§ 16-9. Amendments to the plumbing code.

The plumbing code adopted in section 16-1 of this chapter is hereby amended and changed in the following respects:

Chapter 1, Administration, of the code is hereby amended as follows:

a.

The provisions of subsection 103.1, General; subsection 103.2, Appointment; and subsection 103.3, Deputies, of Section 103, Department of Plumbing Inspection, are hereby deleted.

b.

The provisions of subsection 103.4, Restrictions of Employees, are hereby amended to read as follows:

(i)

103.4. Restrictions of Employees. An officer or employee connected with the administration and enforcement of the provisions of the code shall not be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, or in the making of plans or of specifications thereof unless he is the owner of such building. Such officer or employee shall not engage in any other work which is inconsistent with his duties or conflicts with the interests of the position held.

c.

The provisions of subsection 106.5.2, Fee Schedule, are hereby amended as follows:

(i)

106.5.2. Fee Schedule. The fees for all plumbing work shall be in accordance with the established fees for building permits.

d.

The provisions of Section 109, Means of Appeal, are hereby repealed and replaced with the following provisions:

(i)

Section 109. Appeals to the mayor and council.

109.1. Decisions of the building official. The owner of a building, structure, or service system, or his duly authorized agent, may appeal a decision of the building official to the mayor and council whenever any one of the following conditions are claimed to exist:

1.

The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system.

2.

The provisions of this code do not apply to this specific case.

3.

That an equally good or more desirable form of installation can be employed in any specific case.

4.

The true intent and meaning of this code or any of the regulations thereunder have been misconstrued or incorrectly interpreted.

109.2. Variances. The mayor and council when so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following:

1.

That special conditions and circumstances exist which are peculiar to the building, structure, or service system involved and which are not applicable to others.

2.

That the special conditions and circumstances do not result from the action or inaction of the applicant.

3.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures, or service systems.

4.

That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure, or service system.

5.

That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety, and general welfare.

109.2.1. Conditions of the variance. In granting the variance, the mayor and council may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the mayor and council may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code.

109.5. Procedures of the mayor and council.

109.5.1. Rules and regulations. The mayor and council shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The mayor and council shall consider a request for appeal within thirty (30) calendar days after notice of appeal has been received. All applications to the mayor and council for an appeal shall be submitted on forms furnished by the building official, and be accompanied by a fee of one hundred fifty dollars ($150.00).

109.5.2. Decisions. The mayor and council shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision shall also include the reasons for the decision. If a decision of the mayor and council reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two (2) weeks after filing. Every decision of the mayor and council shall be final, subject, however, to such remedy as any aggrieved party might have at law or in equity.

(Ord. No. 442, 8-11-98)