HomeMy WebLinkAboutOrdinance 12-1990 , r �.
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ORDINANCE Nd. IZ-90
AN (aRDINANCE AMENDING CHAPTER 31 OF THE REVISED ORDINANC83 OF THS
CITY QF BR04KINGS AND PERTAIAIING TO PLUNIDING.
BE IT ORDAINED BY THB GOVBRNTNG BODY OF THE CITY OF HROOKTNG�a,
SOUTH DAKOTA, A5 FOLLOWS, TO-WIT:
1.
ARTICL$ I. IN GBNSRAL
Sec. 31-1. Bnfoscement,
The administration and enforcement o� �his chapter shall be the
du�y of the city engineer, who i�s herek�y authorized to take such
action as may be necessary to enforce �he purposes of this chapter,
and to make the inspections and tests required h�rein.
Sec. 3I-2. Scope.
The provisions of this chapter shali apply to and gavern plumbing
within this city, including the practice, materials and ffxtures used
in the installation, maintenance, e�tension and alteration o£ aIl
pipi.ng, fixtures, appliances and appurtenances in connectfoa with any
of the following: Sanitary drainage or storm drainage facilities, the
ventintg system and �he public or private water supply systams, within
or ad�acent to any building or bther structure ar conveyance, also the
practxce and materials used in the instaliation, maintenance, exteri-
sion o� alteration of the storm water or sewage syetem of any premises
to their �onnection with any point of public disposal or other termi-
nal .
Sec. 3I-3. Facilities.
It is recognized that certain facilities in or adjacent to public
streets are ref�rred to in this chapter, only a portion of which is
under the ownership or the controZ of the owner or occupant of the
building or premises to which this chapter applies.
Sec. 3i-4. Right of eatry.
The city engineer, his representatives, or any member of the
plumbers' xeview board sha�I, after propQr identification, have the
right to enter any pr+�mises for the pu�cpose af inspecting any plumbing
system at auch times as �aay be reasonable necessary to proteet the
public health.
ARTICLB II. PLDMBS�.S' RSVISW HOARD
Sec. 3I-I5. 8stabl�.shed.
For the purposes of this chapter, the Board of Appeal� shall alsa
act as thE Plumbers' Review Board, which is hereby established.
Sec. 31-16. DutieB generally.
The plumbers' review board shall sit as a board of review for all
violations of this chapter and shall have authosity to recommend to
the City Commission the revo�ation af Iicenses issued for triolations
thereof. The board shall keep an official record of aI.I its transac-
tions.
Sec. 3I-17. Protection of wa�er supply syetem.
The plumbers' review board may make such rules and regul.ations i,n
furtherance of the purposes of this chapte� and not inconsistent with
the specific provisions af this �hapter for th� installatipn, repair
or alteration of air-conditioning systems, water-treatment equipment
and other water-operated devices as may be deemed necessary to proper-
ly protect the water supply system.
Secs. 3I-2a - 3I-33. Reserved.
ARTICLS IIT. LrC8NSB3
Sec. 31-32. Req�ired.
No i�ndividual shall engage in the business of plumbing in the
city unless Iicensed as a plumbing contractor. Any person who desires
to obtain a ].icense und�r this article shali exhibit a� the time he
applies therefor a valid state license.
3ec. 3I-33. Chapter 22 applic8ble.
The p�ovisians of Chapter 22, insofar as the s�ame m,ay be applica�-
ble and not in conflict, shall apply to and govern the issuance of any
license under the pravisians of this artiele.
Sec. 31-34. 3uperviefon o� work.
No individual, firm, part�ership or carporation shaZl engag• in
the business of installing, repairing or altering plumbing unle�s the
plumbing work performed in the course of such business is under the
direct supervision of a licensed plumbing eontractor.
3ec. 3I-35. Bond, i�surance requirementa.
A person who ha�s been issued a plumbfng contractor's Iicense
shall execute and file with the city finance officer a bond with
sufficient sur�ty �o be approved by the city commission in the penal
��ua of five th�usand dollars $5,000.00} conditioned that he will save
the city and its officials harmless of and f�ee from aI1, expenses and
damages caused or suffered by any negii�ence in executing and protect-
ing his work, and �hat he will restore aIl earth:, p8vement and other
materials removed by him in laying any pipe, or for any other purpose,
�to as good a �tate and condition as it was before such opening was
made, and that he will keep and maintain the same in good order and to
the satisfactivn of th� supsrintendent of streets for twenty-faur (24�
months thereafter, and that he will pay a�l fines that may be imposed
upon him for any violation of any rules, regulations or ordinances of
fihe commission and utflity board relating to the said wat�r works or
sewers. Provided, however, that if the appliCant shall procure and
file with the �ity finance afficer a publ�c Iiability insurance policy
which indemnifies the public against Ioss by the negligence of the
applicant or his agents in the sum of not less than five thousand
dollars ($5,000,00) to any on� per�on and ten thousand dollars
(51.0, 000.00) in any one accident, and the form and content of said
policies to be written by an insurance company approved by the commis-
sion, then in that event �he amount of the bond a� mentioned aforesaid
shall be reduced to the sum of one thausa,nd dollars {$I,OQO.QO) .
A Iicense shall not be valid unl.ess the provisions of fihis
section are complied with.
Sec. 31-36. Renewai.
AII licenses i�sued by th� City Commission shall expire on
December 31st of the year in which issued, but may be renewed upon
payment of the appropriate Iicense fee on file with the city finance
officer.
Sec. 3I-37. Revocation.
The City Commission may rewoke any Iicense i.f obtained throug�h
nondisclo�ure, misstatem�nt ox' misrepresentation of a material £act,
or if a Iicensee violates any of the provisions af th3s chapter.
Before a license may be rcvoked, the Iicensee shall. have notice in
writing, enumerating the charges against him and be �ntitled to a
hearing bp the bOard not sooner than five (5) days from receipt of the
no�kice. The licensee shali be given an opportunity �o present te�ti-
mony, oral or written. The decision of the Commissio� shall be based
on the evidence produced a� the he�ring and made pa�t of the record
thereof. A person whose license has been revoked shall not be permit-
t�d to �pply within one (I) year from date of revoCation.
Sec. 31-38. IIse of lxcensee�s name by another prohibited.
No persan �rho has obtained a plumber's licQnse shall aliow his
name to be used by another person either fcar the purpose of vbtaining
permits, or for doing business or work under the I,ice�se. 8very
p�rson licensed shall notify the plumbers' review boar8 of th� address
of his place of business, if any, and the name under which such
business i� carried on and shaI.I give immediate notice to the board of
�ny change in either.
Sec. 3J.-3g - 3I-48. Reserved.
ARTICLB IV. PSF�IITS.
Sec. �i-49. Required.
4 � .
No pltuabing work, unless excepted in this article shall be
undertaken pra,or to the �issuance of a permit therefor by the city
engineer. A permit �h�ll be issued only to a Iicenses plumbing
contractor, except as provided in section 31-50.
Sec. 3I--50. EzGeption.
Any permit required by this article may be issue$ to any person
to do any work regulated by this chapter in a single family dw�lling
used exclusively for living purposes, including th� usnal accessory
buildings and quarters in connection with such I�uilding; provided the
pex�on is s bona fide owner of such dwelling and that the �ame wiil be
o�cup3ed by $aid owner and that said owner shall personally purchase
aIi �aterial r.*:d gsr�o�z� �13 j abor iz �onn4ctie:: th�rQ�*itY::
Sec, 3I-�I. ReFa�r��
�?��airs in��I�in3 Qn�; fhA �ae�?��ng �a�rts of a €aucet or valve,
the c2earance of stogpages, regaising of �eaks, er reglacsznent of
dsfectivs faucets or �ra?ves er the rLgl�cing of stools, Iavatories,
bathtubs or sznks, er s�sch othe� repairs �r rep�acements �t � similar
natur� �ay be ma�e without a ger:ait grovided no changes are made ir�
the pigi:�g tQ *he fis't�sre�.
CeC. 3I_��'. Apgli�atiQ�.
A�plic�.tio:� fQr a ger�;it �equire3 �j thi� artic?e shall be made
on Quitabl� f�rms grovi3ed �y the city e:�gineer. Th� agplication
5Y13I�. �e a�cornpanied by teeg in accordance with the schedule of fees
therefor.
Sec. 3i-53. Schedule of fees.
The schedule of fees to be charged fr�r issuance of permits under
this ar�icle shall be maintained in the office of the city engineer
for public inspection.
Sec. 31-54. Plans a►nd specifications.
No permit shall be i�su+ed until pia�s and specificatior�s showing
the proposed work in necessary detail have been �ubmitted to the city
engineer and he or his represen�ative has determined from e$amination
or �uch plans and specifications that they give assurance that the
work will conform to the provisions of this chapter. Ii a permit is
denied, the applicant may subtclit revised plans and specifications
without payment of additional fee. If, in the course of the work, it
iss found necessary to make any change from tH.e plans and specifiCa-
tions on which a permit has been issued, amended plans and $pecifica-
tions shall be submitted and a supplementai permit, subject to the
same conditions applicable to original application fox permit, shall
be issued to cover the change.
Sec. 31-55 - 3�-64. Reserved.
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ARTICLB V. STANDARDS
Sec. 3I-65. Code adopted.
The South Dakota State Plumbing Code, as adopted by the State
Plumbing Code, as adopted by the State Plumbing Commission under SDCL
36-25, is hereby adopted and aII in�tallations, repairs and altera-
tions of plumbing shall be performed in accordance with its provi-
s i ox�s.
In the case pf discretionary actions and determinatione of the
plumbers' review board, the relevant facts shall be considered and
determinations made in the exercise of reasonable discretion and aII
such determinations shall be final in the a,bsence of abuse of discre-
�tion.
Sec. 3I-66. Officisl copy.
A copy of the state plumbing cade and current st�te and IoCaI
amendments shall b� kept on file by t�.e office of the city engineer
for inspe�tion by the public.
Sec. 31-67, Conflicts.
In the event of any conflict between the provisions of the code
adopted by this article and applicable provisians of this Code or
Ordinances, state Iaw or city ordi.nance, rule or regulations, the
provisions of this Code of Ordinances, state Iaw or city ordinance,
rule or regulation shall prevail and be controlling.
Sec. 31-68. City of Brookings Amendments to code.
Rules promulg�ted by the Brookings Municipal U�ilities Board in
regard to water and waste water plumbing in the City of Brookings
�hali be considered a part of this Code.
2.
AII ordinances in conflict herewith are hereby repealed.
FIRST READING: May I, 1990
SE�OND READING AND ADOPTIfJN; May 8, I990
P� May I4, 1990
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