Borough of Collegeville, PA Plumbing

Editor's Note: See now 8 Pa.C.S.A. § 32A01 et seq.

Editor's Note: Original Section 6-1156, which immediately followed this section, was repealed 5-16-1990 by Ord. No. 374.

[Amended 5-3-2001 by Ord. No. 478]

The code is amended and modified in the following respects:

(1)

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

(2)

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.

(3)

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

(4)

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/her under this Plumbing Code. Provided, at the discretion of Borough Council, the individual serving as "Building Official" under the Borough's building code may be appointed to serve as Plumbing Official under this article. [See also Subsection A(9) of this section.]

(5)

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/her official capacity under this code, and any of his/her subordinates in the performance of functions under this code.

(6)

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 Collegeville," hereinafter referred to as "the code" or "this code."

(7)

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."

(8)

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."

(9)

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."

(10)

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."

(11)

Section 104.1 of the code is amended to read as follows:

"104.1 General:
(a)	The Plumbing Official shall administer and enforce all provisions of this code, and shall have authority to take whatever action is deemed reasonably necessary to enforce the provisions of this code. He/she shall act on any question relative to the installation, alteration, repair, maintenance or operation of all plumbing systems, devices and equipment, except as otherwise specifically provided for in Sections 104.2 through 104.8.
(b)	Any person aggrieved by an order or decision of the Plumbing Official under this code may appeal from that order or decision to the Board of Appeals established under Subsection 24 of this section. The appeal shall be filed with the Borough, in writing, within 10 days of the order or decision of the Plumbing Official referred to in this code."

(12)

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."

(13)

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."

(14)

The title of Section 106 of the code shall be amended to read as follows:

"SECTION 106

PERMITS AND LICENSES"

(15)

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 article.
	(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."

(16)

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."

(17)

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/she shall reject that application in writing, stating the reasons for rejection. If he/she is satisfied that the proposed work will conform to the requirements of this code and all laws and ordinances applicable thereto, he/she 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 unless approved by Borough Council and the Plumbing Official."

(18)

Section 106.5.2 of the code, "Fee Schedule," is deleted.

(19)

Section 106.5.3 of the code, "Fee Refunds," is deleted.

(20)

The following two new sections are added directly after Section 106.6:

"106.7 Plumbers' qualifications and examinations:
1.	Every application for a Master Plumber's Certificate or Journeyman Plumber's Certificate shall submit to an examination as to his qualifications at such time and place as the Plumbing Official may direct, except that:
	(a)	All master plumbers duly registered and licensed, having a bona fide place of business in this Borough at the time of passage of this ordinance shall not be required to undergo an examination, and they shall be entitled to register for the current year and annually thereafter before the 31st day of December of each year.
	(b)	All master plumbers who do not have a bona fide place of business in the Borough and who desire to engage in the business of plumbing and/or building drainage in the Borough shall apply to the Plumbing Official for registration. If any such master plumber is duly registered and licensed in any municipality approved by the Plumbing Official, he/she will be entitled to be registered without undergoing an examination.
	(c)	All journeyman plumbers duly registered and licensed as such shall not be required to undergo an examination to work in this Borough, and they shall be entitled to register for the current year and annually thereafter before the 31st day of December of each year.
	(d)	All journeyman plumbers who are not registered as such in this Borough, who desire to become journeyman plumbers in the Borough, shall apply to the Plumbing Official for registration. If any such journeyman plumber is duly registered and licensed in any municipality approved by the Plumbing Official, he/she will be entitled to be registered without undergoing an examination.
2.	The examination shall be in writing unless the Board shall otherwise direct as hereinafter provided. Such examination shall be designed to test the applicant's knowledge of proper construction or practical plumbing, ventilating and drainage work; and the proper and safe methods of supplying water to buildings and of removing water and sewage therefrom.
3.	The applicant shall be required to demonstrate his ability to comprehend and interpret the plans and drawings shown in the arrangement of plumbing fixtures, etc.
4.	He/she shall be expected to be familiar with the provisions of this Plumbing Code, ordinances and regulations dealing with health and sanitation, water supply, and sanitary sewers, and the statutes, rules and regulations of the Commonwealth of Pennsylvania applicable to plumbing."
106.8 of the code, "Plumbers' fees," is deleted."

(21)

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."

(22)

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."

(23)

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."

(24)

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."

(25)

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."

(26)

Section 109 of the code, "Means of Appeal," and its subsections, Sections 109.1 through 109.7, are deleted, and the following new Section 109 is substituted for that deleted material.

"SECTION 109
MEANS OF APPEAL
109.1 Right of appeal: Any person shall have the right to appeal a decision of the Plumbing Official to the Board of Plumbing Appeals. An application for appeal shall be based on a claim that the true intent of this code or of any rule legally adopted thereunder has been incorrectly interpreted, the provisions of the code do not apply, or an equally good or better form of construction is proposed.
109.2 Board of Appeals:
1.	There is hereby created a Board of Plumbing Appeals consisting of three members of Council. One member shall be appointed for one year; one member shall be appointed for two years; and one member shall be appointed for three years. Annually thereafter in the month of January, a member of the Board of Plumbing Appeals shall be appointed for a term of three years, which term shall commence on the first day of January and terminate on the 31st day of December, three years thereafter. An appointment to fill a vacancy shall be for the unexpired portion of the term only. Provided: Since the purpose of the above-stated appointments shall be to establish overlapping rather than coinciding terms of office, if the said board has already been established when this ordinance takes effect, the individuals now in office shall be entitled to complete their present terms just as if the ordinance had not been enacted, with appointments to fill vacancies to be made for the unexpired portion of the term for which their appointment had been made.
2.	The powers, duties and responsibilities of the Board of Plumbing Appeals shall be as follows:
	(a)	To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Plumbing Official in the enforcement of this ordinance.
	(b)	To reverse or affirm, wholly or in part, or modify, the order, requirement, decision or determination appealed from; to make such order, requirement, decision or determination as ought to be made; and, to that end, to exercise all the powers of the Plumbing Official.
	(c)	To adopt rules of procedure in accordance with the several provisions of this ordinance as to matters of filing appeals.
3.	Appeals from any decision of the Plumbing Official may be made to the Board of Plumbing Appeals by any person aggrieved, or by any officer, department, board or bureau of the Borough affected by any decision of the Plumbing Official.
109.3 Records: The Borough Secretary shall serve as secretary of the Board of Appeals and, in the absence of the Secretary, the Assistant Secretary shall so serve. The minutes of each meeting of Council, serving as a Board of Appeals, shall clearly state the basis for each decision made by the Board."

(27)

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 two feet 10 inches below grade for water piping and two feet 10 inches below grade for sewers."

(28)

Section 305.6.1 of the code is amended to insert the desired minimum inches in the blanks:

"305.6.1 Sewer death: Building sewers shall be a minimum of 30 inches below grade. No on-lot private sewers shall be permitted within the Borough."

(29)

Section 309 of the code, comprising Sections 309.1 and 309.2, dealing with floodproofing, shall be enforced along with the Borough's damage control regulations (Ordinance No. 295, as amended)[1] with stricter provisions to be applied where there is conflict, and more specific or detailed provisions to be adhered to as against generalized provisions.

[1]

Editor's Note: See Ch. 345, Flood Damage Prevention.

(30)

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.

(31)

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

"Section 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."