AN ORDINANCE adding a new Chapter 6.235 to the Seattle Municipal Code, requiring installations, alterations, extensions and repair of gas piping to be done by licensed mechanics, and providing for such licensure.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. A new Chapter 6.235 is added to the Seattle Municipal Code as follows:

6.235.010 Compliance with Chapter required.

It is unlawful to engage in the business of installing, altering, extending, or repairing gas piping; or to contract for installing, altering, extending, or repairing gas piping, or to be employed as a gas piping mechanic except in accordance with the provisions of this Chapter.

6.235.020 Definitions.

Words and phrases used in this Chapter have the following meanings:

"Board" means the Gas Piping Advisory Board created by this Chapter.

"DCLU" means the Department of Design, Construction, and Land Use.

"Director of DCLU" means the Director of the Department of Design, Construction, and Land Use or his/her duly authorized representative.

"Director of the Health Department" means the Director of the SeattleKing County Department of Public Health or his/her duly authorized representative.

"Gas piping" means an installation of pipes, valves, or fittings that are used to convey fuel gas, installed on a premise or in a building, but shall not include service piping.

"Gas piping mechanic" means a person performing installation, alteration, extension, or repair of gas piping.

"Health Department" means the Seattle-King County Department of Public Health.

"Person" means any individual, firm, corporation, or association.

"Unlicensed gas piping worker" means a person without a gas piping mechanics license.

6.235.030 Unlawful Activities.

A. It is unlawful to engage in the installation, alteration, extension, or repair of gas piping without first obtaining a gas piping mechanic license from DCLU except:

1. Unlicensed gas piping workers pursuant to Section 6.235.040;

2. Those who have engaged in the business of gas piping installation, alteration, extension or repair for twelve months or more immediately preceding the passage of the Ordinance codified in this Chapter may continue to engage in that business for a period of six months following the effective date of this Ordinance; and

3. Property owners may install, alter, extend or repair gas piping at property owned by them without obtaining a license required by this Chapter. Property owners may install, alter, extend or repair gas piping in residential property owned by them comprised of no more than four dwelling units if the owner will occupy one of the units as his or her principal residence. Property owners' regular employees may install, alter, extend or repair gas piping at the owners' property, provided the employee has worked for the owner for at least one year. A gas piping permit is required whether or not a license is required.

B. It is unlawful to hire or contract with a person to install, alter, extend or repair gas piping who is not a licensed gas piping mechanic or an unlicensed gas piping worker according to Section 6.235.040.

C. It is unlawful for any person to knowingly:

1. Prevent or attempt to prevent any licensed gas piping mechanic from performing any act required to be performed by this Chapter; or

2. Require or attempt to require any licensed gas piping mechanic to perform any act prohibited by this Chapter.

D. It is unlawful to fail to abide by a stop work order issued by the Director of the Health Department.

6.235.040 Unlicensed gas piping workers.

An unlicensed gas piping worker shall, at all times, work under the direct supervision of a licensed gas piping mechanic. A licensed gas piping mechanic may supervise a maximum of one unlicensed gas piping worker on a jobsite.

6.235.050 Applications for mechanic licenses.

Applications for gas piping mechanic licenses shall be made to DCLU on a form provided by the department accompanied by the following:

A. Affidavits or declarations made pursuant to RCW 9A.72.085 signed by the applicant and employer(s) documenting that the applicant has one of the following:

1. At least 12 months of full-time experience as:

a. A gas piping mechanic;

b. An unlicensed worker under the supervision of a gas piping mechanic; or

c. A combination of 1a and 1b ; or

2. At least six months of full-time experience as:

a. A gas piping mechanic;

b. An unlicensed worker under the supervision of a gas piping mechanic; or

c. A combination of 2a and 2b; and

d. A certificate of completion for a Board-approved gas piping mechanic class; or

3. A valid plumbers license;

B. Picture identification; and

C. The required examination fee, as specified in Section 22.900E.050, which fee will be assessed each time the examination is given.

6.235.060 License examinations and issuance of licenses.

DCLU shall administer a written examination to applicants for gas piping mechanic licenses and shall issue a license to applicants who successfully complete the examination and pay the license fee specified in Section 22.900E.050. DCLU may examine any applicant for a renewal of a license and the Health Department may require reexamination of any gas piping mechanic at any time there is evidence of negligence or incompetence.

6.235.070 License expiration and renewal.

All licenses shall expire on May 31 of each year. Licenses may be renewed annually upon payment of the license fee. If more than one year has elapsed since the expiration of the license, the examination shall be retaken. A gas piping mechanic shall not install, alter, extend, or repair gas piping with a gas piping mechanic's license that is more than 90 days beyond its renewal date.

6.235.080 Revocation of license.

Any license issued pursuant to this Chapter may be revoked by the Director of the Health Department upon recommendation of the Board if any of the following is found:

1. The licensee has misrepresented facts related to installation, alteration, extension or repair of gas piping;

2. The licensee has provided false information on an application for a gas piping license or gas piping permit;

3. The licensee fails an examination administered according to Section 6.235.060; or

4. There are special circumstances that warrant revocation in the interests of public safety and welfare.

6.235.090 Gas Piping Advisory Board.

There shall be a Gas Piping Advisory Board for the purpose of advising the Health Department on:

1. Revocation of licenses;

2. Appeals of license revocations;

3. Written examination;

4. Code interpretations and overview;

5. Reinstatement of revoked licenses; and

6. Procedures for licensing of gas piping mechanics.

The Board shall consist of five voting members appointed by the Director of the Health Department: one member representing gas piping mechanics, one member representing gas piping contractors, one member representing the gas utility, one member representing gas piping manufacturers, and one member representing the general public. Representatives of the Health Department and DCLU shall serve as nonvoting members of the Board. The Board shall elect a chair and a secretary who shall serve at the pleasure of the Board.

6.235.100 Appeals.

Any person aggrieved by a decision about revocation or reinstatement of a gas piping license or an interpretation of this Chapter may appeal by filing a written petition to the Board. Appeals shall be heard by the Board no later than 30 days after receipt of such petition. The burden shall be on the appellant to introduce evidence showing that the decision or interpretation was in error.

Recommendations of the Board shall be in writing; shall be mailed to the Health Department and the appellant; and shall apply only to the case being heard. The Health Department shall make a final decision in writing and mail it to the appellant.

6.235.110 Inspections and Stop Work.

Licensees shall have their license card available while performing gas piping installation, alteration, extension or repair and shall present the card prior to or at the time of inspection of the installation, alteration, extension or repair at the request of the Director of the Health Department. If the Director of the Health Department finds any gas piping installation, alteration, extension, or repair is being done in violation of Section 6.235.030, the Director may issue a stop work order.

6.235.120 Reciprocity.

The Health Department may establish procedures for recognizing gas piping mechanic licenses issued by other jurisdictions in the State of Washington.

A person licensed in a jurisdiction outside the State of Washington must obtain a gas piping mechanic license pursuant to this Chapter prior to engaging in the business of installing, altering, extending, or repairing gas piping.

6.235.130 Penalties.

Conduct made unlawful by this Chapter constitutes a crime subject to the provisions of Chapter 12A.02, punishable by a fine not to exceed $5,000, or by imprisonment for a term not to exceed one year, or by both such fine and imprisonment.

Section 2. The provisions of this ordinance are declared to be separate and severable. The invalidity of any particular provision shall not affect the validity of any other provision.

Section 3. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of _______________, 1999, and signed by me in open session in authentication of its passage this _____ day of _______________, 1999. President of the City Council

Approved by me this _____ day of _______________, 1999. Paul Schell, Mayor

Filed by me this _____ day of _______________, 1999. City Clerk

3/31/2000 V#2