Plumbing, Water Supply, Drainage and Gas Piping Code

(a) "AMSA" means the Area Metropolitan Services Agency authorized under the Urban Cooperation Act of 1967, being Public Act 7 of 1967, as amended, and being M.C.L.A. 124.501 et seq.

(b) "AMSA area" means the Townships of Battle Creek, Bedford, Emmett and Pennfield and the Cities of Battle Creek and Springfield.

(c) "BOCA Plumbing Code" means The BOCA National Plumbing Code published by the Building Officials and Code Administrators International, Inc., as adopted by AMSA from time to time.

(d) "City" means the City of Battle Creek, Michigan, acting by and through its officers and agents.

(e) "Journeyman plumber" means any person, other than a master plumber, who is duly licensed by the State Plumbing Board and who, as his principal occupation, is engaged in the practical installation of plumbing. A master plumber may also work as a journeyman.

(f) "Master plumber" means any person who is duly licensed by the State Plumbing Board, skilled in the planning, superintending and practical installation of plumbing, and familiar with the laws, rules and regulations governing the same.

(g) "Plumber's apprentice" means any person, other than a journeyman or master plumber, who, as his principal occupation, is engaged in learning and assisting in the installation of plumbing and drainage.

1424.02 ADOPTION OF BOCA NATIONAL PLUMBING CODE, STATE CONSTRUCTION CODE ACT AND MICHIGAN PLUMBING CODE. (REPEALED)

(EDITOR'S NOTE: Section 1424.02 was repealed by Ordinance 1-90, passed February 13 1990.)

1424.025 DESIGNATION OF ENFORCEMENT AGENCY.

Pursuant to the provisions of the Michigan Plumbing Code, in accordance with Act 230 of the Public Acts of 1972, as amended, the office of the Building Superintendent of the City is hereby designated as the enforcing agency to discharge the responsibilities of the City under such Act. The City hereby assumes the responsibility for the administration and enforcement of such Act throughout its corporate limits.

1424.03 APPLICABILITY OF CHAPTER.

This chapter shall apply to and govern all plumbing installed within the AMSA area and shall include the installation of appliances not defined as plumbing, if connected to the water and/or drainage systems and, in addition, shall regulate the practice of plumbing trades, the materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures and appurtenances used in connection with the plumbing installations, all drainage facilities and connections to both sanitary and storm sewers, including private systems, and the public and private water supply systems, both within and without a building, with the exception of the public mains in streets.

1424.04 HOT WATER HEATERS. (REPEALED)

(EDITOR'S NOTE: Section 1424.04 was repealed by Ordinance 8-89, passed April 4, 1989.)

1424.05 CREATION OF POSITION AND QUALIFICATIONS OF PLUMBING INSPECTOR.

There is hereby created the position of Plumbing Inspector, which position shall be filled by the City. The Inspector shall be a duly qualified and licensed master plumber. The compensation of the Inspector shall be determined by the City.

1424.06 DUTIES OF THE PLUMBING INSPECTOR.

The Plumbing Inspector may, upon application, grant permits for all plumbing, water supply, drainage and gas piping installations and reinstallations as provided in this chapter. The Inspector shall make inspections of the same as provided in this chapter. The Inspector shall answer any relevant questions concerning, or give any desired information with respect to, the making, intent or application of any of the provisions of this chapter, including the standards adopted in Section 1424.02. The Inspector, in his official capacity, is not, however, empowered to act as a consultant and cannot lay out work or act in such capacity. No Inspector shall engage in the business of selling, installing, reinstalling or maintaining plumbing, water supply, drainage or gas piping devices and/or equipment, either directly or indirectly, or have a financial interest in any concern engaged in such business in the AMSA district at any time while holding such office.

1424.07 AUTHORITY OF THE PLUMBING INSPECTOR; RIGHT OF ENTRY.

The Plumbing Inspector shall have the right, in accordance with existing law, during reasonable hours, to enter any building or premises in the City in the discharge of his official duties. If the Inspector finds any condition which violates any lawful rule or regulation, or work that is being done which was not stated in the application for a permit, the owner, contractor or plumber shall be notified and the condition shall be immediately corrected and any additional permit that is necessary shall be obtained.

A plumbing inspection shall be done within twenty-four hours on a regular work day after a request is made. The Inspector shall inspect all work done in connection with such installations, replacements and alterations to a point five feet outside of the building or structure for water services and to the street main for sanitary and storm sewers.

A person wishing to install a private sanitary facility, when no public sewer is available, shall obtain a permit from the County Health Department. Inspection shall be made by the County Health Department prior to backfilling.

1424.08 REGISTRATION OF PLUMBERS.

All master and journeyman plumbers duly licensed by the State and all plumber's apprentices shall register with the Building Inspection Department before performing any plumbing work within the City. No person shall perform plumbing contract work in the City unless that person is a master plumber or a bona fide homeowner doing plumbing work upon his own residence (single-family dwelling). Master plumbers and bona fide homeowners must obtain a permit before performing plumbing work within the City as provided in Section 1424.10.

Registration of all master and journeyman plumbers licensed under Public Act 266 of 1929, being M.C.L.A. 338.901 et seq., and all plumber's apprentices, shall be made on or before the first day of April of each year. The registration fee shall be established by AMSA, subject to approval by the City Commission.
The master records and registrations shall be maintained in the Building Inspection Department. The Department shall send a copy of its registration list to each AMSA governmental unit.

1424.09 MASTER PLUMBER'S INSURANCE.

All master plumber licensees under this chapter shall maintain in full force and effect a public liability insurance policy insuring the licensee, his employees and agents and the City against any liability imposed by law arising out of the performance of any work governed by this chapter. The policy shall be filed with the Building Inspection Department and shall provide a minimum coverage as determined from time to time by the City Commission. Certified copies of renewal of such policies shall be filed each year on or before April 1.

1424.10 PERMITS.

(a) No person shall undertake any plumbing work, whether new or replacement, without first obtaining a permit therefor from the Building Inspection Department. A permit shall be issued only to a licensed master plumber or to a homeowner doing work on his own residence (single-family dwelling).

(b) Application for a permit shall be made on a suitable form provided by the Building Inspection Department. The form shall provide for sworn statements giving the following information:

(1) The name and address of the owner of the premises and of the applicant, if other than the owner;

(2) The address or location of the premises where an installation, replacement or alteration is to be made;

(3) The name and address of the master plumber responsible for such work;

(4) The State plumber's license number; and

(5) A description of such installation, replacement or alteration and the number and kind of fixtures to be installed.

(c) After the receipt of a properly filed application and compliance by the applicant with all requirements, a permit shall be granted or refused within five days, exclusive of Sundays and holidays. If a permit is refused, the applicant shall be informed, in writing, of the reasons for such denial.

(d) No permit issued under this chapter shall be construed to give any individual the right to connect with a master main, to remove any sidewalk or to excavate any street for any purpose. If work for which a permit is issued has not been commenced within sixty days from the date of issuance, the permit shall lapse and cease to be effective.

1424.11 PERMIT FEES.

No permit shall be issued until the required fees are paid to the City. Such fees may be established by AMSA, subject to the approval of the City Commission.

1424.12 CREATION AND MEMBERSHIP OF PLUMBING BOARD OF APPEALS.

There is hereby created a Plumbing Board of Appeals. The Board shall consist of six members. The members and their terms of office shall be proposed by the AMSA Council and confirmed by the City Commission. One member shall be a representative of the County Health Department, one member shall be a registered engineer or architect, one member shall be a licensed master plumber, one member shall be a licensed journeyman plumber, one member shall be a government official and one member shall be selected at large. The Chairman of the Board shall be elected by the members of the Board. The terms of office of the members of the Board shall be six years or until their successors are appointed. The members of the Board shall receive no compensation for serving on the Board and may be removed by the AMSA Council for inefficiency, neglect of duty or malfeasance, after a public hearing, with the approval of the City Commission. In the event of a vacancy during a term, the AMSA Board may recommend a replacement for the unexpired term which shall be confirmed by the City Commission. The Board shall elect from its own members a Chairman and Secretary for a term of one year. Any appointed member may, for cause and after a hearing, be removed from office on recommendation of the AMSA Board with the approval of the City Commission. The Board shall meet within five days after a meeting is properly called by the Chairman or a majority of the Board. Notice of such meeting may be by telephone communication. Four members of the Board present at any meeting, properly called for, shall constitute a quorum for the transaction of business. The Chairman or Chairman pro tem of any meeting of the Board may vote. The Board shall hold such meetings as are necessary to carry out the purposes of this chapter.

1424.13 DUTIES OF THE PLUMBING BOARD OF APPEALS.

The Plumbing Board of Appeals shall administer and enforce the most current BOCA Plumbing Code, with any amendments that the State Plumbing Board may approve, and hear appeals from the decisions of the Plumbing Inspector.

1424.14 APPEALS.

All appeals must be submitted in writing to the Plumbing Board of Appeals and filed with the Plumbing Inspector's office. The Plumbing Inspector's office, after receiving such an appeal, shall forthwith transmit the appeal to the Chairman of the Board, who shall schedule a meeting of the Board at the earliest practical time. The Board shall hear the appeal and render and file its decision, with a statement of the reasons for its decision, with the enforcing agency from whom the appeal was taken, not more than thirty days after submission of the appeal. Failure of the Board to hear an appeal and file a decision within such time limit is a denial of the appeal, authorizing the institution of an appeal to the State Construction Code Commission. A copy of the decision and the statement of the reasons for the decision shall be delivered or mailed within ten days to the party taking the appeal.

1424.15 SUPERVISION OF WORK.

No plumbing work shall be performed unless the same is under the supervision of a licensed master plumber, as stipulated in Section 1424.10, except for work performed by a homeowner on his own residence (single-family dwelling).

1424.16 USE OF LICENSEE'S NAME BY OTHERS TO OBTAIN PERMITS.

No person who has obtained a plumber's license shall allow his name to be used by another person for the purpose of obtaining permits.

1424.17 AUTHORITY OF COUNTY HEALTH OFFICER.

This chapter shall not be construed as limiting the powers of the County Health Officer with reference to sanitary conditions on any property in the AMSA area. If any unsanitary condition exists on any such property, the County Health Officer, notwithstanding full compliance with this chapter, may issue such order for its abatement as the conditions may warrant.

1424.99 PENALTY; EQUITABLE REMEDIES.

(a) A person who violates or fails to comply with any of the provisions of this chapter is responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

(b) In addition to the penalties provided for in this section, this chapter may be enforced by suit for injunction, action for damages or any equitable relief appropriate to the enforcement of the Michigan Plumbing Code, as administered by the City of Battle Creek.

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Plumbing, Water Supply, Drainage and Gas Piping Code

Codified Ordinances of Battle Creek

CHAPTER 1424