[Ord. No. 2017-1239 § 1, 8-21-2017]
The Council adopts the 2015 Edition of the International Plumbing
Code, including Appendixes A and B (as amended), one (1) copy of which
has been on file with the Town Clerk for a period of ninety (90) days
prior to the adoption of this Article (as amended), by reference as
if fully set forth in its entirety. At least one (1) copy of the 2015
Edition of the International Plumbing Code shall remain on file in
the office of the Town Clerk and shall be kept available for public
use, inspection, and examination.
[Ord. No. 2017-1239 § 2, 8-21-2017]
A. The code adopted by this Article is hereby amended by substituting
the following sections in lieu of those sections with corresponding
numbers in the code, or, where there is no corresponding section in
the code, the following sections shall be enacted as additions to
the code:
1.
Section 101.1 is amended to read as follows:
101.1 Title. These regulations shall be known as
the "Plumbing Code of Carrollton, Missouri," hereinafter referred
to as "this code."
2.
Section 101.5 is amended to read
as follows:
101.5 License Required.
(a)
No individual shall engage in the business of plumbing in the
Town of Carrollton unless licensed as a plumber by the Town or by
some other municipality or county within the State of Missouri, except
as otherwise permitted by this code or the laws of the State of Missouri.
(b)
No individual, firm, partnership, corporation, or other entity
shall engage in the business of installing, repairing or altering
plumbing unless the plumbing work performed in the course of such
business is under the general supervision of a licensed plumber, and
under the direct supervision of a licensed plumber employed on such
installation or alteration to assure proper and accurate work as prescribed
by this code.
(c)
All work authorized by a plumbing permit shall be done under
the direct supervision of a licensed plumber.
3.
SECTION 103 CODES DEPARTMENT.
a.
Section 103.1 is amended to read as follows:
103.1 Code Officer. The administration and enforcement
of this code shall be the duty of the Code Officer, who is designated
the code official for purposes of this code. The code official is
hereby authorized to take such action as may be reasonably necessary
to enforce the provisions of this code. Such persons may be appointed
and authorized as assistants or representatives of the code officer
as may be necessary to carry out the provisions of this code.
b.
Section 103.2 is amended to read as follows:
103.2 Appointment. The Council will appoint the
code official and such assistants as they deem proper.
c.
Delete Section 103.3 Deputies.
d.
Section 103.4 is amended to read as follows:
103.4 Liability. Any officer or employee charged
with the enforcement of this code, while acting on behalf of the Town,
shall not thereby render such individual liable personally, and is
hereby relieved from all personal liability for any damage accruing
to persons or property as a result of any act performed in the discharge
of official duties. Any suit instituted against any officer or employee
because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of this code shall be
defended by the legal representative of the Town until the final termination
of the proceedings. The officer or employee shall not be liable for
costs in any action, suit or proceeding that is instituted pursuant
to the provisions of this code; and any officer or employee acting
within the scope of employment and 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 official
duties in connection therewith. Nothing contained herein shall be
deemed a waiver of the immunities and protection afforded to the Town
or officers and employees pursuant to State and Federal law.
e.
Section 103.5 is amended to read as follows:
103.5 Restriction of employees. An employee connected
with the Codes Enforcement Department 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 building,
or the preparation of plans or of specifications therefor, unless
such employee is the owner of the building; nor shall such employee
engage in any work which conflicts with such employee's official
duties or with the interest of the Department.
4.
Section 106.4 is amended to read as follows:
106.4 By whom application is made. Application
for a permit shall be made by a licensed plumber, except as provided
herein. Plumbing permits may be issued to the general contractor,
on behalf of the plumber, for new one- and two-family dwellings and
building alteration or building additions for one- and two-family
dwellings to install all or part of any plumbing system. All plumbing
work must be performed by a plumber licensed by the Town of Carrollton,
another municipality or county within the State of Missouri or as
allowed by ordinance.
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Any permit required by this code may be issued to any person
to do any work regulated by this code in a single-family dwelling
used exclusively for living purposes, including the usual accessory
buildings and quarters in connection with such buildings, provided
the person is a bona fide owner of the dwelling, will occupy the dwelling,
and will personally purchase all material and perform all labor authorized
by the permit. Any person obtaining a permit under this Section shall
not be issued another permit within two (2) years.
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The applicant shall meet all qualifications established by rules
promulgated within this code or by ordinance, resolution, 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 stated in the application.
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Exception: Plumbers holding a maintenance plumber's
certificate who are regular employees of the firm or corporation for
which the work is to be performed may obtain a permit to do plumbing
work on the premises of the firm or corporation, provided the work
is not associated with work requiring a building permit.
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5.
Section 106.6 is amended as follows:
106.6.2 Fee schedule. For the purpose of this code,
any fixture, accessory, appliance or equipment of any nature requiring
a permanent or rigid connection to any sewer or water line will be
classified as a fixture and the permit will be assessed as such. The
plumbing permit fees shall be as set by ordinance.
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106.6.3 Fee refunds. The code official shall authorize
the refunding of fees as follows:
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1.
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The full amount of any fee paid hereunder which was erroneously
paid or collected.
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2.
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Not more than seventy-five percent (75%) of the permit fee paid
when no work has been done under a permit issued in accordance with
this code.
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3.
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Delete in its entirety.
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The code official shall not authorize the refunding of any fee
paid, except upon written application filed by the original permittee
not later than one hundred eighty (180) days after the date of fee
payment.
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6.
Section 108.4 is amended to read as follows:
108.4 Penalties. Any person who shall violate a
provision of this code or 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 code official, or of a permit or certificate
issued under the provisions of this code, shall be guilty of an ordinance
violation, punishable as set forth in this adopting ordinance. Each
day that a violation continues shall be deemed a separate offense.
The Town is not required to prove criminal intent as a part of its
case. It is enough to prove that the defendant either did the act
which was prohibited or failed to do an act which the defendant was
legally required to do.
7.
Section 108.5 is amended to read as follows:
108.5 Stop-work orders. Upon notice from the code
official, work on any plumbing system that is being done contrary
to the provisions of this code or in a dangerous or unsafe manner
shall immediately cease. Such 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 resume. Where an emergency exists,
the code official shall not be required to give a written notice prior
to stopping the work. Any person who shall continue any plumbing work
in or about the 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 conditions, shall be liable to a fine of not
less than one hundred dollars ($100.00) or more than five hundred
dollars ($500.00).
8.
Section 109.1 is amended to read as follows:
109.1 Application for appeal. Any aggrieved person
shall have the right to petition the Board of Adjustment regarding
a decision of the code official. Application for appeal shall be filed
in accordance with the procedures set out in Section 113 of the International
Building Code as amended and adopted by the Town of Carrollton, Missouri.
9.
Delete Sections 109.2 through 109.7
10.
Section 305.4 is amended to read as follows:
305.4.1 Sewer depth. Building sewers, including
the portion of the building drain beyond the exterior wall, shall
be a minimum of thirty (30) inches below finished grade. The building
official may approve a lesser depth of the building drain portion
if there are extraordinary circumstances (e.g., bedrock).
11.
In Table 308.5 Hanger Spacing, footnote b shall be used for
water distribution piping only.
12.
Section 405.3 is amended to read as follows:
405.3.1.1 Water closets, urinals, lavatories, bidets. All water closets shall be spaced at least fifteen (15) inches from
the center line of the fixture to any wall or plumbing fixture, except
the center line of the water closet may be spaced twelve (12) inches
if located next to the bathtub.
13.
In Section 410.2 add exception: In business, mercantile, and
storage occupancies where drinking fountains are required, the following
exceptions are permitted to substitute for one hundred percent (100%)
of the required drinking fountains if the required number is not greater
than three (3):
1.
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A water cooler or bottled water dispenser;
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2.
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Individual bottles of water;
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3.
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A break room sink, bar sink, or kitchen sink, provided all sinks
have an approved standard faucet per IPC 424.1.
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14.
Section 602.3 is amended to read as follows:
602.3.1 Availability. A potable public water supply
system shall be considered available to a building when any portion
of the property is located within two hundred twenty-five (225) feet
of the public water main.
15.
Section 606.1 is amended to read as follows:
606.1 Location of full-open valves. Full-open valves
shall be installed in the following locations:
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1.
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On the building water service pipe from the public water supply
near the curb.
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2.
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On the water distribution supply pipe at the entrance into the
structure.
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3.
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On the discharge side of every water meter.
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Exception: Water meters not located inside a building.
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4.
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On the base of every water riser pipe in occupancies other than
multiple-family residential occupancies which are two (2) stories
or less in height and in one- and two-family residential occupancies.
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5.
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On the top of every water down-feed pipe in occupancies other
than one- and two-family residential occupancies.
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6.
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On the entrance to every water supply pipe to a dwelling unit,
except where supplying a single fixture equipped with individual stops.
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7.
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On the water supply pipe to a gravity or pressurized water tank.
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8.
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On the water supply pipe to every water heater.
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16.
Section 701.2 is amended to read as follows:
701.2 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 where a public
sewer is not available, a private sewage disposal system shall be
provided conforming to the ordinances and the Building Code of Carrollton,
Missouri.
701.2.1 Public system available. A public sewer
system shall be considered available to a building when any portion
of the property is located within two hundred twenty-five (225) feet
of the public sewer.
17.
In Section 705.11.2 Solvent cementing, delete exceptions.
18.
In Section 903.1 Roof extension, insert twelve (12) inches (three
hundred four and eight-tenths (304.8) mm) for termination height above
roof.
[Ord. No. 2017-1239 § 3, 8-21-2017]
A. The punishment of a violation of this Article shall be as follows:
1.
The maximum fine combined with the amount of court costs that
can be imposed for the violation of any ordinance violation shall
be two hundred dollars ($200.00) for the first violation, two hundred
seventy-five dollars ($275.00) for the second violation, three hundred
fifty dollars ($350.00) for the third violation, and four hundred
fifty dollars ($450.00) for the fourth and any subsequent municipal
ordinance violation.
2.
Ordinance violations as defined below shall not be punishable
by imprisonment, unless the violation:
a.
Endangered the health or welfare of others; or
b.
Involved eluding or giving false information to a Law Enforcement
Officer.
3.
A person convicted of an ordinance violation shall not be placed
in confinement for failure to pay a fine unless such non-payment violates
the terms of the person's probation or unless the due process
procedures mandated by Missouri Supreme Court Rule 37.65 or its successor
rule are strictly followed by the court.
4.
Court costs that apply shall be assessed against such person
unless the court finds that the defendant is indigent based on standards
set forth in determining such by the presiding judge of the circuit.
Such standards shall reflect model rules and requirements to be developed
by the Missouri Supreme Court.
5.
No court costs shall be assessed if the defendant is found to be indigent under Subsection
(A)(4) or the case is dismissed.
[Ord. No. 2017-1239 § 4, 8-21-2017]
The portions of this Article shall be severable. In the event
that any portion of this Article is found by a court of competent
jurisdiction to be invalid, the remaining portions of this Article
are valid, unless the court finds the valid portions of this Article
are so essential and inseparably connected with and dependent upon
the void portion that it cannot be presumed that the Town Council
would have enacted the valid portions without the invalid one, or
unless the court finds that the valid portions standing alone are
incomplete and are incapable of being executed in accordance with
the legislative intent.