[Ord. 2039, 4/9/2007; as amended by Ord. 2159, 12/12/2016]
A certain document, three copies of which are on file in the
office of the Licensing and Inspections Director of the Borough of
Pottstown, being marked and designated as the "International Plumbing
Code, 2009 Edition," as published by the International Code Council,
be and is hereby adopted as the Plumbing Code of the Borough of Pottstown,
in the State of Pennsylvania, regulating and governing the design,
construction quality of materials, erection, installation, alteration,
repair, location, relocation, replacement, addition to, use and maintenance
of plumbing systems as herein provided; providing for the issuance
of permits and collection of fees therefor; and each and all of the
regulations, provisions, penalties, conditions and terms of said Plumbing
Code on file in the office of the Borough of Pottstown are hereby
referred to, adopted and made a part hereof as if fully set out in
this Part, with the additions, insertions, deletions and changes,
if any, prescribed in § 402 of this Part.
[Ord. 2039, 4/9/2007; as amended by Ord. 2159, 12/12/2016]
1.Â
The following sections are hereby revised/amended.
A.Â
Section 101.1 - Borough of Pottstown.
B.Â
Section 106.6.2 - The Borough of Pottstown Fee Resolution, as amended.
C.Â
Section 106.6.3 - 50%, and 75%.
D.Â
Section 108.4 - Summary offense, $1,000; 30 days.
E.Â
Section 108.5 - Not less than $50 or more than $1,000.
F.Â
Section 305.6 - The minimum frost depth for the Borough of Pottstown
is 36 inches, and water services shall be a minimum of 42 inches below
finished grade.
G.Â
Section 305.6.1 - Eight feet for all depth of connections to the
public system. The depth for private systems will be determined by
the Montgomery County Health Department.
H.Â
Section 904.1 - 12 inches.
2.Â
The following additional section shall be created and incorporated into Chapter 1, Administration, and provide as follows:
Required Licenses.
Plumber's License. No person shall engage in the practice of
plumbing, either on his or her own behalf or on behalf of another,
either as a master plumber or journeyman plumber, until such person
has presented proof that he or she was licensed by the Borough prior
to the adoption of this chapter, has a valid license from the International
Code Council, Inc., to perform such work, or a master plumber who
is duly licensed to practice as a master plumber in any of the political
subdivisions of the Commonwealth of Pennsylvania with a similar testing
procedure shall be permitted to engage in business in the Borough
of Pottstown providing proof of such testing and that such person
shall register with the Department of Licensing and Inspection of
the Borough of Pottstown.
[Ord. 2039, 4/9/2007]
All ordinances or parts of ordinances of the Borough, including but not limited to Part 4, BOCA National Plumbing Code, of Chapter 5, Code Enforcement, of the Code of Ordinances of the Borough of Pottstown, as amended, which are inconsistent with this Part shall be and the same expressly are repealed.
[Ord. 2039, 4/9/2007]
If any section, subsection, sentence, clause or phrase of this
Part is for any reason held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portions of
this Part. The Burgess and Town Council of the Borough of Pottstown
hereby declares that it would have passed this Part, and each section,
subsection, clause or phrase thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses and phrases
be declared unconstitutional.
[Ord. 2039, 4/9/2007]
Nothing in this Part or in the Plumbing Code hereby adopted
shall be construed to affect any suit or proceeding impending in any
court, or any rights acquired, or liability incurred, or any cause
or causes of action acquired or existing, under any act or ordinance
hereby repealed as cited in § 403 of this Part; nor shall
any just or legal right or remedy of any character be lost, impaired
or affected by this Part.
[Ord. 2039, 4/9/2007; as amended by Ord. 2159, 12/12/2016]
It is the intent of the Burgess and Town Council of the Borough
of Pottstown to adopt the International Plumbing Code, 2009 Edition.
However, in the event that the State of Pennsylvania prepares and
adopts a later version as amended and modified by the Pennsylvania
Uniform Construction Code (Act 45), 34 Pennsylvania Code Part XIV,
that most recent tri-annual edition of the International Plumbing
Code that is in equivalent cycle with the adopted UCC will become
the most recent edition of the International Plumbing Code and shall
become part of the Code of Ordinances of the Borough of Pottstown
without the need for the adoption of any future amending ordinance.
[Ord. 2039, 4/9/2007]
This Part and the rules, regulations, provisions, requirements,
orders and matters established and adopted hereby shall take effect
and be in full force and effect immediately upon enactment.
[Ord. 1266, 4/10/1972, § 20; as amended by Ord.
2159, 12/12/2016; and by Ord. No.
2194, 3/9/2020]
1.Â
No person other than a master plumber who is registered with and
licensed by the Department of Licensing and Inspection shall be allowed
to carry on or engage in the business of plumbing or house drainage
within the Borough, nor shall any journeyman plumber in that person's
employ or under that person's supervisions be allowed to alter, repair
or make any connection with any water, drain, soil, waste or vent
pipe or any pipe, fixture or fixtures connected therewith; provided,
however, that an owner-occupant of single-family dwelling or semidetached
dwelling may engage in plumbing for that property only.
A.Â
An owner-occupant may establish that status by providing documentation
demonstrating ownership such as a deed, mortgage, or other similar
document and then occupancy by providing documentation such as a current
driver's license or state-issued identification showing the property's
street address, or an employer statement sent to the property address
with the person's name.
2.Â
No person other than a master plumber who is registered with and
licensed by the Department of Licensing and Inspection shall advertise
for or otherwise solicit any plumbing or house drainage business within
the Borough.
[1]
Editor’s Note: Former § 412, Board of Examiners,
adopted by Ord. 1266, 4/10/1972, § 21, was repealed by Ord. 2159,
12/12/2016.
[1]
Editor’s Note: Former § 413, Application, adopted
by Ord. 1266, 4/10/1972, § 22, was repealed by Ord. 2159, 12/12/2016.
[1]
Editor’s Note: Former § 414, Examination and Fees,
adopted by Ord. 1266, 4/10/1972, § 23, as amended, was repealed
by Ord. 2159, 12/12/2016.
[1]
Editor’s Note: Former § 415, Place of Business
and Sign, adopted by Ord. 1266, 4/10/1972, § 24, was repealed
by Ord. 2159, 12/12/2016.
[Ord. 1266, 4/10/1972, § 25, as amended by Ord.
2159, 12/12/2016]
Every registered master plumber, firm or corporation shall give
immediate notice of any change in his, their or its place of business,
and on his, their or its retirement from business shall surrender
his, their or its certificate of registration to the Department of
Licensing and Inspection. The regular employment in any occupation
other than the business of plumbing or the entering into the employ
of another master plumber for more than a period of 90 days shall
be deemed a retirement. The Plumbing Inspector shall report and recommend
the revocation of registration of any licenses not making such surrender
as provided.
[Ord. 1266, 4/10/1972, § 26, as amended by Ord.
2159, 12/12/2016]
At the expiration of each calendar year, such certificate of
license shall be null and void. A licensed master or journeyman plumber
desiring to continue or work at the business of plumbing and house
drainage for the ensuing year shall, between the first and 31st of
December of each and every year, surrender such certificate of license
for the current year to the Department of Licensing and Inspection
and reregister his, their or its name or names and the post office
address upon such form or forms as may be furnished by the Department
of Licensing and Inspection.
[Ord. 1266, 4/10/1972, § 27; as amended by Ord.
1379, 3/14/1977, § 17; by Ord. 1499, 12/28/1983, § 3;
by Ord. 1641, 5/14/1990, § 2; and by Ord. 1735, 4/12/1993]
A re-examination will not be necessary for re-registration unless
the licensed Master or Journeyman Plumber shall fail to make application
at the specified time. A sum, in an amount as established from time
to time by resolution, shall be paid for the re-registration of Master
Plumbers, firms or corporations, and a sum, also in an amount as established
from time to time by resolution, shall be paid by Journeyman Plumbers.
[Ord. 1266, 4/10/1972, § 28; as amended by Ord.
1379, 3/14/1977, § 18; by Ord. 1495, 10/17/1983; by Ord.
1641, 5/14/1990, § 3; and by Ord. 1735, 4/12/1993]
1.Â
Persons 18 years and over may be employed as apprentices at the plumbing
trade and must be registered with the Health Officer. Apprentice registration
shall be in an amount as established from time to time by resolution,
payable annually.
2.Â
Apprentices shall serve a period of three full years of active employment
in the trade. Apprentices are permitted to install any plumbing or
drainage work only when accompanied by and under the observation and
supervisions of a registered plumber. In the event that a Master Plumber
employing an apprentice orders or permits such apprentice to perform
any work in violation of this apprenticeship clause, such offense
shall be held to be an act of the Master Plumber and a violation of
these regulations. The Plumbing Examining Board will not receive any
application from any person not properly registered as an apprentice.
[1]
Editor’s Note: Former § 420, Registration of Persons,
Firms and Corporations Previously Registered in Other Political Subdivisions
of Pennsylvania, adopted by Ord. 1266, 4/10/1972, § 29, as amended,
was repealed by Ord. 2159, 12/12/2016.
[Ord. 1266, 4/19/1972, § 31; as amended by Ord.
1735, 4/12/1993; and by Ord. 2159, 12/12/2016]
1.Â
Any person or persons, firm or corporation who or which shall fail
to comply with any of the provisions of this Part regarding the procuring
of a license or certificate to engage in or work at the business of
plumbing or house or building drainage shall, upon conviction thereof,
for a first offense be liable to a penalty of not less than $50 or
more than $1,000 and costs of prosecution, and for a second or subsequent
offense, to a penalty of not less than $100 or more than $1,000 and
costs of prosecution. Provided, each and every day in which any person
or persons, firm or corporation shall engage in or work as such business
shall constitute a separate offense.
2.Â
In default of any penalty or costs imposed under this § 421,
the violator may be sentenced to not more than 30 days' imprisonment.
