SUBSTITUTE ORDINANCE NO. BL2004-178

An Ordinance amending Article I of Chapter 6.52 of the Metropolitan Code of Laws to require that plumbers doing business within the area of the Metropolitan Government be licensed, to add additional provisions regarding apprenticeship programs, and to add penalty provisions and additional grounds for violations.

BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Article I of Chapter 6.52 of the Metropolitan Code of Laws be and the same is hereby amended by deleting the phrase “certificate of registration”, wherein it appears in any section title or body of the sections in Article I, and substituting in lieu thereof the word “license”.

Section 2. That Article I of Chapter 6.52 of the Metropolitan Code of Laws be and the same is hereby amended as follows:
1. By replacing the word “certificate” with the word “license”.
2. By replacing the word “certificates” with the word “licenses”.
3. By replacing the word “certified” with the word “licensed”.
4. By replacing the word “certification” with the word “licensing”.

Section 3. That Section 6.52.010 of the Metropolitan Code of Laws be and the same is hereby amended by deleting the provisions of the section in their entirety and substituting in lieu thereof with the following new provisions:
“ For the purposes of this chapter and Chapters 2.92 and 16.12, every person engaged in the business of plumbing or in the performance of any plumbing work, including the construction, renovation, installation, alteration, extension, removal, reparation, maintenance, or servicing, or any plumbing installation for which a permit is required, within the metropolitan government area, shall be licensed by the board of plumbing examiners and appeals in one of the following classifications:
1. Metropolitan master plumber;
2. Metropolitan journeyman plumber;
3. Metropolitan apprentice plumber.
Nothing in this chapter shall apply to plumbing work performed by persons at or in their own residences.”

Section 4. That Section 6.52.020 of the Metropolitan Code of Laws be and the same is hereby amended by adding the following provision at the end of the definition of “Metropolitan apprentice plumber”:
“; and one who is enrolled in an apprenticeship program registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training in accordance with the requirements of 29 C.F.R. § 29, or any nationally accredited apprenticeship program, and consists of, at a minimum, 8,000 hours of documented practical experience combined with a minimum of 600 hours of classroom and/or shop instruction in the plumbing trade.”

Section 5. That Section 6.52.030 of the Metropolitan Code of Laws be and the same is hereby amended by deleting the provisions of such section in their entirety and substituting in lieu thereof the following new provisions:
“ It is unlawful for any person to engage in the business of plumbing, to do or perform any plumbing work requiring a plumbing permit including the construction, renovation, installation, alteration, extension, removal, reparation, maintenance, or servicing, or any plumbing installation, as a master plumber, journeyman or apprentice plumber, without first having been examined, licensed and registered as such by the board of plumbing examiners and appeals.”

Section 6. That Section 6.52.090 of the Metropolitan Code of Laws be and the same is hereby amended by adding the following new subsection D:
“ D. Notwithstanding any other provision of this Article to the contrary, any master plumber, journeyman plumber, or apprentice plumber who possesses a current and valid certificate of registration issued in accordance with the provisions of Article I of Chapter 6.52 in effect at the time of the enactment of the ordinance requiring the licensing of plumbers, shall retain and be entitled to all of the rights and privileges of a licensed master plumber, licensed journeyman plumber, or licensed apprentice plumber, and shall be entitled to renew such license.”

Section 7. That Section 6.52.120 of the Metropolitan Code of Laws be and the same is hereby amended as follows:
1. By deleting the section title and substituting in lieu thereof the following new section title:
“ 6.52.120 License—Revocation and suspension—Penalties—Inspections.”
2. By amending subsection A. by deleting the first sentence in its entirety and substituting in lieu thereof the following new provision:
“ The board of plumbing examiners and appeals shall revoke or suspend a license issued to any master plumber, journeyman, or apprentice plumber and may impose penalties including but not limited to the issuance of stop work orders, fines, and suspension of work privileges upon positive proof that such person or persons:”

3. By adding the following provisions at the end of subsection A.:
“ 6. Permitting himself or his company to represent itself as in the business or art of plumbing unless it employs a master plumber;
7. Knowingly took out a permit for work to be done by persons without a license issued by the board of plumbing examiners and appeals to engage in plumbing work, including the construction, renovation, installation, alteration, extension, removal, reparation, maintenance, or servicing of any plumbing installation for which a permit is required, as a master plumber, journeyman or apprentice plumber.”
4. By adding the following new subsection E.:
“ E. The department of codes administration shall have the authority to enforce the provisions of this chapter through the use of initial work-site inspections, scheduled work-site inspections, and unannounced work-place inspections.”

Section 8. Except as amended herein, all previous ordinances not inconsistent with the terms of this Ordinance shall continue in full force and effect.

Section 9. This Ordinance shall take effect from and after its enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Brenda Gilmore, Rip Ryman, David Briley, Ludye N. Wallace

LEGISLATIVE HISTORY

Introduced: March 16, 2004
Passed First Reading: March 16, 2004
Referred to: Budget & Finance Committee
Codes, Fair & Farmers Market Committee  
Deferred: April 6, 2004
Substitute Introduced: April 20, 2004
Deferred to May 18, 2004: April 20, 2004
Passed Second Reading: May 18, 2004 
Passed Third Reading: June 1, 2004 
Approved: June 2, 2004 
By: