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HomeMy Public PortalAboutOrd 079 Unif Plumbing Cd 1982 /) ( (,(i~ {/, -:I: L/ ~ f\X ((,R;i.)l/> "LJ j rv,O-/.'f ) I) ;0 8 Lj THE CITY OF BEL AIRE, KANSAS ORDINANCE #-22 AN ORDINANCE ADOPTING THE 1982 UNIFORM PLUMBING CODE AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES AND REPEALING EXISTING ORDINANCE #14-1981. WHEREAS, the Governing Body of the City of BEL AIRE, Kansas did on the 2nd day of June, 1981 adopt Ordinance #14-1981 incorporating by reference the Uniform Plumbing Code, 1979 Edition, as the standard plumbing code of the city; and WHEREAS, the Governing Body now deems its advisable to adopt the Uniform Plumbing Code, 1982 Edition. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS, that the following plumbing code for the incorporated area of the city of BEL AIRE, Kansas be and the same is hereby adopted. Section I: Standard Code Adopted. The "Standard Code" as referred to herein is the Uniform Plumbing Code, 1982 Edition, as published by the International Association of Plumbing and Mechanical Officials, 5032 Alhambra Avenue, Los Angeles, California 90032. Changes to the Standard Code shall include the following: (a) Chapter II and Appendix I are hereby deleted. (b) Part 1, Section 20.3, 20.7 and 20.14 and Chapter 1, Sections 102, 105, 107, and 116 are amended as set forth herein. The Standard Code shall include all appendices and codified supplements to the Uniform Plumbing Code, 1982 Edition, including, but not limited to, IAPMO installation Standards, except as otherwise provided in this section. Section II: Copies on File. Not less than three (3) copies of the Standard Code incorporated by reference in Section I shall be filed with the City Clerk. Said copies shall have attached a copy of this Ordinance and shall be open to inspection and available to the public at all reasonable business hours. Section III: Definitions. A. Agricultural Building. Chapter 1, Section 102 of the Standard Code is hereby amended by adding the following definition. "Agricultural Building" means a structure designed and constructed to house farm imple- ments, hay, grain, poultry, livestock, or other horticultural products. This structure shall not be a place for human habitation or a place of employment where agricultural products are processed, treated or packaged nor shall it be a place used by the public. B. One and/or Two-Family Dwelling. Chapter 1, Section 116 is hereby amended by adding the following definition: A one and/or two-family dwelling unit is a structure having one or two, but no more than two, units providing independent living facilities for one or more persons constituting a family, including permanent provisions for living, sleeping, eating, cooking and sanitation. 1 C. Family. Chapter 1, Section 107 is hereby amended by adding the following definition: A family is an individual or two or more persons related by blood, marriage or law, or a group of not more than four persons (excluding servants), who need not be so related, living together in a dwelling unit. Section IV: Violations and Penalties. Part 1, Section 20.3 of the Standard Code is amended to read as follows: A. Violations. It shall be unlawful for any person, firm or corporation to erect, install, alter, add to, repair, relocate, replace, maintain or use any plumbing system in the incorporated area of BEL AIRE, Kansas, or cause or permit the same to be done, in violation of this code. B. Service of Notice. Whenever the Administrative Authority determines that there are reasonable groundsto believe that a violation of any provision of this Code has occurred, he or she shall cause notice of such alleged violation to be served upon any person, firm or corporation responsible therefore. Such notice shall: (1) be in writing; (2) include a description of the real estate sufficient for identification; (3) specify the violation which exists and the remedial action required; (4) allow a reasonable time for the performance of any act it requires. Such notice shall be deemed to be properly served upon such alleged violator if a copy thereof is delivered to such alleged violator personally, or, if not found, a copy thereof is left at such alleged violator's place of abode with a person of suitable age and discretion who shall be informed of the contents thereof. Such notice shall also be deemed to be properly served upon the alleged violator if a copy thereof is sent by mail to such alleged violator's last known address, or, if the letter with a copy is returned showing it has not been delivered, a copy thereof is posted in a conspicuous place on or about the building or structure affected by the notice. C. Enforcement. In case any order or notice authorized herein is not promptly complied with, the Administrative Authority shall request the City Attorney to institute an appropriate action or proceeding against the person responsible for the violation: (1) to restrain, correct or remove the violation or to compel such person to refrain from any further exe~ution of work; (2) to restrain or correct the erection, installation, alteration, addition, repair, relocation, replacement, maintenance or use such plumbing system; (3) to require the removal of work in violation; (4) to prevent the use of the plumbing system or part thereof erected, installed, altered, added to, repaired, relocated, replaced, maintained or used in violation of this Code or in violation of a plan or specification under which an approval, permit or certificate was issued. 2 In addition, or in the alternative, the Administrative Authority may request the City Attorney to enforce the penalty provision of this Code. D. Penalty for Violations. Any person, firm or corporation who shall be convicted in a court of competent jurisdiction of violating any provision of this Code shall be deemed guilty of a Class C misdemeanor and, in accordance with K.S.A. 21-4502, shall be subject to a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one (1) month. In addition to or instead of the confinement authorized by law, a person convicted of violating any provision of this code may be sentenced to pay a fine which shall be fixed by the court at a sum not to exceed $500, in accordance with K.S.A.21-4503. Each day that any violation of this Code occurs after due notice has been served in accordance with the terms and provisions hereof shall constitute a separate offense and shall be punishable as a separate violation. Provided, however, that if any person, firm or corporation is found guilty of a Class C misdemeanor hereinunder and it shall appear to the court that the violation complained of as prescribed in this Code is continuing, then in addition to the penalty set forth above, the court shall enter such order as it deems appropriate to cause the violation to be abated. The issuance or granting of a permit or approval of plans and specifica- tions shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit pre- suming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which it authorized is lawful. The issuance of granting of a permit or approval of plans shall not prevent the Administrative Authority from thereafter requiring the correc- tion of erros in said plans and specifications or from preventing con- struction operations being carried on thereunder when in violation of this Code or of any other ordinance or from revoking any certificate of approval when issued in error. Every permit issued by the Administrative Authority under the prOV1Slons of this Code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within one hundred twenty (120) days from date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty (120) days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made, or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abondonment has not exceeded one (1) year. Section V: Schedule of Fees. Part 1, Section 20.7, is hereby amended by changing the Schedule of Fees therein to read as follows: Schedule of Fees For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping and backflow protection therefore)........................... 2.00 For each water heater and/or vent................................... 2.00 3 For each gas piping system of one (1) to four (4) outlets................................................. 2.00 For each gas piping system of five (5) or more, per outlet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 For each industrial waste pre-treatment interceptor, including its trap and vent, excepting kitchen type grease interceptors functioning as fixture traps............................... 2.00 For installation, alteration or repair of water piping and/or water treating equipment............... 2.00 For repair or alteration of drainage or vent plplng. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 For each lawn sprinkler system or anyone meter, including backflow protection devices therefore. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 2.00 For vacuum breakers or backflow protective devices on tanks, vats, etc. or for installation on unprotected plumbing fixtures, including necessary water piping, one (1) to four (4)........................................ 2.00 Five (5) or more, each..................................... .50 For the issuance of each permit............................ 10.00 Section VI: Plumbing Contractor, Journeyman Plumber, Master Gas Fitter and Journeyman Gas Fitter Certification. 1. Certificate Required. It shall be unlawful for any person to engage in the business of contracting plumbing construction without first having secured a plumbing contractor certificate as provided for by this Ordinance. Further, it shall be unlawful for any person to engage in the trade or otherwise perform acts of plumbing installation within or on any building or premises without first having secured a plumbing contractor or journeyman plumber certificate. It shall be unlawful for any reason to engage in the business of contracting gas system installation without first having secured a master gas fitter certificate as provided for by this Ordinance. Further, it shall be unlawful for any person to engage in the trade or otherwise perform acts of gas system installation within or on any building or premises without first having secured a master gas fitter or journeyman gas fitter certificate. The following exceptions shall be allowed: 4 (a) Apprentice plumbers shall be permitted to work when accompanied by and under the direct supervision of a plumbing contractor or journeyman plumber. (b) Apprentice gas fitters ahall be permitted to work when accompanied by and under the direct supervision of a master gas fitter. (c) Owners of one and two-family dwellings who currently reside in the residence where the work is being performed shall be permitted to work on the plumbing and gas systems in that residence and accessory structures thereof, provided all other requirements of this Code are complied with. 2. Examination Application. Applications for examination for a plumbing contractor, journeyman plumber, master gas fitter or journey- man gas fitter certificate shall be made to the Sedgwick County Division of Building Inspection, Planning and Zoning and referred to the Board of Plumbing Examiners. The Board may establish minimum levels of experience, training and other qualifications required to qualify for examination. Section VII: Miscellaneous Provisions. A. Structures Exempted. Agricultural buildings and One and/or Two-Family Dwelling units, as defined in Section III hereof, shall be exempted from the provisions of this Code. B. Saving Clause. All rights and remedies of BEL AIRE and the property owners and residents thereof are expressly saved as to any and all violations that have accrued at the time of the effective date of this Ordinance, and of Ordinance #14-1981 or any prior plumbing Ordinances. The court shall have all the powers that existed prior to the effective date of this Ordinance as to all such accrued violations. C. Repeal. All prior Ordinances or parts thereof in conflict herewith, including, but not limited to, Ordinance #14-1981 are hereby repealed. D. Severability. Should any section, clause or prOV1S1on of this Ordinance be declared by any count of competent jurisdiction to be in- valid, the same shall not effect the validity of this Ordinance as a whole, or any part thereof, other than the part so declared to be invalid. Section VIII: This Ordinance shall take effect and be enforced from and after publication once in the official city newspaper. PASSED AND ADOPTED by the Governing Body this I~day of ).1,7~ 1984. 5 rv' \s~ L' ;'rC?!';GAPPROVED by the Mayor this {~ (-:, "f :) ~(!.( , \- , I I" '," ,I- <:::"'"\: r ',,_ ~~ I!~/~':~W 'r: . / > 'J" ':" .~/ /'10 ,,~, J' ...\. \"J' ,..,.,.r" (!: ~ \ ,I '.:J~' ~ / ....,. /l'S C' :(J'/'~f!':~~r~~' Irll Ol~) -'I' Cit~ ..;.r ~ c2 ~ day of ./;r/7 ~ '-g~ Mayor 6 , 1984.