[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 50-1979. Amendments noted where applicable.]
Adoption by reference: see Optional Third Class City Charter Law § 608(a) [53 P.S. § 41608(a)]; Third Class City Code § 2403(67) [53 P.S. § 37403(67)].
Emergency orders and appeals: see Ch. 8-301.
Public sewers: see Title 9, Part 5.
Water supply: see Ch. 9-701.
[Ord. No. 2-1987]
It is the intent and purpose of this chapter to adopt a modern plumbing code which will prescribe effective standards and minimum requirements for all plumbing work performed in the City. This chapter is designed to cover every and all facets of plumbing in order to insure that the citizens of Harrisburg are provided with safe, sanitary and well-performed plumbing work.
[Ord. No. 16-1994; amended 9-23-2003 by Ord. No. 25-2003]
In accordance with Section 608 of the Optional Third Class City Charter Law, Act of July 15, 1957, P.L. 901, as amended, 53 P.S. § 41608, and Section 4130 of the Third Class City Code, Act of June 23, 1931, as amended, 53 P.S. § 39130(b), there is hereby adopted by the City, for the purpose of prescribing specifications and regulations to ensure the safety, quality of construction, repair and maintenance of plumbing work and plumbing facilities within the City, that certain plumbing code known as the "International Plumbing Code, 2003 Edition," and all appendixes thereto, as supplemented and published by the International Code Council, except such provisions which are in conflict with regulations promulgated by the Pennsylvania Department of Labor and Industry interpreting the Uniform Construction Code pursuant to Section 301 of the Pennsylvania Construction Code Act, Act of November 10, 1999, P.L. 491, 35 P.S. § 7210.301, or any other state law on the subject or regulations issued by a state agency by virtue of a state law. Ten copies of the adopted Plumbing Code are presently on file in the office of the City Clerk, and such code is hereby incorporated as fully as if set forth at length herein. The provisions of the adopted Plumbing Code shall be controlling within the limits of the City, except as amended by the provisions of this chapter.
This chapter shall be known and cited as the "Plumbing Code of the City of Harrisburg," and it shall be administered by the Bureau of Codes Enforcement of the City or by any bureau, division, board, or representative of the City so designated by the Mayor.
[Added 9-23-2003 by Ord. No. 25-2003]
The following sections of the International Plumbing Code, 2003 Edition, as adopted herein, are hereby deleted in their entirety and replaced as indicated:
Chapter 1, Administration.
Section 101.1 is amended to read as follows:
Section 103.1 is amended to read as follows:
Section 106.6.3 is amended to read as follows:
Section 107.3.3 is amended to read as follows:
Section 108.4 is amended to read as follows:
[Amended 4-9-2013 by Ord. No. 3-2013]
Section 108.5 is amended to read as follows:
Section 109, Means of Appeal. This section is deleted in its entirety. See § 8-105.10 of the City's Codified Ordinances for appeal procedures.
Chapter 4, Fixtures, Faucets and Fixture Fittings.
Section 402.2 is amended to read as follows:
Chapter 6, Water Supply and Distribution.
Section 605.3, Water service pipe. Table 605.3 is amended by deleting the following materials: acrylonitrile butadiene styrene (ABS) plastic pipe, chlorinated polyvinyl chloride (CPVC) plastic pipe, polybutylene (PB) plastic pipe and tubing, and polyvinyl chloride (PVC) plastic pipe.
Editor's Note: This ordinance also repealed former § 8-105.4, Amendments to adopted code, as amended by Ord. Nos. 2-1987 and 16-1994.
[Ord. No. 2-1987]
As used in this chapter, certain terms are defined as follows, unless the context clearly indicates otherwise:
- APPRENTICE PLUMBER
- A person who, prior to the enactment of this code, has been issued an apprentice plumber's certificate or license or who, subsequent to the enactment hereof, is issued such a license or certificate by the Bureau of Codes Enforcement created hereunder by demonstrating to said Bureau that he or she is learning the plumbing trade by working with and assisting a journeyman or master plumber and by fulfilling all of the qualifications established by the Board for the issuance of such certificate or license, which qualifications shall be set forth in the rules and regulations promulgated by said Board.
- The Board of Plumbing appointed by the Mayor, with the advice and consent of Council, which Board exercises the power and authority set forth in this chapter.
- This chapter, as amended, together with any rules or regulations promulgated hereunder by the Bureau of Codes Enforcement or any other department, bureau, or division of the City authorized by the Mayor or otherwise to promulgate rules and regulations pertaining to the administration or enforcement of this code.
- JOURNEYMAN PLUMBER
- A person who, prior to the enactment of this code, has been issued a journeyman plumber's certificate or license or who, subsequent to the enactment hereof, is issued such license or certificate by the Bureau of Codes Enforcement created hereunder by demonstrating to said Bureau his or her skill at installing plumbing and by fulfilling all of the qualifications established by the Board for the issuance of such certificate or license, which qualifications shall be set forth in the rules and regulations promulgated by said Board.
- MASTER PLUMBER
- A person who, prior to the enactment of this code, has been issued a master plumber's certificate or license or who, subsequent to the enactment hereof, is issued such license or certificate by the Bureau of Codes Enforcement by demonstrating to said Bureau skill at planning, superintending and installing plumbing and by fulfilling all of the qualifications established by the Board for the issuance of such certificate or license, which qualifications shall be set forth in the rules and regulations promulgated by such Board.
- OFFICIAL COPY
- That copy of the International Plumbing Code as adopted herein
and as the same may be from time to time amended, marked with the
words "City of Harrisburg, Official Copy," and appropriately amended
so as to reflect any differences with the International Plumbing Code.[Ord. No. 16-1994]
- PARTY LINE SEWER
- A building sewer line in common use by more than one property.
- PLUMBING INSPECTOR
- Any trained building or housing inspector capable of passing a written master plumbing reexamination or a master plumber who is appointed by the Mayor to determine if plumbing within the limits of the City of Harrisburg meets the requirements of this code.
- RESIDENTIAL PROPERTY OWNER
- A person who is the owner or co-owner of a building which contains no more than three dwelling units and is limited to residential use.
- RESIDENTIAL PROPERTY OWNER PLUMBER'S LICENSE
- A license issued to a residential property owner who, by passing an examination satisfactory to the Board, has qualified as a person competent to perform water and sewer plumbing work in property of which said person is the residential property owner. A residential property owner shall not be licensed to do any work on pipes or systems supplying or utilizing natural gas.
- SPECIAL LICENSE
- The license issued by the Codes Administrator to a person
or firm not normally doing plumbing work in the City upon presentation
of proper credentials, which shall include a plumber's license
equivalent to a master plumber's license as issued by the Bureau
of Codes Enforcement. The special license shall be for a specific
job or construction project, and its validity will terminate upon
completion of this work. Should such firm or individual desire to
obtain further work in the City, he or she shall be required to fulfill
all requirements as defined by this chapter.[Added 11-28-2006 by Ord. No. 14-2006]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
[Ord. No. 2-1987; Ord. No. 9-1996]
Official copies of the code to meet the normal demands of the public, but not fewer than 10, shall be kept on file with the City Clerk for inspection and use by the public and may be distributed upon request, when available, at a price determined by Council.
[Ord. No. 2-1987]
There is hereby established a Board of Plumbing which, for administrative purposes, is assigned to the Department of Building and Housing Development. The Board shall consist of five members, one a professional engineer, one a master plumber, one a journeyman plumber, one a lay member and one an employee of the City serving in the Department of Building and Housing Development. The member of the Board required to be a lay member shall be a resident of the City. Each technical member of the Board shall have at least five years' experience in his or her respective field. Board members shall be appointed by the Mayor and shall be confirmed or rejected by Council within 30 days of the date of the appointment, or the appointment shall be deemed approved. The Mayor shall appoint a Board member within 90 days of the occurrence of a vacancy. If the Mayor does not act on a vacancy within such time, the authority to appoint said member shall vest with Council; provided, however, that each member shall serve until a successor is appointed. Each member of the Board shall serve for a term of three years commencing from the date of appointment, except that two persons initially appointed to the Board shall be chosen for the term of three years, two for a term of two years, and one for a term of one year.
[Ord. No. 16-1994]
The Board shall meet at such times as may be necessary for the proper performance of its duties and at the call of the Director of the Department of Building and Housing Development.
The Board shall have the power to issue and revoke plumbing certificates and licenses issued hereunder or which were issued by the City prior to the enactment of this code in accordance with the provisions of § 8-105.9. The Board shall have the power to consider appeals from parties aggrieved by the administration of this code in accordance with the provisions of § 8-105.10. The Board shall have the power to promulgate rules and regulations for the purpose of implementing the powers which are conferred upon it pursuant to the provisions of this code.
Ord. No. 16-1994
The Department of Building and Housing Development, or any department, bureau or division so designated by the Mayor, is authorized and directed to administer and supervise the enforcement of this code and, in doing so, to provide for such procedures as it may deem necessary to disclose violations, to receive and provide for the investigation of complaints and to provide for the institution and prosecution of civil or criminal proceedings, or both, for violation or noncompliance with the provisions of this code, as may be proper under the circumstances involved. To the extent that violation of any provision of this code creates an imminent danger to the health, welfare, or safety of any person or property, such provision may be enforced by proceedings in equity in any court having jurisdiction for the purpose of obtaining relief.
The Department of Building and Housing Development, or any department, bureau, or division so designated by the Mayor, is hereby empowered to promulgate rules and regulations in furtherance of the purpose of this code, and not inconsistent with the specific provisions of this code, for installation, repair or alteration of plumbing systems or parts thereof, air-conditioning systems, water treatment equipment, and other water-operated devices as it may deem necessary to protect properly the water supply of the City, as well as such rules and regulations as may be required in order to effectively administer and enforce this code.
No rule or regulation promulgated pursuant to Subsection B hereof shall have any force or effect until a notice of the proposed rule or regulation containing the entire content thereof shall have been made available for public inspection at the office of the Director of Building and Housing Development for a period of three business days and advertised one time in a newspaper of general circulation during said three-day period in accordance with Section 109 of the Third Class City Code, 53 P.S. § 35109, as amended, and filed with the City Clerk in accordance with Section 609 of the Optional Third Class City Charter Law, 53 P.S. § 41609.
[Ord. No. 2-1987; Ord. No. 16-1994; amended 9-23-2003 by Ord. No. 25-2003; 11-28-2006 by Ord. No. 14-2006]
No person shall engage in the business of plumbing, either on his own behalf or on behalf of another person, either as a master, journeyman, apprentice, or residential property owner plumber, without first obtaining a license from the Bureau of Codes Enforcement; provided, however, that a residential property owner and the owner of an owner-occupied single-family dwelling may replace therein existing waste line traps, faucets, or plumbing fixtures such as sinks, lavatories, toilets or commodes, shower stalls, or bathtubs without a license. Additionally, emergency repairs to water supply lines may be accomplished without a license whenever a leak occurs; provided, however, that the work done is only so much as is necessary to stop the leak. No residential property owner is permitted to work on pipes or systems supplying or utilizing natural gas.
No license shall be issued or renewed by the Bureau unless the applicant files an application, on forms supplied by the Bureau, and presents evidence that he/she has passed the written examination corresponding to the type of license for which he/she has applied, as administered by the International Code Council. The application must contain the following information:
Name and address of the applicant;
Trade name and business address of the applicant, if applicable;
City mercantile license number of the applicant, if applicable;
Proof of any technical school training in plumbing received by the applicant;
Proof of the amount of practical experience in plumbing gained by the applicant;
City, state and federal employer identification number, if applicable;
Satisfactory proof of insurance, such as general liability insurance and workers' compensation insurance, if applicable;
Such other information as the Bureau deems necessary to determine the eligibility of the applicant, such as a list of all property owned by an applicant for a property owner's license.
The following fees are adopted by the Bureau of Codes Enforcement:
License fee. Before any license is issued or renewed to an approved applicant, the applicant shall pay a fee to the City Treasurer as follows:
License renewal. Any license issued hereunder may be renewed without examination, provided the application for such renewal is accompanied by the renewal fee prescribed above on or before January 1 of the license year. Where an applicant can show good and sufficient cause for inability to renew a license before January 1 of any year, the Codes Administrator may, within 30 days thereafter, permit the issuance, without examination, of a new license upon payment of the prescribed fee, plus a late fee of $30, for such new license within such 30 days.
Inactive license. Plumbers who are inactive or without work within the City limits may maintain their licenses in good standing by paying the standard renewal fees but need not maintain their mercantile license or liability insurance. Upon returning to work within the City, plumbers shall be issued licenses upon proof of the renewal of their mercantile license and liability insurance and payment of license fees for all years of inactivity.
Equivalency license. The Bureau or Plumbing Inspector may grant a license without examination to the holder of a substantially equivalent license from another jurisdiction in Pennsylvania upon being satisfied that the standards and qualifications required by the other jurisdiction are substantially equivalent to those required by the code and upon the payment of the applicable fee.
Before a master, journeyman, or residential property owner plumber's license is issued, the Board shall determine that the applicant is competent and qualified to practice plumbing on the level of the license for which the application is made and that the applicant is familiar with the provisions of the code. The written examination for a residential property owner plumber's license shall be limited to such knowledge as is necessary to perform plumbing work permitted by this chapter in compliance with the Plumbing Code of the City of Harrisburg. Any conviction for violating this code or any rule or regulation promulgated hereunder shall be taken into consideration in determining whether or not the applicant is competent and qualified. The Bureau of Codes Enforcement shall, within a period of 30 days from the filing of an application, either issue or deny the issuance of the license applied for and notify the applicant in writing of its decision. Any applicant may appeal the decision of the Bureau of Codes Enforcement denying the issuance of a license in accordance with the provisions of the Local Agency Law, Subchapter B of Chapters 5 and 7, Act of April 28, 1978, 2 Pa.C.S.A. §§ 105, 551 to 555 and 751 to 754, as amended. No license shall be transferable.
Each license shall be valid for the calendar year during which it is issued, and the full fee shall be payable irrespective of the date of issue.
The Codes Administrator or designee is empowered to reprimand, suspend or revoke any license issued pursuant to this chapter or any license issued by the City prior hereto on account of any violation of this code or any rule or regulations issued pursuant to which the reprimand, suspension or revocation was initiated. Such notice shall be served personally upon the licensee or licensee's agent at the place of business of the licensee in the City or at his or her residence, if said residence is located in the City. If the notice cannot be served on the licensee as aforesaid, then the notice shall be mailed to the residence of the licensee, addressed to the last known address, by certified mail, return receipt requested, at least five days prior to the hearing. The individual against whom action to suspend or revoke was initiated may appeal within five days following receipt of the notice to the Board, listing in detail the reasons the action was improper or circumstance which would mitigate against it. The Board shall schedule a hearing on the facts of the matter within 20 days following receipt of appeal. At the hearing, the licensee shall be given an opportunity to present testimony, oral or written, and shall have the right of cross-examination and to be represented by counsel. All testimony shall be made under oath and saved by sound recording. The Board shall have power to administer oaths, issue subpoenas, and compel the attendance of witnesses. The decision of the Board shall be in writing, be based upon evidence produced at the hearing and made a part of the record thereof, and shall be submitted to the licensee and to the Bureau of Codes Enforcement within 30 days from the date of the hearing. A person whose license has been revoked shall not be permitted to apply for a new license within one year from the date of revocation. However, a person whose license has been revoked may appeal such revocation to the courts in accordance with the provisions of the Local Agency Law, and, if the decision of the Board is finally reversed, the license shall be reinstated. Any court may grant a supersedeas, whereby the license of an appellant is restored pending a final determination of the appeal. A person whose license has been revoked and who is applying for a new license shall be reexamined and pay such fees as are prescribed in Subsection C hereof.
[Ord. No. 16-1994]
Any person, firm, corporation, association, or other entity who is aggrieved with a ruling, decision or action of any department, bureau or division of the City with regard to the administration or enforcement of any of the provisions of this Plumbing Code, except for those concerning license issuance and revocation, may appeal the ruling, decision or action complained of to the Building and Housing Code Board of Appeals of the City of Harrisburg in the manner and in accordance with the procedures set forth in Chapter 8-501 of the Codified Ordinances. Appeals regarding license issuance and revocation are to be filed with the Board of Plumbing of the City of Harrisburg, pursuant to §§ 8-105.7 and 8-105.9 of this code.
[Ord. No. 16-1994]
Any officer or employee of the Department of Building and Housing Development, or any officer or employee of the City so designated by the Mayor, is authorized to enter any building and make such inspections of plumbing installations and work as the Codes Administrator or member of the Board deems necessary or desirable. Inspections shall be made at reasonable hours. The purpose shall be to ascertain whether or not this code and the rules and regulations issued thereunder are being complied with. No person shall obstruct such inspection or fail, upon request, to give reasonable assistance relative to the performance of any inspection.
[Ord. No. 2-1987]
If any owner, operator or occupant of any building or structure, or the person in charge of any work being performed within the City, refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to any part of the building, structure, or work where an inspection authorized by this chapter is sought, the representative of the City attempting to make the inspection may seek to have issued a search warrant by a competent issuing authority for the purpose of compelling such owner, operator, occupant, or the person in charge of any work to permit the inspection of the building, structure or work involved for the purpose of determining whether any provision of this chapter is being violated.
[Ord. No. 2-1987]
No person, including an owner/occupant, shall perform any plumbing work within the City unless said person first obtains a plumbing permit from the Bureau of Codes Enforcement; provided, however, that no journeyman or apprentice plumber may obtain a permit, and no residential property owner or owner-occupant may obtain a permit to work on gas pipe systems; provided, further, that, in the event a permit is issued to an owner-occupant or a residential property owner, all work shall actually be performed by such person in accordance with the provisions of this code.
No plumbing permit shall be issued until the fee therefor has been paid and plans and specifications showing the proposed work in reasonable detail shall have been submitted to the Bureau of Codes Enforcement or the department, bureau or division so designated by the Mayor to receive applications and until the appropriate agency has determined from examination of such plans and specifications that the proposed work will conform with the provisions of this code. If a permit is denied, written notice thereof shall be provided to the applicant, who may submit revised plans and specifications as are necessary to obtain approval. If, in the course of work, it is found necessary to make any change from the plans and specifications pursuant to which the permit was issued, amended plans and specifications shall be submitted, and a supplemental permit shall be issued for the change upon the payment of any additional fees which may be found to be due therefor.
[Ord. No. 16-1994]
[Ord. No. 2-1987]
Any person engaged in the business of plumbing shall employ only licensed plumbers in the practice thereof.
[Ord. No. 16-1994]
A person who has obtained a plumber's license shall not allow his or her name to be used by another person, either for the purpose of obtaining permits or for doing business or work under the license. Every person shall notify the Bureau of Codes Enforcement, or the appropriate department, bureau or division so designated by the Mayor, of said person's residence address, if applicable, of the address of his place of business, and the name under which such business is carried on and shall give immediate notice to the agency of any change in any such information.
Every holder of a master plumber's license and engaged in the practice of plumbing in the City shall display in a conspicuous place in the entrance of the place of business a sign bearing the licensee's name and the words "Licensed Master Plumber" in letters not less than three inches high. Any such sign shall comply with the provisions of Title 7, Part 3, Zoning Code, and Chapter 8-101, Building Code, which relate to signs.
A person who has been issued a master plumber's license shall execute and deposit with the Department of Building and Housing Development a bond in the amount of $1,000, which shall be conditioned on the faithful performance of all the plumbing work by the licensee or done under his or her supervision in accordance with the provisions of this code, and on the further condition that he or she will pay all fines and penalties properly imposed for violation of the provisions of this code. A master plumber's license shall not be issued unless a bond has been executed and deposited as herein provided.
The Department of Building and Housing Development or any department, bureau or division as designated by the Mayor may make such rules and regulations in furtherance of the purposes of this code and not inconsistent with the specific provisions to give reasonable assistance relative to the performance of any inspection.
[Ord. No. 2-1987]
Construction of new party line sewers is prohibited.
Party line sewers in existence prior to the passage of this chapter may be repaired or replaced. If a property or properties containing such a line have been abandoned or not in use for a period of two years, and a City main sewer is located adjacent to said property or properties, then the reuse of said property will require the installation of a new private sewer line to the City main.
[Ord. No. 7-1992]
All new construction involving installation of a shower, other than within a hospital, shall be required to install a low-flow, restrictive-flow shower head.
All new construction involving installation of a toilet tank, which tank stores water used for sanitary flushing, shall be required to use a tank with a capacity not exceeding five gallons.
At all times an application for a plumbing permit is sought involving repair, restoration or rehabilitation work in any residential bathroom or a shower facility in any kind of structure, the low-flow, restrictive-flow type of shower head must be installed, if not already in place, irrespective of whether related to any other work planned or included in the plumbing permit.
In the event of a Commonwealth of Pennsylvania approved water drought emergency declaration issued by the Mayor, the Mayor may, as part of the declaration, require the mandatory conversion of shower heads in existing structures of any type to the low-flow, restrictive-flow shower heads for the purpose of assuring further water conservation and reducing energy consumption; and further, in the event of such a provision in the declaration, the requirement shall be thereafter mandatory on all property owners, other than hospitals.
[Amended 9-23-2003 by Ord. No. 25-2003]
Any person, whether individually or as a member or employee of a partnership, or any officer, agent or employee of a corporation who directs or knowingly permits any violation of any of the provisions of the sections of this Plumbing Code, or who aids or assists therein, either on his/her own behalf or in the interests of his/her employer or principal, or who fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved in accordance with this code or any certificate of approval issued thereto and from which no appeal has been taken, or who fails to comply with such order as affirmed or modified by the City shall, upon conviction thereof, severally and for each violation and noncompliance, respectively, be fined not less than $50 nor more than $1,000, plus costs, or shall be imprisoned in the Dauphin County Prison for not more than 90 days for each separate violation, or both. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all persons required to do so shall correct and remedy violations or defects within a reasonable time, and, when not otherwise specified, each five days that the prohibited conditions are maintained shall constitute a separate offense.
The application of the above penalty shall not prevent the enforced removal of the prohibited conditions or device or any other remedy at law or equity available to the City for enforcement of this chapter.