Village of Elm Grove, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Elm Grove 6-11-1962; amended in its entirety 9-27-2005. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 106.
Sewers — See Ch. 232.
Water control — See Ch. 325.
This chapter shall be known as the "Plumbing Code of the Village of Elm Grove" and will be referred to hereinafter as "this chapter."
The purpose of this chapter is to safeguard life, property, health and sanitation by regulating and providing for the inspection of the installation and use of plumbing and drainage systems and fixtures in and serving buildings and structures hereafter erected, constructed, enlarged, altered, repaired, moved or converted to other uses and to regulate use of applicable equipment.
[Amended 3-28-2016]
Except as otherwise specifically provided herein, the provisions and regulations of Ch. 145, Wis. Stats., and Chapters SPS 380 through 387 of the Wisconsin Administrative Code are hereby made a part of this chapter by reference and shall extend over and govern all plumbing installed, altered or repaired in the Village.
No person shall install, cause to be installed or use any type of plumbing fixture, material, apparatus, piping or any other part of the plumbing that is in any way connected to the plumbing within the Village which is not specifically mentioned in or permitted by this chapter until it has first been approved in writing by the Plumbing Inspector. For approval, manufacturer's specifications, instructions for installation and complete test data plus a letter of approval from the State Board of Health shall be submitted to the Plumbing Inspector.
[Amended 3-28-2016]
As used in this chapter, the following terms shall have the meanings indicated:
PLUMBING
Includes the provisions of § 145.01(10)(a) and (br), Wis. Stats., and shall also include the construction, connection to or alteration of any drain, soil or waste pipe to carry domestic sewage, stormwater or industrial waste from a point three feet outside of the foundation walls of any building to the sewer lateral at the curb or other disposal terminal, including the private sewage disposal or treatment plant. This definition does not include minor repairs to faucets, valves, pipes and appliances and the removal of stoppages in soil or waste pipes.
A. 
Office of Plumbing Inspector. The Village Board shall appoint a Plumbing Inspector upon recommendation of the Village Manager pursuant to § 54-3C who shall be a state-certified plumbing inspector. The Plumbing Inspector shall perform such inspections and other duties as directed from time to time by the Village Manager.
B. 
Powers and duties.
(1) 
It shall be the duty of the Plumbing Inspector to see that the construction, reconstruction and alterations of all plumbing, drainage and plumbing ventilation hereafter installed in all of the buildings in the Village shall conform to the laws and ordinances and the rules laid down by the State Board of Health of the State of Wisconsin and the Village of Elm Grove and to make all inspections required thereby and in the manner set forth.
(2) 
The Plumbing Inspector shall have authority to enter all buildings in the Village in the performance of his or her duties during reasonable hours in the discharge of his or her official duties. Nothing in this section shall be construed to prohibit the acquisition of an inspection warrant in accordance with §§ 66.122 and 66.123, Wis. Stats. and § 12-4 of the Village of Elm Grove Code of Ordinances, nor shall it be construed to prohibit access by way of property owner and/or tenant consent.
(3) 
The Plumbing Inspector is authorized to withhold approval of an application for a plumbing permit to any person who has not complied with a lawful order of the Plumbing Inspector. The person refused a permit may appeal such refusal as provided herein.
(4) 
Whenever any work is ready for inspection, the Plumbing Inspector shall be notified in advance by the plumber in charge or persons receiving the permit, specifying the permit number of the work which is being done. The Inspector shall then proceed to make the inspection. Unless otherwise permitted by the Inspector, all work shall be left uncovered for examination until examined and approved by the Inspector.
(5) 
Records. There shall be kept by the Plumbing Inspector a complete record of all applications and permits, regularly numbered in the order of their issue, of all inspections made and other official work performed under the provisions of this chapter, so arranged as promptly to afford information concerning all such work.
C. 
Compensation. The Plumbing Inspector shall be compensated from a portion of the fees provided as established by the Village Board.
Whenever it shall be reported to the Village Manager that any plumbing is contrary to the ordinances of the Village of Elm Grove or is of faulty construction, the Village Manager shall direct the Plumbing Inspector to examine such plumbing and report his or her findings, in writing, to the Village Manager, suggesting such changes as are necessary to put the same in proper condition. The Village Manager thereupon shall direct such changes to be made as he or she deems necessary and shall fix the time for doing the same.
A. 
Bond required. Before a permit may be issued for excavating in any public street or way, the person applying for such permit shall have executed unto the Village and deposited with the Village a corporate surety bond in a sum as determined by resolution of the Board of Trustees, conditioned that he or she will perform and fully complete all work with due care and in accordance with the laws, rules and regulations of this chapter. Such bond shall remain in force and must be executed for a period of one year, 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.
B. 
Public liability insurance. Before a permit may be issued for plumbing in any public way, the person applying for such permit shall provide the Village with a certificate of public liability insurance in a solvent company of at least $1,000,000 for injury to one person, $2,000,000 for injury to more than one person in any accident and $1,000,000 for injury to property. Such insurance shall indemnify and save harmless the Village against all damages, costs, expenses, outlays and claims of every nature arising in connection with such plumbing.
A. 
Permit required. No plumbing shall hereafter be done in the Village unless a permit therefor shall first be obtained.
B. 
Application for permit. Application for a plumbing permit shall be made in writing upon blank forms furnished by the Village. When necessary, plans showing the work to be done in detail may be requested by the Plumbing Inspector.
Plumbing permit fees shall be as determined by resolution of the Board of Trustees.
A. 
Term of permit. A plumbing permit shall remain in force for 24 months after the date of issuance. In the event that all plumbing work is not completed within said time, new permits shall be obtained in a manner consistent with the provisions of § 106-3F(3).
B. 
Revocation of permit. A plumbing permit may also be revoked at any time during the twenty-four-month period if the plumber does not comply with all provisions of this chapter.
C. 
All fees are nonrefundable.
A. 
Request for inspection. Whenever any work is ready for inspection, the Plumbing Inspector shall be notified in advance by the plumber in charge or persons receiving the permit, specifying the permit number of the work which is being done. The Inspector shall then proceed to make the inspection. Unless otherwise permitted by the Inspector, all work shall be left uncovered for examination until examined and approved by the Inspector.
B. 
Tests and accessibility of work. The plumber in charge or the owner shall make such arrangements as will enable the Inspector to reach all parts of the building readily and shall have present the proper apparatus and materials and perform all labor necessary for making such tests as are required by the Plumbing Inspector.
C. 
Final inspection. When the plumbing work is completed the plumber in charge shall request a final inspection. Any person, firm or company or corporation who or which fails to notify the Plumbing Inspector that the work for which the permit has been procured is ready for inspection within five working days of completion of such work shall be deemed in violation of this chapter.
Any person feeling himself or herself aggrieved by any order or ruling of the Plumbing Inspector or Village Manager may appeal from such ruling to the Public Works/Utilities Committee within 20 days after written notice of such ruling or order shall have been delivered to him or her. Such appeal shall be in writing, setting forth the order appealed from and the respects in which said person feeling himself or herself aggrieved claims that said order or ruling is erroneous or illegal. The notice of appeal shall be filed with the Village Clerk, who shall thereupon notify the Plumbing Inspector and Village Manager of said appeal, and the appeal shall be heard at the next meeting of said Public Works/Utilities Committee, which, after consideration thereof, shall affirm, reverse or modify said ruling. The ruling or order of the Inspector or Village Manager shall be enforced until changed by said Public Works/Utilities Committee.
A. 
Openings not allowed. Street openings will not be allowed when in the opinion of the Public Works Director said openings would be left open over a weekend or a holiday period.
B. 
Closing off streets. Openings in public ways shall not be made in a manner that impedes the flow of traffic. One traffic lane shall be maintained at all times, and such lane shall at no time be blocked by the excavating equipment or material. However, where it is deemed impossible to install a sewer lateral in any public way without completely closing said way to traffic, the Public Works Director may grant permission, stating a time limit. If such permission is obtained, the plumber must place adequate warning devices, barricades and detour signs before work starts in such a manner as to provide the least amount of inconvenience for the public. Detour routes shall be determined by the Public Works Director with consultation from the Chief of Police.
C. 
Timbering of trenches. All trenches and excavations in excess of three feet in depth shall be adequately and securely timbered and protected as provided for in Wisconsin Administrative Code Chapter IND 6, Trench, Excavation and Tunnel Construction.
D. 
Cutting and replacing street surfaces.
(1) 
When opening any public way, all material must be placed where it will cause the least inconvenience to the public and will admit free passage of water along the ditches.
(2) 
All openings made in public ways shall be properly barricaded, and warning lights shall be maintained upon the same at night. All other necessary precautions shall be taken to guard the public against accidents from the beginning to the completion of the work. Sewers and drains may be laid only on condition that the excavator or plumber is insured as hereinbefore mentioned for all damages that may result from his or her neglect of necessary precaution against all accidents to persons or property of others.
(3) 
When any excavation is made for private sewer laterals in the area traveled by vehicles, the excavated material must be removed immediately and such excavation, including the shoulder, entirely backfilled with aggregate slurry backfill consisting of No. 1 and No. 2 coarse aggregate Class C concrete mix with one bag of cement per cubic yard. The character of the backfill material used shall be approved and authorized by the Public Works Director or his or her designee. Any tunnels dug under gravel roads or pavements shall be backfilled with concrete subject to approval of the Public Works Director or his or her designee.
(4) 
If the replacement of materials is not accomplished in a timely or satisfactory manner, the applicant under Subsection E shall be given notice to correct all deficiencies no later than 30 days from the mailing of notification by the Public Works Director. If all necessary corrective work is not accomplished within the thirty-day notification period, all funds under this section shall be forfeited and the applicant shall be liable for any repair or completion costs incurred by the Village, including the cost of collection. If the replacement of materials is done in a workmanlike and timely manner, the applicant shall be refunded all but $100 of the amount submitted under Subsection E.
E. 
Public way disturbance application. Any work allowed under this section must first be preceded by the completion and filing of a public way disturbance application by a financially responsible party accompanied by a fee as determined by resolution of the Board of Trustees.
A. 
All water pumps and wells shall be installed and constructed in accordance with Wisconsin Administrative Code Chapter NR 812, Well Construction and Pump Installation, and said code is made by reference a part of this chapter.
B. 
Well and pump permits required. No well may be dug nor pump installed without first having obtained a permit for such work. A permit must be obtained by the well driller for the drilling of the well, and a permit must be obtained by the water pump installer for the installation of the water pump.
C. 
Well log and test results. The well driller shall be required to furnish to the Plumbing Inspector a copy of the well drilling log for filing in the Village office, together with a copy of the test of the well as to safety and fitness for use as certified by the State Board of Health.
The rules and regulations of the Milwaukee Metropolitan Sewerage District as to connections to sewer mains, sewer laterals and inside plumbing are adopted by reference.
A. 
Connection required. The owner or owners of any building which has access to the sewer system of the Village shall connect to such system within one year from the time that such sewer facilities become available for connection. The Village shall notify such owners in writing by certified mail of the availability of sewer facilities.
B. 
Procedure after failure to make connection.
(1) 
If any person shall fail to comply with the above-mentioned provision, the Village Board may cause such sanitary sewer connection to be made. The expense thereof shall be assessed as a special tax against the premises and shall be spread upon the first tax roll which is delivered to the Village Treasurer after such work has been completed.
(2) 
The owner of such premises may, within 10 days after the completion of the work, file with the Village in writing a statement that he or she cannot pay the special tax in one sum and requests that the special tax be collected in equal annual installments, not to exceed five in number, together with interest thereon at the rate of 6% per annum. In such case, there shall be spread upon the first tax roll which is delivered to the Village Treasurer the first installment, together with interest upon the unpaid amount of the special tax at the rate of 6% per annum computed to the 31st day of December. Subsequent installments and interest shall be spread on the tax roll in succeeding years.
No persons except licensed plumbers shall be permitted to tap or make connections to the sewerage system. Such information as the Village may have with regard to the location of sewer junctions or slants will be furnished to plumbers, the Village assuming no risk as to the accuracy of the same. When in accordance with the measurements furnished by the Village the junction is not found, or if the main sewer or any part thereof is damaged in the course of excavation or construction, connection thereto or repair thereof shall be as directed by the Plumbing Inspector. Additional pipe shall not be laid until the Plumbing Inspector approves the connection.
The Director of Public Works shall keep a record of all sewer connections, showing location of the same and position of all house drains, connections, junctions and other data necessary for the efficient services of his or her office.
When at the time of the issuance of a plumbing permit there is no sanitary sewer available for such premises, adequate provisions in the installation of plumbing connections shall be made so as to provide for future connection with a sanitary sewer which may be constructed to serve the premises at a future date.
A. 
State code adopted. Fixture unit valve and minimum size soil, waste and vent pipes shall be according to state code.
B. 
Quality, weight and installation of materials. All building sewers shall be constructed of four-inch extra-heavy cast-iron pipe or four-inch PVC. All soil and waste stacks shall have a cleanout near their base. The diameter of the building sewer shall be equal to or greater than that of the building drain.
A. 
Construction.
(1) 
A four-inch cast-iron cleanout shall be brought to the surface of the ground for every 75 feet of outside sewer.
(2) 
All conduits or other piping must be protected from injury, frost or settling to the satisfaction of the Plumbing Inspector.
B. 
Old pipes or drains. Whenever necessary to disturb a drain or sewer in actual use, the same shall not be obstructed or disconnected without special permission of the Plumbing Inspector. It shall be unlawful to make any new connections with or extensions to any old drain without permission of the Plumbing Inspector. No existing drain or sewer shall be reconstructed or relaid without a permit.
C. 
Obstructions to installation of sewers and drains. In all cases where the course of any sewer or drain is obstructed by pipes or conduits, the question of passing over or under such obstruction or the raising or lowering thereof so as to permit the construction and installation of the sewer or drain shall be determined by the Plumbing Inspector.
D. 
Sewers and drains to be sealed during construction. The ends of all sewer and drain pipes of buildings under construction shall be securely sealed to prevent drainage of clear water, earth or other material into the sewer system at the time of the connection of such building to the system.
All sump pumps discharging clear water shall discharge at least three feet out from the building. The sump discharge pipe preferred location shall be to the front of the building. Where it is not practicable to discharge to the front of the building, all discharge shall terminate not less than the greater of 15 feet or one half the distance from any adjacent property line and shall not be directed to impact any adjacent property in a manner which unreasonably restricts its overall use. All sump pits shall have a minimum diameter of 20 inches, and all inlets shall be not less than 12 inches above the bottom of the sump.
In the event that a septic system in the Village is abandoned because of the connection of the premises served by such system to the sanitary sewer system, the septic tank shall be thoroughly cleaned. The plumbing connections to the sump pump shall be examined and approved by the Plumbing Inspector and evidence presented to him or her of the cleaning of the septic tank. If the septic tank is of approved concrete construction, the system may be used for the elimination of water from downspouts, footing drains and swimming pools and air-conditioning units using water. If the septic tank is not of approved concrete construction, it shall be filled in the approved manner.
A. 
Conditions.
(1) 
The issuance of a permit shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this chapter. No permit presuming to give authority to violate or cancel the provisions of this chapter shall be valid, except insofar as the work or use which it authorizes is lawful.
(2) 
The issuance of a permit shall not prevent the Plumbing Inspector from thereafter requiring the correction of errors or from preventing plumbing operations being carried on thereunder when in violation of this chapter or any other ordinance of the Village.
B. 
Violations. It shall be unlawful for any person, firm or corporation to install any plumbing or drainage in the Village contrary to any or all provisions of this chapter or to intentionally, willfully or maliciously injure or obstruct any sewer, house, drain, catch basin or any plumbing fixture or apparatus, pipes or other parts of any plumbing in actual use or any sewer, water or gas pipes or any parts or apparatus connected therewith laid or constructed in the public ways of the Village.
C. 
Penalties. Any plumber, property owner or other person who shall violate any of the provisions of this chapter or who shall install any plumbing or drainage in the Village contrary to the provisions of this chapter shall be subject to a penalty as provided in § 1-16 of this Code.
[Amended 10-28-2008]