Rountree Corp. v. City of Richmond

51 S.E.2d 256, 188 Va. 701, 1949 Va. LEXIS 241
CourtSupreme Court of Virginia
DecidedJanuary 10, 1949
DocketRecord No. 3456
StatusPublished
Cited by16 cases

This text of 51 S.E.2d 256 (Rountree Corp. v. City of Richmond) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rountree Corp. v. City of Richmond, 51 S.E.2d 256, 188 Va. 701, 1949 Va. LEXIS 241 (Va. 1949).

Opinion

Gregory, J.,

delivered the opinion of the court.

The Rountree Corporation was convicted upon three warrants of violating the plumbing code of the city of Richmond. The validity and the constitutionality of certain sections of the plumbing code are challenged upon this writ of error. The pertinent sections are, in part, as follows:

“Section 81 of Chapter 27 of the Richmond City Code of 1937, as amended by Ordinance approved March 14, 1942:

“Certificate of Proficiency, (a) Every person who desires to engage in the business of a plumbing contractor in the City of Richmond shall make application in writing to the Director of Public Health for a certificate of proficiency to engage in such business and every firm or corporation that desires to engage in such business in the City of Richmond shall make such application by a duly authorized representative. Every such person and representative shall appear in person before the Plumbers’ Examining Board hereinafter provided for and demonstrate their practical and technical knowledge, proficiency and capacity to lay out and supervise plumbing work. If upon such examination such applicant shows himself competent to engage in such business it' shall be the duty of the Director of Public Health to issue to such applicant a certificate to that effect which shall entitle such person and the firm or corporation represented by such representative to obtain from the Collector of City Taxes a license to engage in the business of a plumbing contractor in the City of Richmond upon payment of the license taxes prescribed by law therefor. Every such certificate issued to a firm or corporation shall be valid as long as the representative who applied therefor on behalf of such firm or corporation is in the employ or actively engaged in the business of such firm or corporation and in the event such representative leaves the employ of such firm [705]*705or corporation and becomes no longer actively engaged in such business, such certificate shall forthwith become null and void and such firm or corporation shall not be authorized to engage in such business until some other representative of such firm or corporation conforms to the provisions of this section.

# * # # * #

“(e) No person other than a licensed journeyman plumber shall be allowed to make any connection with any sewer, drain, soil, waste, or vent pipe, or any gas or water pipe, or any pipe connected therewith. No plumbing contractor shall employ or authorize any unlicensed person to do any work for which a license is required of a journeyman plumber.”

Another section which is involved is, in part, as follows:

“Section 82 of Chapter 27 of the Richmond City Code of 1937, as amended by Ordinance approved March 14, 1942:

“82. Applicants to make connections; permits; plans and specifications, (a) No plumber shall be allowed to make any connection with any sewer or any pipe connected therewith, or any addition or alterations in the sanitary arrangements in any building without first having made written application to the inspector of plumbing and receiving a permit to do so; and it shall be the duty of the said inspector to keep a proper record of all permits issued, or other suitable records as the Director of Public Health may require. In order to defray the expense of checking plans, issuing permits and making inspection of plumbing installations there shall be paid to the Plumbing Inspector upon the issuance of every such permit the sum of one dollar ($1.00), plus twenty-five cents (25‡) for each fixture or trap proposed to be installed. Each connection requiring a trap shall be counted as a fixture.

“(b) The plumbing and drainage of all buildings, private and public, and all alterations and additions to drainage systems shall be executed in accordance with plans and specifications previously approved in writing by the inspector of plumbing, and suitable drawings of the said plumbing and [706]*706drainage shall be submitted by the master plumber and placed on file in the office of the Department of Health.

“(c) Blank abstracts of the plans and specifications of plumbing and drainage shall be furnished to the master plumber on application at the office of the department of health. Plans must be drawn legibly and old work shown in red, giving the size and kind of pipes, traps and water closets, fixtures, etc., to be used and must show the method of ventilating water closet apartments.

“(d)' On all plumbing work in which a new connection is made with the public sewer, the master plumber must furnish the plumbing inspector with a copy of the sewer connection permit issued by the Department of Public Works, along with his plans and specifications.”

And still another section which is involved is, in part, as follows:

“Section 99 of Chapter 27 of the Richmond City Code of 1937, as amended by ordinance approved March 14, 1942.

“# # # (g) Every person desiring to do work at the business of plumbing, as a journeyman plumber, within the limits of the City of Richmond, shall make written application to the board for examination for a license, which examination shall be made at the next meeting of the board or as soon thereafter as practicable. Said examination shall relate to the practical knowledge of the applicant as to plumbing, building drainage and plumbing, ventilation and sanitation, shall be practical as well as theoretical, and if the applicant shows himself competent and qualified to perform plumbing work, the said board shall cause its chairman and secretary to execute and deliver to the applicant a license authorizing him to do plumbing work when his license fee has been paid, as prescribed.”

The bases upon which the petitioner claims that the said ordinances are invalid are that they are not clear, certain and definite, as is required by the law; that they bear no proper relationship to the public health and safety; and that the said sections are unconstitutional because discriminatory.

There was an agreed stipulation of facts. The Rountree [707]*707Corporation was organized for the purpose of conducting a retail furniture business in the city of Richmond. It desired to sell a line of household and kitchen appliances such as gas stoves, sinks, cabinets, washing machines, and other kindred appliances which are installed in kitchens -and other parts of homes of its customers. In conjunction with the sale and installation of these items plumbing work was necessary. At first the corporation contracted for its plumbing work with plumbing firms in the city. This was found undesirable because it could not secure prompt plumbing service for its customers. It therefore set up its own department for the purpose of performing all of the plumbing work necessary to the installation of the various pieces of equipment sold by it. It employed upon a salary basis a licensed journeyman plumber who actually performed the physical work. From time to time, in order to conform to such installation as was desired by the customer, it was necessary to remodel and revise the existing plumbing in the home. In some instances the requirements of the customer exceeded the actual installation and remodeling and the corporation has from time to time furnished plumbing services of a repair nature in cases.in which no sale of an appliance or facility was made.

All plumbing work performed by the corporation was done by a licensed journeyman plumber, certified as such by the authorities of Richmond.

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Bluebook (online)
51 S.E.2d 256, 188 Va. 701, 1949 Va. LEXIS 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rountree-corp-v-city-of-richmond-va-1949.