The term plumbing as used in this article shall be construed to mean the installation of gas or water pipes, fixtures, apparatus and the necessary connections either for supplying gas or water to premises or for the removing of liquid and water-borne wastes from premises in the city, or both such purposes, and shall also denote installed fixtures, drainage and vent systems and gas or water distribution systems as the case may be.
There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for the practice of plumbing and gas-fitting, including the installation, maintenance, extension and alteration of all pipes, fixtures, appliances and appurtenances in connection with sanitary sewers and public and private water and fuel gas systems, the Uniform Plumbing Code, 2003 Edition, as recommended by the International Association of Plumbing and Mechanical Officials, such code being made as a part of the ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. No fewer than three copies of the uniform code shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Greensburg,” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business.
Any person violating any provisions of such code shall be punished as provided in section 1-116 of this code.
The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-402.
The public officer or his or her authorized designee shall be responsible for the administration and enforcement of this article and appointment of a plumbing inspector in accordance with section 4-204 of this chapter, which apply in a like manner to this article.
The public officer shall have the following duties:
(a) To enforce all regulations relating to plumbing construction, alteration, repair or removal;
(b) To examine all buildings in the process of erection, construction, alteration or relocation in the city for the purpose of determining whether the work is in compliance with the plumbing permit given and in compliance with the regulations of the city pertaining to such work, including zoning regulations; and
(c) To keep comprehensive records of applications, of permits or certificates issued, of inspections made, of reports rendered, and of notices or orders issued. All such records shall be open to public inspection during stated office hours, but shall not be removed from the office of the building official or plumbing inspector without his or her written consent.
The public officer shall have the following powers:
(a) To enter any building or structure or premises at any reasonable hour, whether complete or in the process of erection, to perform the duties contained in this chapter;
(b) To adopt and enforce all such prudent emergency measures as he or she may deem necessary and expedient for the public safety under the laws of the city;
(c) May cause any work done in violation of this chapter to be discontinued until he or she shall have satisfactory evidence that the work will be done in accordance with the plumbing regulations of the city, subject to the right of any plumber, plumbing contractor or owner to appeal to the governing body.
(a) The public officer, or his or her authorized designee, shall be the final determiner of the scope and meaning of all provisions of the plumbing code which may be unclear, ambiguous, or requiring interpretation.
(b) The public officer shall have power to modify any of the provisions of the plumbing code upon application in writing by the owner or lessee or his or her authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code. In approving modifications, the plumbing inspector shall see that the spirit of the code is observed, public safety secured and substantial justice done. The particulars of a modification when granted or allowed and the decision of the inspector thereon shall be entered upon the records of the plumbing inspector and a signed copy shall be furnished to the applicant.
It shall be unlawful to install, alter or reconstruct any plumbing or plumbing system, as defined by the plumbing code and section 4-401, in any building in the city without first making application to and receiving a permit therefor from the city clerk, after approval by the chief building official or his or her authorized assistant. The application for such permit shall be made and the permit obtained before any plumbing work is commenced.
(a) A plumbing permit shall be issued upon an application in writing to the office of city clerk on a form or forms provided for the purpose. This application shall, among other things, disclose the following:
(1) The name of the owner of the lot or tract of ground;
(2) The location of the building or structure;
(3) The plumbing work proposed;
(4) The class of occupancy;
(5) The class of construction;
(6) The kind of materials to be used;
(7) The estimated cost of the work;
(8) The date work will commence;
(9) Expected date of completion;
(10) Name and address of plumber, plumbing contractor or contractors doing the work;
(11) Such other information as may be pertinent to the issuance of the required permit.
(b) Upon approval of the completed application and a determination that a permit should be issued, the public officer or his or her assistant shall issue a permit to the owner or contractor authorizing the plumbing work covered by the application.
(c) Any permit issued under this section shall be valid and subsisting for a period of not more than six months from the date of issuance unless the permittee shall have commenced, within the period so limited, the plumbing work authorized by such permit. Plumbing work commenced for the purpose of this section shall mean the beginning of plumbing work other than the preparation of plans or the letting of a plumbing contract.
The fee for a plumbing permit shall be $48.00. The fee herein shall be paid to the city clerk upon obtaining a plumbing permit and the same shall be credited to the general operating fund of the city.
(Code 2007; Ord. 985; Ord. 1033)
A copy of the plumbing permit shall be kept on the premises for public inspection during the performance of the work and until the completion of the same. The plumbing inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof.
It shall be unlawful for any person, firm, or corporation to make connection to a supply of gas or water for which an inspection is required, or which has been disconnected by the order of the plumbing inspector, until a certificate of approval has been issued by the plumbing inspector authorizing the connection and use of such plumbing or plumbing system. The plumbing inspector may, at his or her discretion, authorize a temporary connection.
If in the judgment of the public officer, after inspection, the plumbing or plumbing system in any building are unsafe or dangerous to persons or property, the inspector shall have the power to cause the plumbing or plumbing system to be disconnected from the supply of gas or water and may, at his or her discretion, seal the control valves for the same in a closed or disconnected position, whereupon he or she shall give notice to the owner, or his or her agent, or by posting such notice at the site and shall also notify the utilities serving the premises. Thereafter, it shall be unlawful for any person to cause or permit gas or water to be supplied to the plumbing or plumbing system so sealed until they shall have been made safe and the inspector shall have issued a certificate of approval to that effect.
(a) A plumber or plumbing contractor shall mean:
(1) Any person engaged in the business of installing, altering, maintaining, or repairing plumbing, which shall include all materials and plumbing fixtures, water pipes, portable water treatment equipment, traps, drainage and vent piping, and building drains, including their respective points, connections, devices, receptacles and appurtenances located within the property lines of any premises or in any building.
(2) Any gasfitter or person engaged in the business of installing, altering, or repairing fuel gas piping, gas systems or fixtures.
(a) Each plumber or plumbing contractor shall before entering upon any plumbing work subject to regulation by city laws, apply to the city clerk for a plumber’s or plumbing contractor’s license and receive the same as hereinafter provided and have in his or her possession a valid license authorizing him, her or it to engage in the trade or occupation of a plumber or plumbing contractor in the city.
(b) No permit for any plumbing work shall be issued for any such work to be performed by a plumber or plumbing contractor, as defined, who has not first obtained a license upon making a proper application and payment of the license fee as required.
(c) It shall be unlawful for any person, firm, company, association or corporation to enter into a contract or agreement with another so as to bring himself, herself, or itself under the definition of a plumber or plumbing contractor herein, or to perform any work as a plumber or plumbing contractor or any work under a contract for any work involving plumbing construction, without first having obtained a plumber’s or plumbing contractor’s license issued by the city.
Application for a plumber or plumbing contractor’s license shall be made upon a form to be supplied by the city. New Licenses shall provide proof of licensure in another jurisdiction or letters of reference for the applicant are required. The license or letters of reference must verify proficiency in the same trade that the plumber or plumbing contractor has referenced in his application for registration in the City of Greensburg.
The following license fees shall be paid for the calendar year:
(1) General Plumber or Plumbing Contractor, who shall qualify to engage in more than one kind of plumbing work, the sum of $100.00 for initial licenses and $75.00 for each year thereafter.
(Code 2007; Ord. 985, Ord. 1033)
A plumbing contractor must procure and maintain a liability insurance policy in the amount of $1,000,000 for each occurrence, $2,000,000 aggregate for bodily injury, and $100,000 each occurrence for property damage. Such policies of insurance shall be issued by an insurance company authorized to do business in the State of Kansas. An electrical contractor may qualify as to the insurance requirements by filing a certificate with the city clerk, executed by the resident agent of such company, stating that the required policy of insurance has been issued by such company for the purpose required by this article and that such insurer will not cancel the policy except upon giving 30 days notice in writing to the city, and that the certificate shall be filed for an annual period beginning January 1and ending December 31 of such year.
It is unlawful for any person or persons, firm, partnership, company or corporation, to cut pavements and other streets or alley surfaces, or make any excavation in the streets, alleys, or other public grounds of the City unless such person, persons, partnership, firm, company or corporation shall have first obtained a permit authorizing such excavation or cutting, which permit shall be issued by the public officer or designee and which shall be conditioned upon the compliance by such applicant with the provisions of this chapter and any technical requirements made by the public officer. Each such application shall be accompanied by a permit fee of $350.00, plus additional costs of materials and labor to complete the work that exceeds the permit fee. Upon issuance of a permit, the applicant shall make cut or excavation and shall cause the cut or excavation to be backfilled, using current compaction methods. A minimum of 90 % density shall be obtained. Both the cut or excavation and the backfilling shall be done under the supervision of street superintendent. The applicant shall replace surfaces such as rock or gravel upon completion of the backfilling. Permanent surfaces such as asphalt, brick, or concrete, will be replaced by the street department.
Nothing herein contained shall prohibit any property owner from personally performing any plumbing construction work within and upon his or her own residence and intended for his or her personal use and permanent occupancy; provided, the owner shall satisfy the building inspector as to his or her ability to perform such work, secure a permit, pay required fees, do work in accordance with this article, and apply for any inspection. Personal building or construction performed by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a plumbing or plumbing contractor licensed by the city.
This article shall not be construed to relieve from any liability of lessen the liability of any person performing any activity connected herewith, not shall the city be held as assuming any liability by reason of any inspection authorized herein, by reason of any certificate of inspection issued by it or by reason of any permit or license granted herein.
If any section of the Uniform Plumbing Code or this article shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then such section shall be considered separate and apart from the remaining sections, the section to be completely severable from the remaining provisions which shall continue in full force and effect.