HomeMy Public PortalAboutOrd 166 Unif Plumbing Cd 88
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'!HE Cl'l'Y OF BEL AIRE, KANSAS
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AN ORDINANCE ADOPTING THE 1988 UNIFORM PLUMB-
ING CODE AND PROVIDING FOR THE ISSUANCE OF
PERMITS AND COLLECTIONS OF FEES AND REPEALING
EXISTING ORDINANCES.
WHEREAS, the Governing Body deems it advisable to adopt the Uniform
Plumbing Code, 1988 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,
1988 Edition, as published by the International Association of Plumbing and
Mechanical Officials, 2001 Walnut Drive South, Walnut, California, 91789-
2825, and as amended herein. The Standard Code shall include all appendices
and codified supplements to the Uniform Plumbing Code, 1988 Edition, in-
cluding but not limited to, the IMPMO Installation Standards, except that
the following are declared to be omitted from the Standard Code as herein
adopted: Chapter 11 and Appendix, I, and IMPMO Installation Standards:
IMPMO IS-17, IMPMO IS-22, IMPMO IS-23, IMPMO IS-24, and IMPMO IS-25. The
Standard Code is hereby adopted as the Plumbing Code for the incorporated
areas of Bel Aire, Kansas, and is incorporated by reference herein as if
fully set out in this section.
Changes and additions to the Standard Code which shall be stated in
full hereafter include: Part 1, section 20.3, 30.7 and Chapter 1, sections
102, 107 and 116.
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.
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SECTION III.
DEFINITIONS
A.
lows:
Chapter 1, Section 102 of the Standard Code is amended as fol-
(c) Administrative Authority - The Administrative Authority is
the individual official, board, department, or agency estab-
lished and authorized by a state, county, city, or other
subdivision created by law to administer and enforce the
provisions of the plumbing code as adopted or amended, and
that official's designee(s). The terms "Administrative
Authority" and "Department Director" of the Department of
Code Enforcement are synonymous.
B. Chapter I, section 102 of the Standard Code is amended by adding
the following definition.
(h) Agricultural Building - A structure designed and constructed
to house farm implements, hay, grain, poultry, livestock, or
other horticultural products. The structure shall not be a
place of human habitation or a place of employment where
agricultural products are processed, treated, or packages,
nor shall it be a place used by the public.
C. Chapter 1, section 107 of the Standard Code is amended by adding
the following definition.
(k) Fami~y - An individual, two or more persons related by blood,
marr~age or law, or a group of not more than any five persons
living together in a dwelling unit. Servants having common
housekeeping facilities with a family consisting of an indi-
vidual, or two or more persons related by blood, marriage or
law, are a part of the family for the Standard Code.
D. Chapter 1, section 116 of the Standard Code is amended by adding
the following definition.
(b) One and/or Two Family Dwelling Unit - A structure having one
or two, but not more than two, units providing complete
independent living facilities for one or more persons consti-
tuting a family, including permanent provisions for living,
sleeping, eating, cooking, and sanitation.
SECTION IV: ADOPTION OF RULES AND REGULATIONS
The administrative authority shall have the authority to promulgate
such rules and regulations as are necessary to carry out the purpose of the
Standard Code and such rules and regulations shall be effective upon approv-
al by the Governing Body of the City.
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SECTION V:
VIOLATIONS. ENFORCEMENT. AND PENALTIES.
Part 1, Section 20.3 of the Standard Code is amended 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, or cause or permit the same to be done,
in violation of the Standard Code.
B. SERVICE OF NOTE OF VIOLATION(S) AND CORRECTION(S) ORDERED.
Whenever the Administrative Authority has probable cause to believe that a
person, firm, or corporation is committing or has committed a violation of
any provision of the Standard Code, the Administrative Authority shall first
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 correction
ordered;
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
or business with a person of suitable age and discretion who shall be in-
formed 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 the
copy is returned showing it has not been delivered, a copy thereof is posted
in a conspicuous place in, or, or about the building or structure affected
by the notice.
C. ENFORCEMENT. In any case Notice of Violation(s) and Correc-
tion(s) Ordered authorized herein is not complied with, the Administrative
Authority shall request the City Attorney to institute an appropriate action
or proceeding against the person, firm, or corporation responsible for the
violation:
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1) to restrain, correct, or remove the violation or to
compel such person, firm or corporation to refrain from
any further execution of work;
2) to restrain or correct the erection, installation,
alteration, addition, repair, relocation, replacement,
maintenance or use of such plumbing system;
3) to require the removal of work in violation;
4) to prevent the use of the plumbing system or any part
thereof, which is erected, installed, altered, added to,
repaired, relocated, replaced, maintained or used in
violation of the Standard Code or in violation of a plan
or specification under which an approval, permit or
certificate was used.
In addition, or in the alternative, the Administrative Authority may proceed
with the penalties provision of the Standard 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 which shall be fixed by the Court and shall not exceed one (1)
month. In addition to or instead of 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 $500.00, 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 punish-
able 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 viola-
tion to be abated. The issuance or granting of a permit or approval of
plans and specifications 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 presuming to give authority to violate or cancel the provisions of
this Code shall be valid, except insofar as the work or use which it autho-
rized is lawful.
The issuance or granting of a permit or approval of plans shall not
prevent the Administrative Authority from thereafter requiring the correc-
tion of errors in said plans and specifications or from permitting construc-
tion operations being carried on thereunder when in violation of this Code
or of any other ordinance or revoking any certificate of approval when
issued in error.
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Every permit issued by the Administrative Authority under the provi-
sions 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 the 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 of 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; provided, further, that
such suspension or abandonment has not exceeded one (I) year.
SECTION VI.
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 fixture on one
trap(including water, drainage piping and backflow protection
therefore) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2.00
For each water heater and/or vent................................... 2.00
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 water 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 piping................. 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 (I) to four (4)............... 2.00
F i va (5) or more, each.............................................. . 50
For the issuance of each permit..................................... 10.00
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SECTION VI I. PLUMBING CONTRACTORS. JOURNEYMAN PLUMBER. MASTER GAS
FITTER and JOURNEYMAN GAS FITTER CERTIFICATION.
1. Certification 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 con-
tracting 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 certification.
The following exceptions shall be allowed:
(a) Apprentice plumbers shall be permitted to work when accompa-
nied by and under the direct supervision of a plumbing con-
tractor or journeyman plumber.
(b) Apprentice gas fitters shall be permitted to work when accom-
panied 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 journeyman gas
fitter certificate shall be made to the Sedgwick County Division of Building
Inspections, Planning and Zoning and referred to as the Board of Plumbing
Examiners. The Board may establish minimum levels of experience, training
and other qualifications required to qualify for examination.
SECTION VIII. 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.
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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, or any prior plumbing Ordinance. The court shall have all the
powers that existed prior to the effective date of this Ordinance as to all
accrued violations.
c. Repeal. All prior Ordinances or parts thereof in conflict here-
with are hereby repealed.
D. Severability. Should any section, clause or provision of this
Ordinance be declared by any court of competent jurisdiction to be invalid,
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 IX.
EFFECTIVE DATE.
This Ordinance shall take effect and be enforced from and after publi-
cation once in the official city newspaper.
_f.~S:gp and ADOPTED by
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i0.<~G'~~.t~~0~5,~ by the Mayor this ~day of
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the Governing Body this ~day of ~, 1990.
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