Chapter IV · Buildings and Construction

ARTICLE 3. PLUMBING AND GAS-FITTERS CODE

Sections 4-301 to 4-312 · 12 sections

4-301 International plumbing code incorporated.

There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for the practice of plumbing; including the installation, maintenance, extension and alteration of all pipes, fixtures, appliances and appurtenances in connection with sanitary sewers and public and private water systems. All fuel gas piping installations are regulated by the International Fuel Gas Code. The International Plumbing Code, 2003 Edition, as recommended by the International Code Council is being made as a part of the ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. No fewer than three copies of the International Plumbing Code, 2003 Edition, shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Baldwin City,” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business.

Any person violating any provisions of the above code shall be punished as provided in section 1-118 of this code.

(Ord. 1120, Sec. 2; Code 2005)

4-302 Building official; authority.

The zoning and codes administrator, or his or her authorized designee, shall be responsible for the administration and enforcement of this article and appointment of a plumbing inspector in accordance with sections 4-203 and 4-209:212 of this chapter, which apply in a like manner to this article.

(Code 2005)

4-303 Plumbing permit required; exception.

(a)It shall be unlawful to install, alter or reconstruct any plumbing or plumbing system, as defined by the plumbing code, in any building in the city without making application to and receiving a permit therefor from the city clerk. All such permits shall be endorsed by the plumbing inspector upon his or her examination and approval of the application for the permit.

(b)No permit shall be required for making minor repairs of any plumbing including repair of leaks in water pipes, traps or cocks, opening up stoppage in waste or supply pipes, traps or drains, replacing fixtures when waste pipes are not disturbed, or replacing frozen pipes inside the building, and like repair work not involving original installation or reconstruction.

(Code 1985)

4-304 Same; application.

Applications for plumbing permits shall be made in writing by the licensed plumber or plumbing contractors proposing to do the work or by the owner of a private residence proposing to personally perform plumbing work upon his or her own such residence and shall include the location of the building, the name of the owner, a statement of the work proposed to be done, and the estimated cost thereof. In the case of original installation or construction, the plans and specifications of the architect or builder shall be submitted to the plumbing inspector along with the application. When the inspector shall be satisfied that the plumbing can and will be done in accordance with the laws of the city the permit shall be issued, after payment of the required fees.

(Code 1985)

4-305 Same: fees.

Plumbing permit fees shall be as provided in the Schedule of Fees in the International Plumbing Code as incorporated herein.

(Code 2005)

4-306 Plumbing inspector.

It shall be the duty of the plumbing inspector to inspect all plumbing hereafter done in the city for which a permit is required. He or she shall have power to reject any plumbing if the same is not done in accordance with the plumbing regulations of the city. He or she shall be authorized to enter upon premises for all such purposes to perform a duty imposed upon him or her: provided, that the owner of any building, the plumbing of which has been rejected by the inspector and who may feel aggrieved respecting such order, may by agent or personally appeal to the governing body of the city to have such order reviewed and the decision of the governing body shall be final when the matter shall have been heard by it.

(Code 1971, 4-302; Code 1985)

4-307 Inspections.

The plumber shall notify the plumbing inspector when the plumbing has been roughed-in and is ready for inspection, and the inspector shall make his or her inspection thereof. All requests for inspection must reach the inspector on or before 10:30 a.m. on the day the inspection is to be made, and any request made after 10:30 a.m. of any day need not be inspected until the following day.

(Code 1985)

4-308 Plumber or plumbing contractor; defined.

(a)A plumber or plumbing contractor shall mean:

(1)Any person engaged in the business of installing, altering, maintaining, or repairing plumbing, which shall include all materials and plumbing fixtures, water pipes, portable water treatment equipment, traps, drainage and vent piping, and building drains, including their respective points, connections, devices, receptacles and appurtenances located within the property lines of any premises or in any building.

(b)A plumber or plumbing contractor as defined in subsection (a) of this section shall not mean or include the owner of a residence who personally installs plumbing piping or equipment within and upon his or her own residence; provided, the owner shall satisfy the plumbing inspector as to his or her ability to install such piping or equipment, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive approval. Personal installation by an owner under this section shall be himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a registered plumbing contractor.

(Code 2005)

4-309 Plumbing contractor’s license required; fee.

Every plumbing contractor, gas-fitter or plumber shall, before engaging in business in the city, secure from the city clerk an annual license, the fee for which is hereby fixed at $25.00.

(Code 1985)

4-310 Same; bond/insurance required.

(a)Any person, firm or corporation engaged in the business of plumbing within the city shall, before doing any such work, file with the city clerk a surety bond in the sum of $5,000. Such bond shall be approved by the city attorney as to form and by the city council as to surety and shall be conditioned that the principal therein will have the city free and harmless from all damages to all persons or property resulting from his or her negligence or the negligence of his or her agents or employees and further conditioned that he or she will restore all streets, alleys and sidewalks to the condition existing before the commencement of any work and that he or she will maintain the streets, alleys and sidewalks in such condition for six months subsequent to the completion of such work. No bond for the purpose of this article shall run for a longer period of time than two years and the bond shall remain in full force and effect as to any piece of work or excavation for six months after the same has been completed: provided, that no such bond may be extended by a renewal certificate but a new bond shall be given to the city in every case where an existing bond expires.

(b)In lieu of a bond, such person, firm or corporation may file with the city clerk, a certificate of liability insurance covering the work to be performed. The certificate shall show that such person, firm or corporation is covered by a liability insurance policy in the amount of $100,000 for the death or injury of any one person and $300,000 for the death or injury of any number of persons in any one accident and $50,000 for property damages in any one accident. Such policies of insurance shall be issued by some insurance company authorized to do business in the State of Kansas. Such person may qualify as to the insurance requirements by filing a certificate with the city clerk executed by the resident agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by this article and that such insurer will not cancel the policy except upon giving 30 days’ notice in writing to the city; and that the certificate shall be filed for an annual period beginning January 1 and ending December 31 of such year.

(Code 1985)

4-311 Excavations.

When it appears that the laying or repairing of any water or sewer pipes or the making of any connection therewith shall require excavation in any street, alley or public way of the city or the cutting or removal of any pavement, curb or gutter or any sidewalk, during the course of such work, the application for a permit shall so state and describe the location and extent of the excavation, cutting or removal. Before the city clerk shall issue any permit for such work, the applicant shall pay any fee required by this code. All excavations shall be barricaded and guarded as provided by the appropriate sections of this code. Before any such excavation shall be backfilled, new plumbing work therein shall be inspected and the bottom of the excavation holding any sewer, drain or water pipe shall be so filled, leveled and tamped as to properly support the pipe and permit proper drainage when carrying sewage, and the excavation shall be backfilled and all paving, curbing, guttering or sidewalks shall be restored as near as possible to their last condition, subject always to the approval of the plumbing inspector or the superintendent of streets.

(Code 1985)

4-312 Severability.

If any section of the International Plumbing Code shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then such section shall be considered separate and apart from the remaining provisions of the Uniform Plumbing Code, the section is to be completely severable from the remaining provisions which shall continue in full force and effect.

(Code 2005)