HomeMy WebLinkAboutOrdinance 24-2000 ORDINANCE NO.24-00
AN ORDINANCE AMENDING CHAPTER 31 OF THE REVISED ORDINANCES OF
THE CITY OF BROOKINGS AND PERTAINING TO PLUMBING.
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF
BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS:
I.
ARTICLE I. IN GENERAL
Sec.31-1. Enforcement.
The administration and enforcement of this chapter shall be the duty of the city manager,
who is hereby authorized to require the inspections and tests and take such action as may be
necessary to enforce the purposes of this chapter.
Sec. 31-2. Scope.
The provisions of this chapter shall apply to and govern plumbing within this city,
including the practice,materials and fixtures used in the installation,maintenance, extension and
alteration of all piping, fixtures, appliances and appurtenances in connection with any of the
following: sanitary drainage or storm drainage facilities, the venting system and the public or
private water supply systems within or adjacent to any building or other structure or conveyance
and the materials and fixtures used in the installation,maintenance, extension or alteration of the
storm water or sewage system of any premises to their connection with any point of public
disposal or other terminal.
Sec. 31-3. Facilities.
It is recognized that certain facilities which are located in or adjacent to public streets are
referred to in this chapter and only a portion of said facilities are under the ownership or the
control of the owner or occupant of the building or premises to which this chapter applies.
Sec. 31-4. Right of entry.
The city manager, city engineer or their staff or any member of the plumbers' review
board shall, after proper identification, have the right to enter any premises for the purpose of
inspecting any plumbing system at such times as may be reasonably necessary to protect the
public health and to otherwise protect the public water supply system.
Secs. 31-5--31-14. Reserved.
ARTICLE II. PLUMBERS' REVIEW BOARD
Sec.31-15. Established.
For the purposes of this chapter, the Board of Appeals shall also act as the Plumbers'
Review Board,which is hereby continued as previously established.
Sec. 31-16. Duties generally.
The Plumbers'Review Board shall sit as a board to review violations of this chapter and
shall have authority to recommend to the city manager that a plumber's license issued by the city
be revoked for violation of the provisions of this chapter. The board shall keep an official record
of its actions.
Sec. 31-17. Protection of water supply system.
The plumbers'review board may make such rules and regulations in furtherance of the
purposes of this chapter which are not inconsistent with the specific provisions of this chapter for
the installation, repair or alteration of air conditioning systems, water treatment equipment and
other water-operated devices as may be necessary to properly protect the public water supply
system.
Secs. 31-18-31-31. Reserved.
ARTICLE III.LICENSES
Sec.31-32. Required.
No person shall engage in the business of plumbing in the city unless licensed by the city
as a plumbing contractor. Any person who desires to obtain a license under this article shall
exhibit at the time of application a valid state Plumbing Contractor's License.
Sec. 31-33. Chapter 22 applicable.
The provisions of Chapter 22 of the Revised Ordinances of the City of Brookings, insofar
as the same may be applicable and not in conflict, shall apply to and govern the issuance of any
license under the provisions of this article.
Sec.31-36. Renewal.
All licenses issued by the city shall expire on the 31st day of December of the year in
which issued, but may be renewed upon payment of the appropriate license fee,which shall be
established by Resolution of the City Council.
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Sec. 31-37.Revocation.
The city manager may revoke any license if obtained through nondisclosure,
misstatement or misrepresentation of a material fact or if a licensee violates any of the provisions
of this chapter. Before a license may be revoked, the licensee shall have notice in writing
enumerating the charges against it and shall be entitled to a hearing by the city council not earlier
than five (5)days after receipt of the notice. The licensee shall have an opportunity to present
oral or written testimony. The decision of the city council shall be based upon the evidence
produced at the hearing. A person whose license has been revoked shall not be permitted to
apply until one (1)year after the date of revocation.
Sec. 31-38. Use of licensee's name by another prohibited.
No person who has obtained a plumber's license from the City shall allow their name to
be used by another person either for the purpose of obtaining a permit or for the purpose of doing
business or work under the plumber's license. Every person who is licensed shall notify the city
clerk of the address of their place of business, if any, and the name under which such business is
operated and shall give immediate notice to the city clerk of any change in either.
Secs.31-39--31-48.Reserved.
ARTICLE III. PERMITS
Sec. 31-49. Required.
No plumbing work, unless excepted in this article, shall be undertaken prior to the
issuance of a permit therefor by the city engineer. A permit shall be issued only to a licensed
plumbing contractor, except as provided in Section 31-50.
Sec. 31-50. Exception.
No permit is required by a homeowner to do any work otherwise regulated by this
chapter in a single-family dwelling used exclusively for living purposes, including the usual
accessory buildings in connection with such building,provided the person who does the
plumbing work is a bona fide owner of such dwelling and that the same will be occupied by said
owner and that said owner shall personally purchase all material and perform all labor in
connection therewith.
Sec. 31-51.Repairs.
Repairs involving only the working parts of a faucet or valve, the clearance of stoppages,
repairing of leaks, or replacement of defective faucets or valves or the replacing of stools,
lavatories, bathtubs or sinks, or such other repairs or replacements of a similar nature may be
made without a permit provided no changes are made in the piping to the fixtures.
.. ' . -
Sec. 31-52. Application.
Application for a permit required by this article shall be made on suitable forms provided
by the city engineer. The application shall be accompanied by fees in accordance with the
schedule of fees established by the city as provided in Section 31-53.
Sec. 31-53. Schedule of fees.
The schedule of fees to be charged for the issuance of permits under this article shall be
maintained in the office of the city engineer for public inspection.
Sec. 31-54. Plans and specifications.
No permit shall be issued until plans and specifications showing the proposed work in
necessary detail have been submitted to the city engineer and the city engineer or a
representative of the city engineer has determined by an examination of such plans and
specifications that the plans provide assurance that the work will conform to the provisions of the
state plumbing code. If a permit is denied, the applicant may submit revised plans and
specifications without payment of an additional fee. If, in the course of the work, it is found to be
necessary to make any change of the plans and specifications upon which a permit has been
issued,then amended plans and specifications shall be submitted and a supplementary permit
subject to the same conditions applicable to the original application shall be issued.
Sec. 31-55. Supervision of work.
No individual, firm,partnership, company or corporation shall engage in the business of
installing, repairing or altering plumbing unless the plumbing work performed in the course of
such business is under the direct supervision of a licensed plumbing contractor.
Sec. 31-56. Bond,insurance requirements.
(a) A person who has been issued a plumbing contractor's license shall execute and
file with the city clerk a performance bond with sufficient surety to be approved by the city
manager in the sum of five thousand dollars ($5,000.00) which provides that the licensee shall
release and save the city and its officials harmless of and free from all expenses and damages
caused or resulting from any negligence of the licensee; and that the licensee will restore all
earth,pavement and other materials removed by it in laying any pipe or for any other purpose so
that the location of the licensee's work is in as good a state and condition as it was before such
opening was made, and that the licensee will keep and maintain the same in the same condition
and to the satisfaction of the superintendent of streets for twenty-four(24)months thereafter and
that it will pay all fines that may be imposed upon it for any violation of any rules, regulations or
ordinances of the city, the city engineer and utility board relating to the said pipes, waterworks or
sewers. Provided,however,that if the licensee shall procure and file with the city clerk a public
liability insurance policy which indemnifies the public against loss by the negligence of the
licensee or its agents in the sum of not less than fifty thousand dollars ($50,000.00)to any one
person and one hundred thousand dollars ($100,000.00) in any one claim, and the form and
content of said policy is written by a registered insurance company licensed by the State of South
Dakota,then in that event the amount of the bond as mentioned aforesaid shall be reduced to the
sum of one thousand dollars ($1,000.00).
(b) A license shall not be valid unless the licensee complies with the provisions of
this section.
Secs. 31-57--31-64. Reserved.
ARTICLE IV. STANDARDS
Sec. 31-65. Code adopted.
(a) The South Dakota State Plumbing Code (state plumbing code) as adopted by the
state plumbing commission under SDCL Chapter 36-25 is hereby adopted; and all installations,
repairs and alterations of plumbing shall be performed in accordance with its provisions.
(b) In the case of discretionary actions and determinations of the plumbers' review
board, the relevant facts shall be considered and determinations made in the exercise of
reasonable discretion, and all such determinations shall be final in the absence of abuse of
discretion.
Sec. 31-66. Official copy.
A copy of the state plumbing code and current state and local amendments shall be kept
on file by the office of the city engineer for inspection by the public.
See. 31-67. Conflicts.
In the event of any conflict between the provisions of the state plumbing code adopted by
this article and other applicable provisions of state law, city ordinance or any rule or regulation
of the city, the provisions of state law, city ordinance and the rule or regulation of the city shall
prevail and be controlling.
Sec. 31-68. City amendments to code.
Rules promulgated by the municipal utilities board in regard to water and wastewater
plumbing in the city shall be considered a part of the plumbing code adopted as a part of this
article.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: July 24, 2000
SECOND READING: August 14, 2000
PUBLISHED: August 18, 2000
CITY OF BROOKINGS, SOUTH DAKOTA
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STATE LAW REFERENCES -CHAPTER 31
Ordinance Section, Heading State Law References
Chapter 31 Plumbing SDCL Chapter 36-25