[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.Â
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.Â
The residence is not in the process of being purchased
or on the market for sale.
C.Â
The home is presently sewered by a private sewage
system.
D.Â
E.Â
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.
A.Â
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:
B.Â
Insurance requirements for licensed plumber or excavator
where a licensed plumber is not required; liability.
(1)Â
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)Â
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)Â
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)Â
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.Â
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.Â
The standard for cast iron shall be a minimum of four-inch
standard weight cast-iron soil pipe with ASTM A-74.
C.Â
The owner shall install a cleanout of not less than
four inches in diameter at the lot line.
D.Â
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.Â
The owner may install the sewer connection within
the owner's residence, provided that the connections pass the inspection
of the Plumbing Inspector.
F.Â
The "Plumbing Inspector" shall mean the "Town of Wheatfield
Plumbing Inspector."
G.Â
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.Â
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.Â
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.Â
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.Â
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.