Township of South Whitehall, PA Plumbing Code

Section 101.1 "Title" shall be amended to read:

Section 101.1 Title. These regulations shall be known as the "Plumbing Code of South Whitehall Township" herein referred to as "this Code."

Section 106.6.2 "Fee schedule" shall be amended to read:

Section 106.6.2 Fee schedule. The fees for all plumbing work shall be as indicated in the schedule enacted by Resolution of the Board of Commissioners of South Whitehall Township and kept on file in the office of the Department of Community Development of South Whitehall Township for public inspection.

Section 106.6.3 "Fee refunds" shall be amended to read:

Section 106.6.3 Fee refunds. The Code official shall authorize the refunding of fees as follows:

The full amount of any fee paid hereunder that was erroneously paid or collected.

Not more than 50% of the permit fee paid where work has been done under a permit issued in accordance with this Code.

Not more than 100% of the plan review fee paid where an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan review effort has been expended.

The Code 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.

Section 106 Permits shall include Section 106.7 which shall be entitled "Additional ordinance No. 686 Requirements — Permit application and licensing": (This Section included pursuant to portions of Ordinance No. 686 adopted February 17, 1999.)

Section 106.7.1 Application for permit — Responsible persons. The full names and addresses of the owner, lessee, applicant, and the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application. (Subsection 106.7.1 included pursuant to part of Subsection 106.3 of Section 3 of Ordinance No. 686 adopted February 17, 1999.)

Section 106.7.2 Licensing. The following are the transition provisions for licensing from the prior ordinances, including (but not limited to) Ordinance No. 686 and the previous (now repealed) corresponding provisions of this Code, which shall apply from and after June 1, 2019:

(a)

General. The provisions of this Subsection 106.7.2 shall control the licensing of Master and Journeymen Plumbers who engage in plumbing, as defined by this Code, in South Whitehall Township.

(b)

No new licenses, transition, renewal and termination. It is hereby declared to be the intent of the Board that no new licenses shall be granted, and that while existing licenses shall be "grandfathered" subject to the provisions of this Subsection 106.7.2, such existing licenses shall be phased out by attrition through expiration, non-renewal, revocation, termination, surrender, lapse, death or retirement of the license holder, or otherwise.

(1)

No new licenses. After June 1, 2019, no new licenses for either Master or Journeyman Plumbers shall be issued by the Township.

(2)

Existing licenses. Existing licenses shall continue to be valid and effective, subject to such licenses being renewed in accordance with this Subsection 106.7.2, and the holder of such license not being in violation of the provisions of this Subsection 106.7.

(3)

Term of license and renewal. Every existing and outstanding license shall expire on the 31st day of December of each year. Each Licensee may renew said license by filing for re-registration between December 1 and December 31 of the year preceding the year for which the license is to be renewed.

(4)

Form. Any person desiring to renew a license shall make application for the same on forms prepared and provided by the Township.

(5)

Effect of failure to renew license. If any existing license is not timely renewed in accordance with this Subsection 106.7.2, then such license shall be deemed to have expired, lapsed, and automatically terminated, and shall not be renewed or reissued. The former holder of such license shall not be entitled to obtain a new or replacement license.

(6)

Revocation. The Township's Building Code Board of Appeals ("Appeals Board") may revoke any license if the Appeals Board affirmatively finds that the license was obtained through non-disclosure, misstatement or misrepresentation of a material fact, or if a Licensee has violated any of the provisions, rules, or regulations of this Code or Ordinance. Before a license may be revoked, the Licensee shall be notified, in writing, of the charges against him or her and shall be entitled to a hearing by the Appeals Board not sooner than five days after Licensee's receipt of notice. Notification shall be either hand-delivered or sent via certified mail to the address on record on the license application. Evidence that such notice was sent to the address of record shall constitute proper notification, notwithstanding the relocation of the Licensee, unless another or forwarding address was provided to the Township by the Licensee. The Licensee shall be given an opportunity to present testimony, oral or written, and other evidence, and shall have the right to cross-examine any and all witnesses. All testimony shall be given under oath or affirmation. The decision of the Appeals Board shall be based on the evidence produced at the hearing and shall be made, in writing, as part of the record. A person whose license has been revoked shall not be permitted to be re-licensed.

(7)

Licensing appeals. All appeals and hearings regarding plumber's licensing matters, including but not limited to registration, fees, revocation, suspension, or any other decisions or determination, shall be held before the South Whitehall Township Building Code Appeals Board ("Appeals Board"), as established by the Municipal Building Code of South Whitehall Township, as amended from time to time. Such hearings may be initially informal, without a stenographic recording, and a full and complete record need not be kept by said Appeals Board. In any event, the Appeals Board's decision shall be certified in writing by the Appeals Board's Secretary to both appellant and Code Official.

Provided that any party to any such appeal or hearing (including but not limited to the appellant of the Code Official) may nevertheless request that such appeal or hearing be held initially in a formal manner, or reheard as of right in such a formal manner, with all testimony stenographically recorded and a full and complete record of the proceedings kept. The party making such aa request shall furnish written notice to that effect to all other parties to such appeal or hearing, at least 10 days before the commencement of such hearing or appeal. The party making such a request shall also agree to pay all of the costs thereof in accordance with Section 553. — Hearing and Record of Chapter 5 — Practice and Procedure, Subchapter B. — Practice and Procedure of Local Agencies of the Pennsylvania "Local Agency Law," codified at Title 2 of Purdon's Pennsylvania Consolidated Statutes Annotated, Section 553. — Hearing and Record (2 Pa.C.S.A. Sec. 553), as amended from time to time.

All additional, further or subsequent appeals, hearings, or rehearings, from any decision or determination under this Code by the Appeals Board, shall be to the Lehigh County Court of Common Pleas. All such appeals, hearings, or rehearings shall be on the basis of a full and complete record of the prior proceedings before the Appeals Board, pursuant to Chapter 7 — Judicial Review, Subchapter B. — Judicial Review of Local Agency Action, Sections 751 et seq., of the Pennsylvania "Local Agency Law", codified at Title 2 of Purdon's Pennsylvania Consolidated Statutes Annotated, Section 751 (2 Pa.C.S.A. Sec. 751) et seq., particularly Section 754. — Disposition of Appeal, (b) Complete Record (2 Pa.C.S.A. Sec. 754), each as amended from time to time.

(8)

Transferability and use of Licensee's name by another. No license issued hereunder shall be transferrable to any other person or entity. No person who has obtained a license hereunder shall allow his or her name and/or license to be used by another person for the purposes of obtaining permits to engage in or practice plumbing within the Township or elsewhere. Any violation of this restriction shall be sufficient cause, without more, for forfeiture, revocation, and termination of the license of the person who permitted such use of his or her license.

(9)

Change of name or address. Every Licensee shall notify the Township, in writing, of any change in the Licensee's name or address within 30 days of such change. Any such change shall be noted on the Licensee's license, as well as the official records maintained by the Township.

(10)

Fees for licensing. Any and all licensing fees for the renewal of only existing and outstanding licenses, as prescribed in this Section, shall be established by Ordinance or Resolution, duly adopted by the Township's Board of Commissioners.

(Subsection 106.7.2 included pursuant to portions of Section 3 of Ordinance No. 686 adopted on February 17, 1999.)

Section 108.3 "Prosecution of violation" shall be amended to read:

108.3. Prosecution of violation. If the notice of violation is not complied with promptly, the Code Official shall request the Township Solicitor to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this Code or of the order or direction made pursuant thereto.

Section 108.4 "Violation penalties" shall be amended to read:

108.4. Violation penalties. Any person who violates a provision of this Code, this Ordinance, or the rules or regulations promulgated hereunder, or who fails to comply with any of the requirements thereof, or who installs 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 liable for a civil penalty, upon a finding of liability by the District Justice, or any other court of competent jurisdiction. The amount of the civil penalty for each such violation shall not be more than $1,000 plus costs of the enforcement action including reasonable attorney's fees. Each day that a violation continues shall be deemed to be a separate violation.

Section 108.5 "Stop work orders" shall be amended to read:

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 continues any plumbing 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 liable for a civil penalty, upon a finding of liability by the District Justice or any other court of competent jurisdiction. The amount of civil penalty for each such violation shall be not less than $100 and shall be not more than $1,000 plus costs of the enforcement action including reasonable attorney's fees. Each day that a violation continues shall be deemed to be a separate violation.

Section 108.6 "Abatement of violation" shall be amended to read:

108.6 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the Township Solicitor from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the plumbing on or about any premises.

Despite the assessment of a penalty in the form of a fine against the violator, the violation itself must still be corrected. Failure to make the necessary corrections will result in the violator being subject to additional penalties as described in the preceding section.

Section 305.4.1 "Sewer depth" shall be amended to read as follows:

305.4.1. Sewer depth. Building sewers that connect to private sewage disposal systems shall be a minimum of 36 inches (914.4 mm) below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 36 inches (914 mm) below grade.

Section 602 "Water Required" shall be amended to include:

602.4 Public water supply. Every building intended for human habitation shall utilize public water and sewer services, if such building is situated within 150 feet of lines providing such services.

Section 608 "Protection of Potable Water Supply" shall be amended to include:

608.14.10 Meter valve. Wherever a new service connection to a central water system is made, or whenever an existing water meter is replaced (other than as exempted below), then a double check-valve assembly shall be installed and maintained in the water distribution piping on the building side of the water meter. The double check-valve assembly shall be identical in size with the meter connection. Existing water meters in one and two family detached dwellings, as of the date of adoption of this Ordinance, shall be exempt from this double check-valve assembly requirement, for as long as said one or two family use is maintained. Provided, however, that this exemption shall not be applicable to those dwellings where the Code Official has determined that there is an actual, imminent threat to the public health and safety from the lack of a double check-valve assembly; and further provided, that this exemption shall not be applicable to the extent that the Pennsylvania Department of Environmental Protection has issued a final, binding order to the Township or others to the contrary.

Section 701 "General" shall be amended to include:

701.2.1. Public sewer supply. Every building intended for human habitation shall utilize public water and sewer services, if such building is situated within 150 feet of lines providing such services.

Section 903.1 "Roof extension" shall be amended to read as follows:

903.1. Roof extensions. Open vent pipes that extend through a roof shall be terminated not less than six inches (152 mm) above the roof. Where a roof is to be used for assembly or as a promenade, observation deck, sunbathing deck or similar purposes, open vent pipes shall terminate not less than seven feet (2,134 mm) above the roof.