[HISTORY: Adopted by the Village Board of the Village of Mount Horeb. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
PLUMBING
(1) 
As defined in § 145.01(10), Wis. Stats.
(2) 
The construction, connection to or alteration of any drain, soil or waste pipe to carry domestic sewage, stormwater or industrial waste from a point three feet outside of the foundation walls of any building to the sewer lateral at the curb or other disposal terminal, including the private sewage disposal or treatment plant. This definition does not include minor repairs to faucets and the removal of stoppages in soil or waste pipes.
[Amended 5-5-2021 by Ord. No. 2021-06]
The provisions of Chs. SPS 381 to 387, Wis. Adm. Code, relating to plumbing and plumbers, promulgated by the State Department of Safety and Professional Services, are hereby adopted and made a part of this chapter and shall apply to all plumbing, drainage and drain laying in the Village. The following Chapters of the Wisconsin Administrative Code, as well as all subsequent revisions, are adopted by the Municipality and will be enforced by the Plumbing Inspector.
Ch. SPS 305
Credentials
Chs. SPS 320 through 325
Uniform Dwelling Code
Ch. SPS 327
Campgrounds
Chs. SPS 361 through 366
Commercial Building Code
Chs. SPS 375 through -379
Buildings Constructed Prior to 1914
Chs. SPS 381 through 387
Uniform Plumbing Code
[Amended 5-5-2021 by Ord. No. 2021-06]
(1) 
Appointment. The Inspector is appointed by the municipality. The Inspector will be certified for inspection purposes by the Department of Safety and Professional Services in the required categories specific under Ch. SPS 305, Wisconsin Administrative Code.
(a) 
Assistants. The Inspector may employ, assign, or appoint, as necessary, assistant inspectors. Any assistant hired to inspect will be certified as defined in Ch. SPS 305, Wisconsin Administrative Code by the Department of Safety and Professional Services.
(b) 
Duties. The Inspector will administer and enforce all provisions of Village Code. The Inspector will provide forms for applications, permits and other reports and perform duties as provided for in § 145.05(1), Wis. Stats.
(2) 
Powers. The Inspector or an authorized certified agent of the Inspector may, at all reasonable hours, enter any public or private premises for inspection purposes. No person will interfere with or refuse to permit access to any premises by the Inspector or his agent while in the performance of his duties. In the event the Inspector or his agent is refused access to any premises, the Inspector is authorized to apply for a special inspection warrant pursuant to § 66. 0119, Wis. Stats. Nothing in this section will prevent a police officer, firefighter, or other public employee or official to enter premises and/or property in an emergency situation when authorized to do so by law.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(1) 
Withholding permits. The Inspector is authorized to withhold approval of an application for a plumbing permit to any person who has not complied with a lawful order of the Inspector. The person refused a permit may appeal within 10 days to the Village Board. The Village Board shall take action at their next scheduled meeting to either uphold or reverse the Inspector’s decision.
(2) 
Inspection of plumbing work. The plumber in charge shall notify the Inspector whenever any work is ready for inspection. All plumbing work shall be left exposed until the Inspector has completed his inspection. When, in the opinion of the Inspector, a test is necessary, he may require a water or air test on any part or the entire installation.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(1) 
Permit required. No plumbing shall be installed in the Village without first filing an application and receiving a permit. See § 13.05 for service located outside the Village limits. Only licensed master plumbers may receive permits, with the exception that a permit may be issued to a property owner to install plumbing in a single-family residence which is owned and occupied by such owner as his home.
(2) 
Permit and inspection fees. All required fees shall be paid to the Building Department with the permit application or prior to the start of the project. Plumbing permit and inspection fees are established by Village Board resolution and provided in the Village Fee Schedule.
A street opening permit shall be applied for and received under Chapter 8 of this Municipal Code before excavating in any street, alley or other public way to repair, alter or install plumbing, and the applicant shall furnish a bond and comply with all regulations provided in Chapter 8 of this Municipal Code.
[Amended 8-4-2021 by Ord. No. 2021-08; 2-2-2022 by Ord. No. 2021-10]
(1) 
Handling water mains and services in sewer or other trenches. Where excavating machines are used in digging, all water mains shall be protected at the expense of the contractor. Contractors shall ascertain for themselves the existence and location of all water mains and service pipes. Where water service pipes are removed, cut or damaged during construction, the contractor shall, at his own expense, replace or repair at once and shall not shut off the water service pipes from any consumer for a period exceeding six hours unless prior approval is received.
(2) 
Settling mains or service trenches. Trenches in streets shall be refilled with suitable granular fill material and compacted in lifts not to exceed nine inches in thickness prior to compaction. Each layer of the spread and leveled material shall be compacted, by means of suitable compaction equipment, to not less than 95% of maximum density before the succeeding layer is placed.
(3) 
Laying water service pipes. Plumbers shall not connect two water services to one tap. Each building shall have one separate tap and water service pipe laid not less than six feet below the surface after the street is brought to grade. If unable to attain the six foot bury mark, two inches of insulation will be used to cover water and sewer pipes. Each water service shall be provided with a stopcock and metal extension box outside of the premises connected with the same. Supply pipes shall not be laid across and connected to adjoining premises, whether owned by the same or different parties.
(a) 
Every water service pipe where it enters a basement shall be furnished with a stop and waste cock positioned below the frostline so the water can be completely shut off and drained from the pipes to prevent freezing.
(b) 
All services will be Copper Class K or ductile and arch-style curb box with rod. Vacuum breakers are required and jumpers are not permitted.
(c) 
Duplex lots that have one water service that is split with curb stops are maintained by the home owner. The Water Utility is permitted access for plumbing purposes to one side of the duplex or for nonpayment disconnection or plumbing purposes. Any repairs made to the connection will be by a certified plumber and at the expense of the homeowner.
(4) 
Turning on water. Water may not be turned on for a consumer except by an authorized employee of the Water Utility. After the plumber has completed a job, he shall leave the water turned off unless prior permission is received from the Water Utility. This provision shall not prevent the testing of plumbing or drainlaying work.
(5) 
Open trenches. Open trenches shall be enclosed with sufficient barriers. Warning lights shall be maintained at night.
[Added 1-5-2022 by Ord. No. 2022-01]
(1) 
Purpose. The Common Council of the Village of Mount Horeb finds that it is in the public interest for the water utility to maintain a comprehensive program for the removal and replacement of lead pipe water service lines in use or that may be used in the Village of Mount Horeb and connected to the public water utility's distribution system. This section sets forth the program requirements and declares the purposes of the section to be as follows:
(a) 
To ensure that the water quality at every tap meets the water quality standards specified under the federal Safe Drinking Water Act[1]; and
[1]
Editor's Note: See 42 U.S.C. § 300f et seq.
(b) 
To reduce the lead in drinking water to meet U.S. Environmental Protection Agency (EPA) standards and ideally to a lead contaminant level of zero, as possible; and
(c) 
To meet the Wisconsin Department of Natural Resources (WDNR) requirements for local compliance with the federal EPA Lead and Copper Rule; and
(d) 
To not unnecessarily add chemical treatment to the water supply to meet EPA standards and meet WDNR requirements; and
(e) 
To effect the replacement of lead and galvanized service lines.
(2) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
LEAD AND COPPER RULE
The rule created by the EPA and adopted by the WDNR in response to the passage of the Safe Drinking Water Act, which provides maximum contaminant level goals and national primary drinking water regulations (NPDWR) for controlling lead and copper in drinking water. NPDWR regarding approved treatment techniques include corrosion control treatment, source water treatment, lead service line replacement and public education. The rule may be found in 56 FR 26460, 40 CFR 141.80 through 141.90, and §§ NR 809.541 through NR 809.55, Wis. Adm. Code.
LICENSED PLUMBER
A person, firm, corporation or other entity licensed to perform plumbing work in the Village by the State of Wisconsin.
PRIVATE-SIDE WATER SERVICE LINE
The water conduit pipe running from the utilities' meter inside the customer's/property owner's property to the water utility's curb stop, which is the shutoff valve.
PROPERTY
Any possessory interest, legal or equitable, in real property, including an estate, trust, or lien, and any buildings, structures and improvements thereon.
PUBLIC-SIDE WATER SERVICE LINE
The water conduit pipe running from the water utility's water main to the water utility's curb stop, which is the shutoff valve.
WATER UTILITY
The Village of Mount Horeb public water utility system, also known as "Mount Horeb Utilities."
(3) 
Authorization. This section is enacted pursuant to §§ 62.11(5) and 281.12(5), Wis. Stats.
(4) 
Public nuisance. Lead and galvanized private-side water service lines are a public nuisance and are subject to abatement in accordance with Chapter 15 of this Code.
(5) 
Inspection.
(a) 
The utilities superintendent, or such person as may be directed by the superintendent, may inspect, or arrange for an inspection of, property served by the public water system to identify the type of material of the private-side water service line. The inspection is to determine whether the service line is lead, copper, cast iron, galvanized steel, plastic or other material.
(b) 
Property owners may opt, at their own expense, to have the inspection completed by a State of Wisconsin licensed plumber. If this option is exercised by the property owner, the water utility shall be notified and shall receive an inspection report completed by the property owner's selected State of Wisconsin licensed plumber within 15 days of the notice of required inspection.
(6) 
Right of entry. Upon presentation of credentials, the utilities superintendent, or such person as may be directed by the superintendent, may request entry, at any reasonable time, to a property served by a connection to the public water system for the purpose of inspecting the private-side water service line. If entry is refused, a special inspection warrant under § 66.0119, Wis. Stats., shall be obtained.
(7) 
Provision of requested information. The utilities superintendent may request an owner, lessee, or occupant of property served by a connection to the public water system to furnish the water utility with information regarding the piping systems on the property upon request, including age, condition, material, location, and functional status. If this information is not provided, a special inspection warrant under § 66.0119, Wis. Stats., shall be obtained.
(8) 
Lead or galvanized service line replacement.
(a) 
Annually, the utilities superintendent shall create a list of all lead or galvanized private-side water service lines to be replaced during that calendar year and a replacement project time line. These service lines shall be selected based on factors to include water main replacement projects, available funding for public-side water service lines, regulatory requirements, and the removal of public nuisances as specified in Section 15.08(4).
(b) 
Owners, managers or persons otherwise exercising control over properties connected to the public water system with lead or galvanized private-side water service lines in use shall replace the lead or galvanized private-side water service lines as follows:
1. 
Where the water utility is replacing the lead public-side water service line and the private-side water service line is lead or galvanized, the water utility will personally serve abatement orders requiring replacement of the lead or galvanized water services lines, pursuant to Section 15.08(4) of this Code, on affected property owners at least 30 days prior to the date their lead or galvanized private-side water service line must be replaced. Where the public side of the water service line is copper and the private-side water service line is lead or galvanized, the water utility will personally serve abatement orders requiring replacement of the lead or galvanized water services lines, pursuant to Section 15.08(4) of this Code, on affected property owners at least 90 days prior to the date their lead or galvanized private-side water service line must be replaced.
2. 
If an owner fails or refuses to replace a lead or galvanized water service line within the time specified in an abatement order, the water utility will enter the premises and replace the water service line.
3. 
Any person affected by an abatement order shall, before the abatement deadline in an order, apply to the Circuit Court for an order restraining the water utility from replacing the water service line or be forever barred from challenging the validity of the order, the replacement of the water service line, or the obligation to pay the cost of replacement.
(c) 
All private-side water service line replacements shall be plumbed to ensure proper access to the water meter. Plumbing shall meet requirements set forth in Section 15.08.
(9) 
Replacement costs. All costs resulting from the private-side water service line replacement shall be borne by the property owner.
(a) 
Assessment. Any work done by the water utility or under their direction to complete the private-side water service line replacement shall be charged against the property as a special assessment authorized by § 66.0627, Wis. Stats., and in keeping with Sections 2-646—2-654.[2]
1. 
Terms. Property owners may select the terms of the special assessment. If terms are not selected by the property owner, the term will default to the five-year term.
a. 
Five-year special assessment terms shall be at 0% interest.
b. 
Ten-year special assessment terms shall be at the prime interest.
c. 
Twenty-year special assessment terms shall be prime interest rate plus 1%.
[2]
Editor's Note: So in original.
(b) 
Grants. In the event that the water utility receives third-party funding designated to be used for the replacement of private-side water service line replacement, the utility shall use such funding to equitably cover costs associated with private-side water service line replacements completed during that calendar year, unless otherwise specified by the provisions of the funding.
1. 
All rules and provisions of any such funding shall be followed by the water utility.
2. 
If a property owner has elected to use a State of Wisconsin licensed plumber to replace their privately owned lead service line outside of any program administered by the water utility, the property owner forfeits any claim to grant funding should their chosen plumber not follow all rules and provisions set forth by the third-party funding source.
[Amended 5-5-2021 by Ord. No. 2021-06]
(1) 
Except as otherwise provided in this chapter, the penalty for violation of this chapter is provided in § 25.04 of this Municipal Code.
(2) 
Violations discovered by the Inspector will be corrected within 30 days, or more if allowed by the Inspector, after written notice is given. Violations involving safety issues will be corrected in a reasonable time frame established by the Inspector.
(3) 
Compliance with the requirements of this chapter is necessary to promote the safety, health, and well-being of the community, and owners, occupants and visitors of buildings. Violations of this chapter constitute a public nuisance that may be enjoined in a civil action.