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Town of Wheatfield, NY
Niagara County
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Table of Contents
Table of Contents
Code
New Laws (4) Index
[Adopted 4-20-1981 by L.L. No. 2-1981]
Building sewers, with the exception of certain one- and two-family dwellings as described in the following section, shall be installed by licensed plumbers duly licensed by the Town of Wheatfield Plumbing Review Board.
Where a section of the Town is newly sewered in an area where homes are already existing, the owners of one- and two-family dwellings built previous to the awarding by the Town of Wheatfield of the sewer contract in that area may install their own building sewer if all the following conditions are met:
A. 
The residence to be sewered is a one- or two-family dwelling or is the homeowner's principal place of residence but does not have commercial occupancy in the same structure.
B. 
The residence is not in the process of being purchased or on the market for sale.
C. 
The home is presently sewered by a private sewage system.
D. 
The homeowners guarantee they will install their own building sewer and not circumvent the Town ordinance by hiring an unlicensed person or firm to install sewer pipes. A violation of this section is punishable as set forth in Article VI of Part 2.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
The property owner executes an agreement to hold the Town harmless and indemnify the Town for all damages as a result of the sewer installation.
F. 
The homeowner shall secure all permits and pay all fees as described in Part 2 of this chapter.
A. 
The licensed plumber shall deposit with the Town Clerk a surety bond in the amount of $10,000, payable to the Town, to be for the same period as the period of registration, i.e., one year, to begin January 1 and end on December 31 each year. The required surety bond must be:
(1) 
With good and sufficient surety.
(2) 
By a surety company authorized to transact business in the State of New York.
(3) 
Satisfactory to the Town Attorney in form and substance.
(4) 
Conditioned upon the plumbers compliance with Part 2, General Usage, of this chapter and this Part 1.
B. 
Insurance requirements for licensed plumber or excavator where a licensed plumber is not required; liability.
(1) 
The licensed plumber or excavator (herein called "licensee"), where a licensed plumber is not required, shall file written evidence that there is in force and in effect a liability insurance policy issued by an insurance company authorized to do business in the State of New York to secure and hold the Town of Wheatfield and its officers harmless against any and all claims, judgments or other costs arising by reason of the issuance of permits to the licensee for which the Town of Wheatfield, the Town Board or any Town officer may be made liable by reason of any action or injury to persons or property through the fault of the licensee or for any other injury resulting from the negligence of the licensee. Such insurance shall cover collapse, explosion hazards and underground work by equipment on the street and shall include protection against liability arising from completed operations.
(2) 
The amounts of liability insurance shall be in the amount of $100,000 maximum liability for injuries to one person and $300,000 maximum liability for injuries sustained in each accident and also against legal liability for property damage in the amount of not less than $50,000, and such policy shall also state that it shall remain in full force without change until the expiration thereof, and it shall not be terminated or canceled for any reason or cause except after 10 days' written notice of such proposed termination of cancellation has been duly served upon the Town.
(3) 
Such insurance shall also contain a hold harmless clause or endorsement to provide that the permittee (or licensee) shall save and hold harmless the Town of Wheatfield from any and all damages and liability by reason of bodily injury or property damage arising either directly or indirectly from the work to be performed by the permittee (or licensee). The Town of Wheatfield will be named as an additional insured.
(4) 
Such liability insurance policy shall run from January 1 to December 31 of each year, the same period for registration purposes and for surety bonds.
A. 
The four-inch or six-inch polyvinyl chloride (PVC) sewer pipe shall conform to the latest requirements of ASTM 3034, have bell and spigot type joints or rubber joints and be at least Schedule 35 or glue joints with Schedule 40, ASTM 1784.
B. 
The standard for cast iron shall be a minimum of four-inch standard weight cast-iron soil pipe with ASTM A-74.
C. 
The owner shall install a cleanout of not less than four inches in diameter at the lot line.
D. 
The PVC pipe shall be laid on four inches of No. 1 stone or equal, shall not be blocked and shall be covered with four inches of No. 1 stone or equal.
E. 
The owner may install the sewer connection within the owner's residence, provided that the connections pass the inspection of the Plumbing Inspector.
F. 
The "Plumbing Inspector" shall mean the "Town of Wheatfield Plumbing Inspector."
G. 
The sewer inspection shall be the responsibility of qualified employees of the Town Sewer Department. The Town Board may also designate inspections to the Plumbing Inspector.
A. 
There is hereby established a Sewer Board of Review. The duties of the Sewer Board of Review shall consist of hearing grievances of residential and commercial property owners who, because of hardship, are requesting a variance from this Part 1.
B. 
The Sewer Board of Review shall consist of three members, namely the head of the Town Sewer Department, a representative of the Plumbing Review Board and one citizen at large. The members shall be appointed by the Supervisor for a term of one year coterminous with the end of the calendar year.
C. 
The Sewer Board of Review shall meet from time to time as it shall determine, and the members shall create rules of procedure, including designation of a Chairman.
D. 
Determinations of the Sewer Board of Review shall be final and shall be given, in writing, to the grievant within three days of any grievance hearing, with copies to the Town Clerk and the Town Board.