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HomeMy WebLinkAbout1129 ORDINANCE NO. llg9 AN 0RDIN.~NCE of the City of Bremerton providing for the licensing of Engiheers in the City of Bremerton, defining the word "Engineer", providing for the licensing of Engineers, making it unlawful to employ unlicensed Engineers; creating a Board of Examiners and providing for examination fees and providing for renewal thereof: providing the grades of Engineers: Who shall issue same, providing for special Engineer's license and general provisions hereof: Providing the scope of the examination: Providing the duties of applicants and providing penalties for the violation hereof, and providing for a Grievance Co~nuittee. BE IT ORDAINED BY T~ CITY COI,,'2.:ISSION OF THE CITY OF BRE~!ERTON: Section 1. This ordinance shall constitute a part of the,License Code of the City of Bremerton and may be cited as such. Section 2. EXERCISE CR POLICE P0~fERS: This Ordinance shall be deemed an exercise of the police powers of the State of '~ashington and the City of Bremerton, for the protection of the public, economic and social welfare and health, and all of its provisions shall be liberally construed for the accomplishment of that purpose. DEFINITIONS: The term "Engineer" or "Steam Engineer" as used in this ordinance, shall mean and hereby does include all prime movers, using vapor from a boiler for motive power, and covers all forms of reciprocating steam engines, steam turbines, steam driven compressors or steam pumps, except that the steam. pumps and similar auxiliaries used only as appurtenances for the operation of a boiler shall be included with and covered by the bo~ler fireman's license. Section ~. The term "Steam Boiler" as used in this ordinance, means and includes any container wherein vapor under pressure is produced by boiling a l~quid, t~fhenever in this ordinance the singular form is used the plural is included and the words Steam engine or steam boiler covers the plural. Section 4. ENGINEER'S LICF~ISE: It shall be, after the taking effect of this ordinance, unlawful for any person to have charge of or operate a steam engine or steam boiler without first having a valid and subsisting license so to do, to be known as an Engineer's License; the fees for an Engineer's License shall be and is hereby fixed at Two Dollars for the original license and the stm~ of One Dollar for the renewal thereof. Such licenses shall be issued only after examination therefor, and shall be effective and valid for one year from the issuing thereof, provided that the first licenses issued shall be good only to Jtme Z0th after the license shall be issued and the renewals, if any there shall be, shall be for one year, beginning July 1st of the year in which it is issued; all licenses may be revoked for cause. Section 5. That there is hereby created a board of examiners, hereinafter called the "Board", and shall consist of one steam engineer and one boilermaker, shall board shall be chosen for office by the majority of the city conu~lisston. The butlermaker member of the said board shall be the boiler inspector. The fees collected under this ordinance shall be classed as E~amination Fees, Application Fees and renewal fees, also inspection foes and shall be disbursed as follows: For receiving applications and keeping the records and all clerical work, the city shall receive all of the application fees; 0he third of the examining fees; One third, of the renewal fees and One third of the inspection fees. Th~~. engineer member of the board shall receive one-third of the examining fees; the boiler maker inspector member of the board shall receive one-third of the examining fees and two-thirds of the renewal fees and two-thirds of the inspection fees. Section 6. That any license issued under the provisions of this ordinance may be renewed, upon the approval of the board of ex~niners, by making application therefor, with the written consent of the said board of examiners thereon, at least Ten (10) days before the expiration of the license, snd the regular examination for license hereunder shall be held at least one a year, and t~n days or more before the 30th of June or each year; the said board of examiners may hold other examinations when, in their opinion, the need requires, and should there arise an emergency, the said board of examiners may recoramend and ~he clerk of said commission or 0ity 01erk shall issue temporary license to those whom the said board shall reconnmend for such temporary license; but such temporary license, except for the fourth and fifth class licenses, hereinafter described, shall run no longer than thirty days. Section 7. THE BOARD OF EXAMINERS TO EXA~[INE ALL APPLICf~TS FOR ENGINEEr'S LICF~.~SE: An applicant for an engineer's license shall make application therefor to the City Clerk and upon payment of the examination fee, hereinafter provided, it shall be the duty of the said examining board, at the earliest practical time, (a) To provide a suitable examination to ascertain the applicant's knowledge Ord. 1129 (Cont) and ability to operate safely, and properly care for a steam engine (and) or steam boiler, within the scope of the license sought. (b) To keep a record of all applications and a results of the ex.ruination in all cases. (c) To certify to the City Clerk the result of each examination, and their recommendation regarding the licensing or refusal of a license to each applicant, giving the applicant's name, the grade of license such applicant is entitled to receive, if any, with limitations, if any, the applicant's residence address and place of employment. (d) To reconnuend for revocation, to the City Commission, of licenses of parties who hold license under the provisions above outlined, of any who may be known to be guilty of the violation of this ordinance, or deriliction of duty, or serious negligence, or otherwise found unfit for such service. The board may require affidavits regarding an applicant's character, training, experience and record, and such other supporting credentials as they may deem necessary to determine the fitness of such applicant for the grade of license applied for. The grade of license certificate for issuance may specify appropriate limitation., confining the holder thereof to the class of engine, boiler or steam plant ecmipment, or place of employment or nature of service on which applicant has sho¥~ coml~etency by examination. Section 8. E~L'~.[I~'L~TION ~EES: Every applicant for engineer's license, as required by this ordinance, shall pay to the City Clerk the following scale of e~s~aination fees ~or the examination provided in this ordinance: Grade one (!) Chief Engineer--Five Dollars; Grade two (2) Chief Engineer--Five Dollars. Grade three (3) Chief Engineer--Four Dollars. Grade four (4) ~ireman--Three Dollars. Grade five (5) Fireman--Two and 50/100 Dollars, and each applicant shall present the City Treasurer's receipt therefor as a prerequisite to ad~i~ssion to such examination by said Board of Exa~iners. Section 9. ?fHEN AN ENGINEER'S LICENSE ~,,~Y BE REFUSED: If the results of an examination of an applicant for an engineer's license is such that in the opinion of the ~oard, said applicant has not sufficient knowledge and experience in the operation of steam boilers or steam engines; or if the said Board finds the said applicant addicated to the use of narcotics or drugs or is mentally or is other- wise unfit to operate steam engines or steam boilers safely, the said board shall refuse to certify the applicant for engineer's license, and such action o~ the said board shall be final unless an appeal is taken to the Grievance Connnittee within ten (10) days from the date of such order by said board and the said grievance con~ittee shall be selected as follows: The said Board shall select one member of the grievance co~mmittee, the City Commission shall select one member of said grievance co~mmittee and these two members shall select a third member and all of the facts shall be submitted to this grievance co~nittee and their findings shall be filed with the Clerk of the City of Bremerton, which said findings shall be final. The members of this grievance colmmittee shall be qualified for the work they are called upon to do; that is, if is an appeal from a refusal to issue any particu- lar grade of license then the members of this connaittee must be qualified to properly judge the Fitness of any person for license under the particular class under which he is seeking to be licensed. It shall be sufficient cause to refuse an original engineer's license, or any renewal thereof, if the applicant has ever been convicted of the sale, use or possession of narcotic drugs, or of any of~'ense involving moral terpitude, or excessive drunkenness, or if the applicant through neglect or incompetency while in 5barge of a steam engine or steam boiler, has caused serious dama~'e to proI~erty or has endangered the lives of others. ~' Section 10. CITY CLERK TO ISSUE EI~GINEER'S LICENSE: ~.,~hen the name of an applicant has been certified by the said Board for a license, the said City Clerk shall issue the said person a license in accordance with said recommendation and certification. . Section 11. GRADES OF ENGINEER'S LICENSES: The grades of engineer's licenses shall be as follows: Grade one (1) Chief Engineer's licenses, unlimited horsepower. Grade Two (£) Chief Engineer'E, not exceeding 1,500 horse power. Grade three (3) Chief Engineer, not exceeding Two Hundred Fifty Horse~ower. Grade four (4) Foreman, operating boilers only. Grade five ($) Fireman, operating boilers, limited tO fifteen (15) pounds pressure, and not exceeding 500 sq.ft, heating surface. Every person on duty, in charge of a ste~,~ engine, must have~ a valid and subsisting engineer's license, of the proper grade, authorizing him to operate, or have charge oF,~such engine. Yfhen two or more engines are in operation, the combi~ed .operation of the engines of the engines shall be covered within, the scope of the license of the engineer on duty and in charge of their operation. Unless other- wise stated in the license, ant engineer may have charge of boilers in operation whose combined rated horsepower capacity does not exceed twice the engine horsepower allowed on his license. An otherwise unlimited grade four (4) fireman may have sole charge of separate boilers only, not to exceed rated horsepower of 200, but may have charge of boilers of greater capacity as head fireman on duty with an engineer of higher grade, responsible for the engines and boilers. · ~n otherwise unlimited grade five (5) fireman may have sole charge of separate boilers only, limited to fifteen (15) pounds pressure and not exceeding 500 sq. feet of boiler heating surface. A full license in any grade shall cover service in any lower grade. Section 12. CERTAIN EX~ERIENCE REf~UTR.'ED BEFORE ENO~INEER'$ LICE1,]~E ISSUED: No person shall receive a license of the first, second or third grade, who has not been employed at least three years in a position where he was directly connected with the care and ot~eration of a steam engine or steam boiler; provided, however, that any person who has served a regu!_a.r apprenticeship to the machinists trade in some steam engine works For a perio~ cz not less than three years, and any person who has graduated from some recognized school of technology, may be licensed as an engineer after having not less than one year's experience in a position where he has been employed in the direct care and operation of steam engines and steam boilers, and; provided further that any graduate engineer from a standard school may have any license the said Boar~ may deem his requirements may fit him to receive. Engineers of the fourth shall have at least one year's experience in the care and operation of steam boilers. ~I1 persons eligible for license of any grade shall be c~.tizens of the United States. Section 13. ENGINEER'S LICENSE TO BE POSTED OR CARRIED: It shall be the duty of each person in charge of, or operating any steam engine or steam boiler, to display in a conspicuous place in the room where the boiler is located, the license issued to him, such license being effective only for the operation of the steam plant where it is displayed. If the licensee is in charge of or is operating, a portable engine or boiler and the posting of his license is not practicable, he is required to carry the engineer's license issued to him on ~is person and on demand to exhibit the same. Section 14. BOILE~ IN$1~ECT0~ ~f. UST BE NOTIFIED OF PLACE OF EI~'~LOY~IENT: Any person holding a license to operate steam engines or steam boilers must keep the boiler inspector of the City informed; at all times, of any change of place of employment. He shall give notice within twenty-four (~4) hours after leaving a position and also .,~ithin twenty-four (24) hours after the acceptance of a new position. Such notice must be in writing, addressed to the boiler inspector of the City, ~iving the licensee's name, number and grade of license he holds and the address and name of the I~lant where he is newly employed and of the plant where he was last employed. Section 15. BOILER INSPECTC~t IS EX~0FFICI0 LICENSE INSPECTOR: In addition to his other duties prescribed by law, the boiler inspedtor shall, for the purpose of assisting in the enforcement of the License Code, insofar as ~ relates to engineer' licenses, be, and he is hereby, appointed ex-officio License Inspector. Section 16. Steam boilers ih bad condition TO BE REPORTED: Every person holding; an Engineer's License issued under the provisions of this ordinance, shall immediately upon talcing charge of any steam engine or steam boiler, thoroughly examine the same, and if he finds any part thereof in bad condition, caused by the neglect or dereliction of his predecessor, he shall report the fact to his employer and also to the Boiler Inspector of the City. The Boiler Inspector shall thereupon examine and investigate the same, and report any neglect or dereliction of duty on the part of any licensed person to the Board of Exsm~iners of the City, who shall note the facts of the case on the office records of the guilty licensee. No person shall be allowed to take charge of any steam boiler before first examining the boiler permit issued for such boiler, or boilers, by the Boiler Inspector, and seeing that the same is enforced. He shall note the pressure allowed by the permit and see that the safety valve works at a proper pressure. Any person in charge of any stee~'t boiler, or engine, must report to the and also to the Boiler Inspector, any damage or injury to any such boiler or engine under his charge or care, which effects the safety of such boiler or engine. Failure to make such a report to the Boiler Inspector shall be sufficient cause for the suspension or revocation of the Engineer's License held by the person in charge. Boilers shall be periodically, fully examined and tested to cqmply with the ruling of the Underwriters Code, such tests to be paid for by the o~maer, by a fee approved by the City Cor~.~ission. Ord. 1129 (cont) Section 17. PERSON IN CH.~GE OF STEJ~,,i ENGINE OR BOILER IViUST NOT LEAVE: No person licensed under the provisions of this ordinance, while operating a steam plant which recuires a licensed Engineer of the first, second, third or fourt'h grade shall leave the ir:nnediate vicinity of the steara plant for more than short or reasonable .period, such period to be determined by the Board, and in no case shall, any license Engineer of any grade leave the premises where he is employed while the engine or boiler under his charge is being operated without first stopping the engine and shutting off all burners where oil is used for fuel, or banking fires and shutting off all drafts where coal or other fuels are used, or without being relieved by auother properly licensed person. Section 18. CEIQTAIN PERSONS NOT REQUIRED TO ttAVE ENGINEERS LICENSES: Any person in charge of, or operating, any steam engine or steam boiler subject to regular inspection by a Federal Inspector or licensed by Federal Authorities, and persons ~n charge of boilers used in private dwellings for heating purposes only, are not required to obtain an engineer's license as in this ordinance provided. Section 19. A copy of ~his ordinance shall be posted by the employer in each boiler and engine room where licensed men are required. All charges against any person licensed under the provision of this ordinance shall be filed in writing with the said Board, who, after a thorough investigation,. may recommend the suspension or revocation of the license of any person found guilty of any neglect of duty or of any act of incompetency. Section 20. PENALTY: Any person violating or failing to comply with any of the provisions of this ordinance shall be deemed guilty of an misde~menor and upon conviction thereof, shall be punished by a fine in any sum not exceeding One Hundred Dollars, or by imprisonment in the city jail for a period not exceeding thirty days, or by both such fine and imprisonment. Section 21. WHO ~Y BE GUILT:f: Every person concerned in any act or on~nission in violation of this ordinance, whether he directly performs or omits to perform any act in violation of this ordinance, or aid or abets the same whether present or absent, and every person directly or indirectly counsels, encourages, hires, commands, induces or otherwise procurres another to co~nit such violation is, and shall be, a principal under the terms of this ordinance and shall be proceeded against and prosecuted as such. Section 22. This ordinance shall take effect and be in force thirty days {30) from and after its passage and approval and the first publication thereof. PASSED by the City Commission of the City of Bremerton, signed by the lv~ayor and attested by the City Clerk this 10th day of April, 1937. ! / ' - Mayor Attest: /City C l~e rk tho um!~:iT~ed d: certify i~:~t the the c~:~ of gremar~on, Washington ~ve date.