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Wicomico County, MD
 
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Table of Contents
Table of Contents
[1]
Editor's Note: Former § 183-5, BOCA provisions deleted, was repealed 2-13-1990 by Bill No. 1990-4.
The provisions of this code shall apply to every plumbing installation, including alterations, repairs, equipment, appliances, fixtures, fittings or appurtenances thereto, within the county or its police jurisdiction or when connected to the water or sewerage system.
This code shall be construed liberally and justly to secure the proper installation of systems for furnishing potable water, for sanitary sewage disposal and storm drainage and to ensure public safety, health and welfare insofar as they are affected by the installation and maintenance of plumbing.
A. 
Plumbing installation by home owner. Nothing in this code shall prevent any legal owner of a single-family dwelling unit, who resides therein, and his family from installing or maintaining plumbing within his own property boundaries. Such privilege does not convey the right to violate any provisions of this code, nor is it construed as exempting such legal property owner from obtaining a permit and paying the required fees therefor, and the posting of a proper bond.
B. 
Notwithstanding any provisions of this code, property used exclusively for agricultural purposes shall be excluded from all provisions of this chapter, provided that no repairs, maintenance, installation or other work hereunder shall in any way be provided for human consumption. The bona fide use of a parcel of land for the cultivation, raising of poultry and livestock or similar agrarian activity and the related buildings, structures and appurtenances necessary to carry out the aforementioned activities, except any dwellings thereon, shall be deemed agricultural.
The invalidity of any provision in any section of this code as applied to existing buildings and structures shall not be held to affect the validity of such section in its application to buildings and structures hereafter erected.
A. 
This code shall apply to existing plumbing systems as described in this section.
B. 
Alterations in excess of 50%. Plumbing systems where the extent of additions or alterations exceeds 50% of the total length of pipe in the existing systems.
C. 
Damages exceeding 50%. If the structure is damaged by fire or any other cause to an extent in excess of 50% of the physical value of the structure before the damage was incurred, this code's requirements for new structures shall apply.
D. 
Additional loads. Where additions or alterations subject parts of existing systems to loads exceeding those permitted herein, such parts shall be made to comply with this code.
A. 
Continuation. The legal use and occupancy of any structure existing on the date of adoption of this code or for which it had been heretofore approved, may be continued without change, except as may be specifically covered in this code or as may be deemed necessary by the Plumbing Official for the general safety and welfare of the occupants and the public.
B. 
Change in use. It shall be unlawful to make any change in the use or occupancy of any structure which would subject it to any special provision of this code without approval of the Plumbing Official and his certification that such structure meets the intent of the provisions of law governing building construction for the proposed new use and occupancy and that such change does not result in any greater hazard to public health, safety or welfare.
A. 
Ordinary repairs. Minor repairs or replacements of any existing system may be made in the same manner and arrangement as in the existing system, provided that such repairs or replacements are made in a safe and sanitary manner and are approved by the Plumbing Official.
B. 
Maintenance. All plumbing, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this Code shall be maintained in good working order. The owner or his designated agent shall be responsible for the maintenance of plumbing.
Before a structure can be demolished or removed, the owner or agent shall notify all utilities having service connections within the structure, such as water, electric, gas, sewer and other connections. A permit to demolish or remove a structure shall not be issued until a release is obtained from the utilities, stating that their respective service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner.
Buildings and structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings and structures.
Building sewers and water service pipes shall connect, when possible, to the public sewer and water main at a point designated by the proper authority.
A. 
A permit shall be required from the Department of Planning, Zoning and Community Development of the county for each excavation in a public street or alley before the work is commenced. Work under such permit shall be commenced within 48 hours, otherwise the permit shall become void. All permits shall be kept at the place of excavation while the work is being done and exhibited whenever called for by any person having an authority to examine same. There shall be no more than 1/2 the width of any street or alley opened or obstructed at any one time; tunneling shall not be allowed, and no authorized underground construction shall be injured or interfered with. All portions of the street excavated shall be put in as good condition as before the excavation was made. The trench or excavation shall be refilled, thoroughly rammed and puddled within 48 hours after making the connection or repairs. When an excavation is made in any paved street where it is necessary to remove paving, the person, firm or corporation to whom the permit was issued for such excavation shall leave a written notice with the Department of Planning, Zoning and Community Development, and said notice shall state that the excavation has been properly filled, tamped and is ready for repaving. Whenever any person, firm or corporation making any excavation in the street or alley fails to refill, in the proper manner, as required by this code or fails to maintain same for a period of one year, then the Director of Planning, Zoning and Community Development shall cause the work to be done and the cost thereof shall be charged against the bond as heretofore provided.
[Amended 12-18-2012 by Bill No. 2012-13]
B. 
It is hereby required that, for every excavation made on public property, proper safeguards shall be provided against injury to the public; barricades shall be provided at five-foot distance, and such barricades shall completely encircle all open excavations or trenches. All barricades, as required by this code, shall have at least one sign placed thereon in a conspicuous manner, indicating the name of the person, firm or corporation causing such excavation. When approved by the Director of Planning, Zoning and Community Development, steel plates of sufficient strength may be used to cover the excavation to prevent blocking of streets.
[Amended 12-18-2012 by Bill No. 2012-13]
C. 
From sunup to sundown there shall be placed, at a distance of not less than 100 feet, sufficient numbers of red flags to warn the public of the dangerous excavation. From sunset to sunrise there shall be placed at a distance of not less than 100 feet sufficient red lights or flambeaux to indicate the length of the excavation in the public thoroughfare and to warn the public of the dangerous excavation. In addition to the above, there shall be placed on or by the barricades sufficient red lights or flambeaux to indicate the point of excavation and size.
A. 
Approved materials and equipment. All materials, equipment and devices approved for use by the Plumbing Official shall be constructed and installed in accordance with such approval.
B. 
Modifications. When there are practical difficulties involved in carrying out the provisions of this code or of an approved rule, the Plumbing Official may vary or modify such provisions upon application of the owner or his representative, provided that the spirit and intent of the law shall be observed and public health safety and welfare be assured.
C. 
Records. The application for modification and the final decision of the Plumbing Official shall be in writing and shall be officially recorded with the application for the permit in the permanent records of the Department.
D. 
Used materials and equipment. Used materials, equipment and devices may be used, provided that they have been reconditioned, tested and placed in good and proper working condition and approved for use by the Plumbing Official.
E. 
Alternate materials and equipment. The provisions of this code are not intended to prevent the use of any material or equipment not specifically prescribed by this code, provided that any such alternate has been approved. The Plumbing Official may approve any such alternate, provided that he finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
F. 
Research and investigations. He shall require that sufficient technical data be submitted to substantiate the proposed use of any material or assembly, and if it is determined that the evidence submitted is satisfactory proof of performance for the use intended, he may approve its use, subject to the requirements of this code. The costs of all tests, reports and investigations required under these provisions shall be paid by the applicant.
G. 
Research reports. He may accept as supporting data to assist him in his determination duly authenticated research reports from the Building Officials and Code Administrators International or from other approved authoritative sources for all materials or assemblies proposed for use which are not specifically provided for in this code.
A. 
The State Health Department and the Wicomico County Department of Health are authorized by the county to enforce the provisions of this chapter and are designated as the Plumbing Official for all purposes of this Plumbing Code.
B. 
Relief from personal responsibility. The Plumbing Official, its officers or employees charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby render itself liable personally, and it is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of its official duties. Any suit instituted against any officer or employee because of an act performed by him in the lawful discharge of his duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. In no case shall the Plumbing Official or any of its subordinates be liable for costs in any action, suit or proceeding that may be instituted in pursuance of the provisions of this code; and any officer of the Plumbing Official, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of his official duties in connection therewith.
A. 
General. The Plumbing Official shall enforce all the provisions of this code and shall act on any question relative to the mode or manner of construction and the materials to be used in the installation of plumbing work, except as may otherwise be specifically provided for by other requirements or as provided in the following sections.
B. 
Applications and permits. The Plumbing Official shall receive applications and issue permits for the installation of plumbing and inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.
C. 
Notices and orders. The Plumbing Official shall issue all necessary notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance with all the code requirements for safety, health and general welfare of the public.
D. 
Inspections. The Plumbing Official shall make all the required inspections or it may accept reports of inspection by authoritative and recognized services or individuals, and all reports of such inspections shall be in writing and certified by a responsible officer of such authoritative service or by the responsible individual, or it may engage such expert opinions as it may deem necessary to report upon unusual technical issues that may arise, subject to the approval of the appointing authority.
E. 
Credentials. The Plumbing Official or its authorized representative shall carry proper credentials of its respective office for the purpose of inspecting any and all buildings and premises in the performance of its duties.
F. 
Department records. The Plumbing Official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections and notices and orders issued. Such records shall be retained in the official records so long as the building or structure to which they relate remains in existence, unless otherwise provided by other regulations.
G. 
The Plumbing Official, with the approval of the County Executive of Wicomico County, Maryland, may appoint such number of officers, inspectors, assistants and other employees to administer this code as shall be authorized from time to time.
[Amended 10-17-2006 by Bill No. 2006-11]
A. 
Permit required. Plumbing work shall not be commenced until a permit for such work has been issued by the Plumbing Official. Repairs which involve only the working parts of a faucet or valve, the clearance of stoppages or the repairing or the replacement of defective faucets or valves may be made without a permit, provided that alterations are not made in the existing piping or fixtures.
B. 
Form. Application for a permit for plumbing work shall be made on forms prepared and provided by the Plumbing Official and shall be accompanied by an adequate description of the proposed plumbing work.
C. 
By whom application is made. Application for a permit shall be made by the owner or his authorized agent to install all or part of any plumbing system. The applicant, other than a homeowner, shall meet all qualification, licensing or bonding requirements as may be established by rules promulgated with the code or by another ordinance or statute. The full names and addresses of the owner, lessee, applicant and of the responsible officers, if the owner or lessee is a corporate body, shall be in the application.
D. 
Description of work. The applicant shall list the number of fixtures of each type to be installed, the location of the work, the use and occupancy of the building in which the work is to be performed and additional information as may be required by the Plumbing Official.
E. 
Plans and specifications. The Plumbing Official may require the submission and approval of plans and specifications in duplicate showing the nature and extent of the proposed work before a permit is issued. If, in the course of the work, it is found necessary to make any change from the approved plans and specifications on which a permit has been issued, amended plans and specifications shall be submitted, and, if approved, a supplementary permit shall be issued to cover the change after the same conditions required to secure the original permit have been satisfied.
F. 
Type of plans. Plans and specifications where required by the Plumbing Official shall include a plan view and riser diagram showing the work. Such plans shall show the direction of flow, pipe size, grade of horizontal piping, elevations and drainage fixture unit loading of both stacks and drains in the drain, waste and vent (DWV) system and the supply fixture unit load for water system and any branch supplies which serve more than one plumbing fixture, appliance or hose outlet. Symbols used thereon shall be in accordance with accepted engineering practice.
G. 
Site plan. There shall also be filed a site plan showing the location of water service and sewer connections with respect to any building in which a plumbing system is to be installed. Vent stack terminations shall be shown with respect to building ventilation openings which could cause introductions of sewer gases into the building or any adjacent building.
H. 
Engineering detail. The Plumbing Official may require adequate details of plumbing work, including computations and other technical data to be filed.
I. 
Amendments. Subject to the limitations of Subsection E, amendments to a plan, application or other records accompanying the same may be filed at any time before completion of the work for which the permit is sought or issued, and such amendments shall be deemed part of the original application and shall be filed therewith.
J. 
Time limit. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been diligently prosecuted or a permit shall have been issued, except that for reasonable cause, the Plumbing Official may grant one or more extensions of time for additional periods not exceeding 90 days each.
A. 
Action on application. The Plumbing Official shall examine or cause to be examined all applications for permits and amendments thereto within a reasonable time after filing. If the application or the plans do not conform to the requirements of all pertinent laws, he shall reject such application in writing, stating the reasons therefor. If he is satisfied that the proposed work conforms to the requirements of this code and all laws and ordinances applicable thereto, he shall issue a permit therefor as soon as practicable. A plumbing permit shall not be transferable.
B. 
Previous approvals. A provision in this code shall not require changes in the plumbing system of a building for which a lawful permit has been heretofore issued or otherwise lawfully authorized and the installation of which shall have been actively persecuted within 90 days after the effective date of this code and completed with dispatch.
C. 
Signature to permit. The Plumbing Official shall attach his signature to every permit or he may authorize a representative to affix such signature thereto.
D. 
Approved plans. The Plumbing Official shall stamp or endorse in writing all sets of corrected plans approved, and one set of such approved plans shall be retained by him and the other set shall be kept at the building site, open to inspection of the Plumbing Official or its authorized representative at all reasonable times.
E. 
Approval in part. The Plumbing Official may issue a permit for the installation of part of a plumbing system before the entire plans and specifications for the whole system have been submitted, provided that adequate information and detailed statements have been filed with all the pertinent requirements of this code. The holder of such permit shall proceed at his own risk with the work and without assurance that a permit for the entire system will be granted.
F. 
Revocation. The Plumbing Official may revoke a permit or approval issued under the provisions of this code in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based.
A. 
Payment of fees. A permit shall not be issued until the fees designated by the County Council have been paid.
[Amended 2-13-1990 by Bill No. 1990-4; 10-17-2006 by Bill No. 2006-11]
B. 
Compliance with code. The permit shall be a license to proceed with the work and shall not be construed as authority to violate, cancel or set aside any of the provisions of this code, except as specifically stipulated by modification or legally granted variation as described in the application.
C. 
Compliance with permit. All work shall conform to the approved application and plans for which the permit has been issued and any approved amendments thereto.
A. 
General. A permit to begin work for a new construction or alteration shall not be issued until the application fee and permit fee prescribed have been paid, nor shall an amendment to a permit necessitating an additional fee because of the additional work involved be issued until the additional fee shall have been paid.
B. 
Where plumbing is commenced before a permit is obtained, the permit fees shall be doubled.
[Amended 10-13-1984 by Bill No. 1984-9; 2-13-1990 by Bill No. 1990-4]
C. 
Separate permits shall be obtained whenever the following conditions prevail:
(1) 
For each dwelling unit and/or structure.
(2) 
In apartments, condominiums or townhouse projects, separate permits shall be obtained for each dwelling unit, accessory unit and for the on-site plumbing installation.
(3) 
In the case of shopping centers, malls, groups of offices within a single structure and/or similar uses, a separate permit shall be obtained for each respective store, office and/or use for the on-site plumbing installation.
D. 
Permit fees. Permit fees shall be as recommended by the Plumbing Official and approved by the County Council.
[Added 2-13-1990 by Bill No. 1990-4; amended 10-17-2006 by Bill No. 2006-11]
A. 
Required. It shall be the duty of the Plumbing Official to enforce the provisions of this code and to make such inspections and tests as may be required under Article 18, entitled "Inspection, Tests and Maintenance."
B. 
Inspection services. The Plumbing Official may accept reports of approved inspection services which satisfy its requirements as to qualifications and reliability.
C. 
Inspection reports. All inspection reports shall be in writing and shall be certified by the approved authority or responsible officer of the service or the individual, when expert inspection services are accepted. An identifying label or stamp permanently fixed to the product, indicating that required inspection has been made, shall be accepted in lieu of the aforesaid inspection report in writing, if the intent or meaning of such identifying label or stamp is properly substantiated.
D. 
Final inspections. Upon completion of the plumbing work, a final inspection shall be made and all violations of the approved plans and permit shall be noted and the holder of the permit shall be notified of the discrepancies.
E. 
Right of entry. In the discharge of its duties, the Plumbing Official or its authorized representative shall have the authority to enter, at any reasonable hour, any building, structure or premises in the county under the provisions of this code.
All work shall be conducted, installed and completed in a workmanlike and acceptable manner so as to secure the results intended by this code and the standards referenced herein.
A. 
If any person commences any work on a plumbing installation before obtaining the necessary permit from the Plumbing Official, he shall be subject to the penalty prescribed herein.
B. 
Unlawful acts. It shall be unlawful to install, extend, alter, repair or maintain plumbing systems in or adjacent to buildings except in conformity with this code.
C. 
Notice. The Plumbing Official shall serve a notice of violation or order on the person responsible for the installation of plumbing work in violation of the provisions of this code or in violation of a detail statement or a plan approved thereunder or in violation of a permit or certificate issued under the provisions of this code, and such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
D. 
Prosecution. If the notice of violation is not complied with promptly, the Plumbing Official shall request the legal counsel of the jurisdiction to institute the appropriate proceedings at law or in equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful use of any plumbing system in violation of the provisions of this code or of the order or direction made pursuant thereto.
E. 
Penalties. Any person who shall violate a provision of this code or who shall fail to comply with any of the requirements thereof or who shall install plumbing work in violation of an approved plan or directive of the Plumbing Official or of a permit or certificate issued under the provisions of this code shall be guilty of a civil infraction, punishable by fine of not more than $1,000. The Plumbing Official is hereby authorized to issue citations for civil infractions of this chapter. Each day that a violation continues shall be deemed a separate offense.
[Amended 2-14-1994 by Bill No. 1994-2; 10-24-2000 by Bill No. 2000-9]
F. 
Abatement. The imposition of the penalties herein prescribed shall not preclude the County Solicitor, Wicomico County, and/or the Plumbing Official from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to stop an illegal act, conduct, business or use of a building or structure in or about any premises.
A. 
Notice. Upon notice from the Plumbing Official that work on any building or structure is being prosecuted contrary to the provisions of this code or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop-work order shall be in writing and shall be given to the owner of such property or to his agent or to the person doing the work and shall state the conditions under which work may be resumed.
B. 
Unlawful continuance. Any person who shall continue any plumbing work in or about the structure after having been served with a stop order, except such work as he is directed to perform to remove a violation of unsafe conditions, shall be liable to fine of not less than $100 nor more than $500.
A. 
Approval. After the prescribed tests and final inspection indicate that the work complies in all respects with this code, a notice of approval shall be issued by the Plumbing Official.
B. 
Temporary occupancy. Upon the request of the holder of a permit, the Plumbing Official may issue a temporary authorization before the entire work covered by the permit shall have been completed, provided that such portion or portions may be put into service safely prior to full completion of the building or structure without endangering health or public welfare.
All plumbing installations, regardless of type, which are unsanitary or which constitute a hazard to human life, health or welfare are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure as outlined in the Building Code of Wicomico County[1] or any future ordinances dealing with the subject matter hereof.
[1]
Editor's Note: See Ch. 117, Building Construction.
[Amended 10-13-1984 by Bill No. 1984-9; 2-13-1990 by Bill No. 1990-4]
A. 
Before any person, firm or corporation shall engage in the plumbing business within the county, he shall be qualified as set forth herein, and a license shall be obtained from the Wicomico County Plumbing Official when proof of liability insurance of at least $300,000 and a valid Maryland State master plumbers license is presented. Where any plumbing work is being done, a master or journeyman plumber shall at all times be in actual control and in charge of the work being done, except as follows: Those persons, firms or corporations meeting the requirements of Subsection B must have a qualified supervisor at all times on the job.
[Amended 4-4-2006 by Bill No. 2006-5]
B. 
Whoever desires to enter the plumbing business or offers plumbing services within the county shall apply for registration to the Wicomico County Plumbing Official and present certificates from the state, together with satisfactory proof as to competency to enter the plumbing business; except that the following persons or firms shall not be required to be registered master plumbers: those persons or firms desiring to install, repair or maintain on-site waste disposal systems on any premises and who shall start five feet outside the building line; those persons or firms engaged in the practice of installing groundwater heat pump equipment; and those persons or firms engaged in the practice of installing water conditioning equipment. Those persons or firms engaged in the practice of installing groundwater heat pump equipment or on-site wastewater disposal systems must be registered and licensed with the Wicomico County Plumbing Official and provide satisfactory proof as to the competency to perform this type of business to the county. Those persons or firms engaged in the practice of installing water conditioning equipment must be registered and licensed with the Wicomico County Plumbing Official and provide satisfactory proof as to the competency to perform this type of business to the county.
[Amended 2-14-1994 by Bill No. 1994-2; 4-4-2006 by Bill No. 2006-5]
C. 
A license shall be obtained from Wicomico County, Maryland, after fully complying with Subsection B. The initial registration and license fee shall be recommended by the Plumbing Officer and approved by the County Council. All licenses shall expire on April 30 of each year and shall be renewed annually thereafter only upon written application to the Wicomico County Plumbing Official. Renewal fees shall be the same as those for initial licensing.
[Amended 10-17-2006 by Bill No. 2006-11]
D. 
Any person, firm or corporation engaged in the plumbing business whose work does not conform to the rules and regulations hereinafter set out or whose workmanship or materials are of inferior quality shall, on notice from the Plumbing Official, make necessary changes or corrections at once so as to conform to this code. If the work has not been so changed after 10 days' notice from the Plumbing Official, the Plumbing Official shall then refuse to issue any more permits until such work has fully complied with the rules and regulations of this code and shall revoke the registration of such person, firm or corporation. The Plumbing Official may appear before the Wicomico County Plumbing Board and advise that all licenses and/or registrations have been revoked because of continuous violations. When the revocation of any such license and/or registration is to be considered at any meeting, the person, firm, company, association or corporation to whom the license and/or registration has been issued shall have at least three days' notice, in writing, of the time and place of such meeting, together with a statement of the grounds upon which it is proposed to revoke such license and/or registration.
E. 
Before any person, firm or corporation shall engage in the business of plumbing within the county, he, it or they shall first obtain the proper license and show proof to the Wicomico County Plumbing Official of the $300,000 worth of general liability insurance, as required by the Maryland State Plumbing Board. Those persons, firms or corporations engaged in the practice of installing water conditioning equipment shall first obtain the proper license and show proof to the Wicomico County Plumbing Official of the bond and general liability insurance required by state law. Groundwater heat pump installers and on-site waste disposal installers must obtain a proper license and shall show proof to the Wicomico County Plumbing Official of general liability insurance.
[Amended 2-14-1994 by Bill No. 1994-2; 4-4-2006 by Bill No. 2006-5]
F. 
Allowing one's name, license or bond to be used to obtain a permit fraudulently. No person, firm or corporation engaged in the business of plumbing shall allow his, its or their names to be used by any other person, firm or corporation, directly or indirectly, to obtain a permit or for the construction of any work under his, its or their names, license or bond, nor shall he, it or they make any misrepresentations or omission in his, its or their returns.
When, in the opinion of the Plumbing Official, there is actual and immediate danger of contamination or sanitation hazard which would endanger life, the Plumbing Official hereby is authorized and empowered to order and require the occupants to vacate a structure forthwith. It shall cause to be posted at each entrance to such structure a notice reading as follows: "THIS STRUCTURE IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE PLUMBING OFFICIAL." It shall be unlawful for any person to enter such structure except for the purpose of making the required repairs or removal.