City of Lewes, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Lewes 4-12-1982.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building code — See Ch. 70.
Mercantile licensing — See Ch. 128.
Sewers — See Ch. 158.
Water and sewer connections — See Ch. 191.
[1]
Editor's Note: This ordinance also superseded former Ch. 145, Plumbing, adopted 7-20-1962, as amended 5-12-1980.
A. 
The International Plumbing Code, as adopted by reference in § 70-40, is adopted by this reference and made a part of this chapter with the same force and effect as though set out in full herein as the official Plumbing Code of the City.
[Amended 4-8-2002; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
At least three copies of the Plumbing Code shall be on file in the office of the Clerk for public inspection and use.
C. 
Insofar as the remaining provisions of this chapter are in conflict with the Code adopted by this section, said provisions shall be deemed to be amendments to said Code.
As used in this Plumbing Code, unless the context indicates otherwise:
A. 
"Corporation Counsel" shall mean the City Solicitor of the City.
B. 
"Municipality" shall mean the City of Lewes.
C. 
"Plumbing Official" shall mean the Board of Public Works.
The City Council of the City of Lewes, for the purpose of protecting the health and to provide for the general welfare of the residents of the City of Lewes, hereby establishes and formally adopts a Plumbing Code herein set forth requiring registration of plumbers and relating to the construction, repair and maintenance of sewer or house drains and to the water supply in connection therewith and to general sanitary practice. The City Council of Lewes authorizes and directs the Board of Public Works of the City of Lewes to adopt such reasonable rules and regulations as may be necessary to enforce the provisions hereof.
A. 
The definitions contained herein are not intended to be all-inclusive but to define certain terms as used in this chapter which might be subject to variations in meaning.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE AUTHORITY
The Board of Public Works of the City of Lewes.
CITY OF LEWES
Includes properties located both on the mainland, on Lewes Beach and on lands over which the City Council of the City of Lewes has been given jurisdiction.
[1]
Editor's Note: See also § 145-13.
No person, firm or corporation shall engage in or carry on the trade or occupation of plumbing or house drainage, either as a master or journeyman plumber, within the corporate limits of the City of Lewes without first securing from the Board of Public Works a license entitling the holder thereof to engage in the business of plumbing within the corporate limits of the City, either as a master or journeyman plumber.
Also, it shall be unlawful for any person, firm or corporation to construct, erect, alter or repair any sewer, house or drain connection or any component of the water supply system, including the water service connection, without first obtaining a permit from the Board of Public Works.
Permits will be issued to qualified persons only as herein specified.
[Amended 9-14-1987]
Any person, firm or corporation which constructs, installs or maintains or causes to have constructed, installed or maintained any sewer, house or drain connection or any component of the water supply system, including the water service connection, in violation of this chapter shall be deemed guilty of a misdemeanor and, in addition to any other remedy provided by law, shall, upon conviction, be subject to a fine of not less than $25 nor more than $100 or to imprisonment for a term of not less than 10 days nor more than 30 days, or to both for the first such conviction. For a second or subsequent conviction, any person, firm or corporation shall, upon conviction, be subject to a fine of not less than $50 nor more than $500 or to imprisonment for a term of not less than 20 days nor more than 60 days, or to both for each such conviction. Each day that a violation of any of the provisions of this chapter continues shall be deemed and taken to be a separate and distinct violation.
The Board of Public Works shall have charge of the inspection of all plumbing and house drainage in the City of Lewes. The inspection of all plumbing and house drainage and its conformity with the provisions of this chapter shall be under the supervision of the Board of Public Works. The Board of Public Works shall also have supervision of the granting, revoking and renewing of licenses to those engaged in the business of plumbing and house drainage within the corporate limits of the City of Lewes.
Appeals from any ruling of the Board of Public Works concerning plumbing or house drainage or concerning the granting or refusing of licenses to applications engaged in the business of plumbing or house drainage may be taken to the City Council of the City of Lewes at any time before the expiration of five days following the date of action taken by the Board of Public Works. Such appeals shall be taken by filing written notice of intent to appeal with the City Council of the City of Lewes. If such written notice of intent to appeal is not filed within the time limit hereinbefore prescribed, the ruling of the Board of Public Works shall become final.
Every person who shall engage in or carry on or who shall desire to engage in or carry on the trade or occupation of plumbing or house drainage as a journeyman plumber within the corporate limits of said City shall first appear at the office of the Board of Public Works and, upon presenting said proof of his being a bona fide journeyman plumber, shall register his name and address upon a form prescribed and furnished by the Board of Public Works. If qualified, such person shall then receive a license, signed by the appropriate official of the Board of Public Works, certifying that the person whose name appears thereon is a duly registered and qualified journeyman plumber, authorized to engage in or carry on the trade or occupation of plumbing or house drainage as a journeyman plumber within the corporate limits of the City of Lewes for and during the remainder of the calendar year from the date such license shall have been issued.
Before any such license shall be issued, each successful applicant shall pay unto the Board of Public Works the sum established by said Board at any of its regular or special meetings which is in effect at the time of the application for said license.
As used in this chapter, the following terms shall have the meanings indicated:
JOURNEYMAN PLUMBER
One who works for and receives his wage or compensation solely from a master plumber or a firm, partnership, copartnership or corporation qualified to engage in the trade or occupation of plumbing or house drainage within the corporate limits of the City of Lewes.
[1]
Editor's Note: See also § 145-4.
No person under 18 years of age shall be granted a journeyman plumber's license.
Every person who shall engage in or carry on or who shall desire to engage in or carry on the trade or occupation of plumbing or house drainage in his own name, as a master plumber, within the corporate limits of said City, shall first appear at the office of the Board of Public Works and, upon presenting proof of his being a bona fide master plumber in the form of a current certification from the State of Delaware that he is a master plumber, shall register his name and address upon a form prescribed and furnished by the Board of Public Works. If qualified, such person shall then receive a license, signed by the appropriate authority of the Board of Public Works, certifying that the person whose name appears thereon is a duly registered and qualified master plumber authorized to engage in or carry on, in his own name, the trade or occupation of plumbing or house drainage as master plumber within the corporate limits of the City of Lewes for and during the remainder of the calendar year from the date such license shall have been issued.
Before any license shall be issued to any person, firm or corporation as master plumber, such person, firm or corporation shall give to the Board of Public Works a cash or security bond, with good and sufficient surety, approved by the Board of Public Works, in the amount established by said Board at any of its regular or special meetings, which is in effect at the time of the application for said license, payable upon default to the City Council of the City of Lewes and conditioned upon indemnifying and saving harmless the City of Lewes from all damage or loss incurred by said City of Lewes growing out of or in any way connected with the negligence of said licensee incident to the prosecution of work done under and by virtue of the authority contained in said license and also for any costs or expenses incurred by the Board of Public Works of Lewes in repairing, replacing or restoring in a safe and workmanlike condition any streets or pavements over any opening or excavation made by said licensee; and upon further condition that said licensee will keep and maintain such streets or pavements at the places where such work shall be done in a safe and passable condition for a period of 12 months next following the completion of the work; and upon the further condition that said licensee shall faithfully and carefully execute all plumbing and house drainage work done by him or under his supervision in accordance with the provisions of this chapter or any supplement, addition or amendment thereto.
On every January 1 following the initial granting of the license and before any license shall be renewed, any applicant for renewal of a license as a journeyman or master plumber shall pay to the Board of Public Works a license fee established by said Board at any of its regular or special meetings, which is in effect for that particular calendar year.
A. 
Every person, firm or corporation which shall engage in the trade or occupation of plumbing or house drainage within the confines of the City of Lewes shall first appear at the office of the General Manager of the Board of Public Works and shall furnish unto the said General Manager the following information:
(1) 
The correct name under and by which such person, firm or corporation does business.
(2) 
The correct business address of such person, firm or corporation.
(3) 
In the case of a corporation, the name and address of its President, secretary and registered agent in the State of Delaware.
(4) 
In the case of a firm or partnership, the names and addresses of every person who is a member or partner of such firm or partnership.
(5) 
The name of the person employed or designated by such corporation, firm, partnership or copartnership to superintend, manage, oversee and employ the necessary labor for the carrying out or fulfilling of any and all agreements or contracts made to do plumbing work or house drainage within the corporate limits of said City. Such person so employed or designated by the corporation to superintend, manage, oversee and employ the necessary labor on behalf of said corporation, firm, partnership or partnership, as aforesaid, shall present unto the Board of Public Works proof of his being a bona fide master plumber and shall receive from the Board of Public Works, without cost or expense, a certificate authorizing him to act as the superintendent of plumbing on behalf of and in the name of such person, firm or corporation. Such certificate shall not authorize such superintendent to engage in the business of plumbing or house drainage within the corporate limits of said City in his own name, either as a master or journeyman plumber, unless he shall first have secured a necessary license therefor.
B. 
After furnishing such information to the Board of Public Works, such person, firm or corporation shall receive a license, signed by the appropriate authority of the Board of Public Works, certifying that such person, firm or corporation whose name appears thereon is duly registered and authorized to engage in or carry on the trade or business of plumbing or house drainage within the confines of the corporate limits of the City of Lewes for and during the remainder of the calendar year from the date such license shall have been issued.
C. 
Before any such license shall be issued to such person, firm or corporation, it shall enter into a cash or security bond, approved by the Board of Public Works, in the amount established by said Board at any of its regular or special meetings, which is in effect at the time of the application for said license, payable upon default to the City Council of the City of Lewes and conditioned in the same manner as the bond required of a master plumber.
D. 
On every January 1 following the initial granting of the license and before any license shall be renewed, any applicant for renewal of a license as a journeyman or master plumber shall pay to the Board of Public Works a license fee established by said Board at any of its regular or special meetings, which is in effect for that particular calendar year.
No person commonly known to the plumbing trade as an "apprentice plumber" shall be required to comply with the provisions of §§ 145-11 through 145-16, provided that a master or journeyman plumber or superintendent of work on behalf of a person, firm or corporation duly licensed in accordance with the provisions of this chapter shall certify that he is an apprentice learning the trade under such master or journeyman plumber or superintendent of work and that all work done by such apprentice within the corporate limits of said City shall be done under the personal guidance and supervision of such master or journeyman plumber or superintendent of work.
The foregoing parts of this chapter shall not be construed to apply to any person employed by a person, firm or corporation solely for the purpose of maintaining the existing plumbing systems of a particular building or buildings owned and operated by such person, firm or corporation; provided, however, that such maintenance man shall limit his work to such building or buildings owned by said person, firm or corporation.
Any person holding a license authorizing him to engage in the trade of plumbing or house drainage within the confines of said City, either as a journeyman or master plumber, who desires to continue to engage in or carry on the trade or occupation of plumbing or house drainage therein for the ensuing year shall, between the first and 24th days of December of each year, surrender his license for the then-current year to the Board of Public Works, shall produce a current master plumber's certification issued by the State of Delaware or, in the case of a journeyman, shall have his employer produce the same, and shall reregister as hereinbefore provided and, upon payment to the Board of Public Works the required sum hereinbefore set forth and the furnishing of a new bond as required by the Board of Public Works, shall receive a license for the ensuing calendar year.
Any person failing to comply with the provisions of this chapter shall not be entitled to have his license renewed for the ensuing year until he shall again have complied with the provisions of this chapter with respect to the granting of an initial license.
Except as herein provided, no person, other than one holding a license or certificate in the proper case, shall construct, alter or repair any connection with any sewer, drain, soil, waste or vent pipe or any component of the water supply system, including the water service connection, within the corporate limits of said City. No person, firm or corporation, pursuant to any agreement or contract made by it or him, shall permit the construction, alteration or repairing of any connection with any sewer, drain, soil, waste or vent pipe or water line and appurtenances done by a person in its or his employ who shall hold a license or certificate as hereinbefore provided.
Prior to any new construction, either as an original building or as an addition thereto, a ground plan of the building and lot, drawn to a minimum scale of 1/16 inch equals one foot, showing the position of the main house water and sewer service connections and branch drains and/or water lines, valves and all other necessary plumbing and drainage connections, shall be filed with the Board of Public Works. One copy of this same plan shall be retained for use at the location of the work.
The construction of plumbing or house drainage shall be constructed under and in accordance with the rules and regulations prescribed by the Board of Public Works. Connection to any sewer and/or water main within the corporate limits of the City of Lewes shall be done in accordance with the rules and regulations adopted by the Board of Public Works.
All inspections conducted on behalf of the Board of Public Works of Lewes and pursuant to this chapter shall be carried out by the Board of Public Works or by an inspector authorized by the said Board.
A fee, to be known as an "application fee" in the amount established by the Board of Public Works at any of its regular or special meetings, in effect at the time of the application, shall be paid by the plumber to the said Board for each plumbing permit application submitted.
Before any connection can be made to the water main or before any house drain can be connected to the sanitary sewer, a permit for service must be obtained and paid for at the office of the Board of Public Works by the master plumber or superintendent in charge of the work. Before any fixture in a dwelling employing water, sanitary or drainage connections can be used, a permit for service shall be obtained and paid for at the office of the Board of Public Works.
If, after a permit to proceed with the work has been secured, it is desired to alter or deviate in any manner from the terms of the application or drawings submitted to the Board of Public Works at the time of securing the permit, notice of such alteration or deviation shall be given to the Board of Public Works, and corrected or amended applications or drawings shall be furnished before the inspection is made. The permit shall be revoked by the inspector for any material departure from the approved application or drawings, or in any case that any false statement or representation was made in securing the permit.
Each permit shall lapse by limitation and become void if the work is not commenced within six months from date of issue.
No work pertaining to the drainage and/or water supply system, including alterations or repairs, shall be covered or concealed in any way until after it has been examined and approved by an inspector appointed by the Board of Public Works. Notice over the signature of the master plumber or superintendent in charge of the work must be sent to the General Manager of the Board of Public Works, in writing, at least eight hours in advance when the work is sufficiently advanced for inspection, giving the location of property, plan number and character of work to be inspected. Immediately upon the completion of the work, application for final inspection must be made, in writing, to the Board of Public Works.
Every new plumbing system, including those altered or extended, must be tested by the master plumber or superintendent in charge of the work by means of water or air test, in the presence of the inspector of the Board of Public Works. All defective joints must be made tight and other openings made impervious to gases. All defective pipe must be removed and replaced by sound pipe. All plumbing must stand an air test of not less than three pounds per square inch.
The licensed master plumber shall be certain that the work will stand the prescribed test before giving notification for the inspection. The equipment, materials, power and labor necessary for the inspection and test shall be furnished by the licensed master plumber.
In all cases of connecting house drains or water service connections to the sewer and water mains in the street, the street shall be restored to the original condition prior to the excavation. Failure to do so will necessitate withholding final inspection approval.
[Amended 11-13-1989; 6-9-2003; 12-11-2006]
No system commonly known as a "groundwater heat pump" or a "geothermal heat pump" shall be installed within the corporate limits of the City of Lewes or within any area served by the City Water system without first securing a specific permit for the same from the Board of Public Works and paying a fee in an amount established by said Board at any of its regular or special meetings, in effect at the time of the application. The installation and use of said system shall be governed and controlled by the following:
A. 
Construction of said system shall not commence until the party responsible for such installation shall have produced for the appropriate authority at the Board of Public Works any required federal, state or county permits.
B. 
The well which supplies water for the heat pump shall supply water for no other purpose.
C. 
The discharge of the water must be directly into the groundwater system through a permitted injection well, and no other form of discharge shall be permitted. The systems will not be allowed within the proposed Wellhead Protection Area as delineated on the current Delaware Geologic Survey.
D. 
Construction of said open loop or vertical closed loop system shall be in accordance with plans and specifications submitted to and approved by the appropriate authority of the Board of Public Works.
E. 
Prior to construction, during construction and after completion, the system will be inspected by the appropriate authority of the Board of Public Works to be sure that the construction and installation are in accordance with the plans and specifications submitted and approved by said Board.
F. 
An inspection fee in an amount established by the Board of Public Works at any of its regular or special meetings, in effect at the time of the permit application, shall be charged for the inspection of the system as set forth in § 145-35E above.
G. 
Any person, firm or corporation so violating this section shall be fined, for the first such conviction, $100, and for the second such conviction shall be required to remove such system and shall not be allowed to replace the same at that location nor to make application to install a like system at any other location within the corporate limits of the City of Lewes.
[Added 11-13-1989]
For the purposes of this article, the following definitions shall be applicable, unless the context clearly indicates to the contrary:
GREASE INTERCEPTOR
A device designed and installed so as to separate and retain grease from normal waste and permit normal sewage or liquid waste to discharge into the disposal system by gravity.
A grease interceptor shall be installed and maintained for commercial and industrial wastewater when it is determined by the Plumbing Official, or such other person as shall be appointed by the General Manager of the Board of Public Works, to be necessary to assure the effectiveness of the sewage disposal system.
All grease interceptors shall be designed and installed in accordance with the following standards:
A. 
The location of a grease interceptor shall be in accordance with the minimum isolation distances prescribed by the Plumbing Official, or such other person as shall be appointed by the General Manager of the Board of Public Works.
B. 
The size of a grease interceptor shall be based on wastewater flow data and grease retention capacity. The grease retention capacity in pounds shall be equal to at least the peak flow capacity in gallons per minute. The flow capacity shall be determined from the individual flows from fixtures discharging into the grease interceptor. Schedule A at the end of this article sets forth the minimum flow rate fixture capacities which shall be used for grease interceptor design and installation when actual calibrated metered flow data indicating peak daily flows over a three-year period are not available.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C. 
All grease interceptors shall have multi-compartments.
D. 
All inlet and outlet connections shall be sanitary tees or baffles constructed of cast-in-place concrete, vitrified clay or PVC. Inlet and outlet openings shall be a minimum of four inches in diameter. The outlet invert shall be two inches below the inlet invert. The inlet baffle or sanitary tee shall extend at least 24 inches below the liquid level. The bottom of the outlet baffle or sanitary tee shall be eight inches above the tank bottom.
E. 
Connections between multi-compartment tanks shall consist of a four-inch diameter sanitary tee. The bottom of the sanitary tee shall be 12 inches above the tank bottom.
F. 
All installations of grease interceptors and testing shall be in accordance with the requirements of the Board of Public Works.
G. 
Food-waste grinders shall not discharge to the building drainage system through a grease interceptor.
H. 
A grease interceptor shall be equipped with a device to control the rate of water flow so that it does not exceed the rated flow.
I. 
A grease interceptor shall be so designed in order that it will not be air-bound if a tight cover is used. Each grease interceptor shall be properly vented if loss of interceptor seal is possible.
J. 
Each grease interceptor shall be so installed so that it is readily accessible for servicing and maintenance. The need for use of a ladder or moving bulky objects in order to service and maintain a grease interceptor shall constitute a violation of accessibility. A grease interceptor shall be maintained in an efficient operating condition by periodic removal of accumulated grease, scum, oil or other floating substances and solids deposited in the grease interceptor.
K. 
The installation of a water-cooled grease interceptor is not permitted.
Before installing any special-type grease interceptor, a drawing including all pertinent information shall be submitted to the Plumbing Official, or such other person as shall be appointed by the General Manager of the Board of Public Works, for approval.
Any commercial laundry shall be equipped with a grease interceptor having a wire basket or similar device, removable for cleaning, that will prevent passage into the sewer system of solids 1/2 inch (13 millimeters) or larger in size, string, rags, buttons or other material detrimental to the public sewer system.
Bottling plants shall discharge their process waste into a grease interceptor which will provide for the separation of broken glass or other solids before discharging liquid waste into the sanitary sewer system.
Installation and operation of a car-washing facility shall not be permitted until plans have been submitted and approved by the Plumbing Official, or such other person as shall be appointed by the General Manager of the Board of Public Works.
Any person, firm or corporation which violates any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction in a court of competent jurisdiction, shall be fined not less than $25 nor more than $100 or be imprisoned for a term of not less than 10 days nor more than 20 days, or both, and shall pay the costs of prosecution for the first such conviction. For each subsequent conviction, any person, firm or corporation who violates any provision of this article shall be fined not less than $50 nor more than $200 or imprisoned for a term of not less than 20 days nor more than 30 days, or both, and shall pay the costs of prosecution. For the purposes of this article, each day that a violation of any of the provisions of this article occurs or continues shall be deemed to be a separate and distinct violation.
Notwithstanding any other provision of this article, if a violation continues for a period of 20 days after notice thereof, the General Manager be and he is hereby authorized to discontinue water service or sewer service, or both, to the property where the violation exists.