Highlighted below: 20 of 20 extracted standards. Sections and highlights carry their own anchors.
Chapter 11 - BUILDING REGULATIONS#
Footnotes:#
(1) ---
Cross reference— Erosion and sediment control, Ch. 14; fire prevention and protection, Ch. 15; special construction requirements for restaurants and other food establishments, § 16-26 et seq.; housing code, Ch. 19; mobile homes and mobile home parks, Ch. 21; limitation on noise from building operations, § 23-12; purchase of secondhand building hardware, plumbing fixtures, etc., § 25-32; sewers and sewage disposal, Ch. 31; street numbers for lots and buildings, § 33-4; payments for street improvements prior to issuance of building permit, § 33-8; occupancy of street with building materials and protection of pedestrians during building operations, § 33-15; barriers to protect public during building operations, § 33-16; gutters required for eaves over sidewalks, § 33-22; snow-breaks required for buildings on street lines, § 33-24; cellars and other areas which open in sidewalk, § 33-81 et seq.; setback lines on specific streets, § 33-121 et seq.; zoning ordinance, App. A; subdivision regulations, App. B.
State Law reference— Enforcement of statewide building code, Code of Virginia, § 36-105; Uniform Statewide Building Code, Code of Virginia, § 36-97 et seq.; statewide building code regulations, 13 VAC 5-63-10 et seq.
Sec. 11-1. - Fire limits.#
The fire limits of the city shall include and extend to all of the territory embraced in the main business district as shown on the zoning map of the city, as amended from time to time.§ Such map shall be on file in the office of the city engineer.
(Code 1963, § 10-1; Ord. No. 2010-20, 9-14-10)
Sec. 11-2. - Smoke detectors.#
(a) Approved type smoke detectors shall be installed in all of the following structures or buildings constructed within the city prior to the adoption of the Uniform Statewide Building Code:
(1) Any multifamily building containing four (4) or more dwelling units.§
(2) Any hotel or motel regularly used, offered for, or intended to be used to provide overnight sleeping accommodations for one (1) or more persons.§
(3) Rooming houses regularly used, offered for, or intended to be used to provide overnight sleeping accommodations and which contain more than four (4) units.§
(b) Smoke detectors installed pursuant to this section shall be installed in conformance with the provisions of the Uniform Statewide Building Code. The type of smoke detector may be either battery operated or AC powered units.
(c) With respect to multifamily buildings containing four (4) or more dwelling units, the owner of each such unit which is rented or leased, at the beginning of each tenancy and at least annually thereafter, shall furnish the tenant and the Fire Marshall, Hopewell Bureau of Fire, with a certificate that all required smoke detectors are present, have been inspected, and are in good working order.
(d) Smoke detectors located in multifamily buildings containing four (4) or more dwelling units and not located in hallways, stairwells, and other public or common areas, shall be tested on an interim basis and maintained by the tenant; provided, however, that the owner shall be obligated to install new batteries in battery operated units at the beginning of each tenancy, and shall be obligated to service, repair, or replace any malfunctioning smoke detectors within five (5) days of receipt of written notice that such smoke detector is in need of service, repair, or replacement. All other smoke detectors required pursuant hereto shall be tested, repaired, and maintained in working order by the owner of the structure or building. The owner shall maintain a written record of tests and repairs.
(e) Appropriate permits must be secured for the installation of smoke detectors powered by alternating current.
(f) This article shall be administered and enforced by the Fire Marshall, Hopewell Bureau of Fire.
(g) Any person who violates any provisions of this article shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
(Ord. No. 83-4, 6-14-83; Ord. No. 2010-20, 9-14-10)
Sec. 11-3. - Unsafe structures.#
(a) Correction by owner. The owners of property within the City of Hopewell shall, at such time or times as the building official may prescribe, remove or repair any building, wall, or other structure which might endanger the public health or safety of other residents of the City of Hopewell.§
(b) Correction by city. The building official may remove any building, wall, or any other structure which might endanger the public health or safety of other residents of the city wherein the owner of such property after reasonable notice and after reasonable time to do so has failed to remove or repair said building, wall, or other structure.
(c) The building official may remove, repair or secure any building, wall or any other structure that might endanger the public health or safety of other residents of the city, if the owner and lienholder of such property, after reasonable notice and a reasonable time to do so, has failed to remove, repair, or secure the building, wall or other structure. For purposes of this section, repair may include maintenance work to the exterior of a building to prevent deterioration of the building or adjacent buildings. For purposes of this section, reasonable notice includes a written notice (i) mailed by certified or registered mail, return receipt requested, sent to the last known address of the property owner and (ii) published once a week for two (2) successive weeks in a newspaper having general circulation in the city. No action shall be taken by the city to remove, repair, or secure any building, wall, or other structure for at least thirty (30) days following the later of the return of the receipt or newspaper publication, except that the city may take action to prevent unauthorized access to the building within seven (7) days of such notice if the structure is deemed to pose a significant threat to public safety and such fact is stated in the notice.
(d) Costs of correction by city to be charged to owner, become lien against property. In the event that the building official removes any building, wall, or any other structure after complying with the notice provisions of this section, the costs or expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the city as taxes and levies are collected. Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property.
(e) The city may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.
(f) The building official may assess a civil penalty, not to exceed a total of one thousand dollars ($1,000.00) for violations of this section.
(Ord. No. 81-18, 11-24-81; Ord. No. 89-19, 8-8-89; Ord. No. 2010-20, 9-14-10)
Sec. 11-4. - Illegal drugs.#
(a) Definition.
Affidavit means the affidavit prepared by the city in accordance with subdivision (b)(1) hereof.
Controlled substance means illegally obtained controlled substances or marijuana, as defined in Code of Virginia, § 54.1-3401.
Corrective action means the taking of steps which are reasonably expected to be effective to abate drug blight on real property, such as removal, repair or securing of any building, wall or other structure.
Drug blight means a condition existing on real property which tends to endanger the public health or safety of residents of the city and is caused by the regular presence on the property of persons under the influence of controlled substances or the regular use of the property for the purpose of illegally possessing, manufacturing or distributing controlled substances.
Owner means the record owner of real property.
Property means real property.
(b) The city manager, or his designee, may undertake corrective action with respect to drug blighted property in accordance with the procedures described herein:
(1) The city manager or his designee shall execute an affidavit, citing this section, to the effect that (i) drug blight exists on the property and in the manner described therein; (ii) the city has used diligence without effect to abate the drug blight; and (iii) the drug blight constitutes a present threat to the public's health, safety or welfare.
(2) The city shall then send a notice to the owner of the property, to be sent by regular mail to the last address listed for the owner on the city's assessment records for the property, together with a copy of such affidavit, advising that (i) the owner has up to thirty (30) days from the date thereof to undertake corrective action to abate the drug blight described in such affidavit and (ii) the city will, if requested to do so, assist the owner in determining and coordinating the appropriate corrective action to abate the drug blight described in such affidavit.
(3) If no corrective action is undertaken during such thirty-day period, the city shall send by regular mail an additional notice to the owner of the property, at the address stated in the preceding subdivision, stating the date on which the city may commence corrective action to abate the drug blight on the property, which date shall be no earlier than fifteen (15) days after the date of mailing of the notice. Such additional notice shall also reasonably describe the corrective action contemplated to be taken by the city. Upon receipt of such notice, the owner shall have a right, upon reasonable notice to the city, to seek equitable relief, and the city shall initiate no corrective action while a proper petition for relief is pending before a court of competent jurisdiction.
(c) If the city undertakes corrective action with respect to the property after complying with the provisions of subdivision (b)(1), the costs and expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the city as taxes are collected.
(d) Every charge authorized by this section with which the owner of any such property has been assessed and which remains unpaid shall constitute a lien against such property with the same priority as liens for unpaid local taxes and enforceable in the same manner as provided in Code of Virginia, articles 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of chapter 39 of title 58.1.
(e) If the owner of such property takes timely corrective action pursuant to this section, the city shall deem the drug blight abated, shall close the proceeding without any charge or cost to the owner and shall promptly provide written notice to the owner that the proceeding has been terminated satisfactorily. The closing of a proceeding shall not bar the city from initiating a subsequent proceeding if the drug blight recurs.
(f) Nothing in this section shall be construed to abridge or waive any rights or remedies of an owner of property at law or in equity.
(Ord. No. 2010-20, 9-14-10)
Sec. 11-5. - Derelict buildings.#
(a) Definitions.
Building official shall mean the person designated by the city manager to enforce the provisions of this section.
Derelict building shall mean a residential or nonresidential building or structure, whether or not construction has been completed, that might endanger the public's health, safety, or welfare and for a continuous period in excess of six months, it has been:
(1) Vacant,
(2) Boarded up in accordance with the building code, and
(3) Not lawfully connected to electric service from a utility service provider or not lawfully connected to any required water or sewer service from a utility service provider.§
(b) If a building qualifies as a derelict building pursuant to this section, the building official shall notify the owner of the derelict building that the owner is required to submit to the city a plan, within ninety (90) days, to demolish or renovate the building to address the items that endanger the public's health, safety, or welfare as listed in a written notification provided by the city. Such plan shall be on the form developed by the building official, and shall include a proposed time within which the plan will be commenced and completed. The plan may include one (1) or more adjacent properties of the owner, whether or not all of such properties may have been declared derelict buildings. The plan shall be subject to approval by the building official. The building official shall deliver the written notice to the address listed on the real estate tax assessment records of the city. Written notice sent by first-class mail, with a U.S. Postal Service Certificate of Mailing shall constitute delivery pursuant to this section.
(c) If the building official delivers written notice and the owner of the derelict building has not submitted a plan within ninety (90) days as provided in subdivision (b), the building official may exercise such remedies as provided in this section or as otherwise provided by law.
(d) The owner of a building may apply to the building official and request that such building be declared a derelict building for purposes of this section.
(e) The building official, upon receipt of the plan to demolish or renovate the building, at the owner's request, shall meet with the owner submitting the plan and provide information to the owner on the land use and permitting requirements for demolition or renovation.
(f) If the property owner's plan is to demolish the derelict building, the building permit application of such owner shall be expedited. If the owner has completed the demolition within ninety (90) days of the date of the building permit issuance, the city shall refund any building and demolition permit fees. This section shall not supersede any ordinance adopted pursuant to Code of Virginia, § 15.2-2306 relative to historic districts.
(g) If the property owner's plan is to renovate the derelict building, and no rezoning is required for the owner's intended use of the property, the site plan or subdivision application and the building permit, as applicable, shall be expedited. The site plan or subdivision fees may be refunded, all or in part, but in no event shall the site plan or subdivision fees exceed the lesser of fifty (50) percent of the standard fees established by the ordinance for site plan or subdivision applications for the proposed use of the property, or five thousand dollars ($5,000.00) per property. The building permit fees may be refunded, all or in part, but in no event shall the building permit fees exceed the lesser of fifty (50) percent of the standard fees established by the ordinance for building permit applications for the proposed use of the property, or five thousand dollars ($5,000.00) per property.
(h) Prior to commencement of a plan to demolish or renovate the derelict building, at the request of the property owner, the real estate assessor shall make an assessment of the property in its current derelict condition. On the building permit application, the owner shall declare the costs of demolition, or the costs of materials and labor to complete the renovation. At the request of the property owner, after demolition or renovation of the derelict building, the real estate assessor shall reflect the fair market value of the demolition costs or the fair market value of the renovation improvements, and reflect such value in the real estate tax assessment records. The real estate tax on an amount equal to the costs of demolition or an amount equal to the increase in the fair market value of the renovations shall be abated for a period of not less than 15 years, and is transferable with the property. The abatement of taxes for demolition shall not apply if the structure demolished is a registered Virginia landmark or is determined by the Department of Historic Resources to contribute to the significance of a registered historic district.
(i) Notwithstanding the provisions of this section, the building official may proceed to make repairs and secure the building under Code of Virginia, § 15.2-906, or the building official may proceed to abate or remove a nuisance under Code of Virginia, § 15.2-900. In addition, the city may exercise such remedies as may exist under the Uniform Statewide Building Code and may exercise such other remedies available under general and special law.
(Ord. No. 2010-20, 9-14-10)
ARTICLE II. - BUILDING CODE#
DIVISION 1. - IN GENERAL#
Sec. 11-16. - Adopted.#
There is hereby adopted for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, the Virginia Uniform Statewide Building Code, including all future amendments to said code, and the same is hereby adopted and incorporated as fully as if set out at length herein and the provisions thereof shall be controlling in the construction of all buildings and structures within the corporate limits of the city; provided that:
(1) Wherever the term "jurisdiction" or "name of jurisdiction" is used in the building code, it shall mean the City of Hopewell, Virginia.
(2) Wherever the term "legal counsel" or "legal officer" is used in the building code, it shall mean the city attorney for the City of Hopewell, Virginia.
(Code 1963, §§ 10-12, 15-42, 28-37; Ords. (3) of 7-22-75; Ord. No. 85-24, 10-14-86; Ord. No. 88-7, 3-8-88; Ord. No. 95-27, 9-26-95; Ord. No. 2004-03, 2-24-2004)
State Law reference— Virginia Uniform Statewide Building Code, Code of Virginia, § 36-97 et seq.
Sec. 11-17. - Availability of copies.#
Copies of the Virginia Uniform Statewide Building Code are available to members of the public in the office of the state department of housing and community development in accordance with section 36-104, Code of Virginia. Copies of the publications adopted therein shall be offered for sale, when available, at the office of the building official during regular business hours.
(Code 1963, § 15-43)
Sec. 11-18. - Reserved.#
Editor's note— Ord. No. 95-29, adopted Sept. 26, 1995, repealed § 11-18, pertaining to penalty for violations, and which carried no history note.
Sec. 11-19. - Exemptions from permit requirements.#
No permit shall be required under the provisions of the building code adopted by this article for new construction or repairs where the cost thereof is less than one thousand dollars ($1,000.00), except in the case of plumbing and electrical work, unless the work involves structural changes, health or safety.§
(Code 1963, § 10-14; Ord. No. 82-11, 5-25-82)
Sec. 11-20. - Fee for building permits and inspections.#
(a) Upon the issuance of a permit under the building code adopted by this article, for the construction or repair of a structure or building, for the demolition or moving of a building, for plumbing permits and inspections, for electrical permits and inspections, for mechanical permits and inspections, and for active solar system permits, there shall be paid a permit fee in accordance with rate schedules as are from time to time by resolution or ordinance set by city council.
(b) The payment of the fee for the construction, alteration, removal or demolition and for all work done in connection with or concurrently with the work contemplated by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that may be prescribed by law or ordinances for water taps, sewer connections, electrical permits, erection of signs and display structures, marquees or other appurtenant structures, or fees for inspections, certificates of use and occupancy or other privileges or requirements, both within and without the jurisdiction of the department of building inspection.
(Code 1963, § 10-15; Ord. of 1-13-76; Ord. No. 82-11, 5-25-82)
Cross reference— Payments for street improvements prior to issuance of building permit, § 33-8.
Sec. 11-21. - Bond for demolition of building.#
In addition to a permit fee for the demolition of a building, and prior to the issuance of such permit, an applicant shall post a bond, satisfactory to the building official, in the amount of five hundred dollars ($500.00).§ Such bond shall be payable to the city for the protection against damages to adjoining properties and to ensure that all material and rubbish is removed from a site within thirty (30) days from date of completion of the demolition of such building.§
(Code 1963, § 10-16; Ord. of 1-13-76; Ord. No. 82-11, 5-25-82)
Secs. 11-22—11-24. - Reserved.#
Editor's note— Ord. No. 82-11, adopted May 25, 1982, rescinded former §§ 11-22—11-24 which pertained to fees for permits to move buildings, plumbing permits and inspections, and electrical permits and inspections, and were derived from Code 1963, §§ 15-36, 28-36, and an ordinance enacted Jan. 13, 1976.
DIVISION 2. - BOARD OF BUILDING CODE AND FIRE PREVENTION CODE APPEALS#
Sec. 11-30. - Definitions.#
As used in this division, the term "board" shall mean the board of building code and fire prevention code appeals created by section 11-31. The term "building code" shall mean the building code adopted in division 1 of this article. The term "fire code" shall mean the fire code adopted in section 15-21 of this Code. The term "code official" shall mean the building code official, the fire code official, or their duly appointed representatives.
(Ord. No. 2004-16, 6-8-2004)
Sec. 11-31. - Created.#
There is hereby created a board of building code and fire prevention code appeals for the city, as required by sections 36-105 and 27-97 of the Code of Virginia.
(Ord. No. 79-29, 11-13-79; Ord. No. 2004-16, 6-8-2004)
Sec. 11-31.1. - Composition; appointment and terms of members.#
The board shall consist of six (6) members appointed by the city council. Each member shall serve for five (5) years or until his successor has been appointed.
(Ord. No. 79-29, 11-13-79; Ord. No. 2004-16, 6-8-2004)
Sec. 11-32. - Qualifications of members.#
Board members shall be selected on the basis of their ability to render fair and competent decisions of the Virginia Uniform Statewide Building Code and Virginia Statewide Fire Prevention Code and shall to the extent possible, represent different occupational or professional fields relating to construction and fire prevention. At least one (1) member should be an experienced builder, one member a licensed architect or professional engineer, and one (1) member an experienced property manager. City employees or officials shall not serve as members of the board.
(Ord. No. 79-29, 11-13-79; Ord. No. 2004-16, 6-8-2004)
Sec. 11-32.1. - Reserved.#
Editor's note— Ord. No. 2004-16, adopted June 8, 2004, repealed § 11-32.1, which pertained to substitute and alternate members and derived from Ord. No. 79-29, adopted Nov. 13, 1979.
Sec. 11-32.2. - Members' conflict of interest.#
A member of the board shall not pass on any question in which that member has a conflict of interest in accordance with the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq. of the Code of Virginia).
(Ord. No. 79-29, 11-13-79; Ord. No. 2004-16, 6-8-2004)
Sec. 11-32.3. - Chairman and secretary.#
The board shall annually select one of its members to serve as chairman and the city manager shall designate a clerk to serve as secretary to the board. In case of the absence of the chairman at a meeting, the members present shall select an acting chairman. The secretary shall keep a detailed record of all proceedings of the board on file in the appropriate city department.
(Ord. No. 79-29, 11-13-79; Ord. No. 2004-16, 6-8-2004)
Sec. 11-32.4. - Meetings generally.#
The board shall meet, upon notice from the chairman, within thirty (30) calendar days of the filing of an appeal to the board or at stated periodic meetings, if warranted by the volume of work.
(Ord. No. 79-29, 11-13-79; Ord. No. 2004-16, 6-8-2004)
Sec. 11-33. - Appeals.#
Appeals to and from the board shall be in accordance with the applicable provisions of the Virginia Uniform Statewide Building Code and Virginia Statewide Fire Prevention Code.
(Ord. No. 79-29, 11-13-79; Ord. No. 2004-16, 6-8-2004)
Sec. 11-34. - Hearings to be public; parties entitled to be heard.#
All hearings of the board shall be public and the appellant, his representative, the code official and any other person whose interests may be affected by the matter on appeal shall be given an opportunity to be heard.
(Ord. No. 79-29, 11-13-79; Ord. No. 2004-16, 6-8-2004)
Sec. 11-34.1. - Postponement of hearing.#
When at least four (4) qualified members of the board are not present to consider a specific appeal, either the appellant, the code official or their representatives may request a postponement of the hearing.
(Ord. No. 79-29, 11-13-79; Ord. No. 2004-16, 6-8-2004)
Sec. 11-34.2. - Decisions.#
(a) Upon an appeal, the board shall affirm, modify or reverse the decision of the code official by the concurring vote of a majority of those members present. The failure to secure a majority vote shall be deemed a confirmation of the decision of the code official.
(b) Every action of the board shall be by resolution and certified copies shall be furnished to the appellant and to the code official.
(c) The code official shall take immediate action in accordance with the decision of the board.
(Ord. No. 79-29, 11-13-79; Ord. No. 2004-16, 6-8-2004)
Sec. 11-35. - Reserved.#
Editor's note— Ord. No. 2004-16, adopted June 8, 2004, repealed § 11-35, which pertained to appeals from board and derived from Ord. No. 79-29, adopted Nov. 13, 1979.
ARTICLE III. - ELECTRICAL WORK#
Footnotes: --- (2) --- Editor's note— Former §§ 11-37, 11-68, 11-70 and 11-72—11-79, which pertained to certification of electricians and were derived from Code 1963, §§ 15-2—15-13, 15-15—15-17, have been deleted inasmuch as Ord. No. 81-15, adopted Nov. 10, 1981, repealed the 1963 Code sections listed above. Former §§ 11-67 and 11-69, which pertained to the requirement of a certificate and an exemption for homeowners and were derived from Code 1963, §§ 5-7, 5-8, 15-37, have also been deleted as having been superseded by Ord. No. 81-15, included herein as §§ 11-126—11-140.
Sec. 11-36. - General penalty for violations of article.#
Unless otherwise specifically provided, any person violating any of the provisions of this article shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00). Each day that a violation continues shall be deemed a separate offense.
(Code 1963, § 15-44)
Sec. 11-37. - Reserved.#
Note— See the editor's footnote to Art. III.
Sec. 11-38. - Inspection of existing installations; correction of defects generally.#
(a) It shall be the duty of the code enforcement official, at suitable intervals and from time to time, to make an inspection of existing electrical installations in the city and, when defects are discovered in such installations, to require the removal of the same and that such installations be brought up to a condition of safety within a reasonable time.
(b) The code enforcement official shall have the right, in the discharge of his duties, to enter any building, manhole or subway, or to climb any pole, for the purpose of examining the electrical installations therein or thereon contained. For that purpose, he shall be given prompt access to all buildings, public and private, and to all manholes, subways or poles, on application to the owner or to the individual or company in charge thereof.
(c) The code enforcement official shall require reinspections before service may be restored to an electric installation from which electrical service has been discontinued for a period of thirty (30) days or more.§
(Code 1963, §§ 15-23, 15-24; Ord. No. 93-15, 5-25-93)
Sec. 11-39. - Removal of defective wires or appliances.#
Whenever an electric wire or appliance shall be defective through improper or insufficient installation or for any other reason, the electrical inspector shall at once cause the removal of such defects at the expense of the owner of such wire or appliance.
(Code 1963, § 15-30)
Sec. 11-40. - Removal of wires during repair, etc., of buildings.#
Whenever builders or persons engaged in repairing, painting and other like activities find it necessary to remove wires from buildings in prosecuting their work, the owners of such buildings or the contractor engaged thereon shall serve the electrical inspector with written notice twenty-four (24) hours before such contemplated work is begun.§ It shall be within the discretion of the electrical inspector to direct the owners of such wires to remove the same.
(Code 1963, § 15-29)
Sec. 11-41. - Discontinuance of electrical service for failure to comply with chapter.#
In any case of failure to comply with this chapter, the electrical inspector shall have authority, after due notice, to cut off the current in any building concerned and to enforce discontinuance of the same until such requirements are complied with.
(Code 1963, § 15-32)
Sec. 11-42. - Identification and other markings for electrical materials, devices and equipment.#
(a) All electrical materials, devices and equipment which are sold, offered for sale or exposed for sale at retail shall have the maker's name, trademark or other identification symbol placed thereon, together with such other markings, giving voltage, current, wattage or other appropriate ratings as may be necessary to determine the character of the material, device or equipment and the use for which it is intended.
(b) It shall be unlawful and a Class 1 misdemeanor for any person to remove, alter, change or deface the maker's name, trademark or other identification symbol, or any of the necessary rating markings required by this section.
(Code 1963, § 15-40)
State Law reference— Provisions similar to subsection (b) above, Code of Virginia, §§ 18.2-214, 18.2-215.
Secs. 11-67—11-70. - Reserved.#
Note— See the editor's footnote to Art. III.
Sec. 11-71. - Utility companies.#
Electric light, power and railway companies operating under city franchises may install, remove, repair or add to the electric wires and apparatus in plants and substations used exclusively for their business by their own employees even though they do not hold certificates, issued pursuant to Article V of this chapter, as master or journeyman electricians. The same exemption shall apply to telephone and telegraph companies in connection with the special apparatus and wiring peculiar to their business, but all wiring for electric light, power and appliances which are not peculiar to their business must come under the requirements of this chapter with regard to the character of materials and the execution of the work by master or journeyman electricians certificated under this division or by another local jurisdiction in the state pursuant to section 15.1-11.4, Code of Virginia.
(Code 1963, § 15-38)
Secs. 11-72—11-79. - Reserved.#
Note— See the editor's footnote to Art. III.
ARTICLE IV. - PLUMBING#
Footnotes: --- (3) ---
Editor's note— Former §§ 11-98, 11-102, 11-116(a), (c), (d), 11-117 and 11-120—11-125, which pertained to certification of plumbers and were derived from Code 1963, §§ 26-6—26-12, 26-15—26-21, as amended by an ordinance enacted June 13, 1976, have been deleted inasmuch as Ord. No. 81-15, adopted Nov. 10, 1981, repealed the 1963 Code sections listed above. Former § 11-118, which pertained to an exemption for homeowners and was derived from Code 1963, § 28-3, has also been deleted as having been superseded by Ord. No. 81-15, included herein as §§ 11-126—11-140.
Cross reference— Sewers and sewage disposal generally, Ch. 31; sewers, sewage disposal facilities and water supply for mobile home parks, § 21-36 et seq.; purchase of secondhand plumbing fixtures, § 25-32.
Sec. 11-96. - General penalty for violations of article.#
Unless otherwise specifically provided, any person violating any of the provisions of this article shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00). Each day that a violation continues shall be deemed a separate offense.
Sec. 11-97. - Definitions.#
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:
Journeyman plumber. The term "journeyman plumber" shall mean a person who performs the manual work of installing plumbing, under the direction of a master plumber, and who holds a journeyman plumber's certificate issued pursuant to this article certifying his fitness to perform such manual work.
Master plumber. The term "master plumber" shall mean a person who assumes responsible charge and direction of other persons in the installation of plumbing and holds a master plumber's certificate issued pursuant to this article certifying his fitness to assume such responsibility.
(Code 1963, § 28-1)
Sec. 11-98. - Reserved.#
Note— See the editor's footnote to Art. IV.
Sec. 11-99. - Bond prerequisite to engaging in plumbing business.#
Every person engaged in the plumbing business shall enter into a bond, with security satisfactory to the city attorney, in the penalty of twenty-five hundred dollars ($2,500.00), to indemnify and save harmless the city, its citizens, residents and property owners against any and all loss by reason of his failure to comply with the requirements of this chapter or from neglect or carelessness in his work§, and conditioned further that, should any such work be defective or incomplete and such person fail to correct the same within five (5) days after written notice from the plumbing official or his duly authorized representative, the city manager, or his duly authorized representative, may have such work corrected or completed, and the cost thereof, as well as all the costs and expenses incurred in collecting the same, may be recovered on the bond. Such bond shall be renewed annually and placed in the hands of the plumbing official on or before the first day of January of each year.
(Code 1963, § 28-2)
Cross reference— Bond prerequisite to issuance of certificate to Level II plumber, § 11-136; license tax for plumbing business, § 20-40.
Sec. 11-100. - Employment of journeyman plumber by owner of premises.#
Notwithstanding any other provision of this article, a journeyman plumber, who is certified pursuant to Article V of this chapter, may be employed by the owner of premises, on an hourly basis, to unstop sewers, waste pipes, traps, and the like, replace old or broken fixtures or repair or replace water pipes, faucets or valves to be used for the same purpose; provided, however, that any repairs or replacements requiring additions, alterations or new installations of the soil, waste or vent piping shall be done under the supervision of a master plumber.
(Code 1963, § 28-4)
Sec. 11-101. - Limitation on employment of apprentice plumbers.#
Master or journeymen plumbers will be limited to one apprentice plumber each.§
(Code 1963, § 28-5)
Sec. 11-102. - Reserved.#
Note— See the editor's footnote to Art. IV.
Sec. 11-116. - Master plumber's certificate prerequisite to issuance of permit.#
(a) No permit for plumbing work, as required by the building code adopted in Article II of this chapter, shall be issued to any person, unless he has a current master plumber's certificate issued pursuant to Article V of this chapter or is exempt from the requirement of obtaining such certificate.§
(b) Any person violating any of the provisions of this section shall be guilty of a Class 3 misdemeanor.
(Code 1963, § 28-33)
Editor's note— See the editor's footnote to Art. IV. Former subsections (b) and (e) of § 11-116 were redesignated as subsections (a) and (b).
Secs. 11-117—11-125. - Reserved.#
Note— See the editor's footnote to Art. IV.
ARTICLE V. - CERTIFICATION OF PLUMBERS, ELECTRICIANS, BUILDING-RELATED MECHANICAL WORKERS#
Footnotes: --- (4) ---
Editor's note— The provisions of Ord. No. 81-15, adopted Nov. 10, 1981, not specifically amendatory of this Code, have been included as §§ 11-126—11-140 at the discretion of the editor. See also the editor's footnote to Arts. III and IV of this chapter.
Cross reference— License tax for contractors, § 20-40.
Sec. 11-126. - Purpose.#
The purpose of this article is to establish uniform standards and procedures to be used in determining and certifying the ability, proficiency, and qualifications of persons engaging in plumbing, electrical, or building-related mechanical work for the general public for compensation.
(Ord. No. 81-15, 11-10-81)
Sec. 11-127. - Definitions.#
As used in this article the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:
Agent means the person designated by the governing body to examine and determine an applicant's qualifications for certification.
Board means the board established by the city to examine and determine an applicant's qualification for certification.
Building-related mechanical worker means a tradesman who does building-related mechanical work, including heating, air conditioning, ventilation, and gas piping.
Contractor means a person licensed according to Section 54-113 of the Code of Virginia who for a fixed price, commission, fee, or percentage undertakes to bid upon, or accepts, or offers to accept, orders or contracts for performing or superintending the construction, removal, repair, or improvement of any building or structure owned, controlled, or leased by another person.
Department means the department of housing and community development.
Electrician means a tradesman who does electrical work.
Helper or laborer means a person who assists a tradesman certified according to these standards.
Journeyman means a person who possesses the necessary ability, proficiency, and qualifications to install, repair, and maintain specific types of materials and equipment; (a) utilizing a working knowledge sufficient to comply with the pertinent provisions of the Virginia Uniform Statewide Building Code; and (b) according to plans and specifications complying with the Virginia Uniform Statewide Building Code. A tradesman must be certified as a journeyman in each of the trades for which local certification is required in order to practice such trades as a journeyman.
Master means a person who possesses the necessary ability, proficiency, and qualifications to: (a) supervise the work of installing, repairing, and maintaining specific types of materials and equipment utilizing a working knowledge sufficient to comply with the pertinent provisions of the State Uniform Statewide Building Code; and (b) plan and lay out the details for installation of specific types of materials and equipment that comply with the Virginia Statewide Building Code. A tradesman must be certified as a master in each of the trades for which local certification is required in order to practice such trades as a master.
Plumber means a tradesman who does plumbing work.
Plumber-gas fitter means a plumber who does gas piping work.
Supervision means monitoring of the work in progress to determine that the final installation is in accordance with the applicable provisions of the Virginia Uniform Statewide Building Code.
Trade means any of the following: Plumbing, plumbing-gas fitting, building related mechanical or electrical work.
Tradesman means a person who engages in or offers to engage in, for the general public for compensation, any of the trades covered by these standards.
Voluntary Apprenticeship Act means an act authorized in Title 40.1, Chapter 6 of the Code of Virginia that establishes an apprenticeship council to determine standards for apprentice agreements, approve local apprenticeship agreements, and appoint local joint apprenticeship committees; includes required information of apprentice agreement; and defines apprentice.
(Ord. No. 81-15, 11-10-81; Ord. No. 86-28, 1-25-86)
Sec. 11-128. - Applicability of article.#
The provisions of this article shall apply to any person who engages in, or offers to engage in, for the general public for compensation plumbing, electrical, or building-related mechanical work in Hopewell, such that their practice requires specialized skill or training and the public needs and will benefit by, assurances of their professional and occupational ability.§ Furthermore, no helper or laborer shall be employed to assist with any electrical, plumbing, or building-related mechanical work that requires a building permit unless a certified plumber, electrician, or building-related mechanical worker is present.
(Ord. No. 81-15, 11-10-81)
Sec. 11-129. - Exemptions.#
Persons exempted from certification under this article are:
(1) Plumbers, plumber-gas fitters, building-related mechanical workers, or electricians who were certified or licensed prior to July 1, 1978, in accordance with the certification or license provisions of the commonwealth or any local government, shall be exempt from any further certification requirement for the same trade.
(2) Any persons certified according to these standards shall be exempt from obtaining any other certificate as a journeyman or master in the same trade.
(3) Helpers or laborers who assist tradesmen that are required to be certified shall be exempt from certification.
(4) Any person that performs plumbing, plumbing-gas fitting, building-related mechanical, or electrical work on their own property rather than for the general public for compensation shall be exempt from certification.
(Ord. No. 81-15, 11-10-81; Ord. No. 86-28, 11-25-86)
Sec. 11-130. - Alternate qualification method to obtain certification.#
(a) Individuals who have successfully passed the Class A contractor's exam administered by the Virginia State Board of Contractors in a certified trade shall be qualified as masters in that trade in accordance with these standards.
(b) Individuals receiving after July 1, 1981, certificates of journeymanship in a certified trade upon completion of an apprenticeship program approved by the Virginia Apprenticeship Council shall be eligible for certification as journeyman in that trade in accordance with these standards.
(c) Individuals certified as journeymen or masters by governing bodies located outside the Commonwealth of Virginia shall be considered to be in compliance with these standards, if the board of housing and community development has determined the certifying system to be equivalent to the Virginia system. The department will provide certificates to localities for such individuals.
(Ord. No. 81-15, 11-10-81; Ord. No. 86-28, 11-25-86)
Sec. 11-131. - Building official designated as agent to enforce article, examine applicants, grant certificates, etc.#
The building official is hereby appointed under the authority of the governing body as the agent for the purpose of examining and determining an applicant's qualifications for certification in their trade. The agent shall have the power and it shall be his duty to receive applications for certification as plumbers, electricians, or building-related mechanical workers, to examine all such applicants, to grant certificates in accordance with the standards established pursuant to Section 15.1-11.4 of the Code of Virginia, and to deny certification to those applicants who cannot successfully meet these standards. The agent shall enforce all the provisions of this article and shall utilize the procedures for certification as prescribed herein.
(Ord. No. 81-15, 11-10-81)
Sec. 11-132. - Types of certificates.#
(a) Level I (journeyman). A Level I (journeyman) certificate is a certificate issued to a person who possesses the necessary ability, proficiency, and qualifications to perform the work of installing, repairing, and maintaining specific types of equipment and related apparatus, and is capable of performing such task (a) utilizing a working knowledge sufficient to comply with the pertinent provisions of the Virginia Uniform Statewide Building Code, and (b) according to plans and specifications complying with the Virginia Uniform Statewide Building Code. The holder of a Level I certificate shall be limited to the type of work and types of equipment and related apparatus for which certification is granted.
(b) Level II (master). A Level II (master) certificate is a certificate issued to a person who possesses the necessary ability, proficiency, and qualifications to (a) supervise the work of installing, repairing, and maintaining specific types of equipment and related apparatus utilizing a working knowledge sufficient to comply with the pertinent provisions of the Uniform Statewide Building Code, and (b) to plan and lay out the details of installation of specific types of equipment and related apparatus according to plans and specifications complying with the Virginia Uniform Statewide Building Code. The holder of a Level II certificate shall be limited to the type of work and types of equipment and related apparatus for which certification is granted.
(Ord. No. 81-15, 11-10-81)
Article XI. - Certification of Tradesmen#
Sec. 11-133. - Standards and procedures.#
Each applicant for certification shall be required to fulfill the standards established for determining ability and proficiency and qualifications in the area of expertise specified on the application.
(Ord. No. 81-15, 11-10-81)
Sec. 11-134. - Evidence of ability and proficiency.#
(a) Level I (journeyman). Applicants desiring to obtain certification as a journeyman shall furnish evidence that one (1) of the following experience and education standards have been attained:
(1) Four (4) years of practical experience in the trade, of which two (2) years must include recognized formal vocational training in the trade.
(2) Successful completion prior to July 1, 1981, of a registered apprenticeship program established in accordance with the Virginia Voluntary Apprenticeship Act, Title 40.1, Chapter 6 of the Code of Virginia, in the trade area of expertise for which certification is desired; or
(3) An associate degree in a curriculum related to the trade for which certification is desired and two (2) years of practical experience in the trade for which certification is desired; or
(4) A bachelor's degree in the study of engineering in a curriculum related to the trade for which certification is desired and one (1) year of practical experience in the trade for which certification is desired.
(b) Level II (master). Applicants desiring to obtain certification as a master shall furnish evidence that they have met item (1) below and one (1) or more of experience or education standards of items (2) through (5).
(1) One (1) year of supervising the installation or repair of the specific types of materials or related apparatus utilized, or experience as a certified journeyman in the trade, and equivalent education in which certification is desired; and
(2) Four (4) years of practical experience in the specific trade or directly related area of expertise for which certification is desired; or
(3) Successful completion prior to July 1, 1981, of a registered apprenticeship program established in accordance with the Virginia Voluntary Apprenticeship Act, Title 40.1, Chapter 6 of the Code of Virginia, in the trade for which certification is desired; or
(4) An associate degree in a curriculum related to the trade for which certification is desired and two (2) years of practical experience in the trade for which certification is desired; or
(5) A bachelor's degree in the study of engineering in a curriculum related to the trade for which certification is desired and one (1) year of practical experience in the trade for which certification is desired.
(Ord. No. 81-15, 11-10-81; Ord. No. 86-28, 11-25-86)
Sec. 11-135. - Application fees and examination procedure.#
(a) Every person desiring to engage in plumbing, building-related mechanical, or electrical work in the city shall make written application to the agent for certification, unless exempted under provisions of this article. An application form as prescribed by the agent shall be used. Such application shall be accompanied by a fee of fifteen dollars ($15.00).§ If the agent finds that the applicant is qualified to take the certification examination, a fee of thirty-five dollars ($35.00) shall accompany the application form to the state designated testing center.§ Application for certification in specified areas of competence shall be one (1) of two (2) levels of certification. The local agent or board shall proceed as follows:
(1) Forward qualifying application to the national testing organization which will administer the appropriate test of qualifications;
(2) Receive and examine the test results from the national testing organization; and
(3) Issue certificates, provided by the department, to applicants receiving a notice of satisfactory results.
(b) For all trades for which the board of housing and community development has not entered into a contractual arrangement with a testing organization, the local agency or board shall:
(1) Administer tests developed by the department in accordance with accompanying instructions;
(2) Administer tests in either written or oral form;
(3) Provide adequate supervision of tests to assure that applicants do not receive assistance in completing the test;
(4) Assure that neither the test nor its contents are provided to any person or entity including the applicant;
(5) Administer the test to applicants at least once every three (3) months, at a time and place designated by the local agent or board that is reasonably accessible to applicants; and
(6) Issue certificates provided by the department to applicants receiving a satisfactory (seventy-five (75) percent) score on the test.
(Ord. No. 81-15, 11-10-81; Ord. No. 86-28, 11-25-86)
Sec. 11-136. - Bond prerequisite to issuance of certificate to Level II electrician or plumber.#
No certificate shall be issued under the provisions of this article, either with or without an examination, to any Level II electrician or plumber until the person to whom the same is issued shall have given bond with surety approved by the city treasurer in a form approved by the city attorney and in the sum of two thousand five hundred dollars ($2,500.00) conditioned for the faithful performance by him of the requirements of this chapter.§
(Ord. No. 81-15, 11-10-81)
Cross reference— Bond prerequisite to engaging in plumbing business, § 11-99.
Sec. 11-137. - Issuance of certificate.#
If upon examination an applicant fulfills the ability and proficiency and qualification standards within the area and level of certification specified, the agent shall deliver to such person a certificate to that effect.
(Ord. No. 81-15, 11-10-81)
Sec. 11-138. - Term of certificate, fee.#
The certificate at the level of certification is granted for an indefinite time period. The administrative fee for issuing each certificate is five dollars ($5.00).§
(Ord. No. 81-15, 11-10-81; Ord. No. 86-28, 11-25-86)
Sec. 11-139. - Change of address.#
Every worker certified pursuant to the provisions of this article shall give immediate notice to the agent of any change of address.
(Ord. No. 81-15, 11-10-81)
Sec. 11-140. - Temporary certificates.#
(a) The agent or board may issue a temporary certification, furnished by the department, to an applicant who holds a license or certificate issued by another state in the trade for which certification is desired or to an applicant who furnishes evidence to the agent or board that documents the applicant's competence to perform work at the level of certification.
(b) Certificates shall be issued on a one-time basis per year.
(c) Temporary certificates shall be void for a period of three (3) months.§
(d) The local agent or board shall notify the department of the issuance of temporary certificates.
(Ord. No. 81-15, 11-10-81; Ord. No. 86-28, 11-25-86)
Sec. 11-141. - Violation; penalty; revocation of certificates; reissuance of certificate after revocation.#
(a) Any person convicted of a violation or failure to comply with any provisions of this article shall be guilty of a Class 3 misdemeanor.
(b) The agent shall have the power to revoke the certificate of the holder thereof who is found guilty of any fraud or deceit in obtaining the certification, or willful violation of any provisions of this article.
(c) A revoked certificate shall not be renewed until the person from whom the certificate was revoked has satisfied the agent that breaches of the provisions of this article will not recur. Reissuance of a certificate shall require the successful completion of section 11-133, Standards and Procedures, including the examination.
(Ord. No. 86-28, 11-25-86)