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1981-020 NO gl-20 AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS IN ITS ENTIRETY BY PROVIDING A SHORT TITLE, ADOPTING THE UNIFORM PLUMBING CODE (1979 EDITION) WITH CERTAIN DELETIONS AND AMENDMENTS, PROVIDING FOR PURPOSE AND INTENT, APPLICABILITY OF PROVISIONS, DEFINING ADMINISTRATIVE AUTHORITY, PLUMBING INSPECTIONS, CONFLICT OF INTEREST, LIABILITY OF INSPECTIONS, AUTHORITY AND ENFORCEMENT, REGULATING THE INSTALLATION, ALTERATION, OR REPAIRS OF PIPES, FITTINGS AND FIXTURES FOR WATER, SEWERAGE, GAS AND GENERAL "PLUMBING" IN ALL BUILDINGS AND STRUCTURES WITHIN THE CITY, PROVIDING FOR PERMITS AND FEES PROVIDING FOR ALTERNATIVE REQUIREMENTS, ESTABLISHING A PLUMMING AND MECHANICAL CODE BOARD, ESTABLISHING PROCEDURES FOR APPEAL TO SAID BOARD, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES AND MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES OR PARTS THEREOF NOT IN CONFLICT THEREWITH, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS PART I That the Code of Ordinances of the City of Denton, Texas is hereby amended by repealing in its entirety Chapter 17 of said Code Artlcle 1-4 Sections 17-1 through and including 17-29, and by enacting in place of sa~d repealed provisions of said Chapter 17, the following Articles, which shall hereafter read as follows CHAPTER 17 PLUMBING CODE TABLE OF CONTENTS PAGE SECTION 17-1 SHORT TITLE 2 SECTION 17-2 ADOPTING UNIFORM PLUMBING CODE 2-6 SECTION 17-5 PURPOSE, INTENT ~ SCOPE 6 SECTION 17-4 APPLICABILITY 6 SECTION 17-5 ADMINISTRATIVE AUTHORITY 6 SECTION 17-6 PLUMBING INSPECTORS 6 SECTION 17-7 DUTIES 7 SECTION 17-8 CONFLICT OF INTEREST 7 SECTION 17-9 LIABILITY OF INSPECTORS 8 SECTION 17-10 AUTHORITY § ENFORCEMENT 8 SECTION 17-11 INSTALLATION REGULATIONS GENERALLY 8-9 SECTION 17-12 DANGEROUS ~ INSANITARY CONSTRUCTION 10 SECTION 17-15 VIOLATIONS ~ PENALTIES 10-11 SECTION 17-14 APPEALS FROM DECISIONS OF INSPECTORS 11 SECTION 17-15 HEARINGS BY THE BOARD 11 SECTION 17-16 TAGS ~ SEALS 11 SECTION 17-17 PERMIT REQUIRED 11 SECTION 17-18 WORK NOT REQUIRING A PERMIT 11-12 SECTION 17-19 PERSONS TO WHOM PERMITS MAY BE ISSUED 12 SECTION 17-20 NOTIFICATION 12 SECTION 17-21 APPLICATION FOR PERMIT 13 SECTION 17-22 FEES (COST OF PERMIT) 13-14 SECTION 17-25 GENERAL VARIANCES 14-15 SECTION 17-24 SPECIFIC VARIANCES 1S SECTION 17-2S REVIEW BY BOARD 1S SECTION 17-26 CREATION 15 SECTION 17-27 PROCEDURE IN REMOVAL OF MEMBERS FROM OFFICE 1S SECTION 17-28 CHAIRMAN, SECRETARY, QUORUM, OFFICE SUPPLIES, POWERS § DUTIES GENERALLY 15-16 SECTION 17-29 APPEAL TO PLUMBING ~ MECHANICAL CODE BOARD 16-17 ARTICLE I GENERAL SECTION 17-1 SHORT TITLE Thls Chapter may be cited as the Denton Plumbing Code SECTION 17-2 ADOPTING UNIFORM PLUMBING CODE {a) The Uniform Plumbing Code, 1979 Ed~txon, as recommended by the International Association of Plumbing and Mechanical Officials and adopted at the Forty-Ninth Annual Conference, September of 1978, is hereby adopted and designated as the Plumbing Code of the City of Denton, Texas, the same as though said volume of such code were copied at length here~n, subject to the deletions and amendments enumerated hereinafter el} Delete Part 1, Administration Amend Section 317Ca) to read (a) No Requirements Add Section 317Ce) to read Ce) Ail underground lines shall be run in separate ditches except that water and gas lines or water and sewer l~nes may be run in the same ditch when all the following conditions are met (1) Ditches are dug at lease 18 inches w~de C2} Water and gas lines or water and sewer l~nes shall be at least 12 ~nches apart measured horizontally between outside surfaces C3} When gas lines are steel, wrapped or extrusion coated to prevent corrosion C4) The bottom of water lines at all points shall be at least 12 inches above the top of the sewer line and the water servxce shall be placed on a solid shelf excavated at one s~de of the common dxtch CS} Bach llne must rest on undisturbed or compact earth [4) Amend Section 318 2lb} to read as follows Media - The p~plng of the plumbing, drainage and venting systems shall be tested with water or air The Administrative Authority may require the removal of any cleanouts, etc , to ascertain if the pressure has reached all parts of the system After the plumbing fixtures have been set and their traps filled with water, they shall be submtted to a final test Ail fixtures designed to retain water, such as lavatories, s~nks, bathtubs, laundry trays, etc , shall be f~lled w~th water to the overflow level and shall retain same for f~fteen (1~) m~nutes w~thout leakage CS) Amend Section 401Ca) to read as follows Ca) Drainage pipe shall be cast iron, galvanized steel, galvanized wrought iron, lead, copper, brass, ABS, PVC or other approved materials having a smooth and uniform bore, except 1 That no galvanized wrought ~ron or galvanized steel p~pe shall be used underground and shall be kept at least slx C6) Inches (152 4mm) above ground 2 ABS and PVC ~nstallatlons are PAGE 2 permitted in buildings not exceeding three (3) stories in height (6) Amend Section 406(1) to read as follows Cleanout fittings shall be not less in size than those given in Table 2-5, Cleanouts serving residential buildings of not more than four (4) family units, where located outside the building in unpaved areas and within three (3) feet of the building exterior wall line, may be terminated SlX (6) inches below finished grade, and all such cleanouts shall be provided with a brass disk, not less than one (1) inch in diameter, stamped "CO", and attached to the building wall with a concrete nail twelve (12) inches above the finished grade directly in line with the cleanout Cleanouts located under cover plates shall be so installed as to provide the clearances and accessibility required by this section Cleanout cover plates in floors shall be two-piece cast brass type, arranged for flush mounting (7) Amend Section 608(c) to read as follows No domestic dlshwashlng machine shall be directly connected to a drainage system or food waste disposer without (1) An approved dishwasher air-gap fitting on the discharge side of the dishwasher, or (2) The waste line from the dlshwashlng machine shall be looped upward as high as possible beneath the dralnboard either internally or externally to the machine and provided with a brass horizontal swing check valve at the point of connection to the sink waste or garbage disposal outlet (8) Amend Section 805(b) to read No Requirements (9) Amend Section 1003(h) to read as follows (h) Lawn sprinkler systems shall have a cut-off valve at each point where the sprinkler system is connected to the potable water supply and shall be further equipped with an approved vacuum breaker on the discharge side of each cut-off valve Each vacuum breaker shall be installed at least six (6) inches above the surrounding ground and in no case lower than the highest sprinkler head served by it Systems with zone control valves which allow the vacuum breaker to remain under pressure shall be provided with a pressure type vacuum breaker which has been approved for this type of application (10) Add Section 1010 as follows Section 1010 Size of Potable Water Piping in Residential and Small Commercial Installations (a) The size of water service lines to buildings in this category shall conform to Table 10-3 The water service line shall extend undiminished in size from the water meter to the water heater or if no water heater exists to the first opening PAGE 3 TABLE 10- 3 ~/ATER SERVICE LINE SIZES NUMBER OF LENGTH OF RUN, METER TO BUILDING FIXTURES 0' S0 Sl' - 100 101' ~ UP I-OS 3/4" 314" 3/4" 6-10 3/4" 3/4" 1" ll-lS 1" 1" 1" 16-20 1" 1" 1-1/4" 21-40 1-1/4" 1-1/4" 2" (b) The size of water piping w~thln bulldxngs in this category, or branch lines connected to water service lines, shall conform to Table 10-4 TABLE 10-4 BRANCH WATER LINE SIZES [MINIMUM) NUMBER OF LENGTH OF RUN OF BRANCH FIXTURES 0' 2S 26' - S0 Si' ~ UP I 112" 112" 112" 2 1/2" 1/2" 3/4" 3-06 3/4" 3/4" 3/4" 7-10 3/4" 3/4" 1" 11-18 1" 1" 1" 19-40 1-1/4" 1-1/2" 1-1/Z" (c) For the purposes of Tables 10-3 and 10-4, any fixture with a flushometer valve shall be counted as four fixtures, and any fixture or equipment item other than a water closet, lavatory, sink, bathtub, shower, urinal, service sink, or drinking fountain shall be considered as that number of fixtures corresponding to the lower limit of any fixture range matching in the 0-25' category the connection size to such fixture (d) Potable water systems serving in excess of forty (40) fixtures, or their equivalent as defined herein, shall be sized in accordance with Section 1009 (11) Amend Section 1201 as follows Sec 1201 General The regulations of this Chapter shall govern the installation of all fuel gas piping in or in connection with any building or structure or within the property lines of any premises, other than service pipe All service piping or serwce lines shall be installed in accordance with the Department of Transportation Hazardous Materials Regulations Board Specifications, Subpart H, as written in the Federal Register Volume 3S, No 161, Part II, August 19, 1970 or as amended thereafter and as specified under Subpart I, as added August 1, 1971 (12) Add Section 1203(c) to read as follows (c) It shall be unlawful for the gas service to be turned on in any building which has been damaged by f~re PAGB 4 without the owner or h~s plumbing contractor f~rst obtaining a plumbing permit and testing the gas piping in accordance with Section 1206 of this code Amend Section 1210 to read as follows Sec 1210 - Temporary Use of Gas Where temporary use of gas ~s desired and the Administrative Authority deems the use necessary, a permit may be issued for such use for a period of time not to exceed s~xty (60) days, prowded that such gas piping system otherwise conforms to the requirements of this code regarding mater~al, sizing and safety Amend Section 1507 to read as follows Section 1507 - Enclosures and Combustion A~r (a) No water heater shall be placed more than four (4) feet and six (6) inches above the floor of the room or closet ~n which the heater ~s located (b) Provide ventilation and combustion a~r supply openings ~n each room or enclosure ~n which a water heater is located Each opening shall have a minimum free area of twelve (12) square inches However, appliances of more than 40,000 B T U H input shall have one (1) square inch of free area per 1,000 B T U H (c) The method of supplying air shall be as follows (1) From ventilated attic, provide one 26 gauge galvanized ~ron alcove through ceiling to two (2) inches above top of 3olnts and with 1/4 ~nch mesh screen over top end Also prowde a separate galvanized iron duct from attic space as described above to within twelve (12) inches of the floor Stud space may be used for lower opening provided a suitable box is furnished to connect top of stud space to attic as d~rected ~n (1) aeove and m~nlmum area ~s maintained A galvanized ~ron box shall be installed ~n lower opening, open at the bottom, to prevent lower opening from being blocked by storage if stud space is used (2) From outside, prowde upper and lower openings screened w~th 1/4 ~nch mesh screen, of free area outlined ~n (1) above Lower open~ngs may also connect to crawl space provided it is ventilated Bach lower opening method shall be provided with a galvanized ~ron box to prevent storage blocking Any combination of upper and lower openings w~ll be permitted (5) Ventilation and combustion a~r openings shall xn no case be connected to the occupied space ~n a buildxng {b} All plumbing pipes, fittings and f~xtures for water and sewerage, and methods of Installation shall comply with the requirements of the Uniform Plumbing Code, 1979 Edition, and the deletions and amendments enumerated under subsection {a) of this section (c) It shall be unlawful for any ~nd~vldual, corporation or association to wolate any provision of th~s ordinance SECTION 17-3 PURPOSE, INTENT AND SCOPE [a} For the protection and preservation of lxfe and of the public health, safety, property and general welfare of the people, the following provisions are enacted relating to the ~nstallat~on, alteration, or repairs of pipes, f~ttlngs and fixtures for water, sewerage, gas and general "plumbing" in all buildings and structures and on all property now erected, to be erected, altered, moved, replaced, repaired, converted or maintained w~th~n the legal ~ur~sdlct~on of the City of Denton and outside this jurisdiction ~f the same be connected to e~ther the City water or sewerage systems {b} Further, it ~s the intent of this Chapter to assure that "plumbing" is kept ~n a safe and sanitary condition, and shall not become a menace to public health, safety or welfare [c} The scope of the Chapter ~s to prowde m~nlmum safety and health requirements for design, Installation, inspection and performance of plumbing equipment and systems, Including water supply and d~strlbut~on, gas, drainage and venting systems [d) Existing "plumbing" hereafter altered, moved or converted to a new use or connected to the water or sewage systems of the City of Denton and shall be made sanitary and safe according to the standards set forth in this Chapter {e) Rxlstlng "plumbing" that has been damaged by fire or has become unsafe or unsanitary to such an extent as to be deemed a nuisance shall be removed, abated, or repaired to conform to the standards of this Chapter If) Ail "plumbing" work shall be done by competent persons working under the authority of permits ~ssued by the Plumbing Inspector of the C~ty of Denton SECTION 17-4 APPLICABILITY {a) The provisions hereof shall apply with equal force to all buildings, structures, and premises, whether public or private within the legal 3ur~sd~ct~on of the City of Denton and to those located outside when connected to the water or sewage system of the City of Denton Only buildings owned and occupied by the United States Government or the State of Texas shall be exempt SECTION 17-5 ADMINISTRATIVE AUTHORITY The administration and enforcement of this Chapter is hereby assigned to and shall be the responsibility of the Director of Public Works for the City of Denton SECTION 17-6 PLUMBING INSPBCTORS The person chosen to perform the duties of Plumbing Inspector shall be of good moral character, shall be possessed of such executive ability as is required for the performance of his duties and shall hold and keep in force a Plumbing Inspector's L~cense ~ssued by the Texas State Board of Plumbing Examiners PAGE SECTION 17-7 DUTIES It shall be the duty of a plumbing inspector under the Building Official to enforce the provisions of this Chapter and any amendments thereto and to investigate promptly any complaints concerning violations He shall also perform the following duties (a) Require submission of, examine and check plans and specifications, drawings, descriptions and/or diagrams as deemed necessary to show clearly the character, kind and extent of work covered by applications for a permit and upon approval thereof shall issue the permit applied for (b) Prepare the necessary documents for the collection of fees for permits issued and other monies to be collected and received as provided by this Chapter, obtain the names of the persons upon whose account the same are to be paid, the date and amount thereof, together with the location of the premises to which they relate (c) Administer and enforce the provisions of this Chapter in a manner consistent with the intent thereof and shall inspect all plumbing and drainage work authorized by any permit to assure compliance herewith or amendments approving or condemning said work in whole or in part as conditions require (d) Issue upon request a Certificate of Approval for any work approved by him (e) Condemn and re3ect all work done or being done or materials used or being used which do not in all respects comply with the provisions of this Chapter and amendments (f) Order changes in workmanship and/or materials essential to obtain compliance with all provisions of this Chapter (g) Investigate any construction or work regulated by this Chapter and issue such notices and orders as provided herein (h) Keep a complete record of all essential transactions of his office (1) Maintain an official register of all persons, firms or corporations lawfully entitled to carry on or engage in the business of plumbing in the City and to keep on file a current roster of licensed plumbers doing work in the legal 3urlsdlctlon of the City as furnished by persons, firms, or corporations doing plumbing work SECTION 17-8 CONFLICT OF INTEREST It shall be unlawful for the person or persons performing plumbing inspections to engage in the business of selling, installing, or maintenance of plumbing fixtures, devices, services, equipment, or materials and they shall have no financial interest in any concern engaged ~n such business at any time while in the employ of the City PAGE 7 SECTION 17-9 LIABILITY OF INSPECTORS Where action zs taken by the Chief Plumbing Inspector or any Plumbing Inspector to enforce the provisions of th~s Chapter, such action shall be in the name of, and on behalf of the C~ty, and the ~nspectors ~n so acting for the Czty shall not render themselves personally l~able for any damage which may accrue to persons or property as a result of such action committed ~n good faith in the d~scharge of their duties SECTION 17-10 AUTHORITY AND ENFORCEMENT (a) The Plumbing Inspectors shall have the authority to ~ssue c~tatlons to any person who wolates any prows~on of th~s Chapter (1) It shall be unlawful for any person upon being ~ssued a c~tat~on to ~ntent~onally or knowingly g~ve the Plumbing Inspector other than h~s true name and address (2) It shall be unlawful to ~ntent~onally or knowingly fail to appear ~n accordance w~th the terms of a c~tat~on ~ssued by the Plumbing Inspector (b) Wzth the approval of the D~rector of Public Works and upon adwce of the C~ty Attorney, a Plumbing Inspector may call upon the Pohce Department for a~d and assistance ~n stopping the work or arresting persons who wolate any prows~ons of th~s Chapter and if proper cause exists ~t shall be the duty of the Police Department to make such arrests and render such a~d and assistance promptly (c) Plumbing Inspectors, upon presentation of proper credentials during usual bus~ness hours, shall have the r~ght to enter any building or premises of public accommodation ~n the discharge of their official duties, or for the purpose of making any inspection, re-~nspect~on, or test required by th~s Chapter, subject to prevailing law (d) Each Plumbing Inspector shall have the authorization to ~nspect and re~nspect plumbing, to prevent the connection of plumbing to C~ty mains and sewers, to prevent the covering up of plumbing which has not been approved, to ~ssue notices or affix them to plumbing or structures, and to condemn plumbing, and shall have such other powers as are prowded ~n this Chapter SECTION 17-11 INSTALLATION REGULATIONS GENERALLY All plumbing, plumbing f~xtures, gas p~p~ng, gas f~red appliances, and all p~p~ng or other elements of plumbing systems shall be ~nstalled so as to prowde (a) Protection of potable water (b) D~sposal of water-borne wastes ~n such a manner as to ~nsure protection against hazards to health (c) Installation of gas p~p~ng and gas fired appl~cances ~n a manner that w~ll ~nsure protection of hfe and property (d) Successful operation and performance, and (e) Conformance to the m~n~mum standards as set out ~n th~s Chapter PAGE 8 PROTECTION OF DENTON WATERWORKS SYSTEM (a) Ail meters, curb cocks~ valves, and meter boxes connected with the C~ty mains and service pipes, including those furnished at the expense of the consuuners or property owners shall remain under the direct control of the Department of Public Utilities and ~t shall be unlawful for any person or persons other than those l~censed to do plumbing or those with special permission from the C~ty Otlllty Department to connect, d~sconnect move or tamper with any such meter or to turn on or off the water at the curb cock, valve, or meter box in any way except w~th a regulation meter brass key (b) No by-pass or connection between the meter and the main shall be made, maintained or permitted except upon written permission from the City of Denton, Department of Public Utilities OTHER CITY ORDINANCES Ordinances dealing w~th building construction, standards of housing, and all other provisions of the Code of Ordinances, insofar as they apply shall govern the ~nstallatxon of plumbing in the same manner as if such regulations were set forth in this Chapter Throughout this Chapter references are made to other codes and ordinances wherever applicable WORKMANSHIP Workmanship shall be of a character to fully secure the results sought in all of the sections of this Chapter and same shall be done in a workmanlike manner PROTECTION OF ELECTRICAL MACHINERY AND WIRING No water or drainage p~pxng shall be located over electrical machxnery, wiring or equipment which is readily susceptible to water damage, unless adequate protection is provided against drip from such pxplng P~p~ng which is ~n such poslt~on or condition that there exists a possibility that potable water or food, medical, or surgical supplies or equipment may be contaminated shall be relocated TEMPORARY TOILET FACILITIES Where to~let facilities are made available for the use of workmen during the construction of any building they shall be maintained in a sanitary condition PROTECTION OF BUILDINGS FROM RAT INFESTATION (a) Upon completion of the plumbing system, holes made in exterior walls for installation of plumbing p~pes shall be f~lled with a three (3") inch thickness of concrete or if twelve (12") ~nches above ground, may be covered with solid galvanized sheet metal of twenty-four (24) gauge or heavier (b) For re-~nspect~on purposes, ~nsanltary conditions shall be deemed to exist if there ~s a one-half (1/2") inch or larger opening around plumbing in the exterior walls or floors of buildings PAGE 9 SECTION 17-1Z DANGEROUS AND INSANITARY CONSTRUCTION (a) Any portion of a plumbing system found by the Plumbing Inspector or by the Chief Building Official to be ~nsanltary as defined herein is hereby declared to be a nuisance and unlawful (b) Whenever brought to the attention of the department hawng 3ur~sdlctlon that any ~nsan~tary conditions ex~st or that any construction or work regulated by this Chapter ~s dangerous, unsafe, insanitary, a nuisance or a menace to llfe, health or property or otherwise ~n wolat~on of th~s Chapter, the sa~d department may request an investigation by the Bu~ld,ng 0fflc~al, who, upon determining such ~nformat~on to be fact, shall order any person, f~rm or corporation using or maintaining any such condition or responsible for the use or maintenance thereof to d~scontlnue the use or maintenance thereof or to repair, alter, change, remove or demolish same as he may consider necessary for the proper protection of life, health or property, and in the case of any gas piping or gas appliance may order any person, f~rm or corporation, supplying gas to such piping or appliance to d~scont~nue supplying gas thereto until such piping or appliance ~s made safe to life, health or property Every such order shall be in writing, addressed to the owner, agent or person responsible for the premises in which such condition exists and shall specify the date or t~me for compliance with such order (c) Refusal, failure or neglect to comply w~th any such notice or order shall be considered a wolat~on of th~s Chapter, and ~s declared to be a misdemeanor (d) When any plumbing system is maintained in wolat~on of this Chapter and in wolatlon of any not~ce or citation ~ssued pursuant to the provisions contained herein, or where a nuisance exists in any building or habitation or on a lot which a building or habitation is s~tuated, or any ground under which there is plumbing, the Plumbing Inspector, with the advice and consent of the Director of Public Works and the City Attorney, shall institute any appropriate action or proceeding in any Court Of competent 3urlsdlctlon to prevent, restrain, correct or abate the violation or nuisance (e) In cases of emergency, when necessary for safety to persons or property or when plumbing or gas connections may interfere w~th the work of the F~re Department, the Sen~or Officer of the Fire Department at the s~te at the time, shall have the authority to Immediately d~sconnect any plumbing, water service or gas service SECTION 17-13 VIOLATIONS ~ PENALTIES Any person, f~rm or corporation wolat~ng any provision of th~s Chapter shall be deemed guilty of a m~sdemeanor and upon conviction thereof shall be punishable by a fine not to exceed Two Hundred ($200 00) Dollars for each offense The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit, or an approval of, any wolat~on of any prowslons of th~s Chapter No permit presuming to give authority to wolate or cancel any provision of this Chapter shall be valid, except ~nsofar as the work or use which ~t authorized ~s lawful The ~ssuance or grant~ng of a permit or approval of plans shall not prevent the Plumbing Inspector from thereafter requiring the correction of error ~n said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this Chapter or of any other ordinance or from revoking any Certificate of Approval when issued in error PAGE 10 Every permit issued under the prows~ons of this Chapter shall expzre by limitation and become null and void, ~f the work authorized by such permzt ~s not commenced w~thln sixty (60] days from date of such permit, or ~f the work authorized by such permit ~s suspended or abandoned at any t~me after the work ~s commenced for a period of one hundred twenty (120) days Before such work can be recommenced a new permit shall be first obtained to do so, and the fee therefore shall be one-half (1/2) the amount required for a new permit for such work provided no changes have been made, or w~11 be made ~n the original plans and specifications for such work, and provided, further, that such suspens,on or abandonment has not exceeded one (1) year SECTION 17-14 APPEALS FROM DECISIONS OF INSPECTORS Any person, f~rm or corporation aggrieved by any ~nterpretatlon of th~s Chapter or by any ruling or decision by a plumbing ~nspector, may w~th~n f~ve (S) days f~le w~th the Bulld~ng Official a petition ~n writing requesting a rewew of the plumbing ~nspectors decision The Building Official shall personally determine the facts and w~thln a reasonable perxod thereafter he shall make a ruling ~n accordance w~th his f~nd~ngs H~s ruling shall be f~nal and b~nd~ng on all part~es, prowded, however, that appeal may be taken to the Plumbing and Mechanical Code Board as prowded ~n th,s Chapter SECTION 17-1S HEARINGS BY THE BOARD W~th~n a per~od of ten (10) days from the f~l~ng of an appeal the board shall hear the appeal, together w~th testimony of all part~es concerned, and render a f~nal decision thereon within three (5} days from the close of the hearing SECTION 17~16 TAGS ~ SEALS Plumb,ng Inspectors are hereby empowered to attach to plumbing f~xtures, equipment, pipes, and other parts of the plumbing system or premises any official not~ce or seal, and ~t shall be unlawful for any other person to place or attach such not~ce, tag or seal or to remove, break, change, destroy, tear alter, mutilate, cover or otherwise deface or ~n3ure any such official not~ce or seal ARTICLE II PERMITS ~ FEES SECTION 17-17 PERMIT REQUIRED (a) It shall be unlawful for any person, f~rm or corporation to install, remove, alter, repair or replace any plumbing, gas or drainage piping work, or any f~xture or water heating or treating equipment in a building or premises, swimming pool, lawn sprinkling system, or lnstallat~on where cross connection m~ght occur, without f~rst obtaining a permit to do such work [b] A separate permit shall be obtained for each building or structure (c] No person shall allow any other person to do or cause to be done any work under a permit secured by a Perm~ttee except persons ~n h~s employ SECTION 17-18 WORK NOT REQUIRING A PERMIT No plumbing permit ~s required to do the work specified ~n the following paragraphs (a] The maintenance, repair or replacement ~n k~nd of PAGE 11 (1) Yard hydrants and house spigots, (2) Gravity flush valves and float-balls in water closet tanks, (3) Accessible traps on lavatories or sinks, [4) Replacing of plumbing fixtures where no change in "roughing-in" is involved, except that a permit shall be required for the replacement of water heaters and boilers (b) The removal of plumbing from a building or structure or port,on thereof being razed, when the water supply and drainage lines have been disconnected under a permit in an approved manner (c) Work involved ~n the manufacture of plumbing suppliers plumbing £1xtures, plumbing apparatus such as repair, adjusting, or testing of the same ~n the course of manufacture (d) Work involved in the setting up for display of plumbing or plumbing fixtures when not connected to supply or drainage lines in plumbing sales establishment (e) The installation of storm water drains for single family and two family dwellings prowded, however, that such installations conform to the requirements of th~s Chapter SECTION 17-19 PERSONS TO WHOM PERMITS MAY BE ISSUED (a) Any Master Plumber currently l~censed by the State Board of Plumbing Examiners, registered with the City as a contractor or in the employ of a registered plumbing contractor (b) A homeowner to make repairs or modifications to a single family dwelling owned and occupied by him as his home and when all materials are purchased by him and all labor performed by him or by a person not employed as a plumber for the general public (c) Any appliance dealer or employee of an appliance dealer who is acting as an appliance installation man or appliance service man in connecting appliances to ex~st~ng piping properly installed to service an appliance (d) Any maintenance man or maintenance engineer, for work ~ncldental to and in connection with the bus~ness in which he is employed and who does not engage in the occupation of a plumber for the general public SECTION 17~20 NOTIFICATION It shall be the duty of the person, firm or corporation doing the work authorized by the permit to notify the Plumbing Inspector orally or in writing, that sa~d work is ready for inspection Such notification shall be given not less than twenty-four (24) hours before the work is to be inspected Inspections shall be made within twenty-four (24) hours, Fridays, Saturdays, Sundays and holidays excluded It shall be the responsibility of the person doing the work authorized by the permit to make sure that the work will stand the tests prescribed in this Chapter before g~vlng the above notification PAGE 12 SECTION 17-21 APPLICATION FOR PERMIT (a) An application for a plumblpg describing the work to be 5one, shall be made to the ~f~f of the Plumbing Inspector by the Licensed Master Plumber or authorized person who proposes to do the plumbing work The application shall be accompanied by such information, plans, specifications, drawings and descriptions as deemed necessary or required to determine whether the installation described will conform to the requirements of this Chapter (b) When the installation as described conforms with the legal requirements and the applicant has complied with the provisions of this Chapter, a permit shall be issued upon payment of the required fee as hereinafter fixed (c) No permit shall be issued or be valid for the installation of any plumbing or plumbing system which causes a violation of the Mechanical Code, Building Code, Zoning Ordinance, Subdivision Regulations, Requirements of the Texas Water Quality Control Board or other applicable provisions of the Code of Ordinances of the City of Denton SECTION 17-22 FEES (COST OF PERMIT) Every applicant for a permit to do work regulated by this Chapter shall state in writing, on the application form provided for that purpose, the character of work proposed to be done and the amount and kind in connection therewith, together with such information, pertinent thereto as may be required Such applicant shall pay for each permit issued at the time of issuance, a fee in accordance with the following schedule, and at the rate provided for each classification shown herein Any person who shall commence any work for which a permit is required by this Chapter without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay double the permit fee fixed by this section for such work, provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Plumbing Inspector that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work In all such cases a permit must be obtained as soon as It is practical to do so, and if there be an unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged For the purpose of this section a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached shall be construed to be a fixture The fee for reconnectlon of existing plumbing fixtures, gas systems, water heaters, etc , which require testing shall be the same as indicated in the plumbing fee schedule When interceptor traps or house trailer site traps are installed at the same time as a building sewer on any lot, no sewer permit shall be required for the connection of any such trap to an appropriate inlet fitting provided in the building sewer by the permlttee constructing such sewer When a permit has been obtained to connect an existing building or existing work to the public sewer or to connect a new private disposal facility, backfilling of private sewage disposal facilities abandoned consequent to such connection is included in the building sewer permit PAGE 15 PLHMBING PERMIT FEE SCHEDULE Water Closets Farst F~xture $ S 00 Next Nane $ 1 60 each Over Ten $ 1 40 each Water Heaters $ 1 60 Lavatories $ 1 60 K~tchen Sanks $ 1 60 Bar S~nks $ 1 60 Slop Sinks $ 1 60 Bathtub $ 1 60 Shower $ 1 60 Dasposal $ 1 60 Grease Trap $ 1 60 Urinals $ 1 60 Floor Draans $ 1 60 Temporary Gas $10 00 Washing Machines $ 1 60 Drxnk~ng Fountaxns $ 1 60 Sand Traps $ 1 60 Hose Bxbbs $ 1 60 Septic Tanks $ 8 00 Lawn Sprinkler $ 8 00 Gas $ 4 00 each Sewer $ 6 00 each Gasolane Tanks $ 8 00 Water Serwce $ 4 00 Man,mum Fee $10 00 Re~nspectzon $10 00 ARTICLE III ALTERNATIVE REQUIREMENTS SECTION 17-23 GENERAL VARIANCES (a) The provas~ons of thas Chapter are not ~ntended to prevent the use of types of alternate types of construction or materials not spec~facally reqmred by thas Chapter, but such alternate types of constructaon or materaals to be g~ven consideration shall be offered for approval as sufficient, safe, sanitary, and equal to the standards set out an thas Chapter (b) Any person desiring to use types of construction or materaals not specaf~cally authorized by thas Chapter shall f~le w~th the Plumbing Inspector competent and reliable ewdence ~n support of claims that may be made regardang the sufficIency of such types of construction and materials and request approval and permission for their use (c) Whenever the Plumbing Inspector f~nds that any mater~al or method of construction does not conform to the requirements of th~s Chapter, or that there ~s not suffac~ent evadence to substantiate claims for alternate materials or methods of constructaon, he may requare tests by an approved agency as proof of compliance or equality as provaded here~n (d) Tests shall be made ~n accordance w~th generally recognized standards for the mater~al or construction ~n questxon, but xn the absence of such standards, the Plumbang Inspector shall specafy the test procedure Duly authentacated tests by a competent person or laboratory may be accepted by h~m ~n lxeu of such tests under has own superws~on Copxes of the results of all such tests shall be kept on f~le xn the offxce of the Plumbxng Inspector for a perxod of not less than two years after acceptance (e) Materxals and constructxon whxch have been approved shall be used and xnstalled xn accordance wath the terms of approval Ail such approvals and the condxtxons under whxch PAGE 14 they are issued shall be specific, shall be reasonable, shall not create an in3ustice, and shall be made a matter of public record Special ruling necessary to cover future construction or installation not specifically covered by this Chapter shall be made by the Plumbing Inspector and future construction shall conform to such ruling The ruling shall be effective after approval by the Plumbing and Mechanical Code Board A copy shall be filed in the permanent records of the Chief Plumbing Inspector SECTION 17-24 SPECIFIC VARIANCES Specific variances to cope with unusual construction problems may be made by the Plumbing Inspector in the following particular cases (a) To reconstruct existing plumbing (b) To install new plumbing in old buildings The variances shall be specific, shall be reasonable and shall not create an ln3ustlce and shall be in keeping w~th the purpose and intent of this Chapter Such variances shall be obtained in writing from the Chief Plumbing Inspector prior to the starting of the work SECTION 17-25 REVIEW BY BOARD All variances granted by the Plumbing Inspector shall be reviewed by the Plumbing and Mechanical Code Board for possible revision, at the Board's discretion ARTICLE IV PLUMBING AND MECHANICAL CODE BOARD SECTION 17-26 CREATION There is hereby created a Plumbing and Mechanical Code Board consisting of seven members, each to be appointed by the City Council for a term of two years, and removable for cause by said Council Initially, however, three members shall be appointed for a term of one year and four members shall be appointed for two year terms To the extent that persons are available within this City, the said Board shall consist of two licensed master plumbers, two mechanical contractors, two mechanical engineers, and one layman, who shall all reside within the City The initial terms for the members shall be staggered whereby one master plumber, one mechanical engineer, and one mechanical contractor shall have terms expiring on the odd number years, and one master plumber, one mechanical engineer, one mechanical contractor, and the layman shall have terms expiring on the even number years No appointed member shall serve more than three consecutive terms The City Council may appoint ex officio members to this Board, to have a voice in all matters before it, but who shall have no vote SECTION 17-27 PROCEDURE IN REMOVAL OF MEMBERS FROM OFFICE The City Council may remove any member of the Plumbing and Mechanical Code Board during the term for which he was appointed if cause be found The action of the City Council in such matters shall be final SECTION 17-28 CHAIRMAN, SECRBTARY, QUORUM, OFFICE SUPPLIES, POWERS ~ DUTIBS GENERALLY It shall be the duty of the Plumbing and Mechanical Code Board to meet as soon after their appointment as is practicable and organized by selecting one of their members as Chairman and PAGE 15 another as Secretary Regular meetings of the Board thereafter shall be scheduled on a monthly bas~s~ except that meetings be cancelled when there ~s no bus~ness to come before the Board Special meetings may be called at any t~me by the Chairman, or by the Secretary The Secretary shall keep a complete record and m~nutes of the actions of the Board to be filed w~th the C~ty Secretary Four members of the Board shall constitute a quorum for the transaction of bus~ness M~scellaneous off~ce supplies may be furnished to the Board by the Bu~ld~ng Inspection D~wslon From t~me to t~me as may be deemed proper, the Board shall submt written suggestions and recommendations for the ~mprovement of the Plumbing and Mechanical Ordinances of the C~ty to the C~ty Council It shall also be the duty of the Board to hear any written complaints made by any plumber, crt~zen, or otherwise, that may have a bearing upon the efficient enforcement of the Plumbing and Mechanical Codes, and the Board shall take such action thereon as may be deemed proper and w~th~n ~ts authority, prowded, that the same shall not be ~ncons~stent w~th any laws of the State, of th~s Chapter, or other Ordinances of the C~ty The Board ~s authorized to adopt rules and regulations for the ~ssuance of apprentice plumbers' permits SECTION 17-29 APPEAL TO PLUMBING AND MECHANICAL CODE BOARD (a) Any person, f~rm, company, or corporation aggrieved by any decision of the Plumbing Inspector under th~s Chapter may appeal such decision or order to the Plumbing and Mechanical Code Board as set out here~n (b) The powers of the Board are hereby extended so as to authorize the Board to make reasonable ~nterpretat~ons or rulings ~n matters properly before ~t as to the Plumbing and Mechanical Code Board as set out here~n (c) The appeal procedure shall be as follows (1) Time ~very appeal must be f~led ~n writing w~th~n ten (10) days from the date of the decision or order appealed from and shall be filed ~n duplicate w~th the Building Official Such not~ce shall contain appropriate reference to the decision or order appealed from as well as the grounds of the appeal It shall be the duty of the Building Official to not~fy the Chairman of the Plumbing and Mechanical Code Board and the Plumbing Inspector (2) Fee The amount of the fee for appeals shall be held consistent w~th other boards of the C~ty of Denton (5) Record The Bu~ldxng Official shall transmit to the Board all relevant records and data upon which the appeal was taken (4) Stay of Proceedings An appeal shall stay all proceedings ~n connection w~th the decision or order appealed from unless and until the Plumbing Inspector shall have certified to the Board after not~ce of appeal has been f~led that a stay would cause hazard to l~fe or PAGE 16 property In such case, proceedings pursuant to the decision or order of the Plumbing Inspector shall not be stayed except by order of the Board or by a restraining order issued by a court of competent 3urlsdlct~on (S) Hearings The Board shall fix a reasonable time for the hearing of an appeal, giving notice ~n writing to the partzes ~n interest and shall reach its decision within three (3) days from the close of the hearing Appellant may appear before the Board in person, by agent, or by attorney and may present material witnesses The Board may require additional data and tests necessary for adequate decision of the appeal, and continue the hearing therefor (6) Authority The Plumbing and Mechanical Code Board shall have the power ~n all cases appealed to it from decision or orders of the Plumbing Inspector to reverse or affirm or modify in whole or in part, the decision or order appealed from No decision of the Board shall vary or be inconsistent with the terms or provision of this Chapter (7) Bnforcement The Plumbing Inspector shall enforce and execute all decisions and orders of the Plumbing and Mechanical Code Board (8) Approval of Materials ~ Methods The Plumbing and Mechanical Code Board shall have the power to approve alternate and new materials, methods, devices, etc , in accordance with the applicable prowslons of this Chapter It shall be the duty of the Board to make an annual review of the provisions of th~s Chapter, and to recommend any necessary changes and/or xmprovements to the City Council This review shall ~nclude consideration of suggestions from plumbers and the public at large, which may be obtained by means of open hearings as well as through the regular channels PART II That this ordinance shall repeal every prior ordinance and provision of the C~ty of Denton Code of Ordinances in conflict herewith specifically Chapter 17, and as to all other ordinances or provisions of the Code of Ordinances of the C~ty of Denton not in direct conflict herewith, th~s ordinance shall be and is hereby made cumulative PART III That if any section, part of section or provision of any section of this ordinance shall be held to be void, ineffective or unconstitutional by a court of competent 3urlsd~ct~on, the holding of such section, part of a section or prows~on of any sectlen to be void, xneffectlve or unconstitutional for any cause whatsoever shall in no way effect the validity of the PAGE 17 remaining sections and provisions of this ordinance, which shall remain ~n full force and effect The City Council would not have passed any sections, parts of sections or provisions of any section of this ordinance that were unconstitutional, void or ineffective if it had known that they were unconstitutional, void or ineffective at the time of adopting this ordinance PART IV That the wolat~on of any prowslon of th~s ordinance or of the Clty of Denton Code relating to the installation, alteration or repair of pipes, fittings, and fixtures for water, sewage, gas and general "plumbing" in all buildings and structures w~th~n the legal 3unsdlctlon of the City of Denton, shall be deemed an offense punishable by a fine not exceeding Two Hundred ($200 00) Dollars, and each violation thereof, and each day on which there is a failure to apply with the terms of this ordinance shall be and is hereby deemed to be a distinct and separate offense and punishable as such PART V That this ordinance shall be effective March 15, 1981 and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice ~n the Denton Record- Chronicle, the official newspaper of the City of Denton, Texas, ten (10) days after its date of passage PASSED AND APPROVED this the~_~ day of /7'f~rcc~'~ ,7981 D STB~u~.T ~ MAYO~ C~IT~OF ~NTON, TEXAS ATTEST CITY OF DENTON, TI~XAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS PAGE 18