Chapter 15.28
SIDE SEWERS—CONSTRUCTION,
REPAIR AND CONNECTION
Sections:
15.28.010 Connection required.
15.28.020 Connection notice—Noncompliance—Costs charged to owner.
15.28.040 Connection—Compliance and permit required.
15.28.050 Connection permit—Application—Contents—Approval.
15.28.060 Connection—Ascertainment of permit possession.
15.28.070 Construction inside property line—Permit required—Leaving excavation unguarded.
15.28.080 Permit—Only specified work to be done.
15.28.100 Permits—Term—Renewal.
15.28.110 Repealed.
15.28.120 Permit card—Posting required.
15.28.130 Inspections.
15.28.135 Side sewer ownership.
15.28.140 Filling trenches and covering sewer—Inspection prerequisite.
15.28.150 Backfilling excavations.
15.28.160 Contractor noncompliance—Notice—Costs charged to contractor.
15.28.170 Side sewer—Nonconforming or dangerous—Failure to construct or repair—Notice.
15.28.180 Installation, construction and maintenance costs borne by owner.
15.28.190 Existing side sewer—Use—Approval.
15.28.200 Lifting house drain—Backups—Backwater sewage valve.
15.28.210 Grades—Cover—Diameter—Vaults and privies.
15.28.220 Downspouts.
15.28.230 Easements.
15.28.240 Materials and workmanship—Excavations.
15.28.242 Materials.
15.28.250 Disturbing sewer systems unlawful.
15.28.260 Excavations—Protection.
15.28.270 Restoration of streets and sidewalks.
15.28.280 Inspections—Authority.
15.28.290 Rules and regulations.
15.28.010 Connection required.
(a) The owner or occupant of any lands or premises shall connect all buildings located thereon to the nearest accessible public sewer whenever there is a public sewer within three hundred thirty feet as measured along the public right-of-way or easements thereof, as follows:
1. Existing buildings must connect if:
A. Single-family dwellings:
(1) Replacement of existing septic tank or drainfield is necessary;
(2) Additional construction is proposed that adds sewage load or in any way affects on-site sewage disposal; and in either case
(3) Any portion of the property is within three hundred thirty feet of a public sewer.
Concomitant agreements providing for future connection to the sanitary sewer system will be required for any permits issued for property meeting either (1) or (2) above, but lying outside the distance limits specified in paragraph (3) above.
B. Multifamily dwellings and nonresidential buildings must connect if:
(1) Replacement of septic tank or drainfield is necessary; or
(2) Additional construction is proposed that adds sewage load or in any way affects on-site sewage disposal; and
(3) Any portion of the property is within six hundred sixty feet of a public sewer line.
Concomitant agreements providing for future connection to the sanitary sewer system will be required for any permits issued for property meeting either (1) or (2) above, but lying outside the distance limits specified in paragraph (3) above.
C. Notwithstanding any of the above, existing developments shall connect when a health hazard is found to exist within the neighborhood, as determined by the county health department, city of Kirkland, or other agency with jurisdiction.
2. New developments, buildings or structures:
A. Single-family dwellings on an existing lot or a new lot created by a short subdivision must connect if the lot size is less than thirty-five thousand square feet and the lot is located within three hundred thirty feet of a sanitary sewer.
B. Notwithstanding any of the above, on-site disposal in lieu of connection shall be granted only upon written approval of the King County health department, the city of Kirkland, or other agency having jurisdiction, and a concomitant agreement providing for future connection to the sanitary sewer has been signed and delivered to the city.
C. The following land development actions shall require connection to the public sewer system regardless of the distance of the land from the public sewer: short subdivision, subdivision, multifamily construction, or nonresidential construction, unless sewer connection is exempted by subsection 2.A above.
3. The city engineer shall prescribe the manner in which such connection shall be made.
(b) No drain or sewer shall be constructed so as to discharge upon the surface of any public area. (Ord. 3368 § 10 (part), 1993: Ord. 3252 § 1, 1991; Ord. 3203 § 1, 1990; Ord. 3020 § 2, 1987: Ord. 874 § 3.0, 1962)
15.28.020 Connection notice—Noncompliance—Costs charged to owner.
(a) Whenever any land, buildings or premises is required to be connected with a public sewer or otherwise drained, as provided in Section 15.28.010, the King County health officer shall serve upon the owner, agent, or occupant of the lands, buildings or premises, a notice in writing specifying the time within which such connection must be made, which time shall not be more than sixty days from the date of delivery of such notice.
(b) If such owner, agent or occupant fails and neglects or refuses to connect the lands, buildings or premises with the public sewer within the specified time, the health officer shall notify the city engineer, whereupon the city engineer may make such connection and the cost thereof shall be charged to the owner, agent or occupant and a bill showing the amount thereof mailed or delivered to him or posted upon the premises, whereupon the amount shall immediately be paid to the city treasurer. (Ord. 3368, § 10 (part), 1993: Ord. 874 § 4.0, 1962)
15.28.040 Connection—Compliance and permit required.
(a) It is unlawful to make any connection with any public or private sewer, drain or natural outlet without complying with all the provisions of this chapter and Chapter 15.36 in relation thereto and having a permit to do so from the city.
(b) If side sewer work is required in a public right-of-way or easement but outside of the property it serves, the city shall not issue a side sewer permit to any person unless such person holds a valid Washington State plumber’s certificate or permit, issued pursuant to Chapter 18.106, Revised Code of Washington, or a general contractor licensed under the state of Washington.
(c) No licensed contractor shall break, alter or tamper with any public sewer, provided, however, he may connect to a “Y” or “T” under the supervision and approval of the city engineer. (Ord. 3368 § 10 (part), 1993: Ord. 2718 § 1, 1982: Ord. 874 § 6.0, 1962)
15.28.050 Connection permit—Application—Contents—Approval.
(a) Application for the permit required by Section 15.28.040 shall be filed with the city engineer stating the name of the owner, the correct address and legal description of the property to be served, dimensions and locations of any buildings on the property and the whole course of the drain from the public sewer or other outlet to its connection with the building or property to be served. The application shall be submitted to the city engineer for approval, who may change or modify the same and designate the manner and place in which such sewers shall be connected with the public sewer, may also specify the material, size and grade of such sewer, and shall endorse his approval upon the application if the same is acceptable to him. The city engineer will require the permittee to furnish him plans pertaining to the application and issuance of the permit.
(b) Upon approval of the application, the city engineer shall issue for his records a sewer plat showing the size and location of the public sewer, the point of connection, the location of any buildings on the lot, and such other information as may be available and required.
(c) Upon approval of the application and issuance or the permit it shall be unlawful to alter or to do any other work than as provided for in the permit.
(d) The city engineer shall prepare and keep on file in his office all cards and records of sewer connections showing the information obtained in the course of inspection of completed work done under the permit. (Ord. 874 § 7.0, 1962)
15.28.060 Connection—Ascertainment of permit possession.
Any employee of the city shall have the authority when finding any person breaking ground for the purpose of making connection with a public or private sewer or drain, to ascertain if such person has a permit therefor, and, if not, to immediately report the fact to the city engineer. (Ord. 3086 § 9, 1988: Ord. 874 § 8.0, 1962)
15.28.070 Construction inside property line—Permit required—Leaving excavation unguarded.
(a) It is unlawful to construct, extend, relay, repair or to make connection to any sanitary sewer or drain inside any real property without obtaining a permit from the city engineer as provided in Section 15.28.040. The city engineer may issue such permit to the owner or occupant of any property to construct, extend, relay, repair or make connection to any private sanitary sewer inside the property lines; provided, such owner or occupant shall comply with the applicable provisions of this chapter and Chapter 15.36, except that he need not employ a licensed side sewer contractor to do the work, such contractor shall take the permit in his own name and the owner, occupant or other person shall lay no pipe on the contractor’s permit.
(b) It is unlawful to leave unguarded any excavation made in connection with the construction or repair of any side sewer within four feet of any public place or to fail to maintain the lateral support of any public place in connection with the construction, alteration or repair of any side sewer or drain. In any case, no excavation on private property or within public right-of-way or easements shall be left open (not backfilled) over night. (Ord. 3368 § 10 (part), 1993: Ord. 874 § 9.0, 1962)
15.28.080 Permit—Only specified work to be done.
When a permit has been issued for a side sewer as herein provided, no work other than that covered by the permit, shall be done without the approval of the city engineer; and he may, if he determines the addition works of sufficient consequence require a new permit to cover the same. (Ord. 3368 § 10 (part), 1993: Ord. 874 § 10.0, 1962)
15.28.100 Permits—Term—Renewal.
No permit issued under this chapter shall be valid for a longer period than one year unless extended or renewed by the city engineer upon application therefor prior to expiration. Failure to renew the permit prior to expiration thereof shall require the payment of a new permit fee. (Ord. 3086 § 11, 1988: Ord. 874 § 12.0, 1962)
15.28.110 Permits fee—Use.
Repealed by Ord. 4215. (Ord. 3987 § 4, 2005: Ord. 3675 § 1 (part), 1998: Ord. 3368 § 10 (part), 1993: Ord. 2639 § 1, 1981: Ord. 2586 § 2, 1981: Ord. 933 § 1, 1964: Ord. 874 § 13.0, 1962)
15.28.120 Permit card—Posting required.
The permit card required by this chapter and obtained with the side sewer permit must at all times during the performance of the work, and until the completion thereof and approval by the city engineer, be posted in some conspicuous place at or near the work and must be readily and safely accessible to the city engineer. (Ord. 3368 § 10 (part), 1993: Ord. 874 § 14.0, 1962)
15.28.130 Inspections.
(a) Any person performing work under permit pursuant to the provisions of this chapter shall notify the city engineer when the work will be ready for inspection, and shall specify in such notification the location of the premises by address and the file number of the permit.
(b) Forty-eight hours notice plus Saturday, Sunday and holidays may be required by the city engineer on any request for inspection.
(c) If the city engineer finds the work or material used is not in accordance with this chapter, the public works standards and Chapter 15.36, he shall notify the person doing the work, and also the owner of the premises, by posting a written notice on the permit card, and such posted notice shall be all the notice that is required to be given of the defects in the work or material found in such inspection.
(d) In the case of a licensed side sewer contractor, either the contractor or a competent representative shall be on the premises, whenever so directed to meet the inspector. (Ord. 3368 § 10 (part), 1993: Ord. 874 § 15.0, 1962)
15.28.135 Side sewer ownership.
It shall be the responsibility of the property owner to own and maintain the side sewer from the connection at the main to the building. In the event that more than one property is served by a single side sewer, it shall be the responsibility of all property owners using the side sewer to jointly maintain that portion of the side sewer serving more than one property.
In any case where a jointly maintained side sewer line is approved by the city engineer, a joint maintenance agreement supplied by the department of public works shall be recorded with the King County assessors office prior to issuance of any side sewer permits for the subject properties. (Ord. 3368 § 11, 1993)
15.28.140 Filling trenches and covering sewer—Inspection prerequisite.
No trench shall be filled nor any sewer covered until the work shall have been inspected and approved by the city engineer. (Ord. 874 § 16.0, 1962)
15.28.150 Backfilling excavations.
All work within the limits of any public area shall be carried on to completion with due diligence, and if any excavation is left open beyond a time reasonably necessary to fill the same, the city engineer may cause the same to be backfilled and the public area restored forthwith, and any cost incurred in such work shall be charged to the side sewer contractor in charge of such work and shall be immediately payable to the city treasurer by the contractor upon written notification of the amount thereof given to the contractor or posted at the location. (Ord. 874 § 17.0, 1962)
15.28.160 Contractor noncompliance—Notice—Costs charged to contractor.
If any work done under a permit is not done in accordance with the provisions of this chapter and Chapter 15.36 and the plans and specifications as approved by the city engineer, and if the contractor or person doing the work refuses to properly construct and complete such work, notice of such failure or refusal shall be given to the owner or occupant of the property for whom said work is being done, and the city engineer may cause the work to be completed and the sewer connected in the proper manner, and the cost of such work and any materials necessary therefor shall be charged to the owner or contractor and be payable by the owner or contractor immediately upon the city engineer’s giving written notice of the amount thereof or posting a notice thereof on the premises. (Ord. 3368 § 10 (part), 1993: Ord. 874 § 18.0, 1962)
15.28.170 Side sewer—Nonconforming or dangerous—Failure to construct or repair—Notice.
When any side sewer is constructed, laid, connected or repaired, and does not comply with the provisions of this chapter and Chapter 15.36, or where it is determined by the health officer or the city engineer that a side sewer, storm drain, septic drain field, ditch, or natural watercourse is obstructed, broken, or inadequate or is a menace to health or threatens to cause damage to public or private property, the King County health officer and/or the city engineer shall give notice to the owner, agent or occupant of the property in which such condition exists and if he refuses to reconstruct, relay, reconnect, repair or remove the obstruction of the side sewer, storm drain, septic drain field, ditch or natural watercourse within the time specified in such notice, the King County health officer shall so notify the city engineer and the city engineer may perform such work as may be necessary to comply with this chapter and Chapter 15.36, and the cost of such work so done shall be charged to the property owner or occupant and shall be come immediately payable to the city treasurer upon written notice of such amount being given to the property owner or occupant or posted upon the premises. (Ord. 3368 § 10 (part), 1993: Ord. 874 § 19.0, 1962)
15.28.180 Installation, construction and maintenance costs borne by owner.
All costs and expenses incidental to the installation and connection and maintenance of a side sewer shall be borne by the owner or occupant of the premises served by the side sewer. (Ord. 874 § 20.0, 1962)
15.28.190 Existing side sewer—Use—Approval.
The use of an existing side sewer may be permitted when approved by the city engineer as conforming to all requirements of this chapter and Chapter 15.36 for a new or converted building or new installation replacing an old one. (Ord. 874 § 21.0, 1962)
15.28.200 Lifting house drain—Backups—Backwater sewage valve.
(a) In any building, structure or premises in which a house drain or other drainage is too low to permit gravity flow to the public sewer the same shall be lifted by artificial means and discharged in the public sewer.
(b) Whenever a situation exists involving an unusual danger of backups the city engineer may prescribe a minimum elevation at which the house drain may be discharged into the public sewer. drains or sewers below such minimum elevation shall be lifted by artificial means and if directed by the city engineer a backwater sewage valve be installed. The effective operation of the backwater sewage valve shall be the responsibility of the owner of the sewer or drain. Approval of a backwater sewage valve shall be made only upon the applicant’s agreeing to save the city harmless from all damage resulting therefrom in a form acceptable to the city attorney and a copy of the recorded document shall be provided to the city. (Ord. 3086 § 12, 1988: Ord. 874 § 22.0, 1962)
15.28.210 Grades—Cover—Diameter—Vault and privies.
(a) All side sewers shall be laid on a not less than two percent grade; shall be at least thirty inches from any foundation wall of any building, and, if there be no foundation wall, at least thirty inches from the outer line of any footings, pilings, or building supports; shall have at least sixty inches of cover at the curb line or any public alley, thirty inches of cover at the property line and eighteen inches of cover on the private property. A side sewer which is laid generally parallel to the curb or curb line shall have at least forty-eight inches of cover unless approved by the city engineer. All side sewer shall be at least six inches in diameter in public areas except as otherwise specified in the “Standard Plans and Specifications of the City of Kirkland.” Not more than one building shall be connected to a side sewer except by permission of the city engineer and the written agreement of all owners using the same side sewer. Any one single-family residence shall be connected with at least four-inch diameter pipe and any multiple dwelling, industrial or commercial building or group of two single-family residences shall be connected with at least a six-inch diameter pipe. All cover measurements shall be based on the established curb or curb line elevation or the sidewalk or sidewalk line elevation.
(b) All vaults or privies shall be disinfected and filled with fresh pea gravel; and all septic tanks, cesspools and similar installations shall be disinfected and filled with fresh pea gravel at the time of the discontinuance of the use thereof. (Ord. 3368 § 10 (part), 1993: Ord. 3086 § 13, 1988: Ord. 874 § 23.0, 1962)
15.28.220 Downspouts.
The connection of any downspout with a sanitary sewer is hereby prohibited and declared to be unlawful. (Ord. 3086 § 14, 1988: Ord. 874 § 23.1, 1962)
15.28.230 Easements.
(a) Before any side sewer may be located on any building site other than that owned by the owner of the side sewer, the owner of the side sewer shall secure from the owner of such building site a written easement duly acknowledged covering and granting the right to occupy such property for such purpose, and such written easement shall be recorded by the owner of the sewer in the office of the county records.
(b) Before the city engineer issues a permit authorizing the laying of a side sewer on any building city other than the one served by it, the owner of the sewer shall secure from the building site owner and record with the King County records office the sewer easement herein referred to and shall exhibit to the city engineer the recording number thereof.
(c) Where a side sewer is to be connected in a public area to a side sewer which is owned by another and does not involve an easement, written permission for such connection shall be obtained from the owner of such side sewer and shall be filed with the city engineer before any permit authorizing such connection is issued.
(d) Where physical conditions render compliance with the foregoing provisions impracticable, the city engineer may issue a special permit for installation of a side sewer requiring compliance with the provisions insofar as is reasonably possible, and such permit shall be issued only upon the condition that the permittee shall record with the county auditor an instrument acceptable to the city engineer agreeing to save harmless and indemnify the city from any damage or injury resulting from such installation. (Ord. 3368 § 10 (part), 1993: Ord. 874 § 24.0, 1962)
15.28.240 Materials and workmanship—Excavations.
(a) All material and workmanship in connection with the installation of any side sewer and connection with a public sewer shall be as required by the “Standard Plans and Specifications” of the city except as to modifications or changes approved by the city engineer.
(b) Whenever it becomes necessary to disturb pavement in connection with any work authorized under this chapter and Chapter 15.36, the opening shall not be more than two and one-half feet by eight feet; provided the city engineer may specify a different size of said opening and additional cuts to be made when needed to insure a proper backfill.
(c) No excavation shall be made in any public area except at times and in the manner prescribed by the city engineer.
(d) All backfill of excavation and tunnels under concrete or asphalt surfacing and the restoration of these surfaces in public areas shall be done by the contractor under the supervision of the city engineer.
(e) A leakage test shall be made of every section of city sewer after completion of backfill by an internal hydrostatic pressure or air test method; provided, that if the groundwater table is so high as to preclude a proper exfiltration test by adding the external pressure to the test pressure, an infiltration test may be used.
(f) Side sewers shall be tested for their maximum length possible from the public sewer in the street to the connection with the building plumbing. The method of testing side sewer shall be determined by the city, but in no case shall it be less thorough than filling the pipe with water before backfill and visually inspecting for leakage. When filling the pipe with water, a minimum of a five-foot standpipe shall be placed at the filling point. The standpipe shall be filled to the top with water unless the public works inspector determines it unnecessary.
(g) Groundwater or other water related to sewer construction, other than water used for leakage test, shall not be admitted into a public sewer. (Ord. 3368 § 10 (part), 1993: Ord. 3086 § 15, 1988: Ord. 874 § 25.0, 1962)
15.28.242 Materials.
All pipe and pipe materials will be approved by the city engineer. The city engineer shall maintain an adequate supply of copies of standards or lists of approved materials and to furnish same to all interested parties, free of charge when obtaining a sewer permit, or at cost. (Ord. 3368 § 10 (part), 1993: Ord. 3086 § 16, 1988: Ord. 2233 § 1, 1973)
15.28.250 Disturbing sewer systems unlawful.
It is unlawful to break, damage, destroy, deface, alter or tamper with any structure, appurtenance or equipment which is part of the sewer system of the city, or without authority from the city engineer to break, damage, destroy or deface any public walk, curb or pavement, or to make openings or excavations in a public area for the purpose of connection to any public or private sewer. No person, other than an authorized employee or agent of the city shall operate or change the operation of any sewer, pumping station, outfall structure or appurtenant facility. Any person who shall damage, destroy or deface any structure, appurtenance, equipment or property of the city system shall be liable for triple the actual costs of restoration or repair or triple the actual amount of any irreparable damage in addition to other penalties provided by law. (Ord. 3086 § 17, 1988: Ord. 874 § 26.0, 1962)
15.28.260 Excavations—Protection.
Any excavation shall be protected and guarded by fencing or covering and by proper lights. The protection of the public from the danger of such excavation shall be the responsibility of the side sewer contractor; and the contractor shall be liable on his bond for any damage caused by his failure to properly protect and guard such excavation as herein required. If the contractor fails to properly protect and guard such excavation as herein reacquired, the city engineer may properly protect and guard such excavation and charge the cost thereof to the side sewer contractor, who shall upon receiving written notice of the amount of such charge or upon posting of such notice at the location of the excavation immediately pay the same to the city treasurer. (Ord. 3086 § 18, 1988: Ord. 874 § 27.0, 1962)
15.28.270 Restoration of streets and sidewalk.
All streets, sidewalks, parking strips and other public areas disturbed or altered in the course of any side sewer or drainage work, shall be restored by a licensed contractor to the original surface condition as approved by the city engineer; and in the event of the failure of the contractor to so restore the area the city engineer may make such restoration and charge the cost thereof to the side sewer contractor, who shall, upon receiving written notice of the amount thereof or upon posting of such notice on the area, make immediate payment thereof to the city treasurer. (Ord. 3086 § 19, 1988: Ord. 874 § 28.0, 1962)
15.28.280 Inspections—Authority
The city engineer or other city officials or employees of the city, bearing proper credentials and identifications, shall be permitted to enter upon any and all premises at all reasonable times for the purpose of inspection, observation, measurement, sampling and testing of sewers and sewage waste in accordance with the provisions of this chapter and Chapter 15.36; and it is unlawful for any person to prevent or attempt to prevent any such entrance or obstruct or interfere with any such officer or employee while so engaged. (Ord. 874 § 39.0, 1962)
15.28.290 Rules and regulations.
(a) The city engineer may make rules and regulations and amend the same from time to time, not inconsistent with the provisions of this chapter and Chapter 15.36, as he shall deem necessary and convenient to carry out the provisions of this chapter and Chapter 15.36. (Ord. 3086 § § 20, 21, 1988: Ord. 874 § 40.0, 1962)