[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:
As defined in § 145.01(10), Wis. Stats.
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:
(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)
LEAD AND COPPER RULE
LICENSED PLUMBER
PRIVATE-SIDE WATER SERVICE LINE
PROPERTY
PUBLIC-SIDE WATER SERVICE LINE
WATER UTILITY
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
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.
A person, firm, corporation or other entity licensed to perform
plumbing work in the Village by the State of Wisconsin.
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.
Any possessory interest, legal or equitable, in real property,
including an estate, trust, or lien, and any buildings, structures
and improvements thereon.
The water conduit pipe running from the water utility's water
main to the water utility's curb stop, which is the shutoff valve.
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.
(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.
[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.
