Title
Creating Title 9 Chapter 6700 of The Philadelphia Code, to create licensure for Certified Glass and Metal Technicians, all under certain terms and conditions.
Body
The Council of the City of Philadelphia Hereby Ordains:
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Section 1. Chapter 9-6700 is amended to read as follows:
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Title 9. Regulation of Individual Activities
Chapter 9-6700. Certified Glass and Metal Technician Licenses.
§ 9-6701. Definitions.
(1) Certified Glass and Metal Technician. A person who obtains a personnel certificate that meets the following: established under ISO/IEC 17024.2012 ANSI standard, affirms the person’s ability to install glazing systems in a consistent manner that minimizes defects and failures to a customer’s requirements, and is issued by an independent third-party 501(c)3 whose board is comprised of experts in the glazing industry.
(2) Glazing Systems. Any combination of glass and metal components that are used as the entirety or portion of a building’s envelope.
(3) Registered Glazier Apprenticeship Program. A program of apprenticeship skills training that is currently approved by and registered with the United States Department of Labor or a State Apprenticeship Council involving at least 6,000 hours of documented practical experience in the installation and maintenance of glazing systems and at least 844 hours of classroom, shop or related instruction in the installation and maintenance of glazing systems.
(4) Work on Glazing Systems. The installation, erection, replacement, rebuilding, modification, alteration, repair, testing or other servicing of glazing systems.
§ 9-6702. Prohibited Conduct.
(1) No person shall engage, or cause or direct any other person to engage, in work on a glazing system who does not have a valid glass and metal technician, glazier journeyperson, or glazier apprentice license.
(2) No person, corporation, partnership or other business entity shall solicit, by sign, listing or any other form of advertisement, work on glazing systems unless it employs duly certified and licensed persons to work on said systems under this Chapter.
(3) No person shall knowingly or recklessly make any misrepresentation or omission regarding the status of a person's glass and metal technician, glazier journeyperson, or glazing apprentice license with the intent to influence, persuade or induce an individual to contract for work on glazing systems.
(4) No person shall knowingly or recklessly make a misrepresentation or omission regarding work on glazing systems which has been performed or which is to be performed.
(5) This Chapter shall not apply to work on properties zoned for RSD, RSA, RM-1, RM-2, RTA, and RMX-1.
§ 9-6703. Powers and Duties of Department of Licenses and Inspections.
(1) The Department shall issue glass and metal technician, glazier journeyperson, and glazing apprentice license under the requirements of this Chapter and enforce the provisions of this Chapter.
(2) The Department may adopt regulations regarding the issuance of licenses under this Chapter and regarding enforcement of this Chapter that are not inconsistent with this Chapter.
(3) No person shall be required to possess any license mandated by this Chapter in the first 270 days after licenses are initially made available.
§ 9-6704. Glass and Metal Technician License.
(1) The Department shall issue a glass and metal license to any person who:
(a) Pays an application fee of one-hundred and fifty dollars ($150);
(b) Completes an application for such a license established by the Department; and
(c) Provides documentation reflecting that they are a certified glass and metal technician.
§ 9-6705. Glazier Journeyperson License.
(1) The Department shall issue a glazier journeyperson license to any person who:
(a) Pays an application fee of one hundred dollars ($100);
(b) Completes an application for such a license established by the Department; and
(c) Provides documentation reflecting the completion of either of the following:
(.1) Graduation from a registered glazier apprenticeship program.
(.2) 6844 hours of work experience performing work on glazing systems.
§ 9-6706. Glazier Apprentice License.
(1) The Department shall issue a glazier apprentice license to any person who:
(a) Pays an application fee of seventy-five dollars ($75);
(b) completes an application for such a license established by the Department; and
(c) provides documentation reflecting their current enrollment in a registered glazier apprenticeship program.
(2) A glazier apprentice license issued by the Department shall be valid only for such time as the holder is enrolled in a registered glazier apprenticeship program in accordance with this Chapter.
(3) Nothing in this Chapter shall be construed to prohibit a glazier apprentice who is issued a license pursuant to this Chapter from engaging in work regulated by this Chapter, provided the apprentice is working under the supervision of a certified glass and metal technician or glazier journeyperson license holder in accordance with the requirements of a registered glazier apprenticeship program.
§ 9-6707. Registry of License Holders.
To promote the effective enforcement of this Chapter, the Department shall maintain a central registry of the names of all persons to whom it has issued glass and metal technician, glazier journeyperson, and glazier apprentice license. This list shall be available for inspection to the public, updated each month to reflect new licenss issued and maintained on the Department's publicly available website. This list shall also identify the names of any person whose certificate or license has been revoked or suspended.
§ 9-6708. Expiration of Certificates and License.
Any glass and metal technician or glazier journeyperson license issued by the Department under this Chapter shall be valid for a period of three years from the date it is issued and must thereafter be renewed. The Department shall renew for a period of three years any license issued under this Chapter upon receiving from the renewal applicant a completed renewal form, as established by the Department and the required renewal fee. Renewal fees for glass and metal technician licenses shall be one hundred fifty dollars ($150). Renewal fees for glazier journeyperson licenses shall be one hundred dollars ($100).
§ 9-6709. Glazing System Crew Makeup.(1) All work performed on glazing systems shall be comprised 50% of glass and metal technician license holders rounded down to the nearest whole number, or one glass and metal technician license holder, whichever is greater.
§ 9-6710. Penalties.
(1) Any person who violates any provision of this Chapter or regulation adopted by the Department under this Chapter is subject to a fine of not less than one hundred dollars ($100) or more than three hundred dollars ($300) for each violation.
(2) If the Department finds that a person, corporation, partnership or other business entity is performing work on a glazing system without possessing a glass and metal technician, glazier journeyperson, or glazier apprentice license or employing properly certified or license persons as required by this Chapter, it shall issue a Cease Operations Order to prevent further work from being performed by any such person or entity. The Cease Operations Order shall remain in effect until appropriate action is taken to ensure full compliance with the requirements of this Chapter.
(3) Each day a person performs work on a glazing system without possessing a glass and metal technician, glazier journeyperson, or glazier apprentice licenses as required by this Chapter shall constitute a separate violation of this Chapter for which such person shall be liable. Each day a person, corporation, partnership or other business entity employs a person to perform work on a glazing system who does not have a glass and metal technician, glazier journeyperson, or glazier apprentice licenses in violation of this Chapter shall be a separate violation for which such person or entity shall be liable.
(4) The Department may, after providing notice and an opportunity to be heard, revoke or suspend glass and metal technician, glazier journeyperson, or glazier apprentice licenses for any violation of this Chapter or regulation adopted by the Department under this Chapter or upon a finding of technical incompetence.
(5) The Department shall, after providing notice and an opportunity to be heard, suspend or revoke, for a period of not less than six months and not more than one year, applicable contractor licenses, issued by the Department to any person, corporation, partnership or other business entity that knowingly or recklessly performs work on glazing systems or employs persons to perform work on glazing systems without applicable glass and metal technician, glazier journeyperson, or glazier apprentice licenses required by this Chapter. If the person, corporation, partnership or other business entity does not possess a contractor license, the Department shall place a restriction on the commercial activity license of such person or entity prohibiting them from performing work on glazing systems for a period of not less than six months and not more than one year.
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Explanation:
Italics indicate new matter added.
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