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HomeMy WebLinkAboutA001 - Council Action Form dated April 13, 2004 ITEM # 0'-/ • DATE April 13, 2004 COUNCIL ACTION FORM SUBJECT: ADOPTION OF UPDATED PLUMBING CODES AND APPROVAL OF PLUMBING APPRENTICE LICENSING FEE BACKGROUND: Over the last several months, the Plumbing/Mechanical Code Board and the plumbing/mechanical inspector have been reviewing the 2003 Uniform Plumbing Code (UPC) for its adoption. They recently completed the review and drafted a series of changes to the local ordinance. The adoption of the Uniform Plumbing Code in lieu of the International Plumbing Code (IPC) 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 recommended by the Plumbing/Mechanical Board that the City adopt the 2003 UPC instead of the 2003 IPC. The Board previously conducted a hearing on the proposed adoption and changes to the local plumbing code. Thirteen persons appeared at the hearing representing six plumbing contractors. All present agreed with the proposals. The plumbing inspector has also informally surveyed other plumbing contractors for input and has not seen any opposition to this recommendation. City staff proposed additional changes regarding appeals for cross connection control "containment" devices during the hearing. The Plumbing/Mechanical Board did not endorse all recommendations from City staff. The staff recommendation was for appeals to be heard by the Director of Water and Pollution Control. The Board and local plumbing professionals wanted the Plumbing/Mechanical Board to retain the appeals hearing process for these devices. In February the City Council considered these two recommendations and was unable to reach agreement as to who should hear containment appeals. The Council then directed staff to explore alternative solutions. Subsequently staff met both with members of the plumbing community and with the Board itself. Agreement has still not be reached on this issue. The core problem seems to revolve around the degree of specificity included within the City's cross connection control regulations. In order to avoid further delay in adoption of the new Plumbing Code, it is staff's recommendation that the revision to the code proceed without change to the current appeals process at this time. This will allow plumbers to utilize the updated code for the bulk of the new construction season. Meanwhile, Water Pollution and Control Department staff will develop more specific, alternative requirements for the containment section of the Plumbing Code. Those requirements may involve less flexibility for inspectors and builders, ensuring that cross-connections with the City's water system do not occur. It is anticipated that this report will be brought to Council later this summer. As a part of that discussion, Council will have the opportunity to consider the City's water containment appeals process and the containment regulations. Since the updated Plumbing Code will now include licensing of apprentice plumbers, Council should also adopt the attached resolution setting the one-time fee at $20. ALTERNATIVES: 1. Approve the ordinance as written adopting the 2003 Uniform Plumbing Code with local amendments as noted, and approve a resolution setting a licensing fee for apprentice plumbers. 2. Do not approve an ordinance adopting the 2003 Uniform Plumbing with local amendments. This action would leave the City under the 1997 UPC. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative #1, approving the attached ordinance adopting the 2003 Uniform Plumbing Code with local amendments. With regards to the appeals process for containment devices, staff will develop alternatives for more specific requirements and review them with the Plumbing/Mechanical Board later this summer. The alternatives will then be brought to Council. COUNCIL ACTION: