DIVISION 3: ADMINISTRATION OF PLUMBING STANDARDS OF NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE
[Ord. of 8-6-1973, § 1; Ord. of 12-19-1991, § 2]
This division applies to the administration and enforcement of the plumbing and heating equipment standards of the New York State Uniform Fire Prevention and Building Code.
[Ord. of 8-6-1973, § 1; Ord. of 12-19-1991, § 3; Ord. No. O-06-2, § 2]
All plumbing work, both public and private, in the City shall be performed pursuant to the Uniform Fire Prevention and Building Code and shall come under the provisions of this article. The Plumbing Board and the Plumbing Inspector shall have jurisdiction over all the plumbing work performed within the building line of any building in the City of Poughkeepsie pursuant to the Uniform Fire Prevention and Building Code applicable to plumbing. The City Engineer shall have jurisdiction over all laterals and water and sewer services from the building line to and including the connection with the City sewer and water system.
All gas and oil heat-producing equipment installed in the City of Poughkeepsie, both new and replacement, shall come under the provisions of this article. The Plumbing Inspector shall have jurisdiction over all oil or gas heat-producing equipment and all fuel piping of such equipment.
[Ord. of 8-6-1973, § 1]
Work in progress on the effective date of this article and work for which the plans have heretofore been approved are excepted from the provisions of this article and shall be performed in accordance with the Plumbing Code, local laws, rules and regulations and ordinances in force and effect prior to the effective date of this article.
[Ord. of 8-6-1973, § 1; Ord. No. O-10-16, § 1]
The Plumbing Inspector shall meet the qualification of the Building Inspector as defined in Section 6-19 of this chapter.
[Ord. of 8-6-1973, § 1; Ord. of 12-19-1991, § 4; Ord. of 9-7-1993, § 2; Ord. of 10-9-1997, § 1; Ord. No. O-06-2, § 3; Ord. No. O-07-24, § 1]
Administration and enforcement. Except as otherwise specifically provided by law, ordinance or regulation or except as herein otherwise provided, the Plumbing Inspector shall administer and enforce all of the provisions of laws, ordinances and regulations applicable to all plumbing and drainage work and heating equipment installations in the City, but shall not issue a permit until a building permit is first obtained from the Building Inspector on any new construction or alteration exceeding $2,000 for plumbing or drainage work, unless for modifications of floors, walls, or ceilings or creating a new space.
No building permit is required to be submitted for replacement of existing boilers or furnaces, or near boiler piping.
A building permit is required when new heating systems are installed, or there are modifications of floors, walls, ceilings, or creating a new space, or if a new chimney is installed.
Permits; certificates; fees. (S)he shall issue all permits for plumbing, drainage or heating work and certificates of approval and charge the fees as established by the Plumbing Board or Building Inspector.
Revocation of permit or certificate. (S)he may revoke a permit or certificate of approval if there is a violation of any provision of this article or any false statement or misrepresentation in the application, plans or specifications.
Inspection, approval of work. (S)he shall inspect the construction and alteration of all plumbing and heating work performed in the City pursuant to the Uniform Fire Prevention and Building Code applicable to plumbing and heating. (S)he shall inspect the installation or replacement of all gas and oil heating equipment, including gas piping. No connections shall be made to water within his or her jurisdiction. (S)he shall inspect all water meters and reading devices to determine compliance with the applicable sections of this Code of Ordinances. No certificate of occupancy shall be granted by the Building Inspector until final inspection and approval of the plumbing and/or heating work and water meters and reading devices by the Plumbing Inspector. Application for final inspection must be made by the plumber or permit holder within 10 days after the plumbing or heating work has been completed. (S)he will inspect, at the request of the Commissioner of Public Works or City Engineer, waste water and storm drainage laterals to determine compliance with applicable sections of Chapter 14 1/2 of this Code and construction standards established by the City Engineer. The Plumbing Inspector shall make a monthly report, in writing, to the City Administrator and the Plumbing Board, for plumbing work, of his or her inspections and the results thereof.
Issuance of notices or orders. (S)he shall issue appropriate notices or orders to correct unsanitary or defective conditions, to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances or regulations.
[Ord. of 8-6-1973, § 1]
The Plumbing Inspector shall keep permanent official records of all transactions and activities conducted by him, including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices and orders issued. All such records shall be public records open for public inspection during business hours.
[Ord. of 8-6-1973, § 1; Ord. of 12-19-1991, § 5]
Wherever the Building Inspector is required to issue a permit for any building construction or for the alteration, repair or replacement of any building or parts thereof, the Building Inspector or his or her duly appointed subordinate shall see that the plumbing, drainage and heating details are set forth on all plans and specifications to be submitted to the Building Inspector prior to the issuance of the building permit. For all work which requires a building permit, the fees, as set forth in Section 6-26, shall be paid by the building contractor or owner before the plumbing or heating permit is issued by the Plumbing Inspector.
The City Engineer shall not issue a permit to anyone to connect with the sewers or with the water mains unless such person has obtained and shall produce a certificate of competency from the Plumbing Board or a special permit from the Plumbing Inspector.
[Ord. of 8-6-1973, § 1; Ord. of 12-19-1991, § 6; Ord. of 7-20-1992, § 2; Ord. of 6-6-1994, § 3; Ord. of 6-6-1996, § 2; Ord. No. O-06-2, § 4]
Plumbing work. Before any plumbing work requiring authorization according to the provisions of this article shall be started, a permit shall be obtained from the Plumbing Inspector, except that no such permit shall be required for repairs involving only the working parts of a faucet or valve, the clearance of stoppages or stopping of leaks or the replacement of a defective faucet or valve. This permit shall be obtained by the master plumber who or whose firm has been employed to do the plumbing work or by a homeowner as provided in Subsection (b) below.
Homeowner's plumbing permit. The owner of a one- or two-family owner-occupied dwelling used exclusively for residential purposes may obtain a permit to perform plumbing work as provided in this subsection. To obtain a permit a homeowner must satisfactorily pass a plumbing examination created by the Plumbing Board pursuant to the guidelines as set forth in Section 6-136(b) of this chapter. This examination shall be required only for the first permit applied for by a homeowner and not thereafter. A homeowner will be limited, under this permit, to plumbing performed within building lines only. No work under the homeowner's plumbing permit shall be performed on sanitary sewers, water service lines, water meters or gas piping or on any public right-of-way or within any City street. As a condition to a permit being issued for plumbing work performed by a homeowner, the homeowner must certify to the Plumbing Inspector that he/she will comply with New York State law.
Septic tanks or cesspools. Special permission must be obtained from Dutchess County Board of Health and the Superintendent of Public Works for the installation of septic tanks or cesspools before a permit can be issued by the Plumbing Inspector. Septic tanks and cesspools not otherwise provided for by this article shall be in accordance with Bulletin No. 1, New York State Department of Health.
Editor's Note: Said bulletin is available in the City offices.
Heating equipment. Before any heating work requiring authorization according to the provisions of this article shall be started, a heating permit shall be obtained from the Plumbing Inspector, except that no such heating permits shall be required for heating repairs involving the working parts of a control or parts in the heating system, the installation of baseboard heat radiators, convectors and interconnecting piping, except for connection of water and heat piping to the heating equipment, and the repair and servicing of oil and gas heat-producing equipment. No heating permit shall be required for the installation of water heaters, except for installation of gas or oil piping and flue piping. However, a plumbing permit shall be required for the connection of the water heater to the potable water system. Any gas or oil heat-producing equipment installation or replacement shall require a heating permit. This permit shall be obtained by a heating contractor, licensed to do work pursuant to Section 6-179 of this chapter, who or whose firm has been employed to do the heating work. Oil and gas installation shall be conducted in accordance with the standards of the National Fire Prevention Association and the standards of the New York State Fire Prevention and Building Code.
Water connections. Before any water connection on heat producing equipment is performed, a water connection permit shall be obtained from the Plumbing Inspector. This permit shall be obtained by a person or firm who is licensed to install heat-producing equipment pursuant to Section 6-179 of this chapter and who has been issued a special permit limited to water connections to heat producing equipment pursuant to Section 6-176 of this chapter.
Penalty. Any person, business, partnership or corporation who violates any provisions of this section shall be liable for a penalty of $250 per day of violation or imprisonment not exceeding six months.
[Ord. of 8-6-1973, § 1; Ord. of 12-19-1991; § 7; Ord. of 7-20-1992, § 3; Ord. of 3-15-1993, § 2; Ord. of 5-1-1995, § 2; Ord. of 6-6-1996, § 3; Ord. No. O-08-18, § 1]
Permits for plumbing work shall be issued by a Plumbing Inspector to licensed and registered master plumbers and to any person now authorized under Section 6-145 to perform plumbing work in one- and two-family dwellings as set forth in that section.
Permits for installing new or replacement oil or gas heat-producing equipment shall be issued by the Plumbing Inspector. Said permit shall be issued to individuals or firms licensed to make such installation by the Plumbing Inspector, pursuant to Section 6-179 of this chapter and to any person now authorized under Section 6-145 to perform said work. All licenses that have been issued by the Chief of the Fire Department shall be valid until the expiration thereof.
Special permits for plumbing work may be issued by the Plumbing Inspector to any person holding a master plumber's license issued by a municipality of the State of New York, which has adopted the standards of the New York State Uniform Fire Prevention and Building Code applicable to plumbing to perform a specific job of plumbing work in the City of Poughkeepsie. Such permit may be granted without examination, upon application to the Plumbing Inspector and upon the payment of a fee of $350 for each job. Such permit, and the work performed thereunder, shall be subject to the other provisions of this Code and shall expire when the specified job is completed. Limit of three permits per calendar year.
[Ord. of 8-6-1973, § 1; Ord. of 12-19-1991, § 8; Ord. of 7-20-1992, § 4]
No permit shall be issued until specifications and plans showing necessary details of all water pipe, sewer pipe, plumbing fixtures, heating equipment and necessary heating piping have been submitted to the Plumbing Inspector by the plumbing contractor, heating contractor, architect, engineer or owner, and these plans have been approved and signed by the Plumbing Inspector.
If the plans indicate that any provisions of this article are not being complied with, they shall be rejected and no permit issued until they have been revised to comply with this article.
If in the course of the work it is found necessary to make any change from the approved plans, specifications or work, revised plans and specifications shall be submitted and a supplementary permit shall be issued to cover the change before any part of the change is commenced.
[Ord. of 8-6-1973, § 1; Ord. of 5-21-1990, § 2; Ord. of 12-19-1991, § 9; Ord. of 7-20-1992, § 5; Ord. of 5-1-1995, § 3; Ord. of 12-4-1997, § 2; Ord. of 5-28-2002, §§ 1, 2; Ord. of 12-6-2004; Ord. No. O-11-01, 1-3-2011, § 5]
A fee schedule shall be established by resolution of the Common Council of this City. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the issuance of all permits and/or certificates issued by the Department of Development pursuant to the administration of the Plumbing Code and the administration of plumbing standards of New York State Uniform Fire Prevention and Building Code.
[Ord. of 8-6-1973, § 1; Ord. of 6-6-1994, § 4]
Upon receipt of written notice from the Plumbing Inspector, the owner or lessee of real property shall be required to correct, within three days, any and all unsanitary or defective conditions which are likely to have an immediate detrimental effect upon the public health. He shall also correct, upon proper notice and within the time specified by the Plumbing Inspector, other unsanitary or defective conditions which may over a period of time have an immediate detrimental effect upon public health. Any person, business, partnership or corporation who violates this section shall be liable for a penalty of $100 and, for a continuation of such violation, to an additional penalty of $10 per day or imprisonment of nor more than six months.
[Ord. of 8-6-1973, § 1; Ord. of 5-6-1980, § 2; Ord. of 12-17-1991, § 10]
The Plumbing Inspector or his/her subordinate or representative shall have the right to inspect any plumbing or heating system at such time as may be deemed necessary to protect the public health from an immediate danger. All other inspections shall be made at a reasonable time, in accordance with Section 6-29.
[Ord. of 8-6-1973, § 1; Ord. of 12-19-1991, § 11]
Upon the satisfactory completion and final inspection of the plumbing or heating system, a certificate of approval shall be issued by the Plumbing Inspector to the owner.
[Ord. of 8-6-1973, § 1]
Any master plumber or owner of real property upon which plumbing work pursuant to this Code is being undertaken who shall feel aggrieved by any action or ruling of the Plumbing Inspector in connection with plumbing work may appeal said action or ruling to the Plumbing Board. Said appeal shall be in writing and shall be made in accordance with the procedures to be prescribed by the Plumbing Board. The decision of the Plumbing Board on such appeal shall be final.
[Ord. of 9-7-1993, § 3; Ord. of 5-1-1995, § 4; Ord. of 6-18-1998, §§ 1, 2]
Water meters. All water meters must be procured from the City of Poughkeepsie and shall be the property of the City of Poughkeepsie. All meters shall be installed at the expense of the property owner in such location, position and manner as to be readily accessible for reading and repair and kept free from obstruction and shall be fully protected from freezing and damage at the property owner's expense. Remote reading devices may be installed by the city at locations on the outside surfaces of buildings, suitable to the city's building system, and may not be removed or damaged. Cables and/or wires connecting such devices with the meter shall be protected from damage by the property owner. A penalty of $100 will be imposed when a meter up to two inches or $200 for a meter larger than two inches is damaged by freezing or other negligence on the part of the property owner of the premises and/or when a remote reading cable and/or head is damaged by the property owner's negligence. Such penalty shall be in addition to the actual cost incurred by the city for the repair or replacement of the damaged meter. Said penalty and cost shall be charged against the land on which the building exists, as a municipal lien, or shall be added to the tax roll assessment or shall be levied as a special tax against the land upon which the building stands or shall be recovered in a suit at law against the owner. All meters, cables, remote reading heads and all other equipment accessory to the meters shall be under the exclusive control and be subject to inspection at all times by the Plumbing Inspector, City Water Department and/or other agents authorized by the City of Poughkeepsie. The Plumbing Inspector shall have the power and authority to cite any violations of this or any other chapter of the Code of Ordinances relative to water meters as authorized in Section 6-142 of this chapter.
Master pits. All underground meter pits and backflow preventor pits must be constructed to City of Poughkeepsie specifications. Copies can be obtained from the Engineering Department. Pits must be kept free of debris and garbage and accumulation of water. When any water meter two inches or less in size that is located in a pit must be replaced, the water meter must be raised at least 18 inches from ground level upon replacement. A violation of this section will result in a civil penalty or fine of $100 for each week the violation remains unabated.
Bypasses. Meters that are installed inside buildings cannot have a bypass. A violation of this section shall result in a civil penalty or fine of $100.
Duty to disconnect the water supply and water meter ready devices. It shall be the duty of any owner, agent or operator of a building to disconnect or shut off the connection to the city water supply and remove the water meter and reading device and return said meter and device to the city within 10 days after such building has been vacated, if so directed by the Building Department. Where an order to vacate has been served on the owner, agent, operator or occupant of such building, as provided in Section 6-35, the notice may state that the owner, agent or operator shall make such disconnection and furnish such certificate within 10 days after vacation of the premises. If the provisions of this section are not complied with, the Plumbing Inspector may serve written notice upon the owner, agent or operator of such building to comply with the provisions of said section. Such written notice shall be sent by certified mail to such owner, agent or operator, or if such owner, agent or operator is unknown, such notice may be affixed to or posted upon said building. Such notice shall require compliance with the provisions of this section within 48 hours after the date of mailing or posting of such notice as aforesaid. If the person upon whom such notice is served fails, neglects or refuses to disconnect or shut off the water supply and water meter from such premises within 48 hours after the date of mailing or posting of such notice, the Plumbing Inspector shall notify the Water Department to disconnect the water supply and water meter. The actual cost to the city of disconnecting the water supply and water meter, plus a sum equal to 5% of such cost for inspection and other additional costs in connection therewith, shall be certified by the Plumbing Inspector and the Water Department to the Commissioner of Finance. The amount thereof shall become a lien upon the property, and the total amount thereof shall be added to and become a part of the next annual assessment roll at the time and in the manner prescribed by the Charter and/or Code of Ordinances of the city and subject to all the provisions thereof.
[Ord. of 9-7-1993, § 4; Ord. of 6-18-1998, § 3]
All water passing through a meter will be charged for, whether used or wasted. Meters will be tested at the property owner's request if the city believes there are reasonable grounds to establish that the meter is functioning improperly. If the meter is found to be accurate, the owner shall bear the expense of the test. A meter may be tested for accuracy at the discretion of the City of Poughkeepsie. Should a meter of a size two inches or less be found to be inaccurate, the city shall replace the meter or bear the cost of repair. Should a meter of a size greater than two inches be found to be inaccurate, the property owner shall, upon written notification by the Plumbing Inspector, have said meter repaired or replaced within 15 days of such notice at the property owner's expense. Upon the failure of the owner to repair or replace the meter as ordered by the Plumbing Inspector, the city shall be authorized to repair or replace the meter. The actual cost for repair or replacement of the meter and a service charge of 25% of the actual cost of repair or replacement shall be certified by the Plumbing Inspector to the Commissioner of Finance and the amount thereof shall thereupon become a lien upon the property on which such meter is located and the total amount thereof shall be added to and become part of the next annual assessment roll at the time and in the manner prescribed by the Charter and/or Code of the city. In addition, failure to repair or replace the meter on a nonresidential property within 15 days shall result in the shutoff of the water to the property until the meter is repaired or replaced. In all cases the property owner must arrange for and bear the cost of installation of the meter. If a meter gets out of order and fails to register correctly, the owner will be charged the average daily consumption as shown by the meter when in accurate working condition under circumstances comparable to the time period being estimated.
Property owners with meter(s) of a size greater than two inches shall be required to provide the city access to have the meter(s) tested and calibrated from time to time, at the city's discretion. The Plumbing Inspector shall make the necessary arrangements to have the meters tested and calibrated by an American Water Works Association (AWWA) certified company, which must provide written certification to the Plumbing Inspector within 30 days of the testing and calibration that the meter has been tested and calibrated and meets AWWA accuracy standards. Upon the failure of a property owner to provide the city access for said testing and calibration, the Plumbing Inspector shall refer the matter to the Corporation Counsel to obtain a court order allowing access for this purpose.
[Ord. of 9-7-1993, § 5]
No person shall interfere or tamper in any way with the meter or meter accessories or the valves and fittings connected thereto. Any person violating the provisions of this section shall be subject to a civil penalty or fine of $100 for a water meter of two-inch size or less and $200 for a water meter larger than two inches.
Appropriate language, giving notice of the conduct prohibited by this section, shall be imprinted on all water bills in letters of the same size as the billing information.
[Ord. of 9-7-1993, § 6]
It shall be unlawful for any unauthorized person to willfully deface, mar, injure, disturb, break or destroy the seal of any water meter in the City of Poughkeepsie. Violation of this section shall be punishable by a civil penalty or fine of $100 in the case of a meter of two inches or less and $200 in the case of a meter of more than two inches.
Appropriate language, giving notice of the conduct prohibited by this section, shall be imprinted on all water bills in letters of the same size as the billing information.
[Ord. of 9-7-1993, § 7]
No person or persons are permitted to open any fire plug or hydrant to draw water so as to bypass the water meter of any premises receiving the benefit of the water except under the direction of or with authorization of the city. Any violation of this section shall result in a civil penalty or fine of $100 for each incident of such prohibited use.
[Ord. No. O-13-06, 7-8-2013, § 1]
Effective from the date of passage of this section, the City, or agents of the City, shall replace all nonconforming water meters at its own expense. The City, or any agent of the City, shall be granted access to any building, dwelling or structure to replace all nonconforming water meters. Any property owner, or any employee or agent of any property owner, who fails to provide access to their property or otherwise interferes with the installation of new meters shall pay a surcharge of 100% on all water billings until such time as the nonconforming water meter has been replaced, plus the cost of installation of the new meter.