[Ord. No. 37-1996, § 1, 3-19-1996]
That certain document being marked and designed as the 1995 International Plumbing Code, including chapter 14 appendix B, C, E and F, published by the Building Officials and Code Administrators International, Inc., and International Conference of Building Officials, is hereby adopted as the code of the City for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems in the City, and providing for the issuance of permits and collection of fees therefor, and each and all the regulations, provisions, conditions and terms of such International Plumbing Code, 1995 edition, are hereby referred to, adopted and made a part of this article as if fully set out in this article. One copy is on file in the office of the plumbing inspector/building code official for the City.
[Ord. No. 37-1996, § 2, 3-19-1996; Ord. No. 25-2005, 12-7-2004]
The plumbing code adopted in section 74-61 is amended as follows:
(a)
Chapter 1, Administration, is amended to read as
follows:
Section 101.0. Title, scope, intent and severability.
101.1. Title. These regulations shall be known
as the Plumbing Code of the City of Belfast, hereinafter referred
to as "this code."
101.2. Scope. The provisions of this code shall
apply to the erection, installation, alteration, repairs, relocation,
replacement, addition to, use or maintenance of plumbing equipment
and systems within this jurisdiction, except single-family structures.
101.3. Intent. The purpose of this code is
to provide minimum standards to safeguard life or limb, health, property
and public welfare by regulating and controlling the design, construction,
installation, quality of materials, location, operation, and maintenance
or use of plumbing equipment and systems.
101.4. Severability. If any section, subsection,
sentence, clause or phrase of this code is for any reason held to
be unconstitutional, such decision shall not affect the validity of
the remaining portions of this code.
Section 102.0. Applicability.
102.1. General. The provisions of this code
shall apply to all matters affecting or relating to structures, as
set forth in section 101. Where, in any specific case, different sections
of this code specify different materials, methods of construction
or other requirements, the most restrictive shall govern.
102.2. Existing installations. Plumbing systems
lawfully in existence at the time of the adoption of this code shall
be permitted to have their use and maintenance continued if the use,
maintenance or repair is in accordance with the original design and
no hazard to life, health or property is created by such system.
102.3. Maintenance. All plumbing systems, materials
and appurtenances, both existing and new, and all parts thereof shall
be maintained in proper operating condition in accordance with the
original lawful design in a safe and sanitary condition. All devices
or safeguards which are required by this code shall be maintained
in compliance with the code edition under which installed. The owner
or the owner's designated agent shall be responsible for maintenance
of plumbing systems to be reinspected.
102.4. Additions, alterations or repairs. Additions,
alterations, renovations or repairs to any plumbing shall conform
to that required for a new plumbing system without requiring the existing
plumbing system to comply with all the requirements of this code.
Additions, alterations or repairs shall not cause an existing system
to become unsafe, insanitary or overloaded.
Minor additions, alterations, renovations and repairs to existing
plumbing systems shall be permitted in the same manner and arrangement
as in the existing system, provided that such repair or replacement
is not hazardous and is approved.
102.5. Change in occupancy. It shall be unlawful
to make any change in the occupancy of any structure which will subject
the structure to any special provisions of this code without approval
of the code official. The code official shall certify that such structure
meets the intent of the provisions of law governing building construction
for the proposed new occupancy and that such change of occupancy does
not result in any hazard to the public health, safety or welfare.
102.6. Historic buildings. The provisions of
this code relating to the construction, alteration, repair, enlargement,
restoration, relocation or moving of buildings or structures shall
not be mandatory for existing buildings or structures identified and
classified by the state or local jurisdiction as historic buildings
when such buildings or structures are judged by the code official
to be safe and in the public interest of health, safety and welfare
regarding any proposed construction, alteration, repair, enlargement,
restoration, relocation or moving of buildings.
102.7. Moved buildings. Except as determined
by section 102.2, plumbing systems which are a part of buildings or
structures moved into or within the jurisdiction shall comply with
the provisions of this code for new installations.
102.8. Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in chapter 14 and considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply.
102.9. Requirements not covered by code. Any
requirements necessary for the strength, stability or proper operation
of an existing or proposed plumbing system, or for the public safety,
health and general welfare, not specifically covered by this code
shall be determined by the code official.
Section 103.0. Department of plumbing inspection.
103.1. General. The department of plumbing
inspection is hereby created and the executive official in charge
thereof shall be known as the code official/plumbing inspector.
103.2. Appointment. The code official shall
be appointed by the municipal appointing authority of the jurisdiction,
and the code official shall not be removed from office except for
cause and after full opportunity to be heard on specific and relevant
charges by and before the appointing authority.
103.3. (Deleted.)
103.4. Restriction of employees. An official
or employee connected with the department of plumbing inspection shall
not be engaged in or directly or indirectly connected with the furnishing
of labor, material or appliances for the construction, alteration
or maintenance of buildings, or the preparation of construction documents
therefor, unless that person is the owner of the building, nor shall
such officer or employee engage in any work that conflicts with official
duties or with the interests of the department.
103.5 Relief from personal responsibility. The
code official, officer or employee charged with the enforcement of
this code, while acting for the jurisdiction, shall not thereby be
rendered liable personally, and is hereby relieved from all personal
liability for any damage occurring to persons or property as a result
of any act required or permitted in the discharge of official duties.
Any suit instituted against an officer or employee because of an act
performed by that officer or employee in the lawful discharge of duties
and under the provisions of this code shall be defended by the legal
representative of the jurisdiction until the final termination of
the proceedings. The code official or any subordinate shall not be
liable for costs in any action, suit or proceeding that is instituted
in pursuance of the provisions of this code; and any officer of the
department of building inspection, acting in good faith and without
malice, shall be free from liability for acts performed under any
of its provisions or by reason of any act or omission in the performance
of official duties in connection therewith.
Section 104.0. Duties and powers of the code official.
104.1. General. The code official shall enforce
all of the provisions of this code and shall act on any question relative
to the installation, alteration, repair, maintenance or operation
of all plumbing systems, devices and equipment, except as otherwise
specifically provided for by statutory requirements or as provided
for in sections 104.3 through 104.8.
104.2. (Deleted.)
104.3. Applications and permits. The code official
shall receive applications and issue permits for the installation
and alteration of plumbing, inspect the premises for which such permits
have been issued and enforce compliance with the provisions of this
code.
104.4. Inspections. The code official shall
make all of the required inspections, or the code official shall accept
reports of inspection by approved agencies or individuals. All reports
of such inspections shall be in writing and be certified by a responsible
officer of such approved agency or by the responsible individual.
The code official is authorized to engage such expert opinion as deemed
necessary to report upon unusual technical issues that arise, subject
to the approval of the City manager. The reasonably anticipated cost
of such opinion shall be borne and paid for through advance payment
to the City by the applicant for the cost of such expert opinion.
104.5. Right of entry. Whenever it is necessary
to make an inspection to enforce the provisions of this code, or whenever
the code official has reasonable cause to believe that there exist
in any building or upon any premises any conditions or violations
of this code which make the building or premises unsafe, insanitary,
dangerous or hazardous, the code official shall have the authority
to enter the building or premises at reasonable times to inspect or
to perform the duties imposed upon the code official by this code.
If such building or premises is occupied, the code official shall
present credentials to the occupant and request entry. If such building
or premises is unoccupied, the code official shall first make a reasonable
effort to locate the owner or other person having charge or control
of the building or premises and request entry.
When the code official shall have first obtained a proper inspection
warrant or other remedy provided by law to secure entry, no owner
or occupant or person having charge, care or control of any building
or premises shall fail or neglect, after proper request is made as
herein provided, to promptly permit entry therein by the code official
for the purpose of inspection and examination pursuant to this code.
104.6. Identification. The code official shall
carry proper identification when inspecting structures or premises
in the performance of duties under this code.
104.7. Notices and orders. The code official
shall issue all necessary notices or orders to ensure compliance with
this code.
104.8. Department records. The code official
shall keep official records of applications received, permits and
certificates issued, fees collected, reports of inspections, and notices
and orders issued. Such records shall be retained in the official
records of the City.
Section 105.0. Approval.
105.1. Modifications. Whenever there are practical
difficulties involved in carrying out the provisions of this code,
the code official shall have the authority to grant modifications
for individual cases, provided the code official shall first find
that special individual reasons make the strict letter of this code
impractical and that the modification is in conformity with the intent
and purpose of this code and that such modification does not lessen
health, life and fire safety requirements. The details of actions
granting modifications shall be recorded and entered in the files
of the plumbing inspection department.
105.2. (Deleted.)
105.3. (Deleted.)
105.3.1. Test methods. Test methods shall be
as specified in this code or by other recognized test standards. In
the absence of recognized and accepted test methods, the code official
shall approve the testing procedures.
105.4. (Deleted.)
105.4.1 through 105.4.6. (Deleted.)
105.5. (Deleted.)
Section 106.0. Permits.
106.1. When required. Any owner, authorized
agent or contractor who desires to construct, enlarge, alter, repair,
move, demolish or change the occupancy of a building or structure,
or to erect, install, enlarge, alter, repair, remove, convert or replace
any plumbing system, the installation of which is regulated by this
code, or to cause any such work to be done, shall first make application
to the code official and obtain the required permit for the work.
106.2. Exempt work. The following work shall
be exempt from the requirement for a permit:
1. The stopping of leaks in drains, water, soil, waste or vent
pipe; provided, however, that if any concealed trap or drainpipe becomes
defective and it becomes necessary to remove and replace the trap
or drainpipe with new material, such work shall be considered as new
work and a permit shall be obtained and inspection made as provided
in this code.
2. The clearing of stoppages or the repairing of leaks in pipes,
valves or fixtures, and the removal and reinstallation of water closets,
provided such repairs do not involve or require the replacement or
rearrangement of valves, pipes or fixtures.
Exemption from the permit requirements of this code shall not
be deemed to grant authorization for any work to be done in violation
of the provisions of this code or any other laws or ordinances of
this jurisdiction.
106.3. Application for permit. Each application
for a permit, with the required fee, shall be filed with the code
official on a form furnished for that purpose and shall contain a
general description of the proposed work and its location. The application
shall be signed by the licensed master plumber, the owner or an authorized
agent. The permit application shall indicate the proposed occupancy
of all parts of the building and of that portion of the site or lot,
if any, not covered by the building or structure and shall contain
such other information required by the code official.
106.3.1. Construction documents. Construction
documents, engineering calculations, diagrams and other such data
shall be submitted in two or more sets with each application for a
permit. The code official shall require construction documents, computations
and specifications to be prepared and designed by a registered design
professional when required by state law. Construction documents shall
be drawn to scale and shall be of sufficient clarity to indicate the
location, nature and extent of the work proposed and show in detail
that the work conforms to the provisions of this code. Construction
documents for buildings more than two stories in height shall indicate
where penetrations will be made for pipe, fittings, and components
and shall indicate the materials and methods for maintaining required
structural safety, fire-resistance rating and fire blocking.
Exception: The code official shall have the
authority to waive the submission of construction documents, calculations
or other data if the nature of the work applied for is such that reviewing
of construction documents is not necessary to determine compliance
with this code.
106.4. Permit issuance. The application, construction
documents and other data filed by an applicant for a permit shall
be reviewed by the code official. If the code official finds that
the proposed work conforms to the requirements of this code and all
laws and ordinance applicable thereto, and that the fees specified
in section 106.5 have been paid, a permit shall be issued to the applicant.
106.4.1. Approved construction documents. When
the code official issues the permits where construction documents
are required, the construction documents shall be endorsed in writing
and stamped "Approved." Such approved construction documents shall
not be changed, modified or altered without authorization from the
code official. All work shall be done in accordance with the approved
construction documents.
The code official shall have the authority to issue a permit
for the construction of a part of a plumbing system before the entire
construction documents for the whole system have been submitted or
approved, provided adequate information and detailed statements have
been filed complying with all pertinent requirements of this code.
The holders of such permits proceed at their own risk without assurance
that the permit for the entire plumbing system will be granted.
106.4.2. Validity. The issuance of a permit
or approval of construction documents shall not be construed to be
a permit for, or an approval of, any violation of any of the provisions
of this code or other ordinance of the jurisdiction. No permit presuming
to give authority to violate or cancel the provisions of this code
shall be valid.
The issuance of a permit based upon construction documents and
other data shall not prevent the code official from thereafter requiring
the correction of errors in the construction documents and other data
or from preventing building operations being carried on thereunder
when in violation of this code or of other ordinance of this jurisdiction.
106.4.3. Expiration. Every permit issued by
the code official under the provisions of this code shall expire by
limitation and become null and void if the work authorized by such
permit is not commenced within six months from the date of such permit,
or if the work authorized by such permit is suspended or abandoned
at any time after the work is commenced for a period of six months.
Before such work can be recommenced, a new permit shall be first obtained,
and the fee therefor shall be 1/2 the amount required for a new permit
for such work, provided no changes have been made or will be made
in the original construction documents for such work, and provided
further that such suspension or abandonment has not exceeded one year.
106.4.4. (Deleted.)
106.4.5. Suspension or revocation of permit. The code official shall revoke a permit or approval issued under
the provisions of this code in case of any false statement or misrepresentation
of fact in the application or on the construction documents upon which
the permit or approval was based.
106.4.6. Retention of construction documents. One set of construction documents shall be retained by the code
official until final approval of the work covered therein. One set
of approved construction documents shall be returned to the applicant,
and such set shall be kept on the site of the building or work at
all times during which the work authorized thereby is in progress.
106.5. Fees. A permit shall not be issued until
fees prescribed in section 106.5.2 have been paid, nor shall an amendment
to a permit be released until the additional fee, if any, due to an
increase of the plumbing systems has been paid.
106.5.1. Work commencing before permit issuance. Any person who commences any work on a plumbing system before obtaining
the necessary permits shall be subject to a $300 after-the-fact penalty.
106.5.2. Fee schedule. As adopted by the City
council.
Section 107.0. Inspection and testing.
107.1. Required inspection and testing. The
code official, upon notification from the permit holder or the permit
holder's agent, shall make the following inspections and such
other inspections as necessary, and shall either release that portion
of the construction or shall notify the permit holder or an agent
of any violations which must be corrected. The holder of the permit
shall be responsible for the scheduling of such inspections.
1. Underground inspection shall be made after trenches or ditches
are excavated and bedded, and piping installed, and before any backfill
is put in place. When excavated soil contains rocks, broken concrete,
frozen chunks and other rubble which would damage or break the piping
or cause corrosive action, clean backfill shall be on the job site
next to trenches or ditches.
2. Rough-in inspection shall be made after the roof, framing,
fireblocking, firestopping, draftstopping, and bracing is in place
and all sanitary, storm and water distribution piping is roughed in,
and prior to the installation of wall or ceiling membranes.
3. Final inspection shall be made after the building is complete,
all plumbing fixtures are in place and properly connected, and the
structure is ready for occupancy.
107.1.1. (Deleted.)
107.1.2. (Deleted.)
107.1.2.1 through 107.1.2.3. (Deleted.)
107.2. (Deleted.)
107.2.1. (Deleted.)
107.2.2. (Deleted.)
107.3. Testing. Plumbing work and systems shall
be tested as required in section 313 and in accordance with sections
107.3.1 through 107.3.3. Tests shall be made by the permit holder
and observed by the code official.
107.3.1. New, altered, extended or repaired systems. New plumbing systems, and parts of existing systems which have been
altered, extended or repaired, shall be tested as prescribed herein
to disclose leaks and defects, except that testing is not required
in the following cases:
1. In any case which does not include addition to, replacement,
alteration or relocation of any water supply, drainage or vent piping.
2. In any case where plumbing equipment is set up temporarily
for exhibition purposes.
107.3.2. Equipment, material and labor tests. All equipment, material and labor required for testing a plumbing
system or part thereof shall be furnished by the permit holder.
107.3.3. Reinspection and testing. Where any
work or installation does not pass any initial test or inspection,
the necessary corrections shall be made to comply with this code.
The work or installation shall then be resubmitted to the code official
for inspection and testing. A reinspection fee shall be applicable.
107.4. Contractor's responsibilities. It
shall be the duty of every contractor who enters into contracts for
the installation or repair of plumbing systems for which a permit
is required to comply with adopted state and local rules and regulations
concerning licensing.
107.5. Coordination of inspections. Whenever,
in the enforcement of this code or another code or ordinance, the
responsibility of more than one code official of the jurisdiction
in involved, it shall be the duty of the code officials involved to
coordinate their inspections and administrative orders as fully as
practicable so that the owners and occupants of the structure shall
not be subjected to visits by numerous inspectors or multiple or conflicting
orders. Whenever an inspector from any agency or department observes
an apparent or actual violation of some provision of law, ordinance
or code not within the inspector's authority to enforce, the
inspector shall report the findings to the code official having jurisdiction.
107.6. Approval. After the prescribed tests
and inspections indicate that the work complies in all respects with
this code, a notice of approval shall be issued by the code official.
Section 108.0. Violations.
108.1. Unlawful acts. It shall be unlawful
for any person, firm or corporation to erect, construct, alter, repair,
remove, demolish or utilize any plumbing system or equipment regulated
by this code, or cause such acts to be done, in conflict with or in
violation of any of the provisions of this code.
108.2. Notice of violation. The code official
shall serve notice of violation or order on the person responsible
for the erection, construction, alteration, extension, repair, removal,
demolition or utilization of any plumbing system in violation of the
provisions of this code or in violation of a detail statement or a
plan approved thereunder, or in violation of a permit or a certificate
issued under the provisions of this code. Such order shall direct
the discontinuance of the illegal action or condition and abatement
of the violation.
108.3. Prosecution of violation. If the notice
of violation is not complied with promptly, the code official shall
request the legal counsel of the jurisdiction to institute the appropriate
proceeding at law or in equity to restrain, correct or abate such
violation or to require the removal or termination of the unlawful
occupancy of the building or structure in violation of the provisions
of this code or of the order or direction made pursuant thereto.
108.4. Violation penalties. Any person who
shall violate a provision of this code or shall fail to comply with
any of the requirements thereof or shall erect, construct, alter or
repair any plumbing system in violation of an approved plan or directive
of the code official, or of a permit or certificate issued under the
provisions of this code, shall be guilty of a civil land use violation
and subject to those penalties set forth in 30-A M.R.S.A. § 4452(3).
Each day of a violation shall constitute a separate violation to which
the provisions of 30-A M.R.S.A. § 4452 shall apply. All
the remedies as set forth in 30-A M.R.S.A. § 4452 shall
be available to the City, as well as the right to seek equitable relief
through injunction or temporary restraining order as may be necessary.
In addition, if the City is the prevailing party, the City shall be
entitled to reasonable attorneys' fees, expert witness fees and
costs.
108.5. Abatement of violation. The imposition
of the penalties herein prescribed shall not preclude the legal officer
of the jurisdiction from instituting appropriate action to prevent
unlawful construction or to restrain, correct or abate the violation,
or to prevent illegal occupancy of a building, structure or premises,
or to stop an illegal act, conduct, business or occupancy of a building
or structure on or about any premises.
Section 109.0 Means of appeal.
109.1. Application for appeal. Any person shall have the right to file an administrative appeal of a decision of the code enforcement officer to the zoning board of appeals as established in article VI, section 11 of the Charter, and in accordance with provisions stipulated in chapter 102, Zoning, article II, Administration, division 4, Appeals and Variances.
109.2. Deleted.
109.3. The zoning board of appeals is specifically
prohibited from giving consideration to the granting of a variance
from the provisions of this code.
109.4. Deleted.
(b)
Section 108.5 is amended to read "$100 per day not
more than $1,000 per day."
(c)
Section 306.6.1 is deleted.
(d)
Section 14, Codes, is amended by inserting "BOCA
National Building Code" and "BOCA National Mechanical Code."
(e)
Section 1004.3 is amended by adding the following:
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A commercial institutional food service facility, such as a
restaurant, cafeteria or institutional kitchen, shall install an external
grease interceptor unless in the opinion of the building code official
such installation is not feasible, in which case an internal grease
interceptor may be approved by the building code official/plumbing
inspector.
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(f)
Chapter 12 is deleted.
(g)
Chapter 13 is deleted.
[Ord. No. 37-1996, § 7, 3-19-1996]
Whenever this article or any part thereof comes in conflict
with any other duly adopted ordinance, code, law and/or regulation,
the more restrictive provision shall apply.
