HomeMy WebLinkAboutCRPS-06-140 - Amend Chapter 578 of The Municipal code (Plumbing Contractor-Master Plumber-Journeyman Plumber)l
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Corporate Services
Report To: Councillor B. Vrbanovic, Chair and Members of the Finance
and Corporate Services Committee
Date of Meeting: September 18, 2006
Submitted By: R. Gosse, Director of Legislated Services/City Clerk
Prepared By: Patricia Harris, Manager of Licensing
wards} Involved:
Date of Report: September 11, 2006
Report No.: CRPS-06-140
Subject: REQUEST TO AMEND CHAPTER 578 OF THE MUNICIPAL
CODE (PLUMBING CONTRACTOR-MASTER PLUMBER-
JOURNEYMAN PLUMBER
RECOMMENDATION:
That staff prepare a by-law to amend Chapter 578 of the Municipal Code (Plumbing Contractor-
Master Plumber-Journeyman Plumber to remove the requirement of writing and passing an
exam to obtain a municipal licence; and further
That staff initiate the required public process with respect to the amending by-law.
BACKGROUND:
The City of Kitchener has required Master Plumbers to write an exam before they are approved
for a licence and have licensed both Master Plumbers and Plumbing Contractors since 1973.
The City was involved with reciprocal agreements with several municipalities across the
Province whereby if a plumber wrote an exam in a city under the reciprocal agreement, they
would not be required to write an exam in each municipality, but they were required to obtain a
licence in each municipality.
In 2001 the Province of Ontario passed a new Municipal Act governing business licences. In
Regulation 243/2 Section 10 it states that "a municipality does not have the power under Part IV
of the Act to impose on any business or individual carrying on or engaged in a trade, other
occupation or skill set any conditions that requires an individual carrying on or engaged in the
trade, other occupation or skill set to complete examinations in relation to, or obtain any
certificate issued by or on behalf of the municipality in relation to, his or her competency to
perform the trade, other occupation or skill set if the individual holds a certificate in that trade,
occupation or skill set under the Trades Qualification and Apprenticeship and Certification Act,
1998.
REPORT:
Under Regulation 243/2 Section 10 of the Ontario Municipal Act, municipalities can no longer
examine businesses or individuals carrying on or engaged in a trade, other occupation or skill
set to determine his or her competency to perform the trade, if the individual holds a certificate
in that trade, occupation, or skill set under the Trades Qualification and Apprenticeship and
Certification Act, 1998. The Municipal Act, however, does permit municipalities to licence trades
and occupations.
The City of Kitchener licences Master Plumbers and Plumbing contractors under consumer
protection. It has been determined that requiring those performing plumbing work to work under
the supervision of a Master Plumber with specified qualifications contributes to a higher
standard of plumbing work and thus protects consumers. It also protects consumers as there is
a record of licence holders and the ability to require legal and honest operation of such
businesses and to hold licensees responsible when the business is not conducted in
accordance with the law or with integrity.
The Electrical Safety Association took over the responsibility of examining and licensing Master
Electricians and Contractors in July of 2006 but the Province of Ontario has not done the same
for Master Plumbers & Contractors. Although, municipalities are no longer able to examine
plumbers before they obtain a Master Plumber's licence staff feel that it is still necessary to
licence Master Plumbers and Contractors to provide protection for the consumer.
Licensing staff surveyed several municipalities across the Province and found that in most
cases they were still licensing Master Plumbers and Contractors. The only exceptions were the
City of Cambridge who are no longer licensing either Master Plumbers or Contractors and the
City of Guelph who are currently licensing just Plumbing Contractors. Municipalities such as
Windsor, London, Hamilton, Sarnia, Mississauga, Brantford, etc are still licensing Master
Plumbers, but are not requiring them to write an examination.
Requirements that most municipalities have included in their Master Plumbers and Contractors
by-laws and may be included in the City's by-law are as follows:
• Must have a valid Certificate of Qualification under the Apprenticeship and Certification
Act and have held that certificate for at least two years.
• Must have proof of general liability insurance -minimum $2,000,000.00
• Must obtain a Police Clearance Letter
• May only work as a Master Plumber for one Plumbing Contractor.
• Must display the name of the Plumbing Contractor and their municipal license number
on both sides of all vehicles used on a regular basis by the licensee in the course of
business.
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FINANCIAL IMPLICATIONS:
The Municipal Act requires that a public meeting be held before passing a licensing by-law and
that notice be given to allow the public an opportunity to make comment. The notice in this case
will be in the Record at an estimated cost of $500.00 and will include information regarding
several other licensing by-law amendments.
(MRS) PATRICIA HARRIS
MANAGER OF LICENSING