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HomeMy Public PortalAboutOrd 166 Unif Plumbing Cd 88 WvkVdft~ C)vtt ;)~) /q ~o '!HE Cl'l'Y OF BEL AIRE, KANSAS amnwo: 1<<>. lIP ~ 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. 1 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. 2 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: 3 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. 4 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 5 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. 6 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 or ~1:t~'!'r' ,.,. ,..t. -:-".'1. i0.<~G'~~.t~~0~5,~ by the Mayor this ~day of J"'f ',/) A1fPt:~y~. n' ; i:1~. .' ..'V"....'.. \~;:) .. h \ 'r:. ';---1"':<;".'. ,.. .,:') ~ \.C' ~~\ , '.~!rr ~F. ,:. ,-d"'Z:C. ... , ',f ' ,. ~ ,~..... ..... \ ' / . - , ~ . ~ \. ...... ~ ,flH LS 'Z~T (]\ 7 -,.ft- "T I T 3 r 1S r ,:( , '~ ~~St~:'~\\\"t.-' ", l'" ,,," the Governing Body this ~day of ~, 1990. c~x~ 7