CHAPTER VI. BUILDING AND CONSTRUCTIONCHAPTER VI. BUILDING AND CONSTRUCTION\ARTICLE 3. PLUMBING AND GAS FITTING CODE

There is hereby incorporated by reference for the purpose of providing minimum regulations for the installation, alteration, repair and maintenance of plumbing and drainage systems, the “International Plumbing Code,” 2009 Edition, including an appendices, prepared and published in book form by the International Code Council, except such articles, sections, parts or portions as are hereinafter omitted, deleted, modified or changed. Any errata officially published by the International Code Council shall become part of the International Plumbing Code when placed on file by the administrative authority. If any conflict or discrepancy exists between this article and the referenced International Plumbing Code, the provisions of this article shall rule. No fewer than three copies of the International Plumbing Code shall be marked or stamped “Official Copy as Incorporated by Reference by the Code of the City of Newton, Kansas,” with all sections or portions thereof intended to be omitted clearly marked to show such deletion or change and to which shall be attached a copy of this ordinance and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. All administrative departments of the city charged with the enforcement of the ordinance shall be supplied, at the cost of the city, such number of official copies of such International Plumbing Code similarly marked, deleted and changed as may be expedient.

(Ord. 4736-10, Sec. 1)

The International Plumbing Code, incorporated by section 6-301 of this article, shall be changed by the following deletions, amendments and additions:

(a)   Deletions:

(1)   Section 109.2.1 is deleted.

(b)   Amendments:

(1)   Section 406.3 is amended to the following:

       The waste for an automatic clothes washer shall discharge through an air break into a standpipe in accordance with Section 802.4 or into a laundry sink. The trap and fixture drain for an automatic clothes washer shall be a minimum of2 inches (51 mm) in diameter. The automatic clothes washer fixture shall connect to a branch drain or drainage stack a minimum of 2 inches (51) diameter. Automatic clothes washers that discharge by gravity shall be permitted to drain to a waste receptor or an approved trench drain.

(2)   Section 504.4 Location is amended to add the following sub-paragraph:

       An existing water heater located in a prohibited space may be replaced if it is equipped with an approved safety pilot and thermostat, and that such bath or bedroom has at least 400 cubic feet of air content with at least one window in an outside wall.

(3)   Section 702.1, 702.2 & 703.3 is amended by adding the following sentence:

       Foam core or cellular core ABS or PVC shall not be used.

(4)   Section 710.1 is amended to add the following sub-paragraph:

       (a)   In no case shall a building sewer be smaller than four inches.

(5)   Section 902.1, is amended to add the following:

       Foam core or celluar core ABS or PVC DWV pipe shall not be used.

(6)   Section 916.2 is amended to add the following:

       In no case shall the main vent stack termination be smaller than three inches for a length of 2 feet below the roof decking.

(7)   Section 1002.1, is amended to add the following sentence:

       The developed length between the trap of a two-inch floor drain or similar fixture and its vents shall not exceed 15 feet.

(Ord. 4258-98; Ord. 4474-03; Ord. 4736-10, Sec. 2)

The Uniform Plumbing Code incorporated by reference by section 6-301 of this article is hereby supplemented with additional local regulations, as set forth in the following sections.

(Code 1980, 6-303; C.O. No. 25; C.O. No. 30; C.O. No. 34; Code 2014)

Whenever the following terms are used in this article or in the above described code, they shall be construed to have the following meaning:

(a)   Administrative Authority. The city building official, including his designated representatives. The powers and duties of the administrative authority shall be as set forth in the Uniform Plumbing Code, above described, and as set forth hereinafter.

(b)   Plumbing Contractor. In order to qualify under this article as a plumbing contractor, any person, firm, copartnership, corporation, association or any combination thereof, which advertises or represents himself or itself to the public to have the capacity or ability to undertake or submit a bid or offer to install, construct, alter, repair, add to or remove, restore or replace any plumbing fixtures, drain laying water or gas piping or, appurtenances thereof, and having an established place of business located within a zoning district permitting such use, as provided by the zoning ordinance. Any such plumbing contractor having such an established place of business in any other city shall have the right to qualify in the business or trade of plumbing installations in the city by obtaining a plumbing contractors license as provided in subsection (c)(2) of this article (section 6-307) and filing a bond as provided in subsection (f) of this article (section 6-313).

(c)   Master Plumber. A person who is qualified and certified by the administrative authority and equipped to properly layout and plan the installation, repairs and maintenance of plumbing or gas fitting, shall be a master plumber.

(d)   Journeyman Plumber. A person who is qualified and certified by the administrative authority to do plumbing, plumbing repairs and maintenance or in any way work at the occupation of plumbing and gas fitting for and under the direction of a certified master plumber shall be a journeyman plumber.

(e)   Gas Fitter. A person who is qualified and has been certified by the administrative authority to do gas fitting.

(f)   Water Treating Installer. A person who is qualified and certified by the administrative authority and equipped to properly layout and install water treatment equipment only. Any work required to separate water treating equipment from certain fixtures, silcocks, etc., shall not be done by water treating installers. Soil or waste pipes or water pipes connected to potable water shall be by licensed plumbers. The exchange rental units may be changed by water treating installers.

(g)   Potable Water. Potable water is water which is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the health authority having jurisdiction.

(Code 1980, 6-303; C.O. No. 25, Sec. 2(a))

(a)   No building or premises within or outside the city limits shall be connected with the water or sewer mains of the city and no plumbing, gas fitting or water treatment equipment shall be installed or reconstructed without written application giving the location of the premises and description and cost of the work contemplated. Permits shall be issued only to persons holding a valid current license of the classification for the work proposed to be done and the work shall be in charg1e of the contractor in whose name the permit is issued, a helper being permitted on work only when accompanied by the license holder; no more work is to be done than is authorized by the permit. Additional work will require another permit. When alterations are to be made which cannot be practically constructed in accordance herewith, special permits may be issued by the inspector if, in his judgment the conditions require it. No permit shall be required for minor repairs of leaks in pipes, traps or cocks, replacing frozen pipes inside buildings.

(b)   Any permit required by this code may be issued to any person to do any plumbing or drainage work regulated by this code in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings in the event that any such person is a bonafide owner of any such dwelling and accessory buildings and quarters, and that the same are occupied by or designed to be occupied by the owner. The owner shall personally purchase all material and shall personally perform all labor in connection therewith.

(Code 1980, 6-303; C.O. No. 25, Sec. 2(b))

A permit issuance fee of $20 shall apply, plus a fee for each of the following:

(a)   Plumbing fixture installation -- $3

(b)   Sewer installation -- $5

(c)   Septic tank installation -- $5

(d)   Water distribution system installation -- $5

(e)   Gas service line installation -- $5

(f)   Gas outlet installation -- $3

(g)   Water piping or water treatment system installation, alteration or repair -- $5

(h)   Water heater replacement -- $5

(i)    Swimming pool or lawn sprinkler system gas or water connection -- $10

(j)    Gas reconnection -- $10

Any person, firm, or corporation who installs any plumbing for which a permit was acquired and for which an inspection is required and who fails to report the same as ready for inspection when such work is completed shall pay a late inspection fee of an amount equal to the regular permit fees.

Any person, firm or corporation starting or commencing any work for which a permit is required without securing such a permit and payment of the fees required, shall pay a fee in an amount double to that amount computed in the permit.

For each inspection required because of work previously inspected and found in noncompliance with this article, a fee of $20 per inspection shall be payable in advance of the inspection.

(C.O. No. 25, Sec. 2(b)(3); C.O. No. 30, Sec. 1; C.O. No. 49; Ord. 4931-16)

No person, firm or corporation shall engage in the business or trade of plumbing, drain laying, water treatment installation, or gas fitting in the city or outside of the city in any building or on any premises connected to the city’s sewer, water or gas mains, without first securing the appropriate certificate in the manner and for the fee hereinafter set forth in this article or holding a valid current certificate issued by a municipality of the State of Kansas, which has incorporated the same Uniform Building Code as the City of Newton and which requires the same or equal certification and testing procedures as hereinafter provided in this article and without having first secured an appropriate license therefor, as hereinafter provided. The following license fees shall be paid for each calendar year and such fees or license term shall not be prorated:

(a)   Plumbing contractor license -- $150 for the first year and $50 a year thereafter

(b)   Master plumber -- $40

(c)   Journeyman plumber -- $20

(d)   Gas fitting contractor license -- $150 for the first year and $50 a year thereafter

(e)   Gas fitter license -- $20

(f)   Water treating installer -- $20

(g)   Specialty License -- $200

(h)   No licensed person, firm or corporation shall permit the use of his or its name by any other person, firm or corporation, either directly or indirectly, either for the purpose of obtaining a permit or for the purpose of doing any plumbing work under his or its license.

(i)    Licenses issued for plumbing contractors, master plumber and journeyman plumber shall entitle the holder thereof to engage in gas fitting and water treating installation without the necessity of securing an additional license therefor.

(j)    A renewal license may be secured without an examination upon recommendation of the administrative authority. If it is secured not later than one month after the expiration of the previous license. Where no new license is secured within the time limit specified the applicant must be re-examined by the administrative authority as heretofore provided.

(Code 1980, 6-303; C.O. No. 25, Sec. 2(c); C.O. No. 49; Ord. 4931-16)

(a)   Administrative authority shall examine any applicant desiring a certificate to engage in the business of plumbing as to his or her practical and theoretical knowledge of plumbing, house draining, plumbing ventilation, gas fitting and water treatment installation within the classification of such certificate, and his or her knowledge of the city ordinances governing such work. The examination shall include or consist of the standard examination for the determination of competency of plumbing contractors and master and journeyman plumbers, based upon codes and standards effective on July 1, 1986, prepared and published and available upon such date from Block and Associates, Florida Farm Bureau Building, 5700 S.W. 34th Street, 1303, Gainesville, Florida 32608.

(b)   If the applicant achieves a 75 percent passing score, the administrative authority shall issue a certificate for a master plumber, journeyman plumber, gas fitter or water treating installer, as the case may be.

(c)   Such examinations shall be conducted quarterly by the administrative authority, and any applicant failing to pass an examination may be re-examined at the next or any succeeding quarterly examination date. No part of the examination fee shall be refunded to the applicant.

(d)   All plumbers’ certificates shall be recorded in the office of the city clerk and shall be nontransferable. They shall expire December 31 each year and shall not be prorated; they may be renewed without re-examination upon application having been made within 30 days of the expiration and no proof having been presented that the holder is not entitled to renewal.

(e)   No person shall be eligible to take the examination for certification as a master plumber until satisfactory evidence has been presented to the administrative authority that the applicant at least six years of work experience in the trade; and no person shall be eligible to take the examination for certification as a journeyman plumber until satisfactory evidence has been presented to the administrative authority that the applicant has at least three years of work experience in the trade.

(Ord. 3851, Sec. 1)

An applicant successfully passing the examination shall thereupon be issued a certificate certifying to such fact and for the classification or classifications for which such examination was taken. The certificate or certificates shall be valid and renewable for the following periods:

(a)   Certificates shall expire on the 31st day of December in the year issued;

(b)   Certificates may be renewed within one month after the expiration date without examination and recommendation of the administrative authority. Thereafter the applicant must be re-examined by the administrative authority heretofore provided.

(Code 1980, 6-303; C.O. No. 25, Sec. 2(d)(3))

Any person not engaged in the business of plumbing installations who has a person holding a certificate of competency as a corporate plumber regularly and continuously in his, her or its employ may make application for plumbing permits and after paying the regular fees, secure a permit authorizing such person holding such certificate of competency to make such plumbing installations in or on such building or premises as are owned, leased or managed as the direct business of such person. All plumbing work performed under such permits issued in conformance with this section must be installed in compliance with the provisions of this article. Such permits shall be issued in the name of the person and shall be used in the regular performance of its business where having the work done. Any person wishing to obtain a certificate of competency as provided by this section must submit evidence of his or her experience and qualifications demonstrating ability equivalent to a master plumber to the administrative authority for approval. A fee of $75 is hereby established for a corporate plumber application. In addition, a fee of $25 is hereby established as an annual certificate fee payable upon issuance of the certificate and further payable annually on or before January 31 of each year for renewal thereof. Certificate renewal will be approved upon payment of the annual fee provided that no evidence has been shown to the administrative authority that the certificate should not be renewed.

(Ord. 3856, Sec. 1)

The administrative authority is hereby authorized to suspend or revoke the certificate of any plumbing contractor, as defined, master plumber or journeyman plumber for the commission of any act in violation of any provision of this code or any other ordinance of the city or the refusal or failure to comply with any lawful and reasonable order of the administrative authority, upon the determination of the plumbing advisory board. When a license or certificate of a person or firm has been revoked, a new certificate or license shall not be granted until he or she shall have corrected the violation in accordance with this code or any ordinance of the city and shall have made application and shall have passed an examination as required for the original certificate or license. The decision of the board shall be final.

(Ord. 3739, Sec. 2)

Upon presentation by the administrative authority to the plumbing advisory board of charges against any holder of any certificate, as set forth in this section, the board shall fix the time and place for a meeting to consider such charges and shall serve upon the holder of the certificate a written notice of the time and place of the meeting which shall be served upon the holder at least five days in advance of the meeting. The board shall make a written record of the hearing and if upon a full hearing of all of the evidence, the board shall determine that such holder of a certificate has been guilty of any of the actions as hereinbefore set forth in this section, the board may fix a reasonable period of time for correction or may thereupon recommend the revocation, or suspension for a definite period, of the license or certificate of the holder. Where a reasonable period of time for correction has been allowed, the board shall, upon expiration of the period, make a further determination and recommendation to the administrative authority concerning the revocation or suspension of the license or certificate in question.

(Ord. 3739, Sec. 3)

(a)   There shall be in the city, a plumbing advisory board consisting of three members who are licensed plumbers. The three members shall consist of two master plumbers and one journeyman plumber. The members of the plumbing advisory board shall be appointed by the city manager, the first appointee to serve for a term of one year, the second appointee to serve for a term of two years, and the third appointee to serve for a term of three years from the first day of May. Thereafter all appointments shall be made for a three year term. Meetings shall be called by the secretary of the board when a meeting is needed. The city plumbing inspector shall act as secretary and shall be available for consultation with the board, but shall have no vote.

(b)   Compensation. The board shall receive such compensation as determined by the governing body.

(Code 1980, 6-303; C.O. No. 25, Sec. 2(e))

(a)   The plumbing advisory board shall hear and determine all appeals from the orders of the administrative authority and act as an arbitration board in deciding any matters that may arise between the administrative authority and any person relative to the interpretation of this article. All proceedings before the board shall be recorded in writing and the determination of the board shall be final.

(b)   Where conditions exist which are not covered by the Uniform Plumbing Code or in which it may be shown that it is impractical to follow the requirements of the same, the plumbing advisory board may grant variances from the strict application of the Uniform Plumbing Code. The board is further authorized, and it shall be its duty to pass upon materials or methods of installation not specifically provided for in the Uniform Plumbing Code and to accept or reject the same as complying or not complying with the intent of such code. The determination of the board shall be final.

(c)   The plumbing advisory board is further hereby given the responsibility of studying and making recommendations for code amendments relative to the use and installation of any products or materials that are being offered for use in plumbing installations and to review the plumbing code and regulations from time to time and make recommendations for code amendments to the governing body. A copy of such code amendments when they have become effective shall be sent to all persons holding a contractor’s license.

(d)   Any person who wishes an appeal or a variance from this code shall submit a written application to the administrative authority. The application shall be accompanied by a fee in the amount of $20 payable to the city. Such fee shall be retained by the city regardless of the outcome of the hearing. Upon receipt of a valid application and fee the administrative authority shall schedule a hearing at the next regular meeting of the plumbing advisory board.

(Code 1980, 6-303; C.O. No. 25, Sec. 2(e)(3))

Each plumbing contractor shall submit and at all times maintain current proof of insurance, in the form of a certificate or certificates of insurance, each with a clause providing for notice to the city clerk not less than 10 days prior to any cancellation thereof, which such proof of insurance must be submitted to and approved by the city clerk as to the following required insurance coverage, to wit:

(a)   Workers compensation insurance for all employees to be engaged in work on any site regulated by the Uniform Plumbing Code in the form as now or thereafter adopted by the city.

(b)   Comprehensive general liability insurance in an amount not less than $500,000 for each occurrence and aggregate, for bodily injury and property damage combined. Failure to maintain current proof of such insurance shall be cause for the revocation of such license.

(C.O. No. 25, Sec. 2(f); C.O. No. 34, Sec. 1)

There shall be at least three inspections and testings in accordance with the provisions of the Uniform Plumbing Code upon the completion of the following work:

(1)   Sewer pipes when first laid and before being covered;

(2)   All outside or inside drain, soil, waste and air or vent pipes when roughing in is finished. Waste and vent openings to be sealed;

(3)   The entire system of plumbing after completion with all fixtures set and water turned on.

(Code 1980, 6-303)

The city manager is hereby authorized to discontinue, after reasonable notice to the occupant thereof, the water service to any property whereon any connection or use in violation of the provisions of this article is known to exist and to take such other precautionary measures as may be deemed necessary by the city manager to eliminate any danger of contamination of the public water supply distribution main. Water service to such property shall not be restored until such violation shall be corrected in compliance with the provisions of this article.

(Code 1980, 6-304)

(a)   Any person, firm or corporation violating any of the provisions of this article .md the Uniform Plumbing Code incorporated thereby shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $100. Each separate day or any portion thereof during which such violation occurs or continues shall be deemed to constitute a separate offense and upon conviction thereof shall be punishable as herein provided.

(b)   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 article or of said code. No permit presuming to give authority to violate or cancel the provisions of this article or said code shall be valid, except insofar as the work or use which it authorizes is lawful. The issuance or granting of a permit or approval of plans shall not prevent the administrative authority from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this article or said code or of any other ordinance or from revoking any certificate of approval when issued in error.

(c)   Every permit issued by the administrative authority under the provisions of this article and of said code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within six months 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 six months. Before such work may be recommenced a new permit shall be obtained.

(Code 1980, 6-306; Ord. 3682, Sec. 3)