The term plumbing as used in this article shall be construed to mean the installation of gas or water pipes, fixtures, apparatus and the necessary connections either for supplying gas or water to premises or for the removing of liquid and water-borne wastes from premises in the city, or both such purposes, and shall also denote installed fixtures, drainage and vent systems and gas or water distribution systems as the case may be.
(Code 1990)
(a) For the purpose of establishing the minimum standards for the performance of any work defined as “plumbing” in this chapter, there is adopted the International Plumbing Code, 2003 Edition, as adopted by the Annual Conference of International Association of Plumbing and Mechanical Officials, which is incorporated in this chapter by reference, excepting Appendix A, “Permit Fees.”
(b) For the purpose of establishing the minimum standards for the performance of any work defined as “mechanical” in this chapter, there is adopted the International Mechanical Code and International Fuel Gas Code, 2003 Editions, as adopted by the Annual Conference of Plumbing and Mechanical Officials, which is incorporated in this chapter by reference, including appendixes, and excluding section 621 of the Fuel Gas Code, “Unvented Room Heaters,” which are not allowed in this jurisdiction, as though set out in full in this chapter, excepting Appendix B of the Mechanical Code, “Permit Fees.” Any person violating any provisions of such code shall be punished as provided in section 1-116 of this code.
(Ord. 1208, Sec 1; Code 2005)
The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-302.
(Code 1990)
The city superintendent or his or her authorized designee shall be responsible for the administration and enforcement of this article and appointment of a plumbing inspector in accordance with section 4- 104 of this chapter, which apply in a like manner to this article.
(Code 1990)
The city superintendent may assume the responsibilities of or appoint some qualified officer or employee of the city to be and perform the duties of plumbing inspector as may be required, subject to the consent and approval of the governing body.
(Code 1990)
The plumbing inspector shall have the following duties:
(a) To enforce all regulations relating to plumbing construction, alteration, repair or removal;
(b) May permit, with the approval of the governing body, on the basis of duly authenticated reports from recognized sources, the use of new materials or modes of construction, not provided for in this article, and may, for the purpose of carrying out the intent of this article adopt an accepted standard of material or workmanlike practices of federal or state bureaus, national, technical organizations or fire underwriters;
(c) To examine all buildings in the process of erection, construction, alteration or relocation in the city for the purpose of determining whether the work is in compliance with the plumbing permit given and in compliance with the regulations of the city pertaining to such work, including zoning regulations; and
(d) To keep comprehensive records of applications, of permits or certificates issued, of inspections made, of reports rendered, and of notices or orders issued. All such records shall be open to public inspection during stated office hours, but shall not be removed from the office of the building official or plumbing inspector without his or her written consent.
(Code 1968, 3-415; Code 1990)
The plumbing inspector shall have the following powers:
(a) To enter any building or structure or premises at any reasonable hour, whether complete or in the process of erection, to perform the duties contained in this chapter;
(b) To adopt and enforce all such prudent emergency measures as he or she may deem necessary and expedient for the public safety under the laws of the city;
(c) May cause any work done in violation of this chapter to be discontinued until he or she shall have satisfactory evidence that the work will be done in accordance with the plumbing regulations of the city, subject to the right of any plumber, plumbing contractor or owner to appeal to the governing body.
(Code 1968, 3-415; Code 1990)
The plumbing inspector, or his or her agent, upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour to perform his or her duties as set out in this chapter.
(Code 1968, 3-415; Code 1990)
(a) The governing body shall be the final determiner of the scope and meaning of all provisions of the plumbing code which may be unclear, ambiguous, or requiring interpretation.
(b) The plumbing inspector shall have power to modify any of the provisions of the plumbing code upon application in writing by the owner or lessee or his or her authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code. In approving modifications, the plumbing inspector shall see that the spirit of the code is observed, public safety secured and substantial justice done. The particulars of a modification when granted or allowed and the decision of the inspector thereon shall be entered upon the records of the plumbing inspector and a signed copy shall be furnished to the applicant.
(Code 1990)
(a) It shall be unlawful to install, alter or reconstruct any plumbing or plumbing system, as defined by the plumbing code and section 4-301, in any building in the city without first making application to and receiving a permit therefor from the building inspector. The application for such permit shall be made and the permit obtained before any plumbing work is commenced.
(b) An application for a permit shall be deemed to be abandoned 180 days after the date of issuance, unless such application has been granted or the application pursued in good faith. However, the building official is authorized to grant one or more extensions of time in periods of 90 day increments for good cause shown. Such extensions shall be requested in writing and basis for the request detailed within the request. Applications for a permit and applications for extensions are subject to fees as set forth in the fee schedule of the City of Ellis.
(c) 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, or replacing frozen pipes inside the building, and like repair work not involving original installation or reconstruction.
(Code 1990; Ord. 1412; Code 2022)
(a) A plumbing permit shall be issued upon an application in writing to the office of city clerk on a form or forms provided for the purpose. This application shall, among other things, disclose the following:
(1) The name of the owner of the lot or tract of ground;
(2) The location of the building or structure;
(3) The plumbing work proposed;
(4) The class of occupancy;
(5) The class of construction;
(6) The kind of materials to be used;
(7) The estimated cost of the work;
(8) The date work will commence;
(9) Expected date of completion;
(10) Name and address of plumber, plumbing contractor or contractors doing the work;
(11) Such other information as may be pertinent to the issuance of the required permit.
(b) An application for a plumbing permit shall be signed by the owner or his or her duly authorized agent, or a plumber or plumbing contractor licensed by the city. If the application is made by the owner or his or her agent, it shall contain the name or names of the licensed plumber, plumbing contractor or contractors doing the work described, or a plumbing permit may be issued to the owner upon his or her application disclosing satisfactory evidence that the proposed work will be performed by the owner, himself or herself and not by a licensed plumber or plumbing contractor, and likewise subject to the final approval of the plumbing inspector for work performed.
(c) Upon approval of the completed application and a determination that a permit should be issued, the chief building official or his or her assistant shall issue a permit to the owner or contractor authorizing the plumbing work covered by the application.
(d) Any permit issued under this section shall be valid and subsisting for a period of not more than six months from the date of issuance unless the permittee shall have commenced, within the period so limited, the plumbing work authorized by such permit. Plumbing work commenced for the purpose of this section shall mean the beginning of plumbing work other than the preparation of plans or the letting of a plumbing contract.
(Code 1990)
Whenever an application for a plumbing permit is made, the chief building official or the plumbing inspector may, if he or she finds it necessary to determine whether work described in the application will comply with the laws pertaining to such work, require that the applicant file a written description or drawing of the proposed plumbing construction as may be prepared for the purpose. If such drawing or description is insufficient for the purposes of determining whether a permit should be issued, the chief building official or the plumbing inspector may require the applicant to file complete architectural and engineering plans and specifications for such building or construction, or any part thereof, as may be necessary for the inspector to determine compliance with this article. The filing of such plans and specifications and the approval thereof in connection with an application for a permit shall not in any way affect the authority of the city to deny or issue a permit, or to inspect any plumbing work for conformity with this article.
(Code 1990)
The fee for a plumbing permit shall be established by resolution of the governing body. The fee herein shall be paid to the city clerk upon obtaining a plumbing permit and the same shall be credited to the general operating fund of the city.
(Code 1990)
A copy of the plumbing permit shall be kept on the premises for public inspection during the performance of the work and until the completion of the same. The plumbing inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof.
(Code 1990)
Upon the completion of any plumbing work covered by this article, it shall be the duty of the person doing such work to notify the plumbing inspector and request that it be inspected; after which such work shall be inspected promptly as hereinafter provided.
(Code 1990)
(a) When any plumbing is to be hidden from view by the permanent placement of parts of the building, the person, firm or corporation installing the plumbing shall notify the plumbing inspector and such equipment shall not be concealed until it has been inspected, approved or authorized by the plumbing inspector or until 24 hours, exclusive of Saturdays, Sundays and holidays, shall have elapsed from the time of such notification. On large installations, where the concealment of plumbing proceeds continuously, the person, firm or corporation installing the plumbing shall give the plumbing inspector due notice and inspections shall be made periodically during the progress of the work.
(b) The plumbing inspector shall have the authority to require owners or contractors to open such work which, in any manner, conceals plumbing that has been closed without his or her knowledge or permission, and in no case shall the inspector issue a certificate of approval until satisfied that the work is in accordance with the provisions of this article. The inspector shall also have the right to refuse to issue a certificate of approval on any plumbing, that is concealed in such manner that it cannot be fully determined that it has been done in accordance with this article.
(Code 1990)
Inspection fees shall be established by resolution of the governing body. Inspection fees shall be paid before any plumbing will be approved or a certificate of approval issued.
(Code 1990)
(a) When the plumbing inspector finds plumbing construction to be in conformity with the provisions of this article, he or she may issue to the person, firm, or corporation performing the plumbing construction, a certificate of approval, with duplicate copy for delivery to the owner, authorizing the use of the plumbing system and connection to the supply of gas or water, as the case may be.
(b) When a certificate of approval is issued authorizing the connection and use of a temporary gas or water supply, the certificate shall expire at a time to be stated therein and shall be revocable for cause by the plumbing inspector.
(c) In no case shall certificates of approval be issued on plumbing or plumbing systems or parts of systems where the work installed does not conform to the requirements of this article.
(d) If, upon inspection, the plumbing or plumbing system is not found to be fully in conformity with the provisions of this article, the plumbing inspector shall immediately notify the person, firm, or corporation making the installation of the existing defects.
(e) No certificate of approval shall be issued unless the plumbing or plumbing system has been installed in strict conformity with the provisions of this article and unless the plumbing or plumbing system is made in compliance with nationally approved methods of construction for safety to life and property as herein set forth.
(f) The plumbing inspector shall be deemed the judge of whether the plumbing or plumbing system has been made in accordance with the requirements of this article.
(g) No certificate of approval 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, or replacing frozen pipes inside the building, and like repair work not involving original installation or reconstruction.
(Code 1990)
It shall be unlawful for any person, firm, or corporation to make connection to a supply of gas or water for which an inspection is required, or which has been disconnected by the order of the plumbing inspector, until a certificate of approval has been issued by the plumbing inspector authorizing the connection and use of such plumbing or plumbing system. The plumbing inspector may, at his or her discretion, authorize a temporary connection.
(Code 1990)
(a) If in the judgment of the plumbing inspector, after inspection, the plumbing or plumbing system in any building are unsafe or dangerous to persons or property, the inspector shall have the power to cause the plumbing or plumbing system to be disconnected from the supply of gas or water and may, at his or her discretion, seal the control valves for the same in a closed or disconnected position, whereupon he or she shall give notice to the owner, or his or her agent, or by posting such notice at the site and shall also notify the utilities serving the premises. Thereafter, it shall be unlawful for any person to cause or permit gas or water to be supplied to the plumbing or plumbing system so sealed until they shall have been made safe and the inspector shall have issued a certificate of approval to that effect.
(b) When the plumbing inspector condemns all or part of any plumbing system, the owner may, within 10 days after receiving written notice thereof, file a petition in writing for review of the action of the plumbing inspector by the governing body, upon the receipt of which the governing body shall at once proceed to determine the facts, and within 10 days from receiving the petition make a decision in accordance with their findings.
(Code 1990)
(a) Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) Gas plumbing means the 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 and shall denote installed gas piping and fixtures as the case may be.
(2) Plumbing means 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, from such premises and shall denote installed fixtures, drainage and vent systems and may include “gas plumbing” as the case may be.
(b) Classes. The following classes are established.
(i) Master Plumber. A master plumber shall certify at least five years of practical experience in the plumbing trade doing the type of work he will be required to perform, supervise, or direct. Two years satisfactory work in an accredited school and three years practical experience may be accepted in lieu of the foregoing requirements. First time applicants must provide proof of having passed ICBO, Experior or Thomason Prometric Testing.
(ii) Journeyman Plumber. A journeyman plumber shall certify at least three years of practical experience in the plumbing trade doing the type of work that he will be required to perform, supervise, or direct. One year satisfactory work in an accredited trade school and two years practical experience may be accepted in lieu of the foregoing requirements. First time applicants must provide proof of having passed ICBO, Experior or Thomason Prometric Testing.
(iii) Plumbing Contractor. Plumbing contractors are those persons who are licensed and have in their employ master plumbers and others who are qualified and equipped to serve the public in the installation, repairing, replacement, requiring, and maintenance of plumbing systems and the installation of fixtures, appliances, and other plumbing apparatus. For the purpose of meeting the requirements of this section, a master plumber may act as the master plumber for only one plumbing contractor. The holder of a plumbing contractor’s license shall keep the plumbing inspector informed in writing as to the person holding a master plumber’s certification in his employ. First time applicants must provide proof of having passed ICBO, Experior or Thomason Prometric Testing.
(iv) Employing Plumber. A master plumber who works at the business of plumbing himself and employs other certified plumbers. First time applicants must provide proof of having passed ICBO, Experior or Thomason Prometric Testing.
(v) Mechanical Heating, Ventilation and Air Conditioning Contractor. Mechanical heating, ventilation and air conditioning contractors are those persons, firms, co-partnerships, corporations, associations, or combinations thereof, who undertake or offer to undertake for another, for hire, the planning, laying out, supervising and installing or making of additions, alterations and repairs in the installation of mechanical heating, ventilation and air conditioning systems. First time applicants must provide proof of having passed ICBO, Experior or Thomason Prometric Testing.
(vi) Master Heating, Ventilation and Air Conditioning Mechanic. A master heating, ventilation and air conditioning mechanic shall certify at least five years of practical experience, training in the planning, laying out, and supervising the installation and repair of mechanical heating, ventilation, and air conditioning systems. Two years satisfactory work in an accredited trade school and three years practical experience may be accepted in lieu of the foregoing requirements. First time applicants must provide proof of having passed ICBO, Experior or Thomason Prometric Testing.
(vii) Journeyman Heating, Ventilation and Air Conditioning Mechanic. A journeyman heating, ventilation and air conditioning mechanic shall certify at least three years of practical experience, training, and technical knowledge to install and repair mechanical heating, ventilation and air conditioning systems. One year satisfactory work in an accredited trade school and two years’ practical experience may be accepted in lieu of the foregoing requirements. First time applicants must provide proof of having passed ICBO, Experior or Thomason Prometric Testing.
(Ord. 1204; Code 2005; Ord. 1400; Code 2022)
(a) Each plumber or plumbing contractor shall before entering upon any plumbing work subject to regulation by city laws, apply to the city clerk for a plumber’s or plumbing contractor’s license and receive the same as hereinafter provided and have in his or her possession a valid license authorizing him, her or it to engage in the trade or occupation of a plumber or plumbing contractor in the city.
(b) No permit for any plumbing work shall be issued for any such work to be performed by a plumber or plumbing contractor, as defined, who has not first obtained a license upon making a proper application and payment of the license fee as required.
Application for a plumber’s or plumbing contractor’s license shall be made upon a form to be supplied by the city which shall disclose the name of the applicant, his or her place of business in the city (and home office if a nonresident), the kind of contracting work engaged in, the length of time engaged in such work and places where work has been performed within the past two years. The application shall be signed by the plumber or plumbing contractor or his or her authorized agent. The application shall be reviewed by the chief building official for his or her approval. Upon the chief building official’s approval and the payment of the fees hereinafter provided, the city clerk shall issue such license.
(Ord. 1167, Sec. 3)
Every Plumbing Contractor and every Mechanical Heating, Ventilation and Air Conditioning Contractor, as defined above, shall pay a license fee as set by the fee schedule or resolution for the City of Ellis. Such fee shall be paid biennially for a two-year period or major fraction thereof for a license issued in an even numbered year. Any license issued during an odd numbered year shall be issued upon payment of one-half the biennial license fee. Each such license shall be set forth the kind of plumbing contract work in which the licensee may engage. The licensee shall display his or her license at any place where he or she may be engaged in plumbing work or produce the same on demand of any city officer. All licenses shall be renewable biennially as in the case of an original license on or before the first day of January of the even numbered year for which issued. All licenses shall be valid for two year terms beginning January 1st of an even numbered year and ending December 31st of an odd numbered year. Not less than 12 classroom hours of trade associated continuing education approved by the City of Ellis are required every two years prior to license renewal approval. Continuing education credits in excess of 12 hours will not carry over from one license renewal period to another. Continuing education may be provided by the local governing body, a nationally recognized trade organization, community college, technical school, or technical college.
(Ord. 1288; Code 2009; Ord. 1400; Code 2022)
A plumber or plumbing contractor shall procure and maintain a liability insurance policy in the amount of $100,000 for the death or injury of any one person and $300,000 for the death or injury of any number of persons in any one accident and $50,000 for property damage in any one accident. Such policies of insurance shall be issued by some insurance company authorized to do business in the State of Kansas. A plumber or plumbing 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 and that such insurer will not cancel the policy except upon giving 30 days notice in writing to the city; and that the certificate shall be filed for an annual period beginning January 1 and ending December 31 of such year.
(Code 1968, 3-1007; Code 1990)
(a) The license of any plumber or plumbing contractor may be suspended temporarily, for a period of not to exceed 30 days at any one time, by the chief building official upon his or her own motion or upon a complaint of the city plumbing inspector. Notice shall be given in writing to such plumber or plumbing contractor giving reasonable notice of a time of hearing of the complaint or the matter alleged against such plumber or plumbing contractor involving any one or more of the following:
(1) Misrepresentation of a material fact by applicant in obtaining a license;
(2) Use of license to obtain a plumbing permit for another;
(3) Failure or neglect to observe conditions of a permit authorizing encumbering of streets or sidewalks for safety of public;
(4) Performance of any plumbing work without a permit where one is required by law; or
(5) Willful disregard of any violation of the plumbing laws, or failure to comply with any lawful order of the city plumbing inspector.
(b) Any licensee may within 15 days appeal in writing to the governing body from any order of the chief building official suspending his or her license for its final decision thereon. The governing body may upon such hearing terminate such suspension within not more than 30 days thereafter, or may revoke such license. If any license shall be revoked, the plumber or plumbing contractor shall not be eligible for a new license during a period of six months thereafter. No fee shall be refunded in event of the suspension or revocation of any plumber’s or plumbing contractor’s license.
(c) It shall be unlawful to engage in the occupation or trade of plumber or plumbing contractor during the time any license of such plumber or plumbing contractor has been suspended or revoked.
(Code 1968, 3-410:411; Code 1990)
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 building inspector 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 1990)
Nothing herein contained shall prohibit any property owner from personally installing plumbing piping or equipment within and upon his or her own residence and intended for his or her personal use and permanent occupancy; provided, the owner shall satisfy the plumbing inspector as to his or her ability to install such piping or equipment, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive approval. Personal installation by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a plumber or plumbing contractor licensed by the city.
(Code 1990)
No plumbing materials, appliances or equipment shall be installed in the city unless they are in conformity with the provisions of this article and with the approved standards of construction for safety to life and property. Conformity of materials for plumbing materials, appliances and equipment to the standards of the Underwriters Laboratories, Inc. shall be prima facie evidence that the materials, devices, appliances and equipment comply with the requirements of this article.
(Code 1990)
This article shall not be construed to relieve from or lessen the responsibility or liability of any party owning, operating, controlling or performing any plumbing construction for damages to persons or property caused by any defect therein, nor shall the city be held as assuming any such liability, by reason of the inspection or reinspection authorized herein, or the certificate of approval of any work or equipment authorized herein or by reason of any permit or license granted herein.
(Code 1990)
If any section of the Uniform Plumbing Code or of this article 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 or of this article, the section is to be completely severable from the remaining provisions which shall continue in full force and effect.
(Code 1990)