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City of South Milwaukee, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of South Milwaukee. Amendments noted where applicable.]
This Chapter shall be know as the "Plumbing Code of the City of South Milwaukee." It will be referred to hereinafter as "this code."
A. 
This Code shall apply in full to all new plumbing installations, except where conformance therewith is shown to be impracticable, provided that in any event the installation must be reasonably safe and sanitary.
B. 
This Code shall apply to all existing permanent plumbing installations, except where the existing installation is reasonably safe and sanitary.
This Code shall not be construed to relieve in whole or part the responsibility or liability of any party owning, operating, controlling or installing any plumbing for damages to anyone injured or any property destroyed by any defect therein, nor shall the City be held to assume any such liability by reason of any inspection authorized herein, or any certificates of inspection or permit issued as herein provided.
All terms defined in the Wisconsin State Plumbing Code and any amendments thereto shall, when used in this Code, be construed to have the same meaning as in the Wisconsin State Plumbing Code.
A. 
All plumbing work in the City of South Milwaukee shall conform with the standards and provisions of this Code.
B. 
All plumbing materials, piping, fittings, fixtures, appliances, or equipment used or installed for use in the City of South Milwaukee shall conform with the standards and provisions of this Code and shall be installed, maintained, and operated in conformity with such standards and provisions.
[Amended 3-1-2022 by Ord. No. 2226]
The provisions and regulations of Wis. Adm. Code § SPS 381 through 387 and § SPS 305, Sec. 145, Wis. Stats., and NR812 and all future amendments, revisions or modifications thereto, are hereby made a part of this chapter by reference, and shall govern the installation of all plumbing installed, altered or repaired in the City.
[Amended 3-1-2022 by Ord. No. 2226]
A. 
When permits are required.
(1) 
No plumbing work shall be performed in the City of South Milwaukee unless a permit for such work shall have been first issued to a licensed master plumber, or to a property owner for work to be done by him/her in a single-family building owned and occupied by him/her as his/her or their home for a minimum of one year, by the City Plumbing Inspector as herein provided, except that no permit shall be required.
(a) 
For minor repair work required for proper maintenance of an existing installation.
(b) 
For removing stoppages, provided such removal does not entail dismantling the existing installation.
(c) 
For emergency work, but such work shall be reported to the City Plumbing Inspector immediately after it is started and shall, if practicable, otherwise conform with the standards and provisions of this Code.
(2) 
Notwithstanding the above exceptions, a permit shall be obtained in all cases before starting any plumbing work that replaces work condemned by the City Plumbing Inspector.
B. 
Applications. Applications for permits shall be made to the City Plumbing Inspector on forms supplied by the City. Each application shall indicate the nature and extent of the plumbing work and the time same will be completed. A plan may be required to accompany the application in the discretion of the City Plumbing Inspector.
[Amended 7-6-1976 by Ord. No. 1039; 4-21-1998 by Ord. No. 1705]
Before receiving any permit required in this chapter, the owner or his agent shall pay the fee determined by resolution of the Common Council and/or Water Utility as may be appropriate. In the event work is commenced before a permit is obtained, the fees shall be double the fee otherwise designated.
[Amended 7-6-1976 by Ord. No. 1039; 4-21-1998 by Ord. No. 1705]
A. 
The fee due for plumbing work performed or to be performed by the Utility shall be as determined by the Water Utility Commissioners.
B. 
Taps into the water main are to be made only by or under the supervision of the Water Utility.
C. 
Charges for materials furnished or to be furnished by the City or the Water Utility in connection with any work shall be as determined by the Water Utility or City Department furnishing the materials.
D. 
Connections to a main of a size which, in the opinion of the City Engineer, require a fitting connection may be made only upon special permission of the City Engineer and under the direct supervision or by the Water Utility. All materials used in such connection shall meet the specifications of the Water Utility.
E. 
Payment for all charges shall be made before a permit is issued.
A. 
The office of City Plumbing Inspector shall be filled by appointment by the City Engineer subject to approval by the Common Council.
[Amended 5-26-1960 by Ord. No. 644; 4-21-1998 by Ord. No. 1705]
B. 
The City Plumbing Inspector shall serve under the direction of the City Engineer, shall perform plumbing inspections and have such powers and duties as are herein contained, or such as the Common Council or the City Engineer shall from time to time specify.
[Amended 5-26-1960 by Ord. No. 644]
C. 
The City Plumbing Inspector shall enforce the provisions of this Code. He/she shall make all inspections, keep a complete record of applications for permits, permits issued, inspections made, and any other official work performed, under the provisions of this Code, and report all violations to the City Engineer.
[Amended 3-1-2022 by Ord. No. 2227]
D. 
The City Plumbing Inspector shall have the right during reasonable hours to enter with the permission of the owner any public or private building in the discharge of his official duties, and shall have the authority to require production of permit for plumbing work being done. Any person who shall resist or obstruct the City Plumbing Inspector in the lawful discharge of his official duties shall be guilty of a violation of this Code.
E. 
It shall be unlawful for the City Plumbing Inspector to engage in the business of plumbing either directly or indirectly and he shall have no financial interest in any concern engaged in such business in the City of South Milwaukee while holding office as City Plumbing Inspector.
A. 
No plumbing installation for which a permit is required shall be covered up or concealed in any manner whatsoever unless the City Plumbing Inspector has been notified and given 48 hours in which to inspect same; nor shall any such installation be covered up or concealed if the City Plumbing Inspector, upon inspection, finds it has been installed in violation of this Code, until the necessary corrections have been made and approved by the City Plumbing Inspector.
[Amended 3-1-2022 by Ord. No. 2227]
B. 
When roughing-in and final inspections have been made and the plumbing installation has been found to be fully in compliance with this Code, the City Plumbing Inspector shall issued a certificate of inspection. No certificate of inspection shall be issued unless the installation conforms strictly with the provisions of the Code.
C. 
Whenever it shall be reported to the City Health Officer that the plumbing in or connected to any building violates this Code, or is of faulty construction and liable to breed disease or sickness, or is a menace to health, then the Health Officer shall direct the Plumbing Inspector to examine said plumbing and report his findings in writing to the Health Officer, suggesting such changes as are necessary to put the same in proper sanitary condition. The Health Officer shall, upon receipt of said report, deliver to the property owner or his authorized agent or attorney a written order requiring said owner to make such changes specified in said order as the Health Officer deems necessary to put the plumbing in proper condition and fixing a time for completion of such changes. The property owner's failure or refusal to comply with such order shall constitute a violation of this Code, and each day's continuance of such failure or refusal shall constitute a separate offense.
When the City Plumbing Inspector refuses to issue a permit or certificate of inspection for all or part of a plumbing installation, he shall give written notice of such refusal to the plumber in charge, if any, and to the property owner or his authorized agent or attorney. Such plumber or owner may, within five days after receiving such notice, file with the City Engineer a petition in writing for a review of such refusal, and the City Engineer shall thereupon determine forthwith whether the installation complies with the requirements of this Code and shall cause his written findings and decision to be filed with the City Clerk, and a copy thereof to be delivered to such plumber and owner; and the City Plumbing Inspector shall be bound by such findings and decision.
[Amended 3-1-2022 by Ord. No. 2226]
A. 
Only a master plumber licensed by the State of Wisconsin Department of Safety and Professional Services may apply for and be issued a plumbing permit except as otherwise stated in Subsection B or elsewhere in this Code. A plumbing contracting firm applying for a permit shall have a properly licensed State of Wisconsin master plumber employed by the firm. The master plumber shall be responsible for code compliance regarding all plumbing work and shall submit a plumbing permit that includes the signature of the master plumber responsible for code compliance.
B. 
A property owner of a single-family dwelling, owned and occupied by him or her as his or her home, may apply for and be issued a plumbing permit for replacement of fixtures at the same dwelling only. The owner may replace the following fixtures: toilets, sinks, faucets, sump pumps, hose bibs, shower stalls, bath tubs, laundry sinks, dishwashers, garbage disposals, gas water heaters and refrigerators with water lines. An owner may not relocate fixtures in a manner that requires relocation, alteration, removal or addition to existing hard-piped drains, vents or water lines. An owner may not repair or install underfloor sewer, drain stacks or install their own plumbing in a new construction home. The owner shall be responsible to ensure that all work is installed in compliance with this Code.
[1]
Editor's Note: Former § 18.14, Registration of plumbers, was repealed 3-1-2022 by Ord. No. 2226.
A. 
Each such person, firm or corporation shall execute and furnish to the City of South Milwaukee an indemnity bond in the penal sum of $5,000 or a certificate of insurance in a penal sum of $50,000, with good and sufficient sureties, conditioned that the applicant will indemnify and save harmless the City of South Milwaukee, its officers and agents against any and all damages, costs, expenses and claims of every nature and kind resulting from or arising out of any negligence on the part of the obligor, his agents, employees or subcontractors. Such bond shall remain in force until the expiration of the license or permit, if any, of the obligor, except that on such expiration it shall remain in force as to all penalties, claims and demands that may have accrued thereunder prior to such expiration.
[Amended 2-20-1968 by Ord. No. 841]
B. 
Performance bond. Each such person, firm or corporation shall execute and furnish to the City of South Milwaukee, a performance bond in the penal sum of $1,000, with good and sufficient sureties, conditioned that the applicant will perform and sufficiently complete all work for which a permit or permits are issued in accordance with the plumbing codes of the State of Wisconsin and the City of South Milwaukee, together with all other applicable ordinances of the City of South Milwaukee, within a reasonable time so as to fully protect the public health, safety and welfare. In addition, such bond shall provide that the applicant will backfill and maintain any street, alley or public grounds in which he makes any openings or excavation as directed by and to the satisfaction of the City Engineer for a period of six months after initially backfilling the same, and shall pay the cost of restoring the surface of the street, alley or public grounds by the City; that the applicant shall reimburse the City for all damages to any City property resulting from his work operations, regardless of whether such damage is done by himself, his agents, employees or subcontractors. Such bond shall remain in force until the expiration of the license or permit, if any, of the obligor, except that on such expiration it shall remain in force as to all penalties, claims and demands or rights of action that may have accrued thereunder prior to such expiration.
[Amended 12-19-1957 by Ord. No. 583]
C. 
The Common Council may, in its discretion, approve the filing of one performance bond by an association or group of persons, firms or corporations on behalf of each member of such association, or each such person, firm or corporation which is required to file such bond under the provisions of Subsection B hereof, provided that the same must first be approved as to form by the City Attorney.
[Added 1-30-1958 by Ord. No. 586]
A. 
Sewer improvement tax. No person shall be allowed to connect with the public sewerage system in any manner unless a sewer improvement tax, if any, has been duly paid on the frontage of the property to which sewer connection is to be made, unless permission to do so has been duly given by the Common Council.
B. 
Record of sewer connections. The City Engineer shall keep a record of all sewer connections, and the positions of all house drains, connections, junctions and other data necessary for the efficient services of the Sewer Department.
C. 
Connection by licensed plumber. No persons except licensed plumbers or licensed utility contractors as herein provided shall be permitted to tap or make connections with the public sewerage system or any part thereof. Should for any reason it become necessary, the City may install or cause the sewer connection to be installed and assess the cost thereof against the property requiring the connection.
[Amended 3-1-2022 by Ord. No. 2227]
D. 
Information on location of drain junctions. Any information which the City Engineer may have with regard to the location of sewer connections, shall be furnished to plumbers, but the City of South Milwaukee shall assume no risk as to the accuracy of the same. When, in accordance with the measurements furnished by the City Engineer, the junction is not found within three feet of the location given, a connection may be made directly into the sewer in a manner prescribed by and under the direction of the City Engineer.
E. 
Connection into brick or concrete sewer. In breaking in a connection into a brick or concrete main sewer, a hole the exact outside diameter of the pipe to be connected shall be made by means of a sharp point chisel. A sleeve shall be set into the opening. The bell or hub of the sleeve shall rest on the outside of the sewer, and shall not protrude inwardly beyond the inside surface of the main sewer. A substantial joint of cement mortar shall then be made to strengthen the cut sewer.
F. 
Angle of entry. All junctions or connections shall enter the main sewer above the flow line and at a forty-five-degree angle to the horizontal.
G. 
Risers.
(1) 
The City shall be responsible for maintenance and repair of the public (main) sewer including risers from the public (main) sewer. The property owner shall be responsible for maintaining the building sewer (lateral). The public sewer ends and the building sewer begins at either of the following:
(a) 
Main "y" connection.
(b) 
Main riser/building connection.
(2) 
Riser is that portion of pipe connected directly to the main which is at an angle greater than 60° from horizontal.
[Added 11-20-1984 by Ord. No. 1280]
[1]
Editor's Note: Former § 18.17, Building sewers and drains, was repealed 8-1-2000 by Ord. No. 1775.
Any person who shall intentionally, willfully, or maliciously injure or obstruct any sewer, drain, cesspool, catch basin or any plumbing fixture or apparatus, pipes or other part of any plumbing in actual use, or under construction, or any sewer, drain, or water pipes or any parts or apparatus connected therewith, laid or constructed in the streets, alleys, or other public places or under any sidewalks of the City of South Milwaukee shall be subject to the penalty hereinafter provided for violating this Code.
A. 
No connections of drain spouts, drain tiles, foundation drains or other connections to convey surface or clear water to sanitary sewers shall be permitted in the City of South Milwaukee. Such connections may be made to any storm sewer or other surface drainage facility serving the property.
B. 
All buildings hereinafter erected or structurally altered on any lands within the City of South Milwaukee zoned for commercial or manufacturing uses, when such lands are served by a storm sewer or other surface drainage facility in the abutting street or alley, shall have all drain spouts, drain tiles, foundation drains or other drains to convey surface or clear water connected to such sewer facility.
C. 
Any storm sewer connections permitted or required herein must be made pursuant to the specifications of the Wastewater Commission and an inspection of each connection is required to insure compliance with those specifications. The fee for such inspection shall be established by the Wastewater Commission.
[Amended 4-21-1998 by Ord. No. 1705]
[1]
Editor's Note: Former § 18.20, Relief valves, was repealed 8-1-2000 by Ord. No. 1775.
A. 
Lot size. No septic tank or other private sewage treatment and disposal system shall be installed on any lot in a subdivision or other parcel of land where public sewer is not available unless such lot or parcel of land shall have a minimum area of 14,000 square feet. A smaller lot area may be used only when the subsoil is a loose gravel and its absorption qualities have been determined by actual test of a certified soil sample furnished by the owner and tested by an independent firm at the owner's expense, and the results of such test and the proposed installation have been approved by the City Engineer.
B. 
State code. The provisions of the Wis. Adm. Code SPS 381 through 387 and SPS 305, as adopted by the Wisconsin State Board of Health, together with any future amendments thereto and revisions thereof, are hereby adopted and made a part of this ordinance and shall have full force and effect, where applicable, as if fully set forth herein.
[Amended 3-1-2022 by Ord. No. 2226]
C. 
No septic tank shall be placed closer than 10 feet from the main building on any lot or parcel of land, nor closer than five feet from any accessory building.
D. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D was repealed 8-1-2000 by Ord. No. 1775.
E. 
All household wastes, including all floor drains, shall be piped to the septic tank. Footing, foundation or roof drains shall not be connected to the septic tank.
F. 
Within one year from the time that the public sewers are made available to any parcel of land, private systems for sewage disposal on said land shall be abandoned and house sewers shall be connected to the public sewer and all abandoned septic tanks and seepage pits shall be filled.
[Added 10-13-1955 by Ord. No. 537]
It shall be the duty of the Police Officers, City Engineer and Health Officer, or either or any of them, to inquire into violations of this Code and report same to the Common Council for investigation and prosecution.
If any provision of this Code or the application of such provision to any person or circumstance is held invalid, the remainder of this Code shall not be affected thereby.
A. 
Any person, firm or corporation who shall violate any provisions of this Code shall be punished by a fine of not less than $10 nor more than $200, and shall also be assessed costs of prosecution; and upon default in payment of said fine or costs, such person shall be imprisoned in the House of Correction or County Jail of Milwaukee County for not more than 60 days. Fines collected under this Section shall be paid, after receipt, to the City Treasurer.
B. 
In addition to the other penalties provided herein, the City Engineer may, when he finds a person, firm or corporation has violated the provisions of this Code, revoke all permits issued to such person, firm or corporation, and prohibit such person, firm or corporation from doing further work in the City of South Milwaukee until such violations have been corrected.