HomeMy WebLinkAboutA002 - Council Action Form dated February 10, 2004 COUNCIL ACTION FORM
ITEM#
Date: Feb 10, 2004
SUBJECT: ADOPTION OF UPDATED PLUMBING AND MECHANICAL
CODES
BACKGROUND:
Over the last several months the Plumb 1 ng/Mechanical Code Board and City staff have
been reviewing the 2003 Uniform Plumbing Code (UPC) and 2003 Uniform Mechanical
Code(UMC) for adoption. They recently completed the review and drafted a series of
changes to our local ordinance.
The adoption of the Uniform Plumbing and Uniform Mechanical Codes in lieu of the
International Plumbing and Mechanical Codes (IPC/IMC) is recommended because the
State Health Department has adopted the UPC. The State of Iowa has a requirement that
when a structure is under a local jurisdiction's plumbing codes, those codes cannot be
less restrictive than the state's plumbing codes. Since the IPC is generally less restrictive
than the UPC, the local amendments would be numerous in order for our local code to
not be less restrictive than the state's requirements. For the City to be in compliance with
the requirements of the State Health Department, it is currently recommended that the
i City adopt the 2003 UPC/UMC instead of the 2003 IPC/IlVIC.
The Board held a hearing on the proposed adoption and changes to the local plumbing
and mechanical codes. Thirteen persons appeared at the hearing representing six
plumbing contractors. All present agreed with the proposals.The plumbing inspector
also informally surveyed other plumbing contractors for input and has not seen any
opposition to this recommendation.
There are two recommended additions from City staff that were not endorsed by
the Plumbing/Mechanical Board. These additions both deal with the connection of
certain plumbing systems to the City's water utility. These sections reserve authority
over backflow prevention"containment"devices to the Director of Water and Pollution
Control, rather than to the Board. The specific wording follows:
The first addition involves the determination of the type and location for containment
(backflow protection) of the water service.
Section 21.401(3)(h)
(h) The Board shall have no authority over the determination of where
containment by means of a backflow prevention assembly is to be required:and,
shall have no authority over determination of the type o[containment by means of
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backflow prevention that is to be required Authority over these issues is reserved
to the City's Director of Water and Pollution Control._
(Ord. No. 3197, Sec. 1, 9-24-92; Ord. No. 3219, Sec. 2, 3-23-93)
Staff feels very strongly that this is a water quality issue providing protection of the
City's drinking water.The quality of the City's drinking water is regulated by the Iowa
Department of Natural Resources (IDNR) and the U.S. Environmental Protection Agency
(EPA). Under those jurisdictions, the City Council, City Manager, and licensed staff are
the responsible authority, not the Plumbing/Mechanical Board. Appeals of staff decisions
regarding backflow prevention, therefore, should be to the City Manager and City
Council. Unfortunately,this provision was inadvertently omitted when the plumbing code
was updated several years ago. Staff only recently realized that this correction was
needed.
It should be noted that a related section of the existing plumbing code reserves the right
to determine water meter sizes to the Director of Water,and Pollution Control, rather than
to the Board. The same logic was followed when that section was adopted, since water
meters—like containment devices—are critical connecting points between internal
plumbing systems and the City's water utility.
The second addition provides staff with the option to eliminate the containment required
under limited conditions when two service lines are installed to a single premise.
Section 21.501(47)(d)(i)d
d. At premises having more than one water service, not including fire
protection systems, where there is an actual or potential difference in pressure
between the water services,all service connections shall be protected against
backflow from the premises by installing an approved backflow prevention
assembly for containment at each service connection
Under the current code, staff must now require containment under all circumstances
when two service lines are installed. By adding this language, staff may be able to avoid
mandatory installation and annual testing expenses for some existing locations as well as
future facilities.
The Plumbing and Mechanical Code Board does not support these two additions,
and recommends that these two sections not be approved. That action would reserve
authority over backflow containment devices exclusively to the Board.
Copies of the complete ordinances for both codes are available in the City Clerk's office.
These lengthy documents primarily modify specific sections of the respective Uniform
Codes.
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ALTERNATIVES:
1. Approve the ordinances as written adopting the 2003 Uniform Plumbing Code and
2003 Uniform Mechanical Code with local amendments as noted. Adopting the
plumbing code as written reserves authority over water containment issues to the
City's Director of Water and Pollution Control.
2. Approve the ordinance as written adopting the 2003 Uniform Plumbing Code and
2003 Uniform Mechanical Code with local amendments as noted and without the two
additions shown above. This alternative, in accordance with the Board's
recommendation, reserves authority over water containment issues to the Plumbing
and Mechanical Code Board of Appeals.
3. Do not approve an ordinance adopting the 2003 Uniform Plumbing Code and 2003
Uniform Mechanical Code with local amendments. This action would leave the City
under the 1997 UPC and the 1997 Uniform Mechanical Codes.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt Alternative#1.
This action will approve the ordinances as written adopting the 2003 Uniform Plumbing
Code and 2003 Uniform Mechanical Code with local amendments as noted.
It is extremely important that the City Council reserve authority over all elements
of water supply system safety to the parties that are legally responsible for operating
and safeguarding that system. Under this alternative, appeals to staff decisions on
backflow containment devices would go to the City Manager and,ultimately, to the City
Council.
COUNCIL ACTION:
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