Do Parties Involved Still Not Understand the Difference Between “Permit” and “License” ? (Part 2)

sprinklerMr. Kisela,
Please see the attached letter of opinion from Russell Miller, Environmental Supervisor for the Florida Department of Health.  This letter is in regards to persons performing irrigation repairs without proper licensing.
There seems to be a loss of focus that there are two different issues when it comes to the repair of an irrigation system.  First, there is the issue as to whether or not a “permit” is required.  Next is the issue as to whether or not a “license or “competency card” is required in order for maintenance and/or repairs to be completed.
I believe the attached letter is clear and concise.  I further believe that if the City of Port Orange chooses to continue making repairs and performing maintenance on City irrigation systems, then a conscious decision has been made to bring unnecessary risk and liability upon the City.  I cannot understand why the City would want to be in that position.
The Dunlawton medians are a perfect example of this.  It is frequent and common that heads are broken off or become blown off due to high water pressure on the system.  In fact, I have sent you a video in the past showing this concern.  My worry is that in the event of an accident where someone is killed or seriously injured, and the broken irrigation system is determined to be a factor, then is the City not going to be asked to show and prove they have utilized properly licensed personnel to work on the system?  I think you and I both know that they will and that if and when it is revealed that the City did not have a competency card for personnel working on the system, the degree of negligence will certainly be increased.
In the recent email to the City from Mr. Lenz, he suggested that “minor emergency repairs” to the irrigation system could be performed by non-licensed personnel.  The mere fact that every irrigation zone in the City can be manually shut down in the event of a leak or break would dictate that there is never actually any “emergency” with an irrigation system.
Thanks for your time!
John Cheney, Resident


IrrigationLicense


 

Jon: see response to your questions on repairs to irrigation systems.
Greg Kisela
City Manager
Sent from my iPhone
Begin forwarded message:

From: “Lovallo, Susan” <slovallo@port-orange.org>
Date: April 7, 2014 at 9:57:13 AM EDT
To: “Kisela, Greg” <gkisela@port-orange.org>
Cc: “Anderson, Mary” <mjanderson@port-orange.org>, “Clark, Wayne” <wclark@port-orange.org>, “Cragin, Kelly” <kcragin@port-orange.org>
Subject: FW: Port Orange Irrigation Concerns-Licensing-Repairs

Greg, please see the information below from the county concerning the irrigation requirements of city staff for minor repairs.  Please let me know if you have any questions or need any further information.
 
Recreationally Yours,
 
Susan L. Lovallo, CPRP
Parks & Recreation Director
City of Port Orange
386.506.5852

 


From October 25, 2013 Post


 Do Parties Involved Not Understand the Difference Between “Permit” and “License” ?

Proper Irrigation Permits / Licensing   October 25, 2013 11:01 AM

From:  scott@lockershield.net
To:   “Greg Kisela” <gkisela@port-orange.org>
Mr. Kisela,
Thanks for looking into this.  I remain concerned and a bit confused that parties involved do not understand the difference between “permit” and “license” (or certification), and perhaps it is I who is not reading and interpreting the information correctly.
Please see the three attachments for clarity.  Sec. 74-32 Defines “repair”  as “any action which involves the physical alteration or replacement of any part of a well below the established ground surface, including the physical alteration and replacement of any portion of an irrigation system.  Routine maintenance of sprinkler heads, fittings and line breaks do not require permitting.”  I do not see where this definition exempts the person making the repairs from still having to be licensed or obtaining appropriate certification as required in Sec. 74-36.
Sec. 74-36(1) states, Certification required.  No person shall install or repair a pump and/or irrigation system; or shall offer to perform the installation or repair of said system, unless the person holds a valid certificate of competency From the Department as a pump and irrigation contractor.  Such certificate of competency shall only be issued to a natural person or a person representing a business corporation, association, partnership, company or trust.”  It seems to me that “repair” as defined above, does in fact require the appropriate certificate or license to do basic maintenance such as line breaks sprinkler head replacement, etc . .
There is however an exemption to this section if the City has a licensed plumbing contractor on staff that holds a certificate of competency in Volusia County, for plumbing contracting.  See Sec. 74-36(2)(b)
Lastly, you will see an attached letter from the Volusia County Health Department.  This is a general form letter that has been provided to private landscapers and irrigation contractors, and provides clarity to the ordinances in question by Russell Miller, Environmental Supervisor.  The last sentence of the second paragraph reads. “A routine maintenance of irrigation heads or line breaks does not require a permit, but the contractor performing the repair must be credentialed with a certificate of competency or one of the appropriate licenses.”
Does it not seem as though these ordinances speak clearly to the fact that performing repairs does not require a permit, but does require to be completed by someone who is licensed or holds a valid certificate of competency?  I have spoken with multiple staff members at the County Health Department, including Mr. Lentz, and have been given consistent information that municipalities in Volusia County are not exempt from these requirements.  That being said, my intent was to simply bring this to your concern to insure that our City departments are in compliance with State and County regulations.  If you are satisfied that the City is in compliance when performing this type of work, then all is well.
Thanks for your attention, have a great weekend!
Scott Stiltner
 


 

Scott: see below e-mail. Do you have a name of someone who provided you the information that we needed a license to repair?
Greg Kisela
City  Manager
Sent from my iPhone

Begin forwarded message:

From: “Rivera, Cynthia” <CRivera@port-orange.org>
Date: October 24, 2013, 4:26:42 PM EDT
To: “Kisela, Greg” <gkisela@port-orange.org>
Subject: FW: Proper Irrigation Permits / Licensing
From: Cragin, Kelly
Sent: Thursday, October 24, 2013 4:25 PM
To: Clark, Wayne; Anderson, Mary; Lovallo, Susan
Cc: Leuzinger, Kerry
Subject: RE: Proper Irrigation Permits / Licensing

All,
I spoke with Stuart Lentz at Volusia County Health and he said City workers do not need a permit for minor repairs of irrigation heads, pipe, fittings.
The permits/licenses are required for new installations.
Kelly Cragin
 
Parks Superintendent
City of Port Orange, Florida
5839 Trailwoods Dr.
Port Orange, Fl.
O-386.506.5853
F-386.756.5351
Email:  kcragin@port-orange.org
 

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