Town of Elsmere Code - Plumbing Standards

[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere 9-29-1983 as Ord. No. 186. Amendments noted where applicable.]

That a certain document, of which not less than three (3) copies are on file in the Town Hall, being marked and designated as "The BOCA Basic Plumbing Code, Fifth Edition, 1981," as published by the Building Officials and Code Administrators International, Inc., be and is hereby adopted as the Plumbing Code of the Town of Elsmere; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the said BOCA Basic Plumbing Code are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, together with all of the nationally recognized standards referred to and incorporated into that code, and all supplements to that code including especially the amendments promulgated in the Supplements dated 1982 and 1983, except such articles, sections and subsections as are hereinafter deleted, added, modified or amended in ~ 163-2 of this chapter.

A. P-100.1 Title: Insert the words "Town of Elsmere, State of Delaware" within parenthesis of this subsection.

B. P-104.1 Continuation: Insert the adoption date at the third and final reading within the parenthesis in line 2.

C. P-109.1 General: Delete Subsection P-109.1 in its entirety and substitute a new Subsection P-109.1 to read as follows:

"P-109.1 Plumbing Official: Within the Department of Building Inspection, as established in Subsection 109.1 of the Building Code as amended, the official in charge of the enforcement of the provisions of this code shall be known as the "plumbing official." Whenever the term "plumbing official" is used herein, the same shall be construed to mean the Plumbing Inspector of the Town of Elsmere, or the building official of the Town of Elsmere as defined in Subsection 109.1 as amended and Section 201.0 of the Building Code."

D. P-109.2 Appointment: Delete Subsection P-109.2 in its entirety and substitute a new Subsection P-109.2 to read as follows:

"P-109.2 Appointment: The plumbing official shall be nominated by the Mayor and confirmed by a majority of Council. The plumbing official shall be appointed every two (2) years at the biennial organization meeting of Council, except as provided in Ordinance No. 277."[1]

E. P-110.7 Annual Report: Delete Subsection P-110.7 in its entirety and substitute a new Subsection P-110.7 to read as follows:

"P-110.7 Reporting Procedures: At least monthly, or at such intervals as may be required, the plumbing official shall submit to the Town Manager a written statement of operations and activities in the form and content as shall be prescribed by the Town Manager. The Town Manager shall be responsible for forwarding such information to the Town Council on at least a monthly basis."

F. P-112.0 Permits: Add to Section P-112.0 a new Subsection P-112.8 to read as follows:

"P-112.8 Errors: Every permit issued in error or in violation of the provisions of this code or other ordinance of the Town of Elsmere or without proper authority is null and void, and the status of any such permit shall be the same as though it had never been issued. Upon discovery of such error or violation, the plumbing official shall take immediate action to revoke such permit."

G. P-113.0 Conditions of Permit: Add to Section P-113.0 the following new subsections to read as follows:

"P-113.4 Approval of Contractor: No contractor shall be issued a permit or perform any work within the Town of Elsmere until a business license has been issued, as provided in Ordinance No. 83[2] as amended, and until the plumbing official has determined to his satisfaction that the contractor is qualified to perform the work for which the permit is sought. Evidence that the contractor is currently licensed by the State of Delaware and has no history of violation of the plumbing code or ordinances or other laws or rules or regulations of this town shall be deemed sufficient justification for approval."

"P-113.5 Homeowner's Exception: The provisions of Subsection P-113.4 as amended shall not apply to a homeowner desiring to perform work on his own premises. However, such homeowner shall submit an affidavit to the plumbing official stating exactly the nature and extent of the work to be performed by the homeowner himself; and any work performed by such homeowner shall be subject to all provisions of the plumbing code and to all inspections authorized by the plumbing official."

H. P-114.2 Fee Schedule: The following fee schedule shall be inserted in Subsection P-114.2 to read:

"The fee for a plumbing permit shall be based on the total valuation of the proposed installation, improvement and/or repair and shall be as follows:

For the valuation of work amounting to one thousand dollars ($1,000.) or less, the cost of the fee shall be ten dollars ($10.). The cost of the fee for each one thousand dollars ($1,000.) additional valuation, or fraction thereof, shall be five dollars ($5.)."

I. P-114.0 Fees: Add to Section P-114.0 a new Subsection P-114.3 to read as follows:

"P-114.3 Refunds: In the case of revocation of permit or abandonment or discontinuance of work, there shall be no refund of any permit fees once the permit has been issued. In the event, however, that the plumbing official issues a permit for which a fee has been paid and which subsequently is discovered to have been issued in error, the permit shall be deemed to have never been issued as provided in Subsection P-112.8 as amended, and the plumbing official shall forthwith refund the total amount of the permit fee(s) in question, provided that the error is solely the fault of the plumbing official and not the permit holder."

J. P-115.0 Inspection: Add to Section P-115.0 a new Subsection P-115.4 to read as follows:

"P-115.4 Clean Hands: If the plumbing official shall find any permit holder in violation of any of the provisions of this code, the plumbing official, in addition to other remedies provided herein, may refuse to grant any further permits to such permit holder until all violations have been corrected."

K. P-117.4 Penalties: Delete Subsection P-117.4 in its entirety and substitute a new Subsection P-117.4 to read as follows:

"P-117.4 Violation Penalties: Any person who shall violate a provision of this code and ordinance or shall fail to comply with any of.the requirements thereof or who shall install plumbing work in violation of an approved plan or directive of the plumbing official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor and, upon conviction, subject to a fine of not less than one hundred dollars ($100.) nor more than three hundred dollars ($300.), or imprisonment for not more than thirty (30) days, or both such fine and imprisonment. Each day that such violation continues shall be deemed a separate offense punishable by a further sum of fifty dollars ($50.) per day per violation. The imposition of a penalty for any violation pursuant to this subsection shall not excuse the violation or permit it to continue; and all such violations shall be corrected or remedied within a reasonable time."

L. P-118.2 Unlawful Continuance: Delete the remaining language following the word "shall" in line 4 of Subsection P-118.2 and insert in lieu thereof new language to read as follows:

M. P-118.0 Stop-Work Order: Add to Section P-118.0 a new Subsection P-118.3 to read as follows:

"P-118.3 Right of Development or Project Review: When a stop-work order has been issued on a residential or commercial building within a development or project, the plumbing official may also place a stop-work order on all other residential or commercial buildings of the permit holder under construction within the development or project for a period of time not exceeding fifteen (15) days in order to thoroughly review whether the permit holder is in violation of this code in those buildings."

N. P-121.0 Emergency Measures: Add to Section P-121.0 a new Subsection P-121.2 to read as follows:

"P-121.2 Owner's Responsibility: It shall be the sole responsibility of the owner to provide shelter and pay expenses for person or persons dislocated as a result of an order by the plumbing official to vacate an unsafe building, structure or part thereof."

O. P-122.1 Application for Appeal: Delete Subsection P-122.1 in its entirety and substitute a new Subsection P-122.1 to read as follows:

"P-122.1 Application for Appeal: An appeal may be made from a decision of the plumbing official by filing an appeal to the Board of Building Appeals, pursuant to Section 124.0 of the Building Code as amended."

P. P-122.0 Means of Appeal: Delete from Section P-122.0 the following subsections in their entirety: P-122.1.2., P-122.1.3., P-122.1.4., P-122.2., P-122.2.1., P-122.2.2., P-122.2.3., P-122.3., P-122.3.1., P-122.3.2., P-122.3.3., P-122.3.4., P-122.4.

Q. P-303.2 Public Systems Available: Insert the number "200" within the parenthesis in line 3 of Subsection P-303.2.

R. P-303.0 Connection to Public Water and Sewer System: Add to Section P-303.0 the following new subsections to read as follows:

"P-303.3 Connecting Into Public or Private Sewer Systems: It shall be unlawful for any person to connect French drains, area drainage, storm drainage, roof drainage, swimming pool drainage or drainage which from any device directly or indirectly into any sanitary sewer system, except such a connection made into a public or private sewer system has been specifically authorized or prescribed by this code and for which approval has been granted by the plumbing official."

"P-303.4 Discontinued Septic Systems and Wells: If any septic tank, water well or leaching well shall cease to be used, it shall forthwith be filled completely with solid material."

S. P-308.3 Freezing: Insert the words and numbers "three (3)" and "six (6)" in the blanks in line 2. Insert the words and numbers "five (5)" and "zero (0)" in the blanks in line 3.

T. P-601.0 Determining Size of Drainage System: Add to Section P-601.0 a new Subsection P-601.6.1. to read as follows:

"P-601.6. 1. Minimum Size of House Drain or House Sewer: The minimum size of a house drain or a house sewer shall be four (4) inches."

U. P-602.0 Drainage Piping Installation: Add to Section P-602.0 the following new subsections to read as follows:

"P-602.5.1.1. Subsoil or Foundation Drains: All basements or below-grade rooms shall be provided with subsoil or foundation (French) drains if any part of the basement or below-grade room floor is more than eighteen (18) inches below the exterior ground level. Such drains shall consist of four-inch terra-cotta or approved equivalent pipe with open joints with the top of the pipe at least four (4) inches below the bottom of the floor slab. The pipe shall be covered and surrounded on both sides by at least four (4) inches or three-fourths-inch washed gravel. Installation of such drains shall be in conformance with this code.

Reinforced concrete walls and floors designed to withstand at least three (3) feet of hydrostatic head and to be waterproof with necessary water stops may be approved without such drains.

Any cellar areaway shall be equipped with a floor drain and be tied into this drain tile line, and any window areaway greater than six (6) square feet shall be tied into the drain tile line and shall be made an integral part of the subsoil drainage system.

Subsoil drain lines or discharge from subsoil pumps must discharge at such a distance from the house or in such a manner to avoid recycling of the water back into the French drain. If there is an excess of water such as springs, etc., the discharge shall be extended to the street or drainage water course.

No subsoil or other drain as provided in this subsection shall be connected in any way to the sanitary sewer system."

"P-602.5.1.2. Sump Pumps: Subsoil drains which are not discharged to the exterior by gravity shall be drained to a sump pit which can be provided with an automatic sump pump or ejector which shall discharge as specified in Subsection P-602.5.1.1. as amended. If subsurface water rises out of the sump pit, the plumbing official may require the installation of a sump pump.

"P-602.5.1.3. Size of Sump Pit: Sump pits shall be at least fifteen (15) inches in diameter or fifteen (15) inches square and eighteen (18) inches deep constructed of nonabsorbent material with a removable cover. The top of the pit shall be level with the cellar floor."

V. P-602.0 Drainage Piping Installation: Add to Section P-602.0 a new Subsection P-602.6 to read as follows:

"P-602.6 Drainage Nuisances: Any stormwater drainage from whatever source, or backup of the same, which creates a structural, safety or health hazard, or any other nuisance to the owners or occupants of adjacent or adjoining premises, or to the public by reason of discharge into, onto or across any adjacent or adjoining building, premises or public thoroughfare, shall be abated by the owner of the improperly drained area. The plumbing official shall require and approve the drainage to be disposed of in a prudent and proper manner; provided that such requirement and approval meets the intent of the provisions of this code."

W. P-701.1.6. Swimming Pools: Delete the word "sewer" at the end of line 6 and insert the words "storm sewer" in lieu thereof.

X. P-801.1 General: Delete the period at the end of line 7 and insert in lieu thereof the following language:

"and not create a nuisance in accordance with the provisions of Subsection P-602.6 as amended herein."

Y. Table P-909.1 Maximum Distance of Fixture Trap From Vent: Delete Table P-909.1 in its entirety and substitute a new Table P-909.1 to read as follows:

Bathtubs and showers with one-and-one-half-, two- or three-inch fixture drains shall be five (5) feet from trap to vent."

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. See Ch. 34, Art. II.

[2]Editor's Note: See Ch. 131, Licenses.