ARTICLE I. IN GENERAL
25-1 Plumbing code adopted.
(a) For the purpose of providing and maintaining the public health and safety and to establish rules and regulations for the installation of plumbing systems for safe sanitary use and human consumption to all fixtures in all buildings, the issuance of plumbing permits and the imposition of penalties, the plumbing rules and the plumbing code currently adopted by the State of Vermont are hereby adopted and incorporated in whole as fully as if herein set out at length.
(b) All plumbing installations shall comply with the plumbing code and rules currently adopted by the State of Vermont.
(c) Should there be a conflict between the State plumbing rules and the City Code of Ordinances, the ordinances shall prevail.
(Ord. of 10-24-88; Ord. of 1-11-93; Ord. of 9-26-94; Ord. of 1-22-18(2))
25-2 Definitions.
For the purpose of this chapter, the following terms shall have the meanings ascribed to them in this section. All terms not herein defined shall have the meanings ascribed to them in the plumbing code and plumbing rules currently adopted by the State of Vermont.:
(a) The term "master plumber" shall mean a person who assumes responsible charge and direction of the installation of plumbing and drainage and is skilled in the planning, superintending and the practical installation of plumbing and drainage. Each master plumber shall furnish to the plumbing inspector a list of journeyman plumbers employed by them and shall keep such list current at all times.
(b) The term "journeyman plumber" shall mean a person who performs the work of installing plumbing and drainage under the direction of a master plumber.
(c) An "apprentice" shall mean any person who is engaged in learning and assisting in the installation of plumbing and drainage under an apprenticeship program properly registered with the Vermont State Apprenticeship Council.
(d) "Public building" shall be as defined in 21 V.S.A. § 251(a).
(e) Foundation drainage for a structure is not considered plumbing.
(f) The term "plumbing inspector" shall mean an official appointed by the director of public works, or the director’s designee, who is responsible for ensuring compliance with the provisions of this chapter and any other applicable codes or rules related to plumbing. A plumbing inspector shall be a Vermont licensed master plumber or be able to become licensed as a Vermont master plumber and shall have the training, qualifications, and skills determined by the director or director’s designee and the State of Vermont’s Department of Public Safety to be sufficient to perform the inspections, enforcement, and other tasks required by this chapter and other applicable codes or rules.
(g) The term "plumbing code official" shall mean an official appointed by the director of public works, or the director’s designee, who is a Vermont licensed master plumber or be able to become licensed as a Vermont master plumber and have any other such training, qualifications, and skills determined by the director or director’s designee to be sufficient to perform the tasks assigned to the official related to the enforcement of this chapter and other applicable codes or rules.
(Ord. of 10-24-88; Ord of 9-26-94; Ord. of 1-22-18(2))
25-3 Licensing of plumbers required.
No person, except as otherwise provided, shall engage in plumbing in the city until he/she shall have first obtained and holds a valid master plumber license from the State of Vermont Plumbers’ Licensing Board.
(Ord. of 10-24-88; Ord. of 9-26-94; Ord. of 1-22-18(2))
Charter reference—Power of city council to license plumbers, § 48(XLI).
25-4 Owners not required to be licensed.
An owner shall be permitted to install plumbing in a single-family owner-occupied residence without a license; provided, that a plumbing permit has been obtained, except for plumbing that is exempt from needing a permit by Section 25-13, and that all such plumbing installed by the owner shall comply with the provisions of this chapter and the plumbing code and rules currently adopted by the State of Vermont.
(Ord. of 10-24-88; Ord. of 9-26-94; Ord. of 1-22-18(2))
25-5 Inspector to investigate and report violations.
The plumbing inspector shall report to the city attorney violations of this chapter and the city attorney may invoke a proper legal or equitable remedy in aid of powers of the plumbing inspector.
(Ord. of 9-26-94; Ord. of 1-22-18(2))
25-6 Stop work order.
(a) Upon notice from the plumbing inspector that plumbing work on any building or structure is being conducted contrary to the provisions of this chapter or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be affixed to the building indicating the violations. A copy of the written stop work order shall also be provided either to the owner of the property involved, to the owner’s agent, or to the person doing the work or posted in a prominent location on the structure/building accessible to the public. Any person who continues any plumbing work in or about the structure after having been served with a stop work order shall be liable for a fine of up to five hundred dollars ($500.00) and each day that the work continues in violation shall be a separate offense.
(b) A report that a stop work notice has been issued shall be filed with the State of Vermont Plumbers’ License Board.
(Ord. of 9-26-94; Ord. of 4-8-96; Ord. of 1-22-18(2))
25-7 Reserved.
25-8 Plumbing work to be done under direction of inspector.
The plumbing and drainage of all buildings, public or private, and all additions and alterations thereto, shall be executed under the direction of the plumbing inspector if required by the applicable code and/or rule in effect.
(Ord. of 10-24-88; Ord. of 9-26-94; Ord. of 4-8-96; Ord. 1-22-18(2))
25-9 Plans of proposed plumbing and drainage work to be submitted to inspector as required.
The master plumber, licensed engineer or architect in charge of the work or, in the case of an owner-occupied single-family residence, the owner who may be doing the work shall submit to the plumbing inspector proper drawings as the inspector may require, which may include, both plan and elevation views, showing all piping and fixtures, giving all details as to sizes and distances of fixtures from stacks and vents. Plans for private sewage disposal and individual water supply systems shall be designed to the requirements of the State of Vermont Agency of Natural Resources Department of Environmental Conservation rules and regulations.
(Ord. of 10-24-88; Ord. of 9-26-94; Ord. of 4-8-96; Ord. 1-22-18(2))
25-10 Permit to be issued upon approval of plans; notice of rejection.
If the plans which are filed with the plumbing inspector are approved by the inspector, a permit shall be issued to the master plumber contracted to do the work. If rejected, notice shall be given either verbally or by marking up the submitted plans and returning them to the owner within ten (10) working days.
(Ord. of 10-24-88; Ord. of 9-26-94; Ord. of 1-22-18(2))
25-11 Changes in plans prohibited; exception.
If the plans are approved by the plumbing inspector, no change or additions shall be allowed except upon approval of the plumbing inspector.
(Ord. of 10-24-88; Ord. of 1-22-18(2))
25-12 Work not to begin until permit received and fee paid.
(a) No work shall be commenced until the permit shall have been received by the party submitting the application and the permit fee has been paid. The permit fee shall be at a rate of eight dollars and fifty cents ($8.50) for every one thousand dollars ($1,000.00) of the cost of the work. There shall be a minimum charge of thirty dollars ($30.00), which includes the land records recording fee, per permit. The fee submitted with the application shall be based on the estimated cost of the work. On the completion of the work, the applicant shall furnish the inspector with a correct statement of total actual cost of the work and shall pay the fee on difference between the estimated and actual cost of the work. When the actual total cost is less than the estimated cost, there shall be a refund of the excess of the estimated cost over the actual cost; provided, that the refund does not reduce the fee to less than the minimum charge.
(b) When the plumbing inspector enforces the provisions of this chapter and a plumbing permit is required as a result, there shall be an administrative processing fee added to the permit fee set above to recoup the administrative costs associated with enforcement. This processing fee shall be thirty dollars ($30.00) where the estimated cost of the work as the plumbing inspector may approve is less than or equal to three thousand dollars ($3,000.00). When the estimated cost of construction is three thousand dollars ($3,000.00) or greater, this processing fee shall be equal to one (1) percent of the estimated cost of the work as the plumbing inspector may approve. No processing fee shall be added to the permit when a permit is required to abate a condition deemed an emergency by the plumbing inspector if the inspector determines that the owner is not responsible for the circumstances that led to the emergency.
(c) Notwithstanding the fees set forth above, no permit fee shall be required for the portion of the estimated cost of any work and construction that is to be owned by a department of the City of Burlington.
(Ord. of 10-24-88; Ord. of 10-2-95; Ord. of 6-2-03; Ord. of 10-27-03, eff. 11-05-03; Ord. of 6-25-12; Ord. of 1-22-18(2))
25-13 Provisions not applicable to certain repair and maintenance work.
(a) A permit is not required for repairs which involve only the working parts of a faucet or valve, clearance of stoppages, or repairing or replacement of defective faucets or valves, a water closet, a lavatory, or a kitchen sink, and replacement of traps two (2) inches in diameter or less provided alterations are not made in the existing piping or fixtures.
(b) Repairs and maintenance shall not include a change in design, configuration, performance, or materials of a plumbing system, except as set forth in subsection (a) of this section.
(Ord. of 10-24-88; Ord. of 9-26-94; Ord. of 1-22-18(2))
25-14 Right to enter and inspect.
In performance of his/her duty the plumbing inspector shall, at all reasonable times, have access to and the right to enter any building with the owner or authorized representative of the owner. No person shall in any way hinder the work of the plumbing inspector in the performance of his/her duty. The plumbing inspector may waive the presence of the licensee who filed the work permit for rough and final inspections. If the inspector is refused the right to inspect or is denied reasonable access to the premises, the inspector shall, if still appropriate, seek a search warrant from the Vermont Superior Court for the purpose of conducting such an inspection.
(Ord. of 10-24-88; Ord. of 9-26-94; Ord. of 1-22-18(2))
25-15 Certificate of inspection.
When the work has been approved by the plumbing inspector, through the required inspections or through a waiver of an inspection issued by the plumbing inspector, the inspector shall file a final inspection report or file the status of the permit as closed which shall be made available to the public upon request.
(Ord. of 10-24-88; Ord. of 9-26-94; Ord. of 1-22-18(2))
25-16 Inspection of existing buildings authorized.
(a) Whenever the plumbing inspector has reason to believe, through complaint or otherwise, that the sanitary condition of any building, in regard to the plumbing or house drainage, is not in compliance with the regulations of this chapter or is in any way a menace to the health of the occupants or tenants thereof, or to the public health, it shall be the inspector’s duty to visit such building or premises and examine such plumbing or drainage. If, in the opinion of the plumbing inspector, repairs, alterations or additions are needed to place the premises in a sanitary condition, the inspector shall serve notice in writing upon the owner or person in charge of such building directing such repairs, alterations or additions as he/she deems necessary to place the plumbing therein in sanitary condition, and in such notice shall state a reasonable time allowed to the owner or person in charge of such building to make such repairs, alterations or additions.
(b) The plumbing inspector is hereby empowered to order the discontinuance of water service to any structure found to be dangerous to the public water system or life or property until such danger has been abated.
(c) If the inspector is refused the right to inspect or is denied reasonable access to the premises, the inspector shall, if still appropriate, seek a search warrant from the Vermont Superior Court for the purpose of conducting such an inspection.
(Ord. of 10-24-88; Ord. of 9-26-94; Ord. of 1-22-18(2))
25-17 Appeals.
Appeals by a person aggrieved by an action of the plumbing inspector taken under this chapter shall be taken pursuant to the provision of Section 8-8.
(Ord. of 10-24-88; Ord. of 9-26-94; Ord. of 1-22-18(2))
25-18 Duration of permit.
Plumbing permits shall be invalid after one (1) calendar year from the date of issuance. The plumbing inspector shall have the discretion to approve extensions of time beyond the one (1) year limit; provided, that all extensions are in writing and are for a specified duration which is consistent with the permits issued by the department of planning and zoning for the subject permit.
(Ord. of 9-26-94; Ord. of 5-20-02; Ord. of 1-22-18(2))
25-19 Penalty for violations.
(a) The penalty for a violation of any provision or section of this chapter shall be punishable by a fine of fifty dollars ($50.00) to five hundred dollars ($500.00). Each day that the violation continues shall be a separate offense.
(b) In addition to the penalty provided in subsection (a) of this section, the city may in addition seek injunctive or equitable relief to prohibit or to prevent the continuation of unlawful construction, alteration or repairs or to prevent the occupancy of a structure or premises or to prevent an illegal use in or about the structure or premises.
(Ord. of 9-26-94; Ord. of 1-22-18(2))