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O73-04KENNEDALE ORDINANCE NO. 73-4 KENNEDALE PLUMBING CODE AN ORDINANCE PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY, AND THE QUALIFICATION AND REGISTRATION OF PERSONS ENGAGED IN TIE BUSI- NESS OF PLUMBING, OR LABORING AT THE TRADE OF PLUMBING; REQUIRING A PERMIT AND INSPECTION FOR THE INSTALLATION OR ALTERATION OF PLUMBING AND DRAINAGE SYSTEMS; PROVIDING MINIMUM REGULATIONS FOR THE INSTALLATION,ALTERATION OR REPAIR OF PLUMBING AND DRAINAGE SYSTEMS AND THE INSPECTION THEREOF; DEFINING CERTAIN TERMS; PROVIDING PENAL- TIES FOR THE VIOLATION OF THIS ORDINANCE; AND RE- PEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: Section 1. Designation Of Code. This ordinance, and all the hereinafter contained provis- ions, whether expressly set forth in this ordinance or adopted by reference as a part hereof, is hereby designated as the Ken- nedale Plumbing Code, which shall constitute the short title of this ordinance. Section 2. Adoption Of Code. There is hereby adopted by reference, as a part of this ordinance, the same as if set forth verbatim herein, the Uniform Plumbing Code, 1970 Edition (herein sometimes called "Uniform Plumbing Code" andUUPC"), as enacted and published by the Inter- national Association of Plumbing and Mechanical Officials, to- gether with the additions, deletions and amendments hereinafter contained. Said Uniform Plumbing Code, with such additions, de- letions and amendments, shall constitute the Plumbing Code of the City of Kennedale, Texas, and this ordinance shall be known by the short title of Kennedale Plumbing Code. Said Plumbing Code is adopted for the purpose of regulating the installation or alteration of plumbing and drainage systems, and prescribing qualifications for those engaging in such business, within the City of Kennedale, Texas, in order to protect the public health and safety. A copy of said Uniform Plumbing Code, marked Exhibit A and signed for identification by the Mayor and City Secretary and impressed with the City Seal on the inside front cover thereof, shall be kept on file with this original ordinance for the purpose of completing the ordinance and showing the pro- visions hereby adopted by reference. However, said identifica- tion shall not be necessary to the validity of this ordinance, or the adoption by reference of said Uniform Plumbing Code, and any officially published copy thereof shall constitute a valid reproduction of that portion of the Kennedale Plumbing Code. Copies of such Uniform Plumbing Code shall be available for pur- chase at such price as the City Council shall designate through the office of the City Secretary, or those desiring copies may purchase them direct from the publisher. Section 3. Code Defined; Rule of Construction. The Kennedale Plumbing Code shall include all of the provisions of the Uniform Plumbing Code as adopted by Section 2 hereof, and all other provisions of this ordinance. In event there is determined to be a conflict between any provision of (g) the Uniform Plumbing Code as adopted by reference and the other provisions of this ordinance hereinafter provided, the latter provisions shall be construed as controlling and tak- ing precedence over the former. Section 4. Amendments, Additions and Deletions. The adoption by reference of said Uniform Plumbing Code, as provided in Section 2 hereof, is made subject to and is modified and amended as follows: (a) By the amendment of Sec. 1.1 of UPC, defining admini- strative authority and assistants, to read as follows: "Whenever the term 'administrative authority' is used in this code, it shall be construed to mean the Chief Building Inspector of the City of Kennedale, Texas, or his authorized representative.' (b) By the amendment of Sec. 1.2 of UPC, defining assistants, to read as follows: ''Whenever the term 'assistants' is used in this Code, it shall be construed to mean an au- thorized representative of the Chief Building Inspector of the City of Kennedale, Texas, who has been so employed or appointed by the City Council." (c) By the amendment of Sec. 1.7 of UPC, pertaining to viola- tions and penalties, as hereinafter provided in this or- dinance. (d) By amendment of the "Schedule of Fees' under Sec. 1.12 of UPC, pertaining to cost of permits, as hereinafter provided in this ordinance. (e) By the deletion in its entirety of Part Two (Sec. 2.1 through 2.11, Pages 9a, 10a and lla) of UPC, pertaining to qualification of plumbers, and by amendment in lieu thereof as hereinafter provided in this ordinance. (f) By the addition of Sec. 211 to Chapter 2 of UPC, immed- iately following Sec. 210 thereof, to read as follows: Sec. 211-Plastic Pipe. 'Plastic pipe of at least the quality and grade of Schedule 40, Poly Vinyl Chloride, and appropriate fittings and fixtures in connection there- with, may be used in the repair or installation of ser- vices covered by this Code, provided, however, that no such material shall be authorized for any connection, extension or installation used in, on, inside or under any building wall or any foundation structure." By the adoption of Appendices by reference as a part of this Code, as set forth in said Uniform Plumbing Code, 1970 Edition, being Appendices A, B, C, D, E, F and G, set forth at Pages 129 through 163, and the accompanying tables set forth at Pages 164 through 169, of said Uni- form Plumbing Code, the same as if set forth verbatim herein. Section 5. Violations and Penalties. Sec. 1.7 of the UPC is amended to read as follows: "Any person, firm or corporation violating any provis- ion of this Code shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any amount not to exceed $200.00 for each offense. Each separate day or any - 2- portion thereof during which any violation of this Code occurs or continues shall be deemed to constitute a distinct and sep- arate offense.' The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or approval of any violation of any of the provisions of this Code, and shall not prevent the City of Kennedale from thereafter requiring the correction of errors in said plans and specifications to conform to the requirements of this Code. Every permit issued under this ordinance shall expire by limitations and become null and void if the work authorized by such permit is not commenced within 60 days from date of such permit, or if said work is suspended or abandoned at any time after commencement for the period of 120 days. Before such work can be re -commenced, a new permit shall be obtained as in the case of original work. Prosecution for or conviction of any violation of this Code shall not prevent the City of Kennedale from seeking in- junctive or other equitable or common law remedies otherwise available to it in a court of competent jurisdiction, and said criminal prosecution shall be deemed in addition to and not in lieu of such other remedies available to the City of Kennedale for violations of this Code. Section 6. Plumbers - Qualification and Licensing. No person shall engage in, carry on or work at the busi- ness of plumbing in the City of Kennedale unless he holds a valid license to do the particular plumbing work he undertakes from the Texas State Board of Plumbing Examiners. For the pur- pose of this Code and licensing qualifications, the definition of plumbing,Master Plumber, Journeyman Plumber and Plumber's Apprentice shall have the same meanings as ascribed by Art. 6243-101, Texas Revised Civil Statutes As Amended, and licensed plumbers in the various categories shall be entitled to do work within the City of Kennedale as prescribed by such State Law. No person shall engage in plumbing work in the City of Kennedale, even though having a State License therefor, with- out first registering his name, address, telephone and State License number with the City Secretary, and any commercial ve- hicle used in carrying -on such business shall have such name, address, telephone and license number conspicuously displayed thereon. No person, firm or corporation shall engage in business as a master plumber within the City of Kennedale without first having filed with the City Secretary a good and sufficient sure- ty bond, payable to the City, in the sum of at least $3,000.00, fully indemnifying and saving the City whole and harmless from all costs or damages arising out of any claim or cause of action asserted against it by reason of the negligence or fault of the principal on the bond, his agents, servants or employees, or by reason of work done under authorization of any permit issued to said principal. The bond shall be for the use and benefit of the City and any person having a cause of action arising out of the plumbing work done by the principal thereon, by reason of failure to comply with the plumbing regulations of the City, and the surety company shall be acceptable to the City Council. _3-. No plumbing license shall be required in those in- stances enumerated in the Texas Plumbing License Law as not requiring a license, such as plumbing work done by a proper- ty owner in his own premises, or by a regular maintenance man or engineer incidental to the business in which he is employ- ed, and who do not engage in the occupation of a plumber for the general public. Section 7. Cost of Permit - Schedule of Fees. The Schedule of Fees under Sec. 1.12 of UPC is hereby amended to read as follows: For issuing each permit, minimum fee $ 2.00 In addition thereto: For each sewer line 2.00 For each water line 1.50 For each gas line 2.00 For each commode or water closet 1.50 For each bath tub 1.50 For each shower bath 1.50 For each lavatory 1.50 For each sand trap 1.50 For each urinal 1.50 For each drinking fountain 1.50 For each soda fountain 1.50 For each gas air conditioner 1.50 For each rain water system (per drain) 2.00 For each floor drain 1.50 For each kitchen sink . . . . . . . . . . . . . . 1.50 For each washing machine 1.50 For each water heater 1.50 For each garbage disposal 1.50 For each dishwasher 1.50 For each sink (bar, shop, utility) 1.50 -For each grease trap . . . . . . . . . . . . . 1.50 For each condensate drain. . . .... . . . . . 1.50 For each gas line extension or repair 2.00 For each septic tank (if permissible) 5.00 For each boiler 5.00 For each gas outlet .30 For each gas cook top 1.50 For each gas oven 1.50 For each gas light . . . . . . . . . . . . . . . 1.50 For each floor furnace . . . . . . . . . . . . 1.00 For each water well 2.00 For each lawn sprinkler system 2.00 For central heating unit 1.00 For each unit heater . . . . . . . . . . . .50 For each fireplace lighter valve 1.00 For each bidet 1.50 For each industrial waste pretreatment interceptor 1.50 For extension or repair of water piping 2.00 For each private sewer disposal system (if per- missible) 5.00 For each vacuum breaker or backflow protective de- vice on tanks, vats, etc.. . . . . . . . . . . 2.00 Section 8. Non -Liability of City Officers and Employees. All the regulations provided in this Code are declared to be governmental and for the benefit of the general public. Any member of the City Council, any City Official or employee, administrative authority or other person charged with the en- forcement of this Code, acting for the City of Kennedale in -4- the discharge of his duties, shall not thereby render himself personally liable, and he is hereby relieved from all personal liability for any damage that may accrue to persons or proper- ty as a result of any act required or permitted in the dis- charge of his duties under this Code. Section 9. Repeal of Conflicting Ordinances. This ordinance shall repeal all prior ordinances or parts thereof, of the City of Kennedale, Texas, in conflict with the provisions hereof, but only to the extent of any such conflict. Section 10. Severability Provision. It is the intention of the City Council, in adopting this Code, that every provision hereof shall be a severable and distinct provision, and the City Council hereby declares that it would have adopted each separate provision hereof ir- respective of the validity of any other provision, and the holding of any section, sentence, phrase or provision of this ordinance unconstitutional or unenforceable for any reason shall not be deemed to affect the validity of any other section, sentence, clause or provision hereof. Section 11. This iately upon ATTEST: Effective Date. ordinance shall be in full force and effect limed - its passage and publication as by law provided. ADOPTED AND APPROVED this 22nd day of March, 1973. APPROVED: . T. CFlldres, Mayor of the City of Kennedale, Texas City/Secretary (CITY SEAL)