CHAPTER IV. BUILDING AND CONSTRUCTIONCHAPTER IV. BUILDING AND CONSTRUCTION\ARTICLE 3. PLUMBING CODE

(a)   Nothing in this article shall require any change in either the plumbing plans, construction, installation, designated use or equipment of any building or structure for which a permit was granted or outstanding, or any plumbing which was completed in accordance with a permit prior to this enactment, except as may be required to safeguard the public health or sanitation from unsafe or unsanitary plumbing installations and any unlawful cross connections between any building drainage system and the public water supply.

(b)   If the plumbing or drainage system of any building or on any premises which is occupied as a place of human habitation is found to endanger the public health or to be unlawfully cross connected, the same shall be altered or corrected to comply with the terms of this article.

(Code 1962, 5-509)

The term “plumbing” as used in this article shall be construed to mean the installation of pipes, fixtures, apparatus and the necessary connections either for supplying water to or for the removing of liquid and water-borne wastes from private premises in the city, or both such purposes, and shall also denote installed fixtures, drainage and vent systems and water distribution systems as the case may be.

(Code 1962, 5-501)

There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for the practice of plumbing and gas-fitting, including the installation, maintenance, extension and alteration of all pipes, fixtures, appliances and appurtenances in connection with sanitary sewers and public and private water and fuel gas systems, the International Plumbing Code, 2009 Edition, as published by the International Code Council, such code being made as a part of the ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. No fewer than three copies of the code shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Hoisington,” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business. Any person violating any provisions of such code shall be punished as provided in section 1-116 of this code.

(Code 1997)

That section of the Uniform Plumbing Code, as incorporated above, establishing the amounts of permit fees is hereby deleted.

(Ord. 958, Sec. 3; Code 1985)

In manufacturing plants, public halls, pool halls, bar rooms, restaurants, lodge halls, theaters, churches, deposits, and all places of public assembly, all toilet rooms, lavatories and water closets, compartments or any other enclosure where plumbing fixtures are used, and all public toilet rooms, shall have a floor made of non-absorbent, indestructible, waterproof material.

(Code 1962, 5-506; Code 1985)

All places where cereal malt beverages are sold for consumption on the premises and all places of public resort for amusement or recreation, such as dance halls, bowling alleys, skating rinks, pool hall and billiard parlors, shall be equipped with one or more water closets and lavatories, as follows:

(a)   At least one water closet and one lavatory for each sex.

(b)   Where toilet rooms for each sex are adjacent to each other, they shall be separated by approved sound resistive partitions extending from floor to ceiling.

(c)   Entrances to each separate room shall be as far apart as practicable and each room shall be properly signed.

(d)   Each such room shall be separately lighted by an electric light controlled by a wall switch near the door.

(Code 1962, 5-507)

Dry closets, chemical toilets, and frost proof or Vogel type flush closets are prohibited in any structure or on any premises required by law to connect to the city sanitary system. Water closets may be constructed in accessory buildings to be supplied with water for flushing from pipes protected against freezing when the valve controlling such water supply is set above the water source on the inlet side and protected by an air space sufficient to guard against pollution of the public supply of water Frost proof or Vogel type closets may be installed in any such place when there shall be no cross connection between water supply piping and the sewer drain side of the fixture and provision is made to drain the waste from the supply side of the fixture into a pit filled with coarse gravel, crushed rock, or cinders. All such installations shall be made only upon the issuance of a special permit specifying the conditions under which installation shall be made and the same shall be inspected and approved by the plumbing inspector before the water supply shall be turned into the piping.

(Code 1962, 5-508)

(a)   It shall be unlawful to install, alter or reconstruct any plumbing, as defined by the plumbing code, in any building in the city without making application to and receiving a permit therefor from the city clerk. All such permits shall be endorsed by the plumbing inspector upon his or her examination and approval of the application for the permit. No permit shall be required for making minor repairs of any plumbing including repair of leaks in water pipes, traps or cocks, opening up stoppage in waste or supply pipes, traps or drains, replacing fixtures when waste pipes are not disturbed, replacing or repairing hot water tanks, or replacing frozen pipes inside the building, and like repair work not involving original installation or reconstruction.

(b)   No permit for any plumbing work shall be issued to any person, firm, or corporation other than one licensed to engage in the business or trade of plumbing in the city, except that a permit may be issued to any person for any plumbing to be performed personally by such person upon any premises owned by him or her except in the plumbing of buildings constructed or remodeled for purposes of sale or rent.

(Code 1962, 5-502; Code 1985)

Applications for plumbing permits shall be made in writing and filed in the office of the city clerk by the licensed plumber, plumbing contractor, or homeowner proposing to do the work and shall include the location of the building, the name of the owner, a statement of the work proposed to be done, and the estimated cost thereof. In the case of original installation or construction, the plans and specifications of the architect or builder shall be submitted to the plumbing inspector along with the application. When the inspector shall be satisfied that the plumbing can and will be done in accordance with the laws of the city the permit shall be issued, after payment of the required fees. No alteration in plans or specifications shall be made after the permit is issued unless special application is made to the plumbing inspector, the inspector grants his or her approval in a written memorandum, and such memorandum is filed with the original application.

(Code 1962, 5-502; Code 1985)

(a)   Plumbing permits shall be issued after the approval of the application upon payment to the city clerk of the following fees:

(1)   Permit for house plumbing, including pipes, vents, building sewers, and not to exceed five fixtures, the sum of $8.00.

(2)   Each additional fixture, the sum of $2.00. The aforesaid fees shall cover the expense of making not more than three inspections of any plumbing work;

(3)   Connecting or reconnecting building sewer drain to public sewer, $3.00;

(4)   Each septic tank system, when authorized by law, the sum of $3.00;

(5)   Each house water distribution system, not to exceed one inspection, when inspection not performed under item (1) hereof, the sum of $3.00;

(6)   Minimum fee, not otherwise covered herein including alteration of any system, amendment of application, relocating of fixtures; reinspection after corrections or additional inspection not otherwise included in permit fee or when requested by permit holder, each such inspection, the sum of $2.00. All additional fees herein required for additional inspections or altered work not paid at time of permit issuance shall be billed and paid to the city clerk before any certificate of final approval shall be issued by the plumbing inspector After regular city employee working hours, or on holidays or other non-working days, any requested inspection shall be made for a fee to be determined by the city manager, which will reimburse the city for its actual cost for the inspector's time.

(b)   Each permit shall describe the plumbing authorized and no plumbing work shall be begun or completed except as shall have been authorized.

(Code 1962, 5-503; Ord. 1008; Sec. 11; Res. 15-2013)

The permit holder shall display the permit upon the premises for which it is issued until the work shall be finally tested and approved. The permit shall be placed in such a manner that it is visible to the public from the street or public right-of-way.

(Ord. 1117, Sec. 1)

(a)   All plumbing work for which a plumbing permit is required by this article shall be subject to inspection by officers or employees of the city appointed or designated by the city manager. No such plumbing shall be used until inspected and approved by the inspector.

(b)   The number of inspections required for any system of plumbing shall be stated on the permit at the time of issuance. It shall be the duty of the plumber or other installer of any such work to notify the city a reasonable time in advance of the completion of any portion of the plumbing work to enable the inspector to make the required inspection.

(c)   When the roughing-in of any building plumbing system and/or any building sewer drainage system and the required installations to be used in connection therewith are completed and before the same are concealed or covered, the plumbing inspector shall make his or her first inspection. The connection of the building sewer drain to the sanitary sewer lateral shall be subject to a separate inspection at the time the connection is made and such connections may be made while the inspector is present and under his or her supervision. When the entire system of plumbing authorized by any permit shall be finally completed and before the same is used, the work shall be finally inspected.

(d)   The plumbing inspector shall make a record of all inspections made by suitable notations upon the permit therefor together with his or her orders directing the correction of any installation and his or her final approval thereof in event the same is approved.

(Code 1962, 5-510)

(a)   Tests of any drainage system shall be made by the plumber in the presence of the plumbing inspector. All materials and labor for any such test shall be supplied by the permittee. The system shall be prepared and ready for testing upon the arrival of the inspector.

(b)   A water test shall be applied to the drainage system in its entirety or in sections as may be required for complete inspections of any drainage system. If applied to the entire system, all openings shall be tightly plugged except the highest opening above roof level and system filled with water to the point of overflow above the roof. If the system is tested by sections, each opening of the section under test shall be subject to the pressure of a 10 foot head of water filling the preceding tested section, except that sections underground may be subjected to a test of five foot head of water. Where additional fixture connections are made to any existing system and more than 15 feet of horizontal branch waste pipe is run, a test shall be made as for a new system.

(c)   When the temperature of any building where a drainage system is to be tested is such that water may freeze, such system may be tested by a smoke, air, or other approved method in accordance with standard practices.

(d)   Upon the final test or inspection of any separate system of plumbing, the plumbing inspector shall note the same in his or her records and issue his or her certificate of approval to the permittee or owner of the premises.

(Code 1962, 5-511)

(a)   It shall be the duty of the plumbing inspector to make all inspections of any plumbing systems as may be required by this article, to keep a record of such inspections and his or her orders in connection therewith and to issue certificates of final approval as authorized herein.

(b)   Officers and employees of the city performing any duties under the authority of this section, shall have the right to enter any premises in the city during reasonable hours for which a permit shall have been issued for any plumbing work to inspect the same for conformity with such article. It shall be unlawful for any person or persons to hinder or obstruct any such officer or employee in the performance of duty.

(c)   The plumbing inspector is empowered to reject or order the correction or alteration of any plumbing system which shall be defective or otherwise not in conformity with the minimum standards of this article and may fix a reasonable time for such correction or alteration to be made. The failure or refusal of the plumber or other responsible party to comply with such orders shall constitute a violation of this article, The city reserves the right to refuse the issuance of any plumbing permit to any such person until he or she shall have complied with the conditions of any order for the correction or alteration of any plumbing work.

(d)   All orders made by the plumbing inspector shall be subject to tile right of appeal by the permit holder within five days to the city manager for his or her decision upon the interpretation of any provisions of this article applicable to the matter in controversy. The decision of the officer shall be binding upon the permit holder, and the plumbing inspector, unless there is a further appeal within five days to the governing body.

(e)   In the event that any plumbing is not ready for inspection when the inspector is on the premises ready to make his or her inspection or it becomes necessary by fault of the plumber to make additional inspections not specified in the permit, the cost of an additional inspection shall be charged and collected before any certificate of approval is issued.

(Code 1962, 5-512)

It shall be unlawful for any person, firm, or corporation to engage in the occupation or business of plumbing or gas-fitting as herein defined, either as contractor or employee, without first having a valid license, licenses, or certificate to engage in such occupation or business and without having paid such fee or fees and giving the surety bond or bonds as may hereinafter be provided for such purpose.

(Code 1962, 5-601)

(a)   Any person, firm or copartnership or corporation desiring to engage in the occupation or business of installation, repair, replacement, renewal and relocation of pipes, appliance, fixtures, fittings, and other apparatus for distribution and/or consumption of a natural or manufactured gas supplied for illuminating or fuel purposes in or on any premises, or the installation of pipes, fixtures and other apparatus or equipment, either for supplying water to premises or removing liquid and water-borne wastes or both therefrom, including installed fixtures, drainage and vent systems and water distribution systems and the other activities commonly known as plumbing, shall, for the purposes of this article, be licensed as “plumbing contractors.” The application for a plumbing contractors' license shall state the proper name of the firm, company, or corporation, the names of the firm's or company's members (if individuals or a partnership) or officers of the corporation (if a corporation), the business address or home office and shall have attached thereto the name or names of the plumbers employed, the number usually employed in the city, and the training or experience of such employees. Such application shall be signed by such individual, a member of the firm or company, or the principal officer of the corporation or his, her or their duly authorized agent, and be verified.

(b)   Upon filing of the application with the city clerk, the city manager shall determine the qualifications of the applicant. If the applicant is found to be qualified to engage in business as a plumbing contractor in accordance with the laws of the city, the city manager shall direct the city clerk to issue a license to such contractor, upon payment of the required license fee or fees, and the filing of a corporate surety bond as hereinafter provided.

(Ord. 1344; Code 2006)

(a)   Any person desiring to engage in the occupation of installation, repair, replacement, renewal and relocation of pipes, appliances, fixtures, fittings, and other apparatus for distribution and/or consumption of a natural or manufactured gas supplied for illuminating or fuel purposes in or on any premises, or the installation of pipes, fixtures and other apparatus or equipment, either for supplying water to premises or removing liquid and water-borne wastes or both therefrom, including installed fixtures, drainage and vent system and water distribution systems and the other activities commonly known as plumbing as an employee for a plumbing contractor as herein defined, in the city, shall first make application in writing to the city clerk for a certificate to engage in such occupation. Each such application shall be filed individually by the applicant and verified under oath, and shall state the name of the applicant, his or her firm or business name, if any, place of business in the city or otherwise, his or her home address, his or her age, and qualifications and where previously licensed or certificated as a plumber

(b)   Upon filing of such application, the city manager shall make such examination as may be deemed necessary, touching the professional skill or knowledge of such applicant respecting the plumbing code of the city. If the applicant shall be deemed to be qualified to engage in the occupation of plumbing as provided by law, the city manager shall direct the city clerk to issue a certificate to such applicant, upon payment of the required fee or fees.

(Ord. 1344; Code 2006)

(a)   The license or certificate fee required to be paid shall be as follows:

(1)   Plumbing Contractor: $85.00;

(2)   Plumber's Certificate: $25.00.

(b)   All such licenses shall be dated as of the time of issuance and shall expire on the 31st day of December next following the date of issuance. All such licenses shall be renewable on or before the date of expiration and upon payment of the fees or taxes required for the ensuing year.

(Code 1962, 5-604; Ord. 1008, Sec. 7; Res. 15-2013)

(a)   Any person, firm, company or institution engaged in other business or enterprise and having plumbers in their employ to install plumbing or equipment in connection therewith, or to maintain the same and doing his, her or their own plumbing work on buildings or equipment used, owned or occupied by himself, herself or themselves, shall be required to obtain a license in connection with such plumbing work incidental to such other business use or occupancy the same as a plumbing contractor.

(b)   Any property owner who shall file with the city clerk his or her affidavit that the plumbing work for which he or she requires a permit is to be done by him or her in a building owned and occupied by him or her as his or her homestead and further stating that he or she will not hire anyone nor request anyone to do the work for him or her, either for money or for nothing, and in case the work is not approved by the plumbing inspector, that he or she will employ a licensed plumbing contractor to correct the violations and complete such work, shall be entitled to such homeowner's permit, upon the payment of a fee in the sum of $3.00.

(Code 1962, 5-606; Code 1985; Code 1997, 4-320; Res. 15-2013)

(a)   Before any license shall be issued to any contractor required by this article to obtain a license and pay a fee to the city, the contractor shall procure and maintain a liability insurance policy issued by some insurance company authorized to do business in the State of Kansas. A builder or building contractor may qualify as to the insurance requirements by filing a certificate with the city clerk executed by the resident agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by this article.

(b)   The licensee shall assume all risks incident to or in connection with its business and shall indemnify, defend and save the city harmless from damages or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the licensee's business and arising from acts or omissions of its employees and shall indemnify, defend and save harmless the city from any and all claims, suits, losses, damages, or injuries to any person or property of whatever kind or nature arising directly or indirectly out of the business or resulting from the carelessness, negligence or improper conduct of the licensee or any of its agents or employees.

(c)   The licensee shall carry workmen's compensation and employer’s liability in accordance with state laws and shall carry comprehensive general liability insurance, including broad form property damage liability and completed operations, in the following amounts:

(1)   Bodily Injury: $500,000 for the injury or death in anyone accident.

(2)   Property Damage: $250,000 per accident.

(d)   The insurance policies shall be issued by a company approved by the city.

The city shall be furnished with a certificate of such insurance, which shall provide that such insurance shall not be changed or canceled without 10 days prior written notice to the city. Certificates of insurance shall be delivered to the city prior to issuance of the license.

(Ord. 1072, Sec. 3; Code 2006)

It shall be unlawful for any licensed or certificated person under the terms of this article to permit his, her or its license or name to be used by any person, firm, or corporation, either directly or indirectly, either for the purpose of obtaining a permit under the city plumbing code or for the doing of any plumbing work thereunder Any license or certificate so used may be suspended or revoked as provided in section 4-323.

(Code 1962, 5-606; Code 1997, 4-322)

The city manager on his or her own motion, or on complaint of the city plumbing inspector, may suspend any license or certificate issued under the conditions of this article upon reasonable notice to and opportunity for a hearing on such suspension given any licensee or certificated person who or which shall:

(1)   Permit other to use his, her or its license or certificate;

(2)   Failure to correct defective work in accordance with a lawful order of the inspector; or

(3)   Failure to observe any provision of the city plumbing code pertaining to permits, inspections or standards of installation.

Any such license or certificate suspension may extend for a period of not to exceed 30 days unless the city council shall upon an appeal by the licensee or certificated person from the order of suspension terminate the same. The council may on satisfactory evidence of repeating violations of the city laws suspend such license or certificate for not to exceed the period for which the license or certificate may be valid without renewal, not exceeding six months. No license fee or certificate fee shall in any event be refunded by the city.

(Code 1962, 5-608; Code 2006)

When it appears that the laying or repairing of any water or sewer pipes or the making of any connection therewith shall require excavation in any street, alley or public way of the city or the cutting or removal of any pavement, curb or gutter or any sidewalk, during the course of such work, the application for a permit shall so state and describe the location and extent of the excavation, cutting or removal. Before the city- clerk shall issue any permit for such work, the applicant shall pay any fee required by this code. All excavations shall be barricaded and guarded as provided by the appropriate sections of this code, Before any such excavation shall be backfilled, new plumbing work therein shall be inspected and the bottom of the excavation holding any sewer, drain or water pipe shall be so filled, leveled and tamped as to properly support the pipe and permit proper drainage when carrying sewage, and the excavation shall be backfilled and all paving, curbing, guttering or sidewalks shall be restored as near as possible to their last condition, subject always to the approval of the plumbing inspector or the superintendent of streets.

(Code 1985; Code 1997, 4-324)

If any section of the Uniform Plumbing Code shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then such section shall be considered separate and apart from the remaining provisions of the Uniform Plumbing Code, the section is to be completely severable from the remaining provisions which shall continue in full force and effect.

(Code 1985; Code 1997, 4-325)

(a)   Any person, firm, corporation or organization of any kind who violates any provision of this article shall be subject to the general penalties specified in section 1-117 of this code.

(b)   Each and every 24-hour period after an official notice of a violation of this article has been given to person, firm, corporation or organization of any kind who or which is in violation of this article, and after a reasonable time as specified on the official notice has expired for correction of such violation, shall constitute a separate violation of this code.

(Code 1985; Code 1997, 4-326)