April 16,
2008
minutes
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MEMBERS
PRESENT: |
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Co-Chairman
Doug Dillon, Chuck Hoag, and Jim Carpenter |
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MEMBERS
ABSENT: |
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Chairman Frank Lewis, Kenny Breithaupt |
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GUEST
PRESENT: |
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Mike
Capra, Vito’s Plumbing; Steve Burd; Michael Burd |
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Ex-Offico: |
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Call
meeting to order.
Dillon called the meeting to order at 6:26
p.m.
Introductions.
Approve the March 19, 2008
minutes.
Carpenter made
a motion to approve the minutes. Hoag second
the motion, the motion passed 3-0.
New business
Dillon
opened the floor to new business.
Mike
Capra of Vito’s Plumbing addressed the Board. Capra stated he wanted to make
the Board aware of illegal plumbing work being performed in the City by excavators.
Capra expanded that excavators are working on the piping going to and exiting
septic tanks and did not have a valid plumbing license.
Capra
pointed out that the “Douglas County Sanitary Code” (DGSC), a code enforced by
the Health Department, requires a “on site sewage management system installers”
license to install septic systems and for a licensed plumber to obtain this
license an additional test is administered. Capra suggested that the
requirement of an additional test was in violation of State Statue 12-1509.
Capra
stated that the Health Official was overriding the plumbing codes, past and
present, adopted by the City with the “DGSC”. Capra expanded on this stating
that the “DGSC” allowed “tee” fittings to be laid on their back instead of
requiring the appropriate drainage fittings as per the plumbing code. Capra also
stated that the “DGSC” approved of other piping and fittings that were not
allowed in the plumbing code.
Capra
stated that Richard Ziesenis, Director of Environmental Health for the
Lawrence-Douglas County Health Department disregarded the state statute and the
City’s plumbing code with the adoption/enforcement of the “DGSC”. Capra
questioned the Board whether this is illegal, does it take a licensed plumber
or do we allow these excavation people to install plumbing per the “DGSC”.
Hoag
responded stating that the Board was not code enforcement, which designation
would be with the City.
Staff
reiterated Hoag’s statement and informed the Board that this question was
outside the Board’s responsibility. Staff noted that Section 9-107 of the City Code
assigns the Health Officer jurisdiction of septic tank systems.
Dillon
asked staff if the City inspected septic systems within the City limits.
Staff
replied that the City does not inspect septic systems. Staff continued stating
that the Health Department regulated septic system installations.
Capra
asked about the pipe going into the septic tank and the pipe going out of the
septic tank, saying that should be considered plumbing work and be done by
licensed plumbers.
Staff
responded that the piping from the house to the septic tank would be regulated
by the City but from the tank on would be part of the septic system regulated
by the Health Department.
Capra
pressed that even if the piping after the tank was under the Health
Department’s jurisdiction that it was still plumbing and was required by state
law to be installed by licensed plumbers. Capra then revisited an earlier claim
that sanitary “tees” should not be laid on their back according to the plumbing
code.
Staff
explained that the plumbing code adopted by the City would not allow a sanitary
“tee” to be laid on its back as a drainage fitting but the plumbing code
adopted by the City does not regulate septic systems.
Capra
reiterated his question to the Board asking if this was plumbing and will the
Board allow excavators to do illegal plumbing in the City. Capra continued
stating that if license requirements stopped at the edge of the building
everyone might as well not be licensed and should stop getting permits for
their work. Capra went on saying that if someone is using PVC piping and
fittings then its plumbing and is regulated by the plumbing code.
Hoag
stated that would be more of a question for the Douglas County Health Officer
than the Board according to the City ordinance.
Staff
repeated that the plumbing code regulated the plumbing system and per
definition a plumbing system does not include the “point of disposal” such as
the city sewer mains and private sewage disposal systems.
Carpenter
asked how many septic systems were in the city.
Staff
suggested that there was only a hand full of properties in the City that have
septic systems, most or all of them installed while the property was in the
county prior to annexation into the City.
Capra
stated the Health Department’s requirement of an exam to become a “septic tank
installer” was in violation of the state statue and with his plumbing license why
should he have to take that exam.
Hoag
stated that this issue was beyond the Board’s scope and his suggestion would be
to go to the Health Department.
Capra
responded saying that this was the Plumbing Board and this was a plumbing issue
so why go to the Health Department. Capra continued stating Richard Zieneses
wrote the “DGSC” that says if you come and take his examination you can go do
plumbing all aver the county.
Hoag
asked what exactly did Capra want the Board to do.
Capra
replied that he wanted the Board to say the installation of the pipe going in
and going out of the septic tank would be work that requires a licensed
plumber.
Hoag
expressed that what Capra wanted the Board to say, he wanted the Board to say
to the Health Department and the Board does not regulate the Health Department.
Staff informed Capra that he may have a valid
concern but the avenue taken was not appropriate and staff asked to view the
“DGSC”.
Capra then stated that if the Board did not address
this issue they might as well disband and say that excavators that are not
licensed plumbers go ahead and do plumbing work.
Hoag stated that there are codes in the City that
would prevent excavators from doing plumbing without a license. Hoag then
stated that Capra was saying if the Board did not address the septic system
issue that is regulated by the “DGSC” then the Board is folding up shop and
allowing anyone to plumb anywhere.
Capra replied yes.
Hoag stated that he disagreed with that assessment
and thought the rest of the Board did as well. Hoag continued stating that the
Board was there to uphold the codes adopted by the City.
Staff informed Capra that the “DGSC” had a section
on appeals and that the Board of Health hears appeals on the decisions made by
the Health Official. Staff went on to read the definition in the International
Residential Code of a plumbing system and that definition read that the
plumbing system ended at an approved point of disposal.
Capra stated that he wanted the Board to answer his
question is it plumbing going to and from the septic tank.
Dillon stated that it is plumbing.
Capra asked Dillon if excavators could do the work
or if it took a licensed plumber. Capra continued saying the excavators did not
have a license to do the work.
Dillon replied asking if any of the excavators had a
“septic tank installer” license.
Adjourn
At that point Carpenter addressed the Chairman and made a motion to adjourn.
Capra question whether he was going to get an answer
from the Board.
Hoag replied that he did not have the answer and
that the Board would take it under advisement. Hoag continued saying according
to what he has read it does not look like the Board has any authority regarding
the issue.
Carpenter stated that he agreed with Hoag and
understood the concern because it had merit.
Hoag second
the motion to adjourn, the motion passed 3-0.
Dillon adjourned the
meeting at 7:20 p.m.