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HomeMy WebLinkAbout1980-2459 ADOPTING THE UNIFORM PLUMBING CODE ORDINANCE NO. 411 AN ORDINANCE relating to building regulations; adopting by reference the Uniform Plumbing Code, 1979 Edition, of the International Association of Plumbing and Mechanical Officials; amending 11.44.010 and 11.44.040 and Subsection 11.44.050 B; and enacting new Sections 11.44.041 and 11.44.042, all of the City of Yakima Municipal Code. WHEREAS, R.C.W. 35.21.180 authorized cities and towns within the State of Washington to pass ordinances adopting by reference compilations and codes relating to the construction of buildings, and WHEREAS, the City Council of the City of Yakima has heretofore examined and understands the scope and purpose of the Uniform Plumb- ing Code, 1979 Edition, of the International Association of Plumbing and Mechanical Officials, and deems it in the best interests of the • City that such Uniform Plumbing Code be adopted as the law of the City of Yakima, and WHEREAS, three copies of such Uniform Plumbing Code have here- tofore been filed in the office of the City Clerk of the City of Yakima for use and examination by the public, as required by law, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 11.44.010 of the City of Yakima Municipal Code is hereby amended to read as follows: "11.44.010 Adoption of Uniform Plumbing Code. The Uniform Plumbing Code, 1979 Edition, of the International. Association of Plumbing and Mechanical Officials, together with and including IAPMO installation standards and appen- dices thereto, consisting of Appendix A, 'Rules for Sizing the Water Systems', Appendix B, 'Combination Waste and Vent Systems', Appendix C, 'Minimum Plumbing Facilities', Appendix D, 'Rainwater Systems', Appendix E,: • 'Mobile Home Parks Plumbing Standards', Appendix G, 'Swimming Pools', and Appendix I, 'Private Sewage Dis- posal Systems', of which not less than three copies each have been filed and now are on file in the office of the City Clerk of the City of Yakima, is hereby adopted and incorporated as fully as if set out in full here- in, as the plumbing code of the City of Yakima, except as hereinafter amended, and the provisions and regula- tions thereof are hereby adopted as the provisions and regulations of the City of Yakima; and the several sec- tions or numbers therein shall constitute, and may be referred to as, the numbers of this chapter." Section 2. Section 11.44.040 of the City of Yakima Municipal Code is hereby amended to read as follows: 411 "11.44.040 Amendment to Part 1 - Administration. Part 1, Administration, of the Uniform Plumbing Code, as applied to the City of Yakima, is hereby amended to read as follows: A. Title. This ordinance shall be known as the 'Uniform Plumbing Code' and will be referred to as 'this Code' herein. B. Purpose. This Code is an ordinance providing minimum requirements and standards for the protection of the public health, safety and welfare. Enforcement and adoption of this Code shall not be construed for the particular benefit of any individual person or group of persons, - other than the general public. In the event of a conflict between the intent of this sub-section and any other section herein, this subsection shall govern insofar as applicable. C. Scope. The provisions of this Code shall apply to the e erection, installation, alteration, addi- tion, 410 repair, relocations, replacement, maintenance or use of any plumbing system, except as otherwise provided for in this Code. D. Existing Installations. (1) Any plumbing system lawfully installed prior to the effective date of this Code may have its exist- ing use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and location and no hazard to the public health, safety or welfare has been created by such system. (2) The owner or his designated agent shall be responsible for the maintenance of the plumbing system in a safe and sanitary condition. E. Authority to Abate. (1) Any portion of a plumbing system found by the Administrative Authority to be insanitary, as defined herein, is hereby deciar-ed to be a nuisance. (2) Where a nuisance exists or a plumbing system is maintained in violation of this Code or any notice issued pursuant to this section, the Administrative Authority shall require the nuisance or violation to be abated and, where necessary, shall seek such abatement in the manner provided by law. F. Administrative Authority. Whenever the term 'Administrative Authority' is used in this Code, it shall mean the Chief of Code Administration or his authorized representative. G. Duties and Powers of Administrative Authority. The administrative authority shall maintain public office hours necessary to efficiently administer the provisions of this Code and amendments thereto and shall perform the following duties: 1. Require submission of, examine and check plans 111 and specifications, drawings, descriptions, and/or diagrams necessary to show clearly the character, kind and extent of work covered by applications for a permit and upon approval thereof shall issue the permit applied for. 2. Keep a permanent, accurate account of all fees for permits issued and other monies collected and received as provided by this Code, the names of the persons upon whose accotnt the same were paid, the date and amount thereof, together with the location or premises to which they relate. 3. Administer and enforce the provisions of this code in a manner consistent with the intent thereof and shall inspect all plumbing and drainage work authorized by any permit to assure compliance with provisions of this Code or amendments thereto,, approving or condemning said work in whole or in part as conditions require. 4. Issue upon request a Certificate of Approval for 111 any work approved by him. 5. Condemn and reject all work done or being done or materials used or being used which do not in all respects comply with the provisions of this Code and amendments thereto. -2- 6. Order changes in workmanship and/or materials essen- tial to obtain compliance with all provisions of this Code. 7. Investigate any construction or work regulated by this Code and issue such notices and orders as 411 necessary. 8. Keep a complete record of all the essential tran- sactions of his office. 9. Transfer all fees collected by him to the proper authority provided by law to receive such funds. 10. Maintain an official register of all persons, firms or corporations lawfully entitled to carry on or engage in the business of plumbing or to labor at the trade of plumbing. H. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this • Code, or whenever the Administrative Authority or his authorized representative has reasonable cause to believe that there exists in any building or upon any premise, any condition which makes such building or premises unsafe as defined in this Code, the Administrative Authority or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Administrative Authority by this Code, provided that if such building or premises be occupied he shall first present proper credentials and demand entry, and if such building or premises be unoccupied he shall first make a reasonable effort to locate the owner or other persons • having charge or control of the building or premises and demand entry. If such entry is refused, the Adminis- trative Authority or his authorized representative shall have recourse to every remedy provided by law to secure entry. 'Authorized Representative' shall include the persons named in Subsection G of this section. 111 • I. Violation and Penalties. (1) Any person, firm or corporation violating any provision of this Code shall be deemed guilty of a mis- demeanor and, upon conviction thereof, shall be punishable by a fine not to exceed $250.00, or by imprisonment in the jail facility for the City of Yakima for not to exceed 90 days, or both fine and imprisonment. Each separate day or any portion thereof, during which any violation of this Code occurs or continues, shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as herein provided. The issuance or granting of a permit or approval of plans and specifi- cations shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the pro- visions 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 authorized is lawful. (2) The issuance or granting of a permit or appro- ., val of plans shall not prevent the Administrative Authority from thereafter requiring the correction of errors in said plans and specifications or from preventing construc- tion operations being carried on thereunder when in violation of this Code or any other ordinance or from revoking any Certificate of Approval when issued in error. (3) Every permit issued by the Administrative Authority under the provisions of this Code shall expire -3- • by limitation and become null and void if the work II/ authorized by such permit is not commenced within sixty (60) days from the date of issuance of such permit, or if the work authorized by such permit is suspended or aban doned at any time after the work is commenced for a period of sixty (60) days. Before such work may be commenced a new permit shall first be obtained to do so. 411 J. Permit Required. (1) It shall be unlawful for any person to install, remove, alter, repair or replace or cause to be installed, removed, altered, repaired or replaced any plumbing, gas or drainage piping work or any fixture or water heating or treating equipment in a building or premises without first obtaining a permit to do such work from the Administrative Authority. (2) A separate permit shall be obtained for each building or structure. (3) No person shall allow any other person to do or cause to be done any work under a permit secured by a permittee except persons in his employ. K. Work Not Requiring a Permit. No permit shall be required in the case of any repair work as follows: The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any trap, drainpipe, soil, was te or vent pipe be or become defective and it becomes necessary to remove and replace the same with new material in any part or parts, the same shall be con- sidered as such new work and a permit shall be procured and inspection made as hereinbefore provided. No permit shall be required for the cleaning or stoppages or the repairing of leaks in pipes, valves, or fixtures, when such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. L. Application for Permit. Any person legally entitled to apply for and receive a permit shall make such application on forms provided for that purpose. He shall give a description of the character of the work proposed to be done, and the location, ownership, occupancy and use of the premises in connection therewith. The Administrative Authority may require plans, specifications or drawings and such other information as he may deem necessary. If the Administrative Authority determines that the plans, specifications, drawings, descriptions or informa- tion furnished by the applicant is in compliance with this Code, he shall issue the permit applied for upon payment of the required fee as hereinafter fixed. M. Cost of Permit. (1) Every applicant for a permit to do work regulated 111 by this Code shall state in writing on the application form provided for that purpose the character of work proposed to be done and the amount and kind in connection therewith, together with such information pertinent thereto as may be required. Such applicant shall pay for each permit issued at the time of issuance a fee in accordance with the schedule constituting Subsection (5) of this section and at the rate provided for each classification shown herein. -4- (2) Any person who shall commence any work for which a permit is required by this Code without first having obtained a permit therefor shall, if subsequently permitted to obtain a 0 permit, pay double the permit fee fixed by this section for such work; provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Administrative Authority that such work was urgently neces- sary and that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases a permit 411 must be obtained as soon as it is practical to do so,-and if there be an unreasonable delay in obtaining such permit a-double fee as herein provided shall be charged. (3) For the purpose of this section, a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached shall be construed to be a fixture. Fees for reconnection and retest of existing plumbing systems in relocated buildings shall be based on the number of plumbing fixtures, gas systems, water heaters, etc., involved. (4) When a permit has been obtained to connect an exist- ing building or existing work to the public sewer or to connect to a new private disposal facility, backfilling of private sew- Aft age disposal facilities abandoned consequent to such connection is included in the building sewer permit. (5) Schedule of Fees: Permit Issuance 1. For issuing each permit . . . . . ..... . . $10.00 2. For issuing each supplemental permit •4.50 Unit Fee Schedule (in addition to Item 1 or 2 above) 1. For each plumbing fixture or trap or set of fix tures on one trap (including water, drainage pip- ing and backflow protection therefor) 4 00 2. For each building sewer and each trailer park sewer ........ . ... . . . ...... 10.00 3. Rainwater systems--per drain (inside building) 4.00 4. For each cesspool (where permitted) 15 00 5. For each private sewage disposal system . . . . 30.00 6. For each water heater and/or vent . . . . . . . 5.00 7. For each gas-piping system of one to five outlets . ..... . . . . . ........ 5.00 8. For each gas-piping system over five outlets, per outlet . . . . . . ........... . 1.00 9. For each industrial waste pretreatment inter- ceptor including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps ..... . ...... . . . . 8.00 10. For installation, alteration or repair of water piping and/or water-treating equipment, each . 2.00 11. For repair or alteration of drainage or vent pip- ing, each fixture . . . ...... . . . . 2.00 41, 12. For each lawn sprinkler system on any one meter including backflow protection devices therefor 6.00 13. For atmospheric-type vacuum breakers not in- cluded in Item 2: 1 to 5 5 00 110 over 5, each • 1 00 14. For each backflow protective device other than atmospheric-type vacuum breakers: 2 inches and smaller 5 00 Over 2 inches 10 00 -5- 15. For each gas- piping system of one to 111 four outlets 2.00 16. For each gas - piping system of five or more outlets; per outlet 0.50 Other Inspections and Fees. 1. Inspections outside of normal business • hours 15 00 per hour (minimum charge - -two hours) 2. Reinspection fee assessed under provisions of Section 305 (f) 15 00 each 3. Inspections for which no fee is specifically indicated 15 00 per hour (minimum charge -- one -half hour) 4. Additional plan review required by changes, additions or revisions to approved plans 15.00 per hour (minimum charge -- one -half hour) N. All Work to be Inspected. All plumbing and drain- age systems shall be inspected by the Administrative Authority to insure cimpliance with all the requirements of this Code. • • • -6- • 0. Notification. It shall be the duty of the per- son doing the work authorized by the permit to notify the Administrative Authority, orally or in writing, that said work is ready for inspection. Such notification shall be given not less than twenty-four (24) hours before the work is to be inspected. It shall be the duty of the person doing the work authorized by the permit to make sure that the work will stand the test prescribed elsewhere in this Code before giving the above notification. P. Stop Orders. Whenever any work is being done contrary to the provisions of this Code, the Administra- tive Authority or his authorized representative may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Administrative Authority to proceed with the work. • Q. Suspension or Revocation. The Administrative Authority may, in writing, suspend or revoke a permit issued under provisions of this Code whenever the permit is issued in error or on the basis of incorrect informa tion supplied, or in violation of any ordinance or regula- tion of, any provisions of this Code. R. Liability. The Administrative Authority or any employee charged with the enforcement of this Code, acting in good faith and without malice for the juris- diction in the discharge of his duties, shall not thereby render himself liable personally and he hereby is relieved, from all personal liability for any damage that may accrue: to person or property as a result of any act required or by reason of any act of omission in the discharge of his duties. Any suit brought against the Administrative Authority or employees, because of such act or omission performed by him in the enforcement of any provisions of this Code, shall be defended by the legal department of the jurisdiction until final termination of the pro- ceedings. 410 S. Unconstitutionality. If any section, subsection, clause or phrase of this ordinance is, for any reasons, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The legislative body hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. T. Board of Appeals. A board shall be appointed and this board shall act as a-board of appeals in making a correct determination of any appeal arising from actions of the Administrative Authority. Appeals shall be made • in writing and the appellant may appear in person before the board or be represented by an attorney and may intro- duce evidence to support his claims. Appeals shall be heard at reasonable times at the convenience of the board but not later than 30 days after receipt thereof. The appellant shall cause to be made at his own expense 411 any tests or research required by the board to substantiate his claims." Section 3. Subsection 11.44.050 B of the City of Yakima Municipal Code is hereby amended to read as follows: "11.44.050 Qualification : of Plumbers. B. License Procurement and Fees. (1) All contractors licenses required by this chapter shall be obtained from the Washington Depart- ment of Labor and Industries, Professional Licensing Division, and shall be maintained in accordance with Title 18 of the Revised Code of Washington. (2) All Journeyman Plumbers Certificate of Com- petency required by this chapter shall be obtained from the Washington Department of Labor and Industries, Build- ing and Construction Safety Inspection Division, and shall be maintained in accordance with Title 18 of the Revised Code of Washington. (3) All Journeyman Side Sewer Installers Licenses required by this chapter shall be obtained from the Chief of Code Administration or his designee upon presentation of a Certificate of Qualification issued and approved by the Division of Code Administration. License fees shall be paid to the City of Yakima at time of issuance in accordance with the following schedule: Original Renewal 410 Journeyman Side Sewer Installers License $10.00 $10.00 Licenses expire on December 31st of each year." Section 4. Section 11.44.041 is hereby enacted as a new sec- tion of the City of Yakima Municipal Code to read as follows: "11.44.041 Amendment to Subsection (c) of Section 102 of the Uniform Plumbing Code. Subsection (c) of Section 102 of the Uniform Plumbing Code is hereby amended to read as follows: '(c) Administrative Authority. The Administrative Authority is the Chief of Code Administration or the Director of the Department of Community Development or their respective designees.'" Section 5. Section 11.44.042 is hereby enacted as a new sec- tion of the City of Yakima Municipal Code to read as follows: "11.44.042 Amendment to Subsection (e) of Section 120 of the Uniform Plumbing Code. Subsection (e) of Section 120 of the Uniform Plumbing Code is hereby amended to read as follows: 'Shall--The word "shall" is defined to have the following meaning: (1) With respect to the functions and powers of the Director of Community Development, Chief Code Official, any agents and employees of the City of Yakima and any board authorized hereunder, a direction and authorization to act in the exercise of sound discretion and in good faith. (2) With respect to the obligations upon owners and occupants of premises and their agents, a mandatory require- ment to act in compliance with this Code at the risk of civil and criminal liability upon failure so to act.'" Section 6. This ordinance shall be in full force and effect 411 thirty days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this:2 K day of Oulree„. , 1980. -8- , .