions – Director.

The city director of public works is charged with the responsibility of administering the regulations imposed by this chapter and exercising the authority conferred thereby. To these ends, the city director of public works shall be vested with the same powers and authorities in connection with certificates of competency and registration certificates as are vested in the chief of police under RCMC 4.02.100 and 4.02.105. Any reference to the “chief of police” in said sections shall be deemed to be a reference to the director in relation to the administration of the provisions of this chapter. The director, in connection with the administration of this chapter, shall not be empowered to adopt or promulgate administrative regulations pursuant to the provisions of RCMC 4.02.085 or otherwise. As used in this chapter, the term “director” shall mean the city director of public works. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 647 § 1, 1986].

4.58.125 Definitions – Plumbing permit.

“Plumbing permit” shall mean that permit required by Chapter 16.24 RCMC for enforcement of that plumbing code adopted under RCMC 16.24.030, as said chapter may hereafter be amended. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 647 § 1, 1986].

4.58.130 Definitions – Plumbing system.

“Plumbing system” shall mean and include all potable water supply 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, and shall include potable water piping, potable water treating or using equipment, fuel gas piping, and water heaters and vents for same; provided, however, that “plumbing system” shall not include sewer mains, water mains, drainage lines or fuel gas piping situated beyond the perimeters of a building. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 647 § 1, 1986].

4.58.135 Certificates and registration required.

Except as provided by RCMC 4.58.140 through 4.58.160, on and after April 1, 1987, no person shall labor for another for consideration at the work or trade of installing, removing, altering or repairing plumbing systems within the city of Rancho Cordova, when a plumbing permit is required for the work of installation, removal, alteration or repair, unless such person possesses a valid, unexpired and unrevoked certificate of competency issued pursuant to the provision of this chapter or possesses a registration certificate as a trainee issued pursuant to the provisions of this chapter.

Except as provided by RCMC 4.58.140 through 4.58.160, on and after April 1, 1987, no person shall hire, employ or contract for the services of any individual to labor at the work or trade of installing, removing, altering or repairing plumbing systems within the city of Rancho Cordova, when a plumbing permit is required for the work of installation, removal, alteration or repair, unless the individual so hired, employed or whose services are contracted possesses a valid, unexpired and unrevoked certificate of competency issued pursuant to the provisions of this chapter or possessing a registration certificate as a trainee issued pursuant to the provisions of this chapter. It shall be the duty of a person hiring, employing or contracting for the services to determine whether the individual or individuals to be hired possess such a certificate of competency or registration certificate.

Work for which a certificate of competency or registration certificate is required by this section is limited to that for which a plumbing permit is required, and not labor subordinate or ancillary thereto. The digging or filling of trenches for pipes, lines or drains; carrying or stacking of tools, pipes or other plumbing system materials; cleanup following the installation of plumbing systems; and other unskilled labor performed as an assistance to a journeyman plumber by a plumber’s helper shall not be deemed to require a certificate of competency or a registration certificate. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 670 § 1, 1986; SCC 647 § 1, 1986].

4.58.137 Limited solar piping certificate.

The board shall establish a certificate of competency and registration certificate for persons who perform work directly associated with the installation, removal, alteration, or repair of solar water heating equipment, and which is otherwise subject to this chapter. A person holding such a certificate shall be limited to performing work on potable water supply and distribution pipes pertaining to the solar system. No drain, waste, vent, or fuel gas piping work may be performed under a limited solar piping certificate.

Any competency examination prescribed by the board for this certificate shall test only those plumbing skills involving general plumbing knowledge and water pipe installation.

It shall be unlawful for any person holding a limited solar piping certificate of competency or registration certificate issued pursuant to this section to do plumbing work outside the scope authorized by this section and such a violation shall also constitute grounds for discipline under RCMC 4.58.215. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 681 § 1, 1987].

4.58.140 Exemptions.

The provisions of RCMC 4.58.135 shall not be applicable to work or labor performed on plumbing systems by persons described by RCMC 4.58.145 through 4.58.160. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 647 § 1, 1986].

4.58.145 Exemptions – Contractors.

The provisions of RCMC 4.58.135 shall not be applicable to work personally performed by a qualifying individual for a contractor authorized to perform the work under a license issued pursuant to the provisions of Section 7000 et seq. of the Business and Professions Code. Work performed by employees of such a licensed contractor who are not qualifying individuals for the license shall not be deemed to be exempt from the provisions of RCMC 4.58.135 by this section, and no such employee shall be authorized to perform such work without a certificate of competency or registration certificate as required by RCMC 4.58.135. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 647 § 1, 1986].

4.58.150 Exemptions – Utility work.

The provisions of RCMC 4.58.135 shall not be applicable to a public utility, contractor of a public utility or employee of a public utility or contractor in connection with work under the authority and jurisdiction of and regulated by the Public Utilities Commission of the state of California, the Federal Power Commission, or the Sacramento municipal utility district, which is not subject to regulation by the plumbing code adopted under RCMC 16.24.030, as said section may hereafter be amended. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 647 § 1, 1986].

4.58.155 Exemptions – Public works.

The provisions of RCMC 4.58.135 shall not be applicable to the federal, state or local governments, including the city or special districts, a contractor of such governments, or an employee of such governments or contractor in connection with work upon a public building or other public improvement or public project. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 647 § 1, 1986].

4.58.160 Exemptions – Swimming pools and sprinklers.

The provisions of RCMC 4.58.135 shall not be applicable to work associated with the installation, removal, alteration or repair of fire sprinkler systems, whether or not such fixtures or systems are situated within the perimeters of a building.

The provisions of RCMC 4.58.135 shall not be applicable to work associated with the installation, removal, alteration or repair of swimming pools, hot tubs, spas and other work within the scope of a C-53 license classification established under the provisions of Section 7000 et seq. of the Business and Professions Code, when such work is lawfully performed under said Section 7000 et seq. of the Business and Professions Code and any regulations promulgated thereunder by a person under such a C-53 license, whether or not such fixtures or systems are situated within the perimeters of a building. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 647 § 1, 1986].

4.58.165 Qualifications for certificates.

A. Following the filing with the director of a written application signed under penalty of perjury containing such information as the board may prescribe and payment of the application fee, the director shall issue a certificate of competency to any person who either:

1. Possesses a certificate of competency or other qualification document issued by another public agency as a result of the passing of an examination which the board finds has tested at a level and degree of plumbing competency which is substantially equivalent to or exceeds that required to be tested by this chapter; or

2. Has successfully completed a competency examination prescribed by the board in compliance with the requirements of this chapter.

B. Neither experience nor training requirements or standards shall be established as prequalifications for the entitlement to take the examination.

C. The director shall exempt from the performance element of the competency examination any person who has not less than 48 months of 40-hour per week experience performing work for which a certificate of competency is required by this chapter, as evidenced by an affidavit signed under penalty of perjury by employers or owners for whom the person has worked showing the months, days and hours of service and describing the specific plumbing functions performed. Alternative evidence of such experience in the performance of work for which a certificate of competency is required may be prescribed by the board as a basis for the exemption of applicants from the performance element of the competency examination; provided, that the director shall, in each instance where such alternative evidence is accepted, verify with employers or owners that an affidavit cannot be obtained for reasons which do not include the failure of the applicant to possess the experience claimed. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 670 § 2, 1986; SCC 647 § 1, 1986].

4.58.170 Application for reexamination.

Any individual who fails to pass the examination for competency as prescribed by the board may apply for reexamination. Should such individual fail to pass the examination for qualification a third time, the director shall refuse application for any further reexamination until after the expiration of six months. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 670 § 3, 1986; SCC 647 § 1, 1986].

4.58.175 Qualifications for registration.

Following the filing with the director of a written application signed under penalty of perjury containing such information as the board may prescribe and payment of the application fee, the director shall issue a registration certificate to any person who represents on the application that he or she desires to work as a trainee for the purpose of learning the trade of plumbing and gaining the training and experience necessary to successfully complete the examination for the certificate of competency. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 647 § 1, 1986].

4.58.180 Limitations upon work by registrants.

It shall be unlawful for a trainee holding a registration certificate issued pursuant to the provisions of this chapter to do plumbing work for which registration is required by RCMC 4.58.135 except under the direct supervision and in the immediate presence of a person holding a certificate of competency issued pursuant to the provisions of this chapter or a qualifying individual for a contractor authorized to do such work under a license issued pursuant to the provisions of Section 7000 et seq. of the Business and Professions Code. Except as authorized pursuant to RCMC 4.58.200, not more than one holder of a registration certificate shall perform work for which registration is required by RCMC 4.58.135 on a job site for each person who holds a certificate of competency or each qualifying individual for such a contractor who is physically present on the same job site.

It shall constitute a violation of the provisions of this chapter and grounds for a reprimand, suspension or revocation for a person holding a certificate of competency issued pursuant to the provisions of this chapter to supervise more than one person holding a registration certificate on a particular job site in the performance of work for which registration is required by RCMC 4.58.135 or more than the number of persons holding a registration certificate authorized by the board pursuant to the provisions of RCMC 4.58.200. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 647 § 1, 1986].

4.58.185 Board of plumbing examiners.

There is hereby established a board of plumbing examiners. The board shall be composed of seven members. The term of office for a member of the board shall be three years, or until his or her successor is appointed and qualifies, whichever is later; provided, that as to the first board, two members shall be appointed for a term of one year, two members shall be appointed for a term of two years, and three members shall be appointed for a term of three years. Members of the board shall serve at the individual pleasures of the city council, and shall be subject to removal without cause during their terms by the city council. Midterm vacancies shall be filled for the remainder for the unexpired term. Members of the board shall not receive compensation for their services.

The members of the board shall be appointed by the city council. At the time of appointment, one member of the board shall be a contractor licensed under the provisions of Section 7000 et seq. of the Business and Professions Code who is a signatory to a collective bargaining agreement regulating wages, hours and working conditions of building trades workers. At the time of appointment, one member of the board shall be a contractor licensed under the provisions of Section 7000 et seq. of the Business and Professions Code who is not a signatory to a collective bargaining agreement regulating wages, hours and working conditions of building trades workers. At the time of appointment, one member of the board shall be a journeyman plumber whose wages, hours and working conditions are regulated by a collective bargaining agreement. At the time of appointment, one member of the board shall be a journeyman plumber whose wages, hours and working conditions are not regulated by a collective bargaining agreement. At the time of appointment, one member of the board shall be a member of the American Society of Plumbing Engineers. At the time of appointment, one member of the board shall be either a high school or a community college vocational instructor. At the time of appointment, one member of the board shall be appointed to represent the public who is not either a plumber, licensed contractor or instructor.

The director shall serve as clerk of the board. The board shall elect a chairperson who shall serve for a term of one year. Meetings of the board shall be called and governed by the provisions of the Ralph M. Brown Act, commencing at Section 54950 of the Government Code. Four members of the board shall constitute a quorum for the transaction of business, and no action by the board shall be deemed valid unless it receives the affirmative votes of not less than four members. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 697 § 1, 1987; SCC 647 § 1, 1986].

4.58.190 Testing for competency certificate.

It shall be the duty of the board to approve and regulate the conduct of examinations for the purpose of determining the competency and knowledge of individuals applying for certificates of competency in plumbing work pursuant to RCMC 4.58.165(A)(2). The examination shall test at a level which assumes sufficient knowledge of both theory and practice to enable the applicant to perform competent plumbing work; shall consist of two separate elements, a written element relating to code and other plumbing theory, and a performance element which tests plumbing technique and workmanship; and the performance element shall be weighted and constitute not less than 50 percent of the combined score for both elements. The board shall prescribe what constitutes “successful completion” of the examination within the meaning of RCMC 4.58.165(A)(2).

Each applicant shall be entitled to take the written element of the examination required by RCMC 4.58.165(A)(2) not later than 30 calendar days following the date on which an application containing all required information is filed and the application fee is paid. The performance element of the examination required by RCMC 4.58.165(A)(2) will be given only during the months of January and July unless 12 or more applications are on file. The director shall act upon each application by granting or denying it not later than 45 calendar days following the date on which an application containing all required information is filed and the application fee therefor is paid. An application shall not be denied by the director or the board except on grounds that the applicant has failed to pass the examination, the applicant has refused to take the examination or a certificate of competency previously issued has been revoked or suspended. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 697 § 2, 1987; SCC 670 § 4, 1986; SCC 647 § 1, 1986].

4.58.192 Administrative regulations.

The board shall, pursuant to the provisions of RCMC 4.02.085 and in compliance with the procedures prescribed thereunder, adopt administrative regulations which:

A. Establish procedures for the conduct of examinations which ensure that the examination content and answers are kept confidential;

B. Establish procedures for the scheduling and entitlement to take examinations, including procedures which prescribe the order in which examinations may be taken or which regulate the interval between the taking of examinations by applicants who have failed them;

C. Regulate the period of time the results of an examination satisfactorily completed in part will remain effective;

D. Authorize an appeal to the board from any denial by the director of an application for a certificate of competency or of a request for exemption from the performance or written test elements of the competency examination, confer upon the appellant the right to a hearing by the board, and prescribe the grounds for such appeals and applicable procedures; provided, that no appeal shall be granted except for reasons expressly authorized by this chapter; and

E. Otherwise provide for the implementation and administration of the provisions of this chapter in a manner consistent with the express provisions hereof. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 670 § 5, 1986].

4.58.195 Appeals to hearing officer.

Any person whose application for a certificate of competency has been denied by the board or whose request for exemption from the performance or written test elements of the competency examination has been denied by the board may request an appeal hearing by a hearing officer by filing a written notice of appeal stating the grounds therefor with the director not later than 10 calendar days following the date of notice to the appellant of denial of the application. No such appeal may be filed preceding exhaustion of the appeal remedy required by RCMC 4.58.192, nor shall such an appeal be authorized in the event any time limits relating to such exhaustion have expired before that administrative remedy has been invoked. The director shall schedule the appeal for hearing by the hearing officer on the earliest date practical following the date of the appeal, and serve written notice of such time and date upon the appellant. The decision by the hearing officer of the appeal shall be final and binding, and no further appeal shall be authorized to any other city board or commission. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 670 § 6, 1986; SCC 647 § 1, 1986].

4.58.200 Training programs.

A. The one-to-one ratio of trainees possessing registration certificates to persons holding certificates of competency and qualifying individuals prescribed by RCMC 4.58.180 shall be subject to increase by the board for trainees who are enrolled in formal programs consisting of classroom instruction and structured on-the-job training established for the purpose of qualifying participants to pass the examination for the certificate of competency and otherwise becoming journeyman plumbers. Any determination by the board to increase the ratio shall contain a prescribed ratio which the board finds:

1. Is necessitated by the specialized characteristics of the program; and

2. Will result in a degree of supervision in the performance of work for which registration is required by RCMC 4.58.135, in light of the educational benefits of the program, which is least equivalent to that afforded by the supervision required under the one-to-one ratio prescribed by RCMC 4.58.180.

B. The board shall not be authorized to make a determination increasing the ratio except on the basis of a written application therefor by the sponsor of the program and following a public hearing; and in making such a determination the board shall be authorized to attach such conditions thereto as it deems necessary to satisfy the findings required above.

C. A decision by the board denying an application may be appealed to the city council by the applicant, and a decision granting an application may be appealed to the city council by any interested party. Any such appeal shall be commenced by filing a written notice of appeal with the clerk of the city council not later than 10 calendar days following the decision from which the appeal is taken. In deciding the appeal, the city council shall be bound by the findings required above. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 647 § 1, 1986].

4.58.205 Term – Renewal.

Notwithstanding the provisions of RCMC 4.02.080, the term of certificate of competency shall be three years from the date of issuance. Written application for renewal of the certificate shall be filed with the director. The director shall issue the renewed certificate in the ordinary course of business, without examination or other prequalification, and any fee prescribed for renewal shall reflect the reduced cost to the city of acting upon an application for renewal. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0728 § 1, 1988; SCC 647 § 1, 1986].

4.58.210 Possession and use of certificate.

Every holder of a certificate of competency or registration certificate shall carry the same with him or her at all times while doing any construction work regulated by this chapter, and shall exhibit it when asked to do so by the director. A holder of such a certificate or registration shall not lend the certificate or registration to any person or allow any other person to perform work for which the certificate or registration is required by RCMC 4.58.135 on a certificate or registration not issued in the name of the person performing the work. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 647 § 1, 1986].

4.58.215 Discipline – Certificates of competency.

A. A certificate of competency may be suspended or revoked or a person holding a certificate of competency may be reprimanded on any of the following grounds:

1. The willful or negligent misrepresentation of a material fact within the application for the certificate;

2. A willful or negligent violation of any of the provisions of RCMC 4.58.180 or 4.58.210; or

3. The willful or negligent violation, while performing work for which the certificate is required, of either:

a. The building code, as adopted by RCMC 16.04.030, as said section may hereinafter be amended;

b. The plumbing code, as adopted by RCMC 16.24.030, and as said section may hereafter be amended;

c. The mechanical code, as adopted by RCMC 16.32.030, as said section may hereafter be amended;

d. The electrical code, as adopted by RCMC 16.28.030, as said section may hereafter be amended;

e. The swimming pool code, as adopted by RCMC 16.36.030, as said section be hereafter be amended; or

f. The fire code, as adopted by RCMC 17.04.010, as said section may hereafter be amended.

B. A suspension of a certificate of competency shall not exceed a period of one year following the date on which the suspension is finally ordered following any appeal. The provisions of RCMC 4.10.155 relating to the period of revocation of special business licenses shall be fully applicable to the revocation of certificates of competency, and as applied to this chapter, the terms “special business license” or “license” as used in RCMC 4.10.155 shall mean certificate of competency. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 647 § 1, 1986].

4.58.220 Discipline – Registration certificates.

A. A registration certificate may be suspended or revoked on any of the following grounds:

1. The willful or negligent performance of work for which a registration certificate is required by RCMC 4.58.135 without being under the direct supervision and in the immediate presence of the holder of a certificate of competency or qualifying individual in violation of the provisions of RCMC 4.58.180; or

2. The willful or negligent violation of any of the provisions of RCMC 4.58.210.

B. A suspension of a registration certificate shall not exceed a period of one year following the date on which the suspension is finally ordered following any appeal. The provisions of RCMC 4.10.155 relating to the period of revocation of special business licenses shall be fully applicable to the revocation of registration certificates and, as applied to this chapter, the term “special business license” or “license” as used in RCMC 4.10.155 shall mean registration certificates. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 647 § 1, 1986].

4.58.225 Discipline – Procedure.

Proceedings for the suspension or revocation of a certificate of competency or a registration certificate shall be initiated by the director, by service upon the holder of the certificate of a written statement of charges which explains the factual reasons for initiation, including, in relation to grounds of code violation, the location of the work to which the violation relates, the nature of the work to which the violation relates, and the section or sections of the applicable code alleged to be violated. A copy of the provisions of this chapter shall be attached to the statement of charges.

Any such notice of revocation or suspension shall become effective and final for all purposes 15 calendar days following the date of service of the statement of charges upon the holder of the certificate, unless within said period the holder of the certificate files a written notice of appeal from revocation or suspension with the director. In the event of the filing of a timely notice of appeal, no such suspension or revocation shall become effective unless and until affirmed following a hearing by the board. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 647 § 1, 1986].

4.58.230 Discipline – Appeal hearings.

In the event of the filing of a timely notice of appeal, an evidentiary hearing shall be conducted upon the appeal by the board. Notice of the time, date and place of the hearing shall be served upon the appellant not later than 10 calendar days before the commencement thereof. The burden of proof shall rest upon the director. At the conclusion of the hearing, the board shall be empowered to refuse to suspend or revoke the certificate, or order revocation or suspension and, in so doing, shall not be bound by the specific disciplinary measure set forth in the statement of charges served by the director. A suspension or revocation of a certificate shall not be ordered by the board preceding the adoption of findings of fact and conclusions embodying the cause for the action, and the decision by the board shall be final and not appealable to any other city board or commission. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 647 § 1, 1986].

4.58.235 Fees.

Any fees established pursuant to the provisions of RCMC 4.02.060 for the purpose of defraying the costs of administering this chapter, in connection with applications for certificates of competency, shall be charged in separate and different amounts for each element of the examination for the certificate, shall not be refundable if one or both elements of the examination are failed, and shall be charged to an applicant each time an examination is taken notwithstanding payment by the applicant of the same fee for a past examination which has been failed. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 647 § 1, 1986].

4.58.240 Implementation and studies.

A. The board shall approve the two elements of the examination for the certificate of competency not later than July 1, 1986. Not later than July 1, 1987, the board shall file with the clerk of the city council a written report containing its recommendation for changes in the regulatory program contained in this chapter which includes the following:

1. Whether the registration of trainees who are not enrolled in formal instructional programs as authorized by this chapter should continue, or whether registration of trainees should be conditioned upon their enrollment in formal instructional programs;

2. Identification of the standards by which the city would approve or disapprove formal instructional programs as suitable for registration of the enrollees;

3. What the prescribed ratio between registrants and persons holding certificates of competency or qualifying individuals should be on the job site;

4. Whether experience or training qualifications should be established as a condition precedent to admission to the examination for the certificate of competency and, if so, the nature and extent of such training and experience requirements; and

5. Whether the prescribed type of examination for issuance of the certificate of competency should be altered and, if so, the nature of the alteration.

B. The director shall commence accepting applications for certificates of competency and registration certificates not later than November 15, 1986, and the examination for those seeking the certificate of competency shall be commenced not later than December 15, 1986. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 670 § 7, 1986; SCC 647 § 1, 1986].