CHAPTER 158

PLUMBING CODE

158.01    UNIFORM PLUMBING CODE ADOPTED. The 2006 Edition of the Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials, is adopted by reference in full, including the Appendices, excluding Appendix K, except for portions as are amended by this chapter. Such volumes and related parts shall be officially recognized as the Plumbing Code of the City. All other existing City codes and ordinances, or parts thereof, that are in conflict with the Plumbing Code and amendments thereto are repealed.

158.02    AMENDMENTS GENERALLY. The 2006 Edition of the Uniform Plumbing Code is amended as set out in this chapter.

158.03    POTABLE WATER MATERIAL STANDARDS. Approved potable water distribution piping and fittings shall be limited to brass, copper, galvanized and steel, and cast iron. Approved plastic materials may be used for building supply pipe.

158.04    SECTION DELETED. Table 4-1 and Table A, Occupant Load Factor, of the 2006 Uniform Plumbing Code are deleted.

158.05    SECTION AMENDED; SIZE OF BUILDING SEWERS. Section 717.0, Size of Building Sewers, of the Uniform Plumbing Code is amended as follows:

717.0 Size of Building Sewers. The minimum size of any building sewer shall be determined on the basis of the total number of fixture units drained by each sewer, in accordance with Table 7-8. The minimum building sewer shall be four inches (4") in diameter. The minimum material requirement is Schedule 40 PVC.

158.06    SECTIONS REPEALED.

1. Sections 102.0 through 102.3.2, Organization and Enforcement, of the 2006 Uniform Plumbing Code are repealed.

2. Sections 103.4 through 103.4.5 of the 2006 Uniform Plumbing Code are repealed.

158.07    PLUMBING PERMIT FEES.

1. The City Council shall, by resolution, establish the applicable permit fees to be charged for all required permits and fees shall be paid and permits issued before work begins.

2. Where work for which a permit is required by this Code is started or proceeded by any person, business, or company who has obtained a prior permit or by the nature of their occupation knowingly commences any work on a building or structure prior to obtaining the permit, the fees specified in this section shall be doubled; with a maximum penalty of $100 for each required permit. Payment of such double fee shall not relieve any person from fully complying with the requirements of this code in the execution of the work or from any other penalties prescribed in this chapter.

158.08    PLUMBING PERMIT REQUIREMENTS.

1. Any work pertaining to the fabrication, installation, construction, alteration, modification, repair or replacement of any plumbing or plumbing system in any building, structure or premises, except for normal service repairs as provided in this chapter shall require approval by the City and a permit issued therefor.

2. There shall be two copies of separate plans for each building or premises for any work, new or old, showing the location and nature of the work to be performed, accompanied by two copes of specifications describing types, materials, construction and installation methods of the plumbing and plumbing systems of the buildings or premises and placed on file in the office of the Code Inspector at the time a request for a plumbing permit is made. The plans and specifications shall be furnished by the owner or his authorized agent, and shall be examined by the Code Inspector prior to issuing a permit. If the plans and specifications show conformance to the requirements of this Code and State and local Boards of Health rules and regulations, they may be approved and a plumbing permit issued.

3. Plans and specifications shall be sufficient in detail to adequately show and describe the nature of work to be performed or prefabricated, and shall be approved or rejected by the Code Inspector within twenty-four (24) hours, except when unusual or complex circumstances may cause the need for an extended period for review. No portion of the plumbing, drainage or plumbing ventilation work of any building or premises shall be executed until the required plans and specifications have been filed with, and approved by, the Code Inspector and written permit secured.

4. All approved copies of any required plans and specifications shall be permanently marked APPROVED, signed and dated by the Code Inspector, and a memorandum of such approval properly endorsed upon the permit issued for the performance of the work. One copy of the approved plans and specifications shall be permanently filed in the office of the Code Inspector and the second copy of the approved marked plans and specifications shall be returned to the owner, or authorized agent when a permit is issued. When authorized by the Code Inspector, the second set of plans may be omitted.

158.09    PLUMBING PERMITS FOR PREFABRICATED OR ENCLOSED UNITS. Any building or structure used or designed to be used for the housing of occupants, or other designated use to which the building is intended, not including mobile homes or other similar units registered under the mobile home laws of the State, must meet the requirements set forth in this chapter. Plans and specifications of the prefabricated plumbing, drainage and plumbing ventilation and water distribution system shall be submitted to the Code Inspector either as a part of the overall building plans and specifications, or submitted separately, for approval in conformance with the provisions of this chapter. The Code Inspector shall further require, where the work is to be prefabricated and enclosed in any wall or space, prior to the issuance of a permit, a statement of compliance with applicable codes and ordinances of the City on forms furnished by the City. The statement shall bear the date, name, title, address and signature of the person or persons acting for and on behalf of the company assembling such prefabricated plumbing units, and stating that the workmanship and materials installed are in accordance with all applicable codes and ordinances of the City. The statement shall further show the type of plumber’s license, registry number and City and/or state of registry of the plumber who either assembled, or supervised and inspected the work during the assembly and installation of same into an enclosed wall or space. Upon satisfactory review of the requirements set forth in the statement of compliance, and following review and approval of the plans and specifications submitted therewith, the Code Inspector shall then issue a plumbing permit. Nothing contained herein shall relieve the Code Inspector of collecting the necessary permit fees, or any necessary or required inspections or testing of the plumbing unit or units as required elsewhere in this chapter, or revoking any permit issued if materials and workmanship are found to be defective, faulty or in violation of any provisions of applicable City codes and ordinances.

158.10    APPROVAL REQUIRED FOR MODIFICATIONS. No changes or modifications to plans and specifications or plumbing work, after approval, shall be made unless such changes or modifications are submitted to and authorized by the Code Inspector, and approved and placed on file as in the case of the original work. No additional fee shall be charged for approval of such changes or modifications unless the scope of work is greater than that contained in the original permit, e.g., additional fixtures desired, etc.

158.11    LICENSING BOARD CREATED. There is created a Board of Plumbing Examiners. The Mayor, subject to the approval of the Council, shall appoint the members of the Board of Plumbing Examiners. The Board shall consist of five (5) members who shall be residents of the City or have their primary place of business within the City, and shall include: one master plumber, one journeyman plumber, and three (3) members shall be selected from the following: a licensed mechanical engineer or a licensed sanitary engineer, a representative from a local plumbing supply business, a sewer contractor, a representative of the Burlington Municipal Waterworks, or a lay person from the general public at large. Three members of the Board shall constitute a quorum for the transaction of any business or vote. The Code Inspector shall be an ex officio member of the Board without vote, and shall perform the duties of Secretary. The terms of membership shall be for three (3) years each and shall be staggered so that no more than two members’ terms expire in any one year. Vacancies shall be filled by the Mayor’s appointment, subject to the approval of the Council, for the un-expired term of any member whose term becomes vacant.

(Ord. 3251 – Nov. 07 Supp)

158.12    BOARD MEETINGS AND HEARINGS. All meetings and hearings of the Board of Plumbing Examiners shall be held at the call of the Chairperson, or upon request by a quorum of the Board, and at such times and places as the Board may determine in order to properly transact its business. All meetings or hearings conducted by the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question or item of business, or if absent or failing to vote, indicating such fact, and shall also keep current and accurate records of its meetings and hearings and other official actions. Findings of fact shall be included in the minutes of each case or item of business, and any reasons for approval or denial of any case or item brought before the Board shall be

specified. One copy of the minutes of any meeting or hearing conducted by the Board shall be filed in the office of the Code Inspector and shall be of public record. The Board shall adopt its own rules of procedure not in conflict with this Code or with the Iowa Statutes, and may select or appoint such officers as it deems necessary. The Council shall provide a suitable place in which the Board shall conduct its required business.

158.13    COMPENSATION AND EXPENSE OF BOARD. The Board of Plumbing Examiners shall serve without compensation except for necessary incidental expenses that are incurred while carrying out the Board’s business. In order for the Board to receive payment of expenses incurred, the Board shall cause to have itemized the expense requests in writing and submit same to the City Manager for review and recommendation, before same is authorized and approved for payment.

158.14    AUTHORITY OF BOARD. The Board of Plumbing Examiners is authorized to perform the following duties and functions in order to carry out the provisions of this chapter:

1. Prepare and conduct written examinations, and examine the practical qualifications of applicants for the licenses required by this chapter (for written examinations, the Board may utilize the services of a professional testing agency in lieu of creating its own tests, and the Examining Board is empowered to adjust the application fees from time to time in order to cover all costs of examinations);

2. Conduct an oral interview with an applicant applying for a plumber’s license to further determine his or her knowledge of plumbing work, if required;

3. Submit to the City Manager the grade of any examination given along with the Board’s approval or disapproval for a plumber’s license;

4. Keep a current list of all persons registered with the Board as apprentice plumbers, and with whom such apprentice is employed, and authorize the issuance of certificates of registry to apprentice plumbers by the Code Inspector;

5. Keep accurate and up-to-date records and minutes of all meetings, hearings and business conducted by the Board;

6. Review the provisions of the Plumbing Code and provide recommendations to the City Council;

7. Investigate or cause to be investigated the liability and competency of any person making application for an initial certificate of license or renewal certificate of license;

8. Revoke or suspend a license of any person holding same or recommend legal action be taken when, by finding of fact, it has been determined by the Board that the license holder has violated any provisions of this chapter or regulations of the State and local Boards of Health;

9. Keep an up-to-date and accurate registry of all plumbers licensed by the City and of all plumbers licensed in any other city or state whose credentials have been accepted by the City, who are actively engaged in plumbing work in the City;

10. Review the credentials of any person who professes to hold a valid plumber’s license in any other city or state, and when such person’s credentials are acceptable and valid the Board may grant temporary reciprocity on a per-job basis; and

11. Suspend or revoke an apprentice plumber’s registration certificate or renewal certificate upon findings of fact that such person has violated the provisions of this chapter, or State and local Boards of Health rules and regulations, or is incompetent, or derelict in performing plumbing work. A hearing shall be held by the Board and notice given to such person in writing, not less than fifteen (15) days prior to the Board’s hearing.

158.15    LICENSE REQUIREMENTS. Any person wanting to do plumbing work in the City of Burlington, including the installation of gas piping, must have a plumbing license. Exception: See license exemptions, Section 158.23.

158.16    MASTER PLUMBER’S LICENSE.

1. A master plumber’s license shall be required for any person engaged in the plumbing business of commercial, industrial, institutional or residential work, either alone or employing one or more licensed plumbers or registered apprentice plumbers. A master plumber license holder shall be responsible for the firm or corporation faithfully observing all regulations set forth by the State and County Boards of Health and this chapter. All plumbing work done by a master plumber license holder shall be subject to official inspection by the Code Inspector. Every person applying for a master plumber’s license shall present notarized affidavits to the Board of Plumbing Examiners showing that the applicant has been actively engaged in plumbing work for a minimum four (4) years and 8,000 hours as a journeyman license holder under the supervision of a licensed master plumber or verifiable equivalent training acceptable to the Board.

2. Master plumbers who represent any firm, business, corporation or partnership may be required to provide documentation upon request that they are directly involved with the aforementioned establishments and represent them on a daily basis. Documentation may include but shall not be limited to partnership agreements, firm ownership, W-2 forms, employment records, etc.

158.17    JOURNEYMAN PLUMBER’S LICENSE. A journeyman license shall be required for any person engaged in commercial, industrial, institutional or residential work while in the employ and under the supervision of a master plumber license holder. All plumbing work done by a journeyman license holder shall be subject to official inspection by the Code Inspector. Every person applying for a journeyman license shall present notarized affidavits to the Board of Plumbing Examiners showing that he or she has been actively engaged in such plumbing work while serving a training period of four (4) years and 8,000 hours as a registered apprentice plumber under the supervision of a master plumber license holder or verifiable equivalent training acceptable to the Board.

158.18    APPRENTICE PLUMBER’S REGISTRATION. Every person who, while learning the trade of plumbing, is assisting in the installation, alteration or repair of plumbing under the supervision of a licensed plumber shall register his or her name and address with the Board of Plumbing Examiners on application forms supplied by the Board. The Board shall issue, within seven (7) days of receipt of such application for registry, a certificate of registration prior to the person performing any work as an apprentice plumber. Each certificate of registry or renewal certificate issued shall expire by its own limitation on December 31 of each calendar year. Renewal certificates may be issued, providing the applicant re-registers upon expiration of the initial registration certificate or renewal certificate. A fee of one dollar ($1.00) shall be paid to the City Treasurer prior to an initial certificate or renewal certificate being issued. A maximum of one apprentice plumber per each licensed plumber on any job may assist in the installation, alteration, repair or removal of plumbing systems or equipment. A maximum of one apprentice registration per each license holder in a plumbing firm or business is allowed to be registered in accordance with this section.

158.19    APPLICATION FOR LICENSE EXAMINATION; FEES. Any person who desires to be licensed as a plumber in the City shall make application to the Board of Plumbing Examiners for an examination, except as elsewhere provided in this chapter. The Code Inspector, acting on behalf of the Board, shall furnish the applicant with the necessary forms as supplied by the Board. One copy of the completed form shall remain in the permanent files of the Board. Upon completion of the application form by the applicant, and prior to the application being processed and examination administered, the applicant shall pay an examination fee as determined by the Examining Board to the City Treasurer. The Code Inspector shall inform the applicant as to the time, date and place of the examination pursuant to the Board’s rules and procedures, and of this chapter. Any person who fails an examination approved by the Board may reapply for an examination under the procedures set forth in this chapter, and shall pay a reexamination fee as above. Any examination or reexamination fee collected shall not be refunded. A waiting period of one year shall be required following three successive failures to pass the required examination.

158.20    EXAMINATION FOR LICENSE. The examination approved by the Board shall be practical and of such nature as to uniformly test the capabilities of all applicants for the type of license applied for. The examination may be by written, oral and performance means in order to adequately determine the applicant’s qualifications and satisfactory plumbing knowledge. A grade in the examination of seventy-five percent (75%) or more shall be considered a passing grade.

158.21    ISSUANCE OF INITIAL CERTIFICATE OF LICENSE. A license, when issued, shall permit such person to do work as a licensed plumber, in accordance with this chapter. The applicant shall deposit with the City Treasurer the required certificate of license fee. The City Treasurer shall then forthwith notify the Code Inspector upon receipt of the fee and the Code Inspector shall forthwith issue a license to the applicant. The license shall be effective as of the date the certificate is issued. The license shall be valid to December 31 of the current licensing period. Licenses obtained during the interim license period shall be pro rata on a yearly basis.

158.22    ISSUANCE OF RENEWAL CERTIFICATE OF LICENSE.

1. If the licensed plumber applying for a renewal certificate has not been found to have violated any of the provisions of this chapter, the renewal fee shall be filed with the City Treasurer. The City Treasurer shall then forthwith notify the Code Inspector that the fee has been collected. The Code Inspector shall then issue a renewal certificate effective for the current licensing period.

2. The applicant may, however, be allotted a thirty-day grace period, following the expiration of his or her certificate, in which to reinstate the license, if just cause can be shown as to reasons for delay. The form of the certificate of license and of the renewal certificate of license shall be as determined by the Board of Plumbing Examiners. The renewal certificate shall, however, bear the same certificate of license number which was issued when the initial certificate was issued.

3. If the licensed plumber has failed to apply for a renewal license within the time allowed by this section, the license shall not be renewed. Any person who again desires to become a licensed plumber after such person’s license has lapsed shall be required to make application to the Board for a license examination as elsewhere provided in this chapter.

158.23    LICENSE EXEMPTIONS.

1. Homeowners. A homeowner of a single-family dwelling or two-family dwelling residing on the premises of such dwelling shall not be required to obtain a license to do plumbing work. This required exemption does not include or authorize such homeowner to do plumbing work on or in any other premises or building owned or rented out, except for normal service repairs. Nothing contained in this section shall relieve a homeowner from securing a plumbing permit prior to commencing plumbing work, or relieve the Code inspector from making any necessary inspections of the plumbing work done by a homeowner. A homeowner may perform normal service repairs outside any trap or water supply line without need for securing a plumbing permit. For the purposes of this chapter, “homeowner” includes any owner, part owner or joint owner who resides on the premises of a single-family dwelling or two-family dwelling. No person shall be required to obtain either a license or plumbing permit for any normal service repair within his or her own home to any trap or outside thereof, or outside any outside water supply line. Normal service repairs shall mean the correction or replacement of leaky or faulty traps, and the repair or replacement of any water shutoff valve within a building or to exterior hose bibs.

2. Employees of Industrial, Railroad, Public Utility Establishments and City. No person shall be required to obtain a license while engaged in the full-time employ of any industrial, railroad, public utility establishment, or the City of Burlington to perform any maintenance, service repair or replacement of existing fixture and indirect drainage, including plant modification process changes, as a part of that employment. All of the aforesaid establishments, except the City of Burlington, shall secure plumbing permits for work performed by their assigned employees, and any necessary or required inspections must be made by the Code Inspector. Although not required to obtain a plumbing permit, the City shall notify the Code Inspector of the proposed work and such work must conform to the Plumbing Code and be inspected accordingly.

158.24    LICENSE RECIPROCITY.

1. Plumbing licenses from the cities of Fort Madison and Keokuk, Iowa, shall be honored without payment of any Burlington licensing fee, provided that the licensing standards of the cities remain similar to those of Burlington’s to the satisfaction of the enforcement authority and the Plumbing Board.

2. Any person who is licensed as a plumber in any other city or state that has similar licensing standards, and who can produce credentials showing proper and current accreditation as a licensed plumber from the city or state, may be excused from paying an examination fee and taking the examination required in this chapter. Proper credentials and nonrefundable application fees, however, shall be submitted at least ten (10) working days prior to the start of a job. Upon review and verification of credentials, a final decision shall be made as to the granting or denial of such reciprocity. Reciprocity will be granted on a per-job basis only. Reciprocity requests by the Code Inspector may be appealed to the Plumbing Board.

3. Licensees, other than tested and in substantial conformance with City of Burlington requirements, will not be considered for reciprocity except for licenses issued by the cities of Fort Madison, Mount Pleasant, and Keokuk, Iowa, prior to October 26, 1991.

158.25    LICENSE FEES. The City Council shall, by resolution, establish the applicable license fees to be charged for issuance of and renewal of any plumbing licenses required by this Code. Application fees to cover the direct costs of required master and journeyman examinations are established by the Board.

158.26    TRANSFER PROHIBITED. It is unlawful for any licensed plumber or any apprentice plumber to transfer his or her license or registration, or to allow or permit the same to be used either directly or indirectly by any other person, for any purpose or reason whatsoever.

158.27    LICENSE REVOCATION OR SUSPENSION.

1. The Board shall have the power to revoke or suspend any license, or renewal thereof, upon finding of fact of any fraud or deceit in obtaining a license, or failure to comply with any of the provisions of this chapter, or any rules and regulations of the State and County Boards of Health; or for gross negligence, incompetence or misconduct in the installation, repair, alteration, renewal or remodeling of any plumbing, drainage or plumbing ventilation system.

2. In all cases involving the suspension or revocation of a license at least fifteen (15) days’ notice shall be served by the Code Inspector, upon direction by the Board, to the person whose license is in question. The notice shall indicate the time, place and date of the hearing, and the general grounds for the contemplated suspension or revocation. The notice shall further advise the holder of the right to appear at the hearing in person or be represented by agent or attorney for the purpose of presenting a defense.

3. The time limits governing the suspension of a license, as imposed by the Board, shall not be less than thirty (30) days or more than one year.

4. When a license is suspended or revoked by the Board, the licensee shall surrender such license to the Code Inspector upon receipt of a written notice sent by certified mail by the Code Inspector stating the Board’s final disposition and action on the case. A suspended license shall be returned by the Code Inspector by registered mail upon completion of the suspension time imposed by the Board. Any person whose license has been revoked shall not be permitted to apply for another license for a period of one year from the date of such revocation of the license. Any person whose license has been suspended or revoked shall have the right to appeal the Board’s decision to District Court within thirty (30) days from the date of the Board’s action.

158.28    PENALTY. Any person violating any of the provisions of this chapter shall, upon conviction, be subject to the penalties set forth in Section 1.14 of this Code of Ordinances or a violation of any of the provisions of this chapter shall constitute a municipal infraction and may be enforced under Chapter 4 of this Code of Ordinances.

(Ch. 158 – Ord. 3241 – Aug. 07 Supp)