Borough of Trappe, PA Article II Plumbing Code

[Adopted 10-7-1997 by Ord. No. 329 (Part 6, Ch. 1, Art. E, of the 1987 Code)]

§ 135-5 Adoption of Plumbing Code.

A. International Plumbing Code. For the purposes of: 1) regulating and controlling the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, additions to, use or maintenance of all plumbing systems in the Borough of Trappe; 2) governing certain conditions hazardous to health, life and property by reason thereof; 3) relating to water supply and distribution, sewage and sewage disposal and drains (including storm drains and similar and related items); 4) providing for administrative, procedural, organizational and enforcement matters; and 5) providing for the issuance of permits and collection of fees therefor, the Borough adopts the 1997 Edition of the International Plumbing Code, published by the International Code Conference, Inc.; the Building Officials and Code Administrators International, Inc.; the International Conference of Building Officials; and the Southern Building Code Congress International, Inc. Copies of that code have been placed on file with the Borough Secretary and will remain on file with her. That entire Plumbing Code, as affected by the deletion, amendment or modification of certain portions of that code in the following sections of this article, is adopted and is incorporated herein as fully as if set out verbatim in this article, and, from the date on which this Ordinance No. 329 takes effect, the provisions of that Plumbing Code, as so amended, shall be in effect within the limits of the Borough of Trappe. In this article, the said International Plumbing Code may be referred to as "the code" or "this code."

B. Amendments and changes in the published Plumbing Code. All amendments, changes, additions and deletions in the published 1997 Edition of the said International Plumbing Code referred to in Subsection A of this section, as made by the publishers of the code and transmitted to the Borough, prior to the publication of a new edition of the code, shall be considered as part of this article and effective in the Borough, provided that copies of the publishers' changes and modifications are kept on file in the office of the Borough Secretary, preferably with notations of those changes made by the Plumbing Official of the Borough in the proper and pertinent places in the file copies of the published plumbing code referred to in Subsection A of this section. When any complete new edition of the published code becomes available to the Borough in place of the 1997 or later edition, that newer edition may be adopted by the Borough to support the edition then current, either by a new ordinance or by an amendment of Ordinance No. 329 serving to adopt the new edition and to make necessary or desired changes in material contained in § 135-6 of this article.

§ 135-6 Modifications made in international Plumbing Code.

The code is amended and modified in the following respects:

A. Wherever the words "name of jurisdiction" appear in brackets in the code, the words "Borough of Trappe" shall be inserted in place of those bracketed words. Likewise, the words "Borough of Trappe" shall be substituted for the word "jurisdiction" where the latter word appears singly in the code without being preceded by the words "under the."

B. The term "chief appointing authority of the jurisdiction" and the term "chief authority of the jurisdiction," as used in the code, shall mean the Borough Council.

C. The term "legal counsel of the jurisdiction" and the term "legal officer of the jurisdiction" shall mean the Borough Solicitor.

D. The term "Code Official," as used in the code, shall mean and refer to the person designated elsewhere in this article as the Plumbing Official, or an authorized representative of the Plumbing Official acting for him under this Plumbing Code. Provided that, at the discretion of Borough Council, the individual serving as "Code Official" under the Borough's Building Code may be appointed to serve as Plumbing Official under this article. (See also Subsection I of this § 135-6.)

E. The term "department" and the term "department of plumbing inspection," as used in the code, shall mean and refer to the office of the Plumbing Official in his official capacity under this code and any of his subordinates in the performance of functions under this code.

F. Section 101.1 of the code is amended to read as follows:

"101.1 Title: These regulations shall be known as the Plumbing Code of the Borough of Trappe, hereinafter referred to as "the code" or "this code."

G. Section 101.4 of the code is amended to read as follows:

"101.4 Severability: If any section, paragraph, sentence, clause or word of this code or of the ordinance adopting this code is declared to be unconstitutional, illegal or invalid, that decision shall not affect the validity of any of the remaining provisions of the code or of the ordinance adopting the code. It is declared as a legislative intent that the said code and ordinance would have been adopted had such unconstitutional, illegal or invalid provision not been included therein."

H. The following new section is added directly after Section 102.9 of the code:

"102.10 Validity of other laws, regulations and ordinances: Nothing in this code shall be construed to prevent the enforcement of other laws, state regulations and ordinances of this Borough which prescribe more restrictive or stricter requirements or limitations on any subject covered in this code. When any provision specified in the code pertaining to health, safety and/or welfare is more restrictive than any such other provisions, this code shall control, but in any case, the most rigid requirements of either this code or other laws, regulations or ordinances shall apply wherever they may be in conflict."

I. Section 103.2 of the code is amended to read as follows:

"103.2 Appointment of Plumbing Official; qualifications and tenure: The Plumbing Official shall be appointed by Borough Council and shall serve at the pleasure of Council. The requirements for eligibility for appointment as Plumbing Official shall be determined by Borough Council through oral and/or written examinations, interviews or such other means as deemed appropriate by Council. As determined by Council, and from time to time, an individual appointed to and holding another Borough appointment may be designated Plumbing Official under this code as well. Furthermore, the Plumbing Official under this code may be designated by Council, or by a specific ordinance, to concurrently hold a comparable office or position, often designated as "Code Official" or "Building Official" under one or more other codes or ordinances in effect in the Borough. During the temporary absence or disability of the Plumbing Official, Council shall designate an acting Plumbing Official."

J. Section 103.4 of the code is amended to read as follows:

"103.4 Restriction of employees: An official or employee connected with the enforcement of this code shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a structure where work is to be done under this code, or the preparation of construction documents thereof, unless that person is the owner of the structure, nor shall that officer or employee engage in any work that conflicts with official duties or with the interests of the office of Plumbing Official."

K. Section 104.2 of the code, dealing with rule-making authority, is amended by adding the following sentence at the end thereof: "Furthermore, Borough Council shall have authority, at its discretion, to abrogate any such rule or regulation, or part thereof, in which case that rule or regulation or part thereof shall cease to be in effect in the Borough."

L. Section 105.1 of the code is amended to read as follows:

"105.1 Modifications: Whenever there are practical difficulties involved in carrying out any provision of this code, and upon application in writing by an owner of the property involved or his representative (which application shall be kept on file in the office of the Borough Secretary), the Plumbing Official shall have power to authorize modifications of specific provisions and requirements of this code. Such modifications may involve alternative methods or materials or other types of modifications. Such authorization shall be granted where there are practical difficulties in the way of carrying out the strict letter of the code, providing that the spirit of the code is observed, public safety secured and substantial justice done. The particulars of every such modification, when granted or allowed, and the decision of the Plumbing Official on the matter shall be submitted to Council and kept on file with the Borough Secretary, and a signed copy shall be furnished to the applicant."

M. Section 106.1 of the code is amended to read as follows:

	"106.1 Permit required:
	"1.	No plumbing work shall be commenced until a permit for the work has been issued by the Borough Secretary following authorization by the Plumbing Official. Provided, however: A permit is not required for repairs that involve only the working parts of a faucet or valve, the clearance of stoppages, or the repairing or replacement of defective faucets or valves, provided that alterations are not made in existing piping or fixtures.
	"2.	Permits are issued only to master or registered plumbers in all cases except the following:
		"(a)	Any permit required by this code may be issued to any person to do work required or regulated by this code on property used exclusively for living purposes, including the usual accessory buildings and quarters in connection with that building, provided that such person is the bona fide owner of that dwelling, and that the owner shall personally purchase all material and perform all labor in connection with work authorized by the permit. Provided, however, such plumbing work shall be inspected by the Plumbing Official, as is the case with other permits under this ordinance."
		"(b)	Institutions and manufacturing plants that employ qualified maintenance crews and which designate one individual who shall be selected to function in lieu of the Master Plumber and shall be responsible for securing permits, supervising the work, and paying fees provided in Section 106.5.2."

N. Section 106.3 of the code is amended to read as follows:

"Application for permit: Application for a permit shall be made to the Borough Secretary on forms provided by the Secretary and shall be accompanied by an adequate description of the proposed plumbing work and its location and the required fee as prescribed in Section 106.5.2. The application shall be signed by the owner of the property or an authorized agent and shall indicate the proposed occupancy of all parts of the building and of that portion of the site or lot, if any, not covered by the building or structure and any other information required by the Plumbing Official."

O. Section 106.4 of the code is amended to read as follows:

	"106.4 Action on application:
	"1.	The Plumbing Official shall examine or cause to be examined every application for a permit, and amendments thereto, and, within 15 days after the filing of the application, shall either approve or reject the application. If the application or the construction documents do not conform to the requirements of this code and all pertinent laws and ordinances, he shall reject that application in writing, stating the reasons for rejection. If he is satisfied that the proposed work will conform to the requirements of this code and all laws and ordinances applicable thereto, he shall issue a permit as soon as practicable.
	"2.	If a permit is denied, the applicant may submit revised construction documents without payment of any additional fee.
	"3.	If in the course of the work it is found necessary to make any changes from the application and construction documents on which a permit has been issued, an amended application and/or construction documents shall be submitted and a supplemental permit, subject to the same conditions applicable to the original application for permit, shall be issued to cover this change.
	"4.	A plumbing permit shall not be transferable."

P. Section 106.5.2 of the code is amended to insert the fee schedule at the end of the section prior to enactment of this article, as follows:

		"106.5.2 Fee schedule: The fees for all plumbing work, as set from time to time by resolution of Council, shall be as indicated in the current fee schedule on file in the Borough offices.[1]
	Note:	When more than one building classification is incorporated within the plumbing permit, the higher permit fee shall govern.
		Failure to obtain the necessary permits will result in a penalty of not less than $10 and not exceeding $50 for each day that work continues without a permit."

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Q. Section 106.5.3 is amended to insert the desired percentages in the blanks shown in Items "2" and "3."

	"106.5.3 Fee refunds: The Plumbing Official shall authorize the refunding of fees as follows:
	"1.	The full amount of any fee paid hereunder which was erroneously paid or collected.
	"2.	Not more than 75% of the permit fee paid when no work has been done under a permit issued in accordance with this code.
	"3.	Not more than 75% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.
	"The Plumbing Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment."

R. The first paragraph of Section 107.1 of the code is amended to read as follows, and the three subparagraphs 1, 2, and 3, shall be retained without change:

"107.1 Required inspections and testing: The Plumbing Official shall conduct inspections during and upon completion of the work for which a permit is issued. A record of all such examinations and inspections and of all violations of this code shall be maintained by the Plumbing Official. In order to facilitate the making of inspections, every person to whom a permit is issued under this code, or his agents, shall notify the Plumbing Official that work is to commence under the permit within 24 hours prior to the commencement of that work."

S. Section 108.2 of the code is amended to read as follows:

"108.2 Notice of violation: The Plumbing Official shall serve a notice of violation or order to the person responsible for the erection, installation, alteration, extension, repair, removal or demolition of plumbing work in violation of any provision of this code, or in violation of a detailed statement or the approved construction documents thereunder, or in violation of a permit or certificate issued under this code. The notice of a violation or order shall direct the discontinuance of the illegal action or condition and the abatement of the violation and shall allow a reasonable time for the initiation and correction or the remedial action required, except where emergency conditions exist which require immediate corrective action."

T. Section 108.3 of the code is amended to read as follows:

"108.3 Prosecution of violation: If the notice of violation is not complied with within the time stated in the notice, the Plumbing Official shall request the Borough Solicitor to institute the appropriate proceeding by law or in equity to restrain, correct or abate the violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of this code or of the order or direction made pursuant thereto."

U. Section 108.4 of the code is amended to read as follows:

"108.4 Violation penalties: Any person who violates any provision of this code or who fails to comply with any requirement of this code or who erects, installs, alters or repairs plumbing work in violation of the approved construction documents, or of a permit or certificate issued under the provisions of this code, shall be guilty of an offense; and for every such offense shall, upon conviction, be sentenced to pay a fine of not less than $50 or more than $1,000 and costs of prosecution; and in default of payment of fine and costs, to undergo imprisonment for not more than 30 days. Provided: The imposition of one penalty for any such violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy every such violation or defect within a reasonable time, and when not otherwise specified, each 10 days that such prohibited conditions are maintained shall constitute a separate offense."

V. Section 108.5 of the code is amended to read as follows:

"108.5 Stop-work orders: Upon notice from the Plumbing Official, work on any plumbing system that is being done contrary to the provisions of this code or is being done in a dangerous or unsafe manner shall immediately cease. That notice shall be in writing and shall be given to the owner of the property or to the owner's agent or to the person doing the work. The notice shall state the conditions under which work is authorized to be resumed. Where an emergency exists, the Plumbing Official shall not be required to give a written notice prior to stopping the work. Any person who continues any work in or about a structure after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a fine of not less than $200 or more than $1,000, and costs, and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days."

W. Section 109 of the code, Means of Appeal, and all provisions within that section, being Sections 109.1 through 109.7, and various subordinate provisions within Sections 109.1 through 109.6, are deleted.

X. Section 305.6 of the code is amended to read as follows:

"305.6 Freezing: A water, soil or waste pipe shall not be installed outside of a building, in attics or crawl spaces, concealed in outside walls or in any place subjected to freezing temperature, unless adequate provision is made to protect them from freezing by insulation or heat or both. Water service piping shall be installed below recorded frost penetration but not less than three feet below grade."

Y. Section 305.6.1 of the code is amended to read as follows:

"305.6.1 Sewer depth: Building sewers that connect to private sewage disposal systems and laterals shall be a minimum of 30 inches below finished grade at the point of septic tank connection or connection to the public sewer line. Building sewers shall have a minimum of 30 inches depth below grade."

Z. Section 309 of the code, comprising Sections 309.1 and 309.2, dealing with floodproofing, shall be enforced along with the Borough's Flood Damage Control Regulations contained in Ordinance 221-A (Chapter 173 of the Borough's Code), with stricter provisions to be applied where there is conflict, and more specific or detailed provisions to be adhered to as against generalized provisions.

AA. References to "Individual Water Supply" in Section 602 of the code shall be deleted, and in place of those provisions, the Borough incorporates by reference the rules and regulations of the Pennsylvania Department of Environmental Protection pertaining to individual water supply.

BB. Section 701.2 of the code is amended to read as follows:

"702.2 Sewer required: Every building in which plumbing fixtures are installed and every premises having drainage piping shall be connected to a public sewer, where available, or an approved private sewage disposal system. A public sewer shall be considered available to a structure where the structure is located within 150 feet of the public sewer line."

CC. Section 904.1 of the code is amended to insert the desired numbers of inches and millimeters:

"904.1 Roof extension: All open vent pipes that extend through a roof shall be terminated at least 12 inches above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least seven feet above the roof."

§ 135-7 Interpretation.

In interpreting any of the provisions of the code hereby adopted, the following principles shall be governing:

A. The said code shall not supersede any provision of any law of the Commonwealth of Pennsylvania or of any regulation promulgated by any department or agency of the commonwealth by authority of law where such law or regulation is in conflict with or identical to a provision of the said code; provided, however, that any provision of the said code that is stricter than or in addition to any state law or regulation governing a particular subject or activity shall be in effect and shall be enforced within the Borough of Trappe, subject to the penalties prescribed in the code.

B. Mention in or regulation by the code hereby adopted of any specific use of property or of any business or industry shall not in itself authorize such use of property or the establishment or carrying on of any such business or industry in the Borough. It is hereby declared that the intent of the Borough Council is that permitted and prohibited uses of property in the Borough shall be governed by the Borough's Zoning Ordinance, its amendments and supplements.

§ 135-8 Saving clause.

Nothing in this article or in the Plumbing Code adopted by Ordinance No. 329 shall be construed to affect any suit or proceeding pending in any court, or any rights acquired or liability incurred, or any cause or causes of action accrued or existing, under any prior ordinance wholly or partially repealed or superseded by this article, nor shall any legal right or remedy of any character be lost, impaired or affected by this article.