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.
(a) It is hereby adopted and incorporated by reference, as if fully set out herein, for the purpose of providing for penalties and prosecution of violations thereof; regulating and controlling the erection, installation, alteration, addition, repair, relocation, replacement, maintenance or use of any plumbing system, except as otherwise provided for in the Uniform Plumbing Code, 2000 edition in the unincorporated area of Sedgwick County, Kansas; providing for the issuance of permits and collection of fees thereof; establishing the Board of Plumbing Examiners and Appeals; establishing license requirements for plumbing contractors, gas fitter contractors, drain layer contractors, and all specialty contractors; establishing certificates for master and journeyman plumbers, gas fitters, and drain layers, the requirements thereof and exceptions thereto, and for the process of suspension and revocation thereof; creating the office of Plumbing Inspector; and establishing truth in advertising, that publication known as the Uniform Plumbing Code, 2000 edition, as published by the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, California 91789, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, amended, or changed, such incorporation being authorized by K.S.A. 12-3009 through 12-3012, inclusive, as amended.
(b) It is hereby adopted and incorporated by reference for the purpose of amending the Uniform Plumbing Code, 2000 Edition, in the form of omissions, amendments, modifications, changes, and deletions thereto, that certain “Resolution No. 199-03,” as adopted by the Board of County Commissioners of Sedgwick County, Kansas, on August 13, 2003 and published on August 18, 2003 in the official county newspaper, such incorporation being authorized by K.S.A. 12-3009 through 12-3012, inclusive, as amended.
(c) The Mayor of the City of Goddard, Kansas is hereby authorized to enter into such interlocal agreement or agreements that may be necessary to effectuate the purposes of this ordinance.
(d) Any and all references to, and uses of, the terms “unincorporated areas of Sedgwick County” or “unincorporated areas” in the Sedgwick County Resolution adopted and incorporated by reference herein shall be deemed to mean and include areas within the corporate limits of the City of Goddard, Kansas.
(e) In the event any section or part of this ordinance is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of the remaining sections or provisions and such remaining sections or provisions shall remain valid and enforceable.
(Ord. 490, Sec. 2; Code 2001; Ord. 591, Sec.1:5; Code 2012)
The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-502.
Pursuant to “INTERLOCAL AGREEMENT FOR CODE ENFORCEMENT AND SERVICE FOR BUILDING, ELECTRICAL, MECHANICAL, AND PLUMBING CODES, AS CODIFIED IN CHAPTER 6, ARTICLES I-V, INCL. SEDGWICK COUNTY CODE AS AMENDED; BY AND BETWEEN CITY OF GODDARD, KANSAS AND SEDGWICK COUNTY,” the Sedgwick County Department of Code Enforcement or its authorized designee shall be responsible for the administration and enforcement of this article and appointment of a Plumbing Inspector.
The Plumbing Inspector 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 Plumbing Inspector 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.
The Plumbing Inspector, or his or her agent, upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour to perform his or her duties as set out in this chapter.
(a) The Governing Body 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 Plumbing Inspector 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.
(a) It shall be unlawful to make any original installation of any plumbing or plumbing system, as defined by the plumbing code and section 4-501, in any building in the city without first making application to and receiving a permit therefor from the City Clerk, after approval by the Building Official. The application for such permit shall be made and the permit obtained before any plumbing work is commenced.
(b) No permit shall be required for repairing any plumbing, opening up stoppage in waste or supply pipes, traps or drains, replacing fixtures, including water heaters, replacing frozen pipes, rerouting or extending waste or supply lines within an existing structure, and like work.
(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) An application for a plumbing permit shall be signed by the owner or his or her duly authorized agent, or a plumber or plumbing contractor licensed by Sedgwick County, Kansas. If the application is made by the owner or his or her agent, it shall contain the name or names of the licensed plumber, plumbing contractor or contractors doing the work described, or a plumbing permit may be issued to the owner upon his or her application disclosing satisfactory evidence that the proposed work will be performed by the owner, himself or herself and not by a licensed plumber or plumbing contractor, and likewise subject to the final approval of the Plumbing Inspector for work performed.
(c) Upon approval of the completed application and a determination that a permit should be issued, the Building Official shall issue a permit to the owner or contractor authorizing the plumbing work covered by the application.
(d) 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.
Whenever an application for a plumbing permit is made, the Building Official or the Plumbing Inspector may, if he or she finds it necessary to determine whether work described in the application will comply with the laws pertaining to such work, require that the applicant file a written description or drawing of the proposed plumbing construction as may be prepared for the purpose. If such drawing or description is insufficient for the purposes of determining whether a permit should be issued, the Building Official orthe Plumbing Inspector may require the applicant to file complete architectural and engineering plans and specifications for such building or construction, or any part thereof, as may be necessary for the inspector to determine compliance with this article. The filing of such plans and specifications and the approval thereof in connection with an application for a permit shall not in any way affect the authority of the city to deny or issue a permit, or to inspect any plumbing work for conformity with this article.
The fee for a plumbing permit shall be as set forth in Chapter 6, Articles I-V of the Sedgwick County Code, as amended. 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.
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.
Upon the completion of any plumbing work requiring a permit, it shall be the duty of the person doing such work to notify the Plumbing Inspector and request that it be inspected; after which such work shall be inspected promptly as hereinafter provided.
(a) When any plumbing which requires a permit, is to be hidden from view by the permanent placement of parts of the building, the person, firm or corporation installing the plumbing shall notify the Plumbing inspector and such equipment shall not be concealed until it has been inspected, approved or authorized by the Plumbing Inspector or until 24 hours, exclusive of Saturdays, Sundays and holidays, shall have elapsed from the time of such notification. On large installations, where the concealment of plumbing proceeds continuously, the person, firm or corporation installing the plumbing shall give the Plumbing Inspector due notice and inspections shall be made periodically during the progress of the work.
(b) The Plumbing Inspector shall have the authority to require owners or contractors to open such work which, in any manner, conceals plumbing which requires a permit, that has been closed without his or her knowledge or permission, and in no case shall the inspector issue a certificate of approval until satisfied that the work is in accordance with the provisions of this article. The inspector shall also have the right to refuse to issue a certificate of approval on any plumbing, that is concealed in such manner that it cannot be fully determined that it has been done in accordance with this article.
(a) When the Plumbing Inspector finds plumbing construction to be in conformity with the provisions of this article, he or she shall issue to the person, firm, or corporation performing the plumbing construction, a certificate of approval, with duplicate copy for delivery to the owner, authorizing the use of the plumbing system and connection to the supply of gas or water, as the case may be.
(b) When a certificate of approval is issued authorizing the connection and use of a temporary gas or water supply, the certificate shall expire at a time to be stated therein and shall be revocable for cause by the Plumbing Inspector.
(c) In no case shall certificates of approval be issued on plumbing or plumbing systems or parts of systems where the work installed does not conform to the requirements of this article.
(d) If, upon inspection, the plumbing or plumbing system is not found to be fully in conformity with the provisions of this article, the Plumbing Inspector shall immediately notify the person, firm, or corporation making the installation of the existing defects.
(e) No certificate of approval shall be issued unless the plumbing or plumbing system has been installed in strict conformity with the provisions of this article and unless the plumbing or plumbing system is made in compliance with nationally approved methods of construction for safety to life and property as herein set forth.
(f) The Plumbing Inspector shall be deemed the judge of whether the plumbing or plumbing system has been made in accordance with the requirements of this article.
(g) No certificate of approval shall be required for making minor repairs of any plumbing including repair of leaks in water pipes, traps or cocks, opening up stoppage in waste or supply pipes, traps or drains, replacing fixtures when waste pipes are not disturbed, or replacing frozen pipes inside the building, and like repair work not involving original installation or reconstruction.
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.
(a) If in the judgment of the Plumbing Inspector, 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.
(b) When the Plumbing Inspector condemns all or part of any plumbing system, the owner may, within 10 days after receiving written notice thereof, file a petition in writing for review of the action of the Plumbing Inspector by the Governing Body, upon the receipt of which the Governing Body shall at once proceed to determine the facts, and within 10 days from receiving the petition make a decision in accordance with their findings.
In lieu of assessing and collecting its own fees for plumber’s or plumbing contractor’s licenses, the City of Goddard adopts Sedgwick County’s requirements for licensing and permitting, and thereby defers such assessing and collecting to Sedgwick County by incorporating by reference Sedgwick County’s requirements for plumber’s or plumbing contractor’s licenses which are codified in the Sedgwick County Code, Chapter 6, Articles I-V, inclusive, Section 6-137, Uniform Plumbing Code (UPC), Section 104.1, plumbing contractor’s, gas fitting contractor’s and drain laying contractor’s license requirements.
No plumber’s or plumbing contractor’s license shall be required for any person performing work on a single family dwelling unit in which he or she actually resides, provided that for purposes of this section, no person shall be considered to reside in a dwelling unit unless he or she resides continuously in that unit for a period of at least Six (6) months.
If any section of the Uniform Plumbing Code or of 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 provisions of the Uniform Plumbing Code or of this article, the section is to be completely severable from the remaining provisions which shall continue in full force and effect.