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02/02/1967 445 MINUTES OF BOARD OF HEALTH, February 2, 1967 - Present: Dr. J. W. Hooper, Chairman, Dr. J. C. Knox, Dr. James Smith, Dr. William Wagoner, Dr. James Tidler, Attorney Bradt'ord L. Tillery Minutes of the January 9th meeting were approved by motion of Dr. Wagoner, seconded by Dr. Knox. Plumbirut Code: Copies of correspondence between Mr. Tillery, Mr. Kern Church, State Building Code Chairman, and the Attorney General had been mailed to each member of the Board prior to this meeting. After a thorough discussion of our present plumbing code and after giving the Plumbing Inspector, Mr. Louis Smith, Jr., a chance to bring any objections to the Board, Dr. Smith made the motion that we adopt the state Plumbirut Code with amendments as set forth in the attached resolution to be effective on March 1, 1967, and that the Plumb- ing Inspector be instructed to accept either code during the interim period. Dr. Knox seconded the motion. Motion carried unanimously. By common consent the Board agreed for Dr. Hooper to appoint a committee of three plumbers, one engineer and one supplier to draw up any amendments they feel is necessary to the State Code and present these to the State Building Code Council before their meeting on March 2, 1967. ~Pti;T~S and Private Water Supplies: Dr. Wagoner made the motion, seconded , by Dr. Smith, that we re-adopt Section 43 and 44-A of the old local plumbing code 1 as a separate ordinance. These sections are on Septic Tanks and Private Water I \ Supplies. Motion carried. -.----- --_.. -.-- _ Legislation Request: Dr. Smith made the motion that a letter be written to Mr. John Burney, Mr. George Clark and Mr. William Hill requesting that legislation be introduced requiring that all plumbers purchasing permits in New Hanover County be licensed Master Plumbers. (This requirement now only applies to the City of Wilmington and Journeyman Plumbers are permitted to buy permits for work in the county). This motion was seconded by Dr. Tidler. Motion carried. Hospital Insurance: Permission was asked of the Board that the payroll clerk be allowed to begin withholding Hospitalization Insurance premiums as a service to the employees through the payroll deduction plan. This insurance coverage is entirely on a voluntary basis and no county funds are involved. Dr. Wagoner made the motion, seconded by Dr. Tidler, that we be allowed to do this. Motion carried. There being no further business the meeting was adjourned. Respectfully submitted, , Approved: March 1. 1967 //L~ "/2- tP~ CONSOLIDATED BOARD OF HEALTH OF NEH HANOVER COUNTY AND CITY OF WIlllINGTON REGULATIONS GOVElmING THE DESIGN, INSTALLATION, ALTERATION AND REPAIR OF PLmlBDJG A."JD PLIDlBTIJG SYSTEHS: THE ISSUANCE OF PERNITS: AND THE INSPECTION AND TESTING OF PLlnlBlliG DJ N~1 HANOVSR COmITY AND THE CITY OF I.;IUlINGTON BE IT ORDADlED BY THE CONSOLIDATED BOARD OF HEALTH OF l'J'h"W HANCJVT.ffi ComITY AND THE CITY OF vIIUlINGTON: That the following regulations for the protection of the public health are hereby adopted pursuant to authority granted by Section 17 of Chapter 130 of the General Statutes of North Carolina and other applicable sections of said statutes, and shall apply throughout New Hanover County to the design, installation, alteration and repair of all plumbing and plumbing systems: the issuance of permits: and the inspection and testing of plumbing. Section 1. Adoption of 1963 North Carolina State Plumbing Code by Reference Except as hereinafter specifically provided, the design, installation, alteration and repair of plumbing and plumbing systems; the issuance of permits; and the inspec- tion and testing of plumbing in New Hanover County shall be regulated in accordance with these regulations and the provisions of the publication "North Carolina Building Code, Article YJC, Plumbing, 1963 Edition, Published by the North Carolina Building Code Council and the North Carolina Department of Insurance, Room 300, Labor Building, Raleigh, N. C." as supplemented by amendment thereto in 1966. The portions of the plumbing code set out in the above described publication are hereby adopted by re- ference pursuant to authority granted by Article 4 of Chapter 130 of the General Statutes of North Carolina. The plumbing code hereby adopted by reference consists of Chapters I through XYl, inclusive, and Appendix A, Appendix B and Appendix C. Except as hereinafter noted, the above cited plumbing code adopted herein by reference becomes a part of these regulations as fully as if set out verbatim herein. A copy of the above cited publication containing the plumbing code herein adopted by reference will be kept on file in the office of the Clerk of Superior Court of New Hanover County and the office of the Health Director of the Consolidated Board of Health. The following amendments are made to the plumbing code set out in the above cited publication and adopted herein by reference, for the purpose of these regulations: a. vlherever the term "local governing authority", or "local governing body" appears, it is changed to read "Consolidated Board of Health of New Hanover County and the City of Itilmington." b. In Chapter III, Section 302, the term "Plumbing Officials" is amended by adding at the end thereof the following: "and shall, in addition, include the Health Director of the Consolidated Board of Health and his duly authorized representatives." c. In Chapter I, Section 101...3, a new sentence is added at the end thereof to read as follo~IS: "The procedure for appeals to the Consolidated Board of Health shall be as set forth in Section 4 of these regulations." d. Chapter I, Section 106.1, regarding the establishment of fees, is amended by adding at the end thereof the follo~1ing: Such fees shall be collected by the plumbing inspector and delivered to the County Treasurer." e. Chapter II, entitled "Basic Principles", shall apply to the interpretation of these regulations, but shall not constitute mandatory requirements except as re- quired elsewhere in these regulations. Section 2. Permits Permits shall be applied for, issued, refused or revoked in accordance with Chapter I, Sections 103.1 to 103.6, inclusive, of the plumbing code herein adopted by reference. Section 3. Inspections, Tests, and Certificates of Compliance Inspections, tests, and the issuance of certificates of compliance shall be done in accordance with Chapter I of the plumbing code herein adopted by reference. Section 4. Appeals Should any controversy arise regarding the denial or revocation of a permit, the condemnation of any plumbing work or fixtures, the denial of a certificate of approval, or any other matter authorized or required by these regulations and the plumbing code herein adopted by reference, the person, firm or corporation aggrieved may appeal to the Consolidated Board of Health. Upon receipt of notice of such appeal, the Consolidated Board of Health shall hold a hearing at which time the aggrieved person shall be given an opportunity to show that the permit should have been granted, that his permit should not have been revoked, that his work or fixtures should not have been condemned, that his certificate of approval should have been issued, or that some other action taken or refused to be taken by the plumbing in- spector was improper. No such hearing shall be held unless a written petition there- for shall have been filed in the office of the plumbing inspector on or before the tenth day following the day on ~mich the action or lack of action took place which caused the petitioner to be aggrieved. The written petition requesting a hearing before the Consolidated Board of Health must set out the grievance or grievances of the petitioner. It shall be the duty of the plumbing inspector to communicate the request for a hearing to the chairman of the Board of Health as soon as practicable. Such a hearing shall be held by the Board of Health within 14 days following the receipt of such request by the chairman. After such hearing, the Consolidated Board of Health may either affirm or reverse the action or lack of action by the plumbing inspector, depending upon whether the action or lack of action taken b;c the plumbing inspector was in accordance with the provisions of these regulations. If the Consoli- dated Board of Health affirms, the aggrieved person may appeal to the North Carolina Building Code Council or to the Superior Court in accordance with Chapter I, Section 101.3 of the code hereby adopted by reference. Section 5. Penalties If any person shall violate any rules and regulations adopted by a county board of health, he shall be guilty of a misdemeanor and subject to a fine of not more than fifty dollars ($50) or imprisonment for not more than thirty (30) days, as provided by Section 203 of Chapter 130 of the General Statutes of North Carolina. Section 6. Prior Ordinances. Rules and Regulations Repealed All ordinances, rules and regulations heretofore adopted by the Consolidated Board of Health governing the design, installation, alteration and repair of plumbing and plumbing systems; the issuance of permits; and the inspection and testing of plumb- ing which are in conflict ~r.ith the provisions of these regulations are hereby repealed. Section 7. This code shall be applicable to: a. Dwellings and outbuildings used in connection therewith; b. Apartment buildings used exclusively as the residence of not more than two fa.r.d.lies; c. Temporary buildings or sheds used exclusively for construction purposes not exceeding twenty feet in any direction and not used for living quarters. Section 8. Severability If any section, subsection, paragraph, sentence, clause or phrase of these re- gulations should be dechLred invalid for any reason whatsoever, such deeision shall not affect the remaining portions of these regulations, which shall remain in full force and effect; and, to this end, the provisions of these regulations are hereby declared to be severable. Section 9. Effective Date These regulations shall be in full force and effect from and after J'~rch 1, 1967 .