CHAPTER 21.
Plumbing, Sewers and Sewage Disposal.[27]
Article I. In General.
| § 1. |
Duty of owner to connect with city sewer. |
| § 2. |
Each building to be separately connected with sewer. |
| § 3. |
Use of septic tanks. |
| § 4. |
Disposal of excreta from human bodies. |
| § 5. |
Sewered water closet or sanitary privy required. |
| § 6. |
Privies—Construction requirements and regulations generally. |
| § 7. |
Same—Keeping in cleanly condition; use only for toilet purposes. |
| § 8. |
Same—Not to be permitted to overflow. |
| § 9. |
Same—Noncomplying privies declared nuisance. |
| § 10. |
Same—Alterations or constructions to privies found to be
nuisances. |
| § 11. |
Same—Receptacles for sanitary privies. |
| § 12. |
Same—Inspection. |
| § 13. |
Same—Replacement of can privies. |
| § 14. |
Sewers discharging into septic tanks or cesspools. |
| § 15. |
Penalty. |
Article II. Plumbing.
| § 16. |
Plumbing inspector—Appointment; compensation. |
| § 17. |
Same—Powers and duties generally. |
| § 18. |
Same—Not to engage in plumbing business. |
| § 19. |
Same—Right of entry; obstructing. |
| § 20. |
Only licensed plumber or agent to make sewer connections, etc. |
| § 21. |
Plumbers—Registration. |
| § 22. |
Same—Revocation of registration certificate. |
| § 23. |
Same—License. |
| § 24. |
Same—Bond. |
| § 25. |
Same—Correcting work improperly done, etc.; liability for
damages. |
| § 26. |
Permits—Form and contents of application; issuance. |
| § 27. |
Same—For others than employees. |
| § 28. |
Same—Fees. |
| § 29. |
Plumber undertaking work started by another. |
| § 30. |
Inspections—Required; work concealed before inspection. |
| § 31. |
Same—Notice to inspector; certificates of approval, etc. |
| § 32. |
Same—Additional inspections; fees. |
| § 33. |
Same—Preparation for inspection; methods of testing. |
| § 34. |
Adoption of requirements of state law. |
| § 35. |
Penalty. |
Article III. Sewers.
| § 36. |
"Main or lateral sewers" and "house sewers" defined. |
| § 37. |
Sewer connections—Application; charge. |
| § 38. |
Same—Outside city; application; contract executed by property
owner. |
| § 39. |
Injuring sewers, manholes, etc. |
| § 40. |
Discharging refuse or garbage into sewers. |
| § 41. |
Rain and surface water not to flow into sewer. |
| § 42. |
Removal of obstructions. |
| § 43. |
Private sewer lines; connection with city sewer; rights of city. |
| § 44. |
Penalty. |
Article I. In General.
Sec. 1. Duty of owner to connect with city sewer.
The owner of every building now erected, or which may hereafter
be erected, remodeled or repaired, whether occupied or to
be occupied for any purpose, shall cause the same to be connected
with the city sewer, provided such building or premises be on or
along the line of a public sewer, unless in any case it can be shown
to the satisfaction of the health officer that there is no necessity
for such connection. It shall be unlawful for any person to have
any privy on his lot or in any home on the line of the city system
of sewage that is not connected therewith.
All buildings and premises, whether situated on public lanes or
courts, or on such lanes or courts as have not been accepted by
the council as public when the same opens into the street on which
the city sewers are laid, shall be considered on the line of the said
city system of sewerage; and the owner of buildings and premises
on said lanes and courts, not accepted as public, shall run at
his expense a lateral to connect therewith, in accordance with
regulations herein contained governing sewers. (Code 1932, §
373.)
As to power of cities to regulate sewer connections, see § 1544 of
Michie's Virginia Code of 1942.
Sec. 2. Each building to be separately connected with
sewer.
The plumbing and drainage system of every building shall be
separately connected with the public sewer at property lines, and
in a row of tenements each tenement shall be deemed a separate
house. The connection of more than one building to the same
house sewer will not be allowed, except by written permission of
the city manager. (Id.)
Sec. 3. Use of septic tanks.
In cases where it is not practicable or possible to make connections
with the city system of sewers, the use of septic tanks will be
allowed in the discretion of the health officer and in all cases shall
be constructed and maintained in accordance with directions of
the health officer. (Id.)
Sec. 4. Disposal of excreta from human bodies.
It shall be unlawful for any person to throw out, deposit or
bury within the city limits any excreta from human bodies, solid
or liquid, or to dispose of such substance in any manner other
than by means of a properly sewered water closet or a properly
constructed sanitary privy. (Id.)
Sec. 5. Sewered water closet or sanitary privy required.
All buildings or other places in the city where human beings
live, are employed or congregate, shall be provided with a sewered
water closet or a sanitary privy for the catchment or receiving
of human discharge which will properly dispose of and safeguard
such matter. (Id.)
Sec. 6. Privies—Construction requirements and regulations
generally.
It shall be unlawful for any property owner or his authorized
agent or tenant to construct, maintain or permit to exist on any
property under his control, where sewer connection has not been
made, a privy, unless the same be sanitary, and constructed in
accordance with the state requirements for a sanitary privy, and
approved by the health officer.
The health officer shall prescribe by regulations the proper size
and method of construction of such privies, and such other details
as will render this article effective and its application uniform.
All such privies must conform to such regulations. (Id.)
Sec. 7. Same—Keeping in cleanly condition; use only
for toilet purposes.
All sanitary privies in the city shall be kept in a cleanly condition
at all times and so used that all excreta deposited therein
shall fall into the receptacle or pit provided. Such receptacle or
pit shall be used only for the purpose of a toilet, and no waste
water, garbage or other refuse matter other than human excreta
shall be deposited therein. (Id.)
Sec. 8. Same—Not to be permitted to overflow.
No privy shall be permitted to become filled to overflowing.
Before the pit is allowed to overflow a new pit must be provided
and the privy house placed thereon in accordance with directions
of the health officer. (Id.)
Sec. 9. Same—Noncomplying privies declared nuisance.
All privies existing or maintained in the city which do not
comply with the requirements of this article or the regulations issued
under this article, shall be and are hereby declared a nuisance,
dangerous to the public health, and the city shall proceed to
abate such nuisance in accordance with law. (Id.)
Sec. 10. Same—Alterations or constructions to privies
found to be nuisances.
The city, through the health officer, shall have the further
right to make or cause to be made such alterations or constructions
to such privies as are found to be nuisances, that will render
them sanitary, and the entire cost of such work shall be charged
against the owner of the property. All such alterations or constructions
are to be prescribed and approved by the health officer.
(Id.)
Sec. 11. Same—Receptacles for sanitary privies.
All receptacles for sanitary privies shall be in the beginning
furnished by the property owner. Said receptacle shall be interchangeable
from closet to closet and replacement of destroyed or
worn receptacles is to be made by the city. It shall be unlawful
for any person to take, destroy, misuse or misplace any such receptacle.
(Id.)
Sec. 12. Same—Inspection.
The health officer or a duly appointed inspector shall personally
inspect all privies as such inspection shall be deemed by the
health officer necessary. The health officer or a duly appointed
inspector is hereby empowered to enter all premises in the discharge
of this duty. (Id.)
Sec. 13. Same—Replacement of can privies.
When an existing can privy becomes unsanitary and its replacement
is directed by the health officer, the new privy shall conform
to the state standards for a sanitary privy as approved by the
health officer. (Id.)
Sec. 14. Sewers discharging into septic tanks or cesspools.
All houses having a sewer which discharges into a septic tank
or cesspool shall be provided with an ample and approved subsurface
distributing system to care for the effluent from such
tank or cesspool. (Id.)
Sec. 15. Penalty.
Any person who violates any of the provisions of this article,
or any person who in any way obstructs the city health authorities
in the proper discharge of the duties prescribed in this article,
shall, upon conviction, be fined in a sum of not less than five dollars
nor more than one hundred dollars and may also be sentenced
to hard labor for the city for a period of time not exceeding six
months. Each day such violation continues shall constitute a
separate offense. (Id.)
Article II. Plumbing.
Sec. 16. Plumbing inspector — Appointment; compensation.
A plumbing inspector shall be appointed by the city manager,
subject to the approval of the council. He shall hold office at the
will of the city manager and shall receive such compensation as
the council, on the recommendation of the city manager, may fix.
(Code 1932, § 491(2).)
For general state statute authorizing cities to appoint inspectors,
see § 1544 of Michie's Virginia Code of 1942.
Sec. 17. Same—Powers and duties generally.
The plumbing inspector shall be charged with the duty of enforcing
the plumbing laws of the city. He shall also perform
such other duties as the city manager may assign to him.
He shall inspect all buildings in course of erection, alteration
or repair for the purpose of seeing that the laws and ordinances
covering plumbing are complied with.
Upon being notified by any plumber engaged in work for
which he has received a permit, the plumbing inspector shall
promptly examine such work and shall condemn it, order the removal
of any defective or illegal material, or any plumbing or
drainage failing to comply with the provisions of this article.
The plumbing inspector or his authorized assistant shall issue
all permits for plumbing work and issue the required certificate
of approval on the satisfactory completion of such work. (Id.,
§ 491(3).)
Sec. 18. Same—Not to engage in plumbing business.
The plumbing inspector shall not engage in the business of
plumbing, pipe fitting or any other business pertaining thereto, or
be interested, directly or indirectly, in any firm or corporation engaged
in said lines of business during his term of office. (Id.)
Sec. 19. Same—Right of entry; obstructing.
The plumbing inspector or his duly authorized representative
is hereby authorized and empowered to enter upon any building
or premises in the city for the purpose of seeing that the rules
and regulations in regard to plumbing, sewerage and drainage are
complied with. Any person preventing the plumbing inspector
or his duly authorized representative from entering any building
or premises in the performance of their official duties, or obstructing
or hindering them in the performance of such duties, shall be
punished as provided in section 35. (Code 1932, § 492(8).)
Sec. 20. Only licensed plumber or agent to make sewer
connections, etc.
Only a licensed plumber or his agent shall be allowed to make
connection with any sewer, drain, soil, waste or water pipe, or
make any addition to any sewer, drain, soil, waste or water pipe.
(Id., § 491(6).)
As to authority of cities to license persons for plumbing work, see
§ 1544 of Michie's Virginia Code of 1942.
Sec. 21. Plumbers—Registration.
Every person engaged, or about to engage, in the plumbing
business in the city, as a master or journeyman plumber, or
any person coming from other places for the purpose of engaging
in the plumbing business in the city as a master or journeyman
plumber, shall appear in person before the plumbing inspector
and receive a certificate of registry upon satisfactory proof that
he is a master or practical journeyman plumber; and no person
other than a registered plumber shall be allowed to engage in
plumbing or make any connection with a sewer, drain, soil, waste
or water pipe, or any other pipe connected therewith. (Id., §
491(4).)
Sec. 22. Same—Revocation of registration certificate.
Upon satisfactory proof that the certificate of registration of
a master or journeyman plumber was obtained through fraud or
error or if the recipient thereof is shown to be dishonest, grossly
incompetent or repeatedly neglectful of the rules and regulations
herein contained, the city manager shall revoke the certificate of
registration, with the right on the part of the person whose certificate
is revoked to appeal to the city council. (Id.)
Sec. 23. Same—License.
Any person about to engage in the plumbing business or the
installation of plumbing systems in the city shall first be licensed
as required by the license laws of the city. Before such licenses
shall be issued by the commissioner of revenue the applicant must
exhibit a certificate showing that the requirements hereinafter
set forth have been met. (Id., § 491(5).)
As to state license, see § 176 of The Tax Code of Virginia.
Sec. 24. Same—Bond.
Every person engaged in the plumbing business shall enter into
a bond, with security satisfactory to the city manager, in the
penalty of five hundred dollars, to indemnify and save harmless
the city, its citizens, residents and property owners against any
and all loss by reason of his failure to comply with the requirements
of this chapter or from neglect or carelessness in his work,
and conditioned further that, should any such work be defective
or incomplete and such person fail to correct the same within
ten days after written notice from the plumbing inspector or his
duly authorized representative, the city manager may have such
work corrected or completed and the cost thereof, as well as all
the costs and expenses incurred in collecting the same, may be
recovered on the bond.
Such bond shall be renewed annually and placed in hands of
the plumbing inspector on or before the first day of May of each
year. (Id.)
Sec. 25. Same—Correcting work improperly done, etc.;
liability for damages.
Every person engaged in the plumbing business shall make
good all damages arising by reason of violations of this article.
Work improperly done and not corrected after ten days' written
notice by the plumbing inspector may be corrected by the city
manager, and the costs thereof and twenty per cent additional
collected from said person, and such violation shall subject such
person to a fine as hereinafter provided, and the city manager
may revoke his license to do business, but the defendant shall
have the right of appeal to the council. (Id.)
Sec. 26. Permits — Form and contents of application;
issuance.
No alterations or installation of plumbing, shall be made, except
where the cost thereof is less than ten dollars, without first
obtaining a permit therefor. Application for such permit shall be
made to the plumbing inspector on forms prescribed by him.
Such application shall be accompanied by such sketches and other
information as may be required by the city manager, to enable
the city officials to determine whether or not such proposed work
is in conformity with the provisions of this chapter. Upon the
approval of such application, the plumbing inspector shall issue
a written permit for the work.
Except in amount less than ten dollars, but not including repairs
or renewals, where necessary to cut into existing sewer,
drain, soil, vent, waste or water pipe in the sanitary arrangement
of any building, the plumber must get a written permit from the
inspector to do so. Before any permit is issued for work requiring
a connection with the sewer of the city, the plumber shall get
from the engineering department the location of the sewer connection
and the work authorized by the permit shall be made to
conform thereto. (Code 1932, § 491(6).)
Sec. 27. Same—For others than employees.
It shall be unlawful for any plumber to take out a permit for
any person not in his employ. (Id.)
Sec. 28. Same—Fees.
A fee of one dollar shall be paid by the plumber to the inspector
for each permit issued for connection with the city sewer. A fee
of twenty-five cents shall be paid for each fixture installed,
roughed in, replaced or removed from one place to another, in
any building within the city, and the receipts of these fees shall
be endorsed upon the application.
For the purpose of determining fees, the word "fixture" will
be construed to mean each water closet, sink, bathtub, shower
bath, lavatory, urinal, wash trays and every other water-using
apparatus which is separately connected to the waste or drainage
system through a trap. (Code 1932, § 491(7).)
Sec. 29. Plumber undertaking work started by another.
Any plumber taking a job which has been started by another
must be in every case responsible for the entire work. (Id., §
491(6).)
Sec. 30. Inspections—Required; work concealed before
inspection.
All plumbing work for which a permit is issued shall be inspected
by the plumbing inspector at such stages in the progress
of the work as he may consider necessary in order to determine
whether or not the provisions of this chapter have been
fulfilled. In the course of such inspection the plumbing inspector
shall be empowered to demand that any uninspected plumbing
work which may have become concealed be uncovered and
such obstructions moved in order to allow a careful inspection of
the work. (Id., § 491(8).)
Sec. 31. Same—Notice to inspector; certificates of approval,
etc.
Upon the completion of the work, the person doing the same
shall notify the plumbing inspector, who shall make a final inspection
of the work within thirty-six hours thereafter, and
shall issue a certificate of approval, provided the work is satisfactorily
completed. In case the plumbing inspector refuses to
issue a final certificate, complaint may be made to the city manager,
and his decision shall be deemed final in the matter. (Id.)
Sec. 32. Same—Additional inspections; fees.
When additional inspections are necessary, due to the failure
of the person to properly install plumbing work or for improper
notice of completion on a job, an additional fee of one dollar
for each such inspection may be charged at the discretion of the
city manager. (Id.)
Ses. 33. Same—Preparation for inspection; methods of
testing.
Upon the completion of the "roughing in" of a plumbing installation,
the system shall be prepared for the plumbing inspector,
after a thorough test of the same by the plumber, by
filling all said drain, waste and vent pipes with water to the
highest point of the system. Such a test shall stand, under the
pressure of the water necessary to fill the system, for not less
than two hours before the inspector is called. In cases where
it is not practicable to test with water, the system shall be subjected
to an air pressure of five pounds per square inch for the
purpose of testing and inspection or, in lieu thereof, what is
generally known as the smoke test may be used. (Id.)
Sec. 34. Adoption of requirements of state law.
All plumbing in the city shall conform to the minimum standards
provided by the Acts of Assembly of 1938, pages 675-699
[§§ 1736(1)-1736(156) of Michie's Virginia Code of 1942],
and amendments thereto, which are hereby adopted and made
a part of this article as fully as though set out herein.
Sec. 35. Penalty.
Any person violating the provisions of this article shall be
fined not less than five dollars nor more than twenty-five dollars.
Each day of failure to conform to the provisions or requirements
of this article shall constitute a separate offense.
(Code 1932, § 492(9).)
Article III. Sewers.[28]
Sec. 36. "Main or lateral sewers" and "house sewers"
defined.
For the purpose of this chapter, all sewers running in streets
of the city with which the sewers running into the lots abutting
on the streets connect, shall be called main or lateral sewers; all
sewers leading from the main or lateral sewers to the property
on either side shall be called house sewers. (Code 1932, §
492(1).)
Sec. 37. Sewer connections—Application; charge.
The work of running connecting lines from the city sewer
to the property line of the owner shall be done by the city, but
the owner shall pay to the city therefor fifteen dollars for each
connection. Such connection shall be made only upon application
in writing on a form provided by the city manager, to whom
application shall be made, and the payment above mentioned
shall be made at the time of application. (Id., 492(2); Ord.
March 3, 1941.)
Sec. 38. Same—Outside city; application; contract executed
by property owner.
The owners of property outside the city limits, desiring to
connect with the city sewerage system, shall make written application
to the city council. If the council approves such application,
the city manager shall grant a permit for such connection
subject to the provisions of this chapter, provided the following
contract is duly executed by the property owner and recorded at
the expense of the property owner:
"THIS AGREEMENT, made and entered into this ......
day of .............., 19.., by and between the CITY OF
CHARLOTTESVILLE, VIRGINIA, hereinafter referred to
as the City, and ........, hereinafter referred to as Owner.
WITNESSETH:
"That for and in consideration of the rental payments and
agreements on the part of the owner, hereinafter specified and
referred to, the City grants unto the owner for a term of ......
years, commencing on the date of this agreement, and ending
January 1, 1950, the right to connect a ...... inch private
sewer with the City sewer, as is indicated on the attached plat,
and the further right to use said City sewer for the disposal of
such sewerage as may be incident to the use and occupation of
the property hereinafter referred to, subject however, to such
general regulations, restrictions and charges as the City may
now or hereafter impose or prescribe relative to the use of City
sewers by County resident and property owners, including those
hereinafter specifically set forth.
The consideration for the aforementioned right is as follows:
(1) The owner agrees to pay the City quarterly, in advance,
the sum of $3.00.
(2) The owner agrees to construct and maintain said private
sewer under the supervision of the City and in accordance with
such regulations and requirements as the City may prescribe,
said construction and maintenance to be entirely at the owner's
expense.
(3) The owner agrees that the City shall make connection of
the private sewer with the City sewer, at such place as the City
may designate and agrees to pay the City such sum as may be
necessary to cover the cost of making said connection.
(4) In the event the owner does not properly maintain said
sewer, the City after reasonable notice to the occupant of said
premises shall have the right to maintain the said sewer at the
expense of the owner, and the owner hereby agrees to pay the
City such sums as may be expended in maintaining the same.
(5) The owner agrees that all sums herein specified or which
may hereafter be charged by the City shall be paid promptly and
that if same are not paid within ten days after the same become
due, the City shall not only have the right to collect the same by
the ordinary legal remedies, but the owner, as additional security
for the payment of said sums, hereby gives the City a lien on said
property for all sums which may become due hereunder, together
with all costs, and attorneys' fees incident to the enforcement of
said lien and the collection of said sums.
(6) The owner agrees that the private sewer shall not be used
for the disposal of surface water; that unless the City shall give
its consent, in writing, no sewerage shall be emptied into said private
sewer other than that incident to the use and occupation of
the property which was conveyed to the owner by deed from
.........., recorded in the Clerk's Office of the Circuit Court
of Albemarle County in D. B. .........., p. ......; and that
upon violation of this paragraph of this agreement, the City shall
have the right to forfeit and terminate all rights of the owner
herein granted, and prevent the owner from using the same by
such means as may be necessary.
It is mutually covenanted and agreed that the rights and obligations
herein created shall enure to the benefit of and be binding
upon the owner's heirs, successors and assigns.
IN WITNESS WHEREOF, the City has caused this agreement
to be executed by its City Manager, ........, and its corporate
seal to be hereto affixed by the Clerk of its Council, .....,
and the owner has signed the same this the year, month and day
first above written.
CITY OF CHARLOTTESVILLE, VA.,
By......................
City Manager.
........................
Owner
Attest:
......................................
Clerk of City Council."
(Code 1932, § 492(3).)
Sec. 39. Injuring sewers, manholes, etc.
No person, while engaged in the construction of house sewers
or otherwise, shall injure, trim, break or remove any portion of
any main or lateral sewer, or "Y", or manhole, lamp-hole, or flushtank,
or do any injury to any house sewer previously laid, and
no penalty fixed by this article shall prevent the city or any property
owner from recovering any damages sustained by reason of
such injury, by appropriate civil action or otherwise. (Id., §
492(4).)
Sec. 40. Discharging refuse or garbage into sewers.
No person shall be permitted to discharge into the main or lateral
sewers or any household sewer or drain through which substances
are discharged, any cinders, vegetables, fruit, fruit peelings,
ashes, rags, cotton, hair or any refuse matter or garbage or
any thing other than the ordinary discharges of water closets, liquid
house slops and closet paper. (Id., § 492(5).)
Sec. 41. Rain and surface water not to flow into sewer.
No rain water from the roofs of houses, surface water or
drainage from the yard shall be permitted to flow into the sewer.
(Id.)
Sec. 42. Removal of obstructions.
In case of any stoppage in the main or lateral sewers, the city
shall remove the obstruction. If the stoppage occurs in the house
sewer or drain, the property owner whose property it connects
with the main sewer shall remove the obstruction. If he fails to
remove the obstruction within forty-eight hours after notice from
the city manager, the obstruction may be moved by the city and
the cost thereof, together with twenty per cent thereof, shall be
paid by the owner or occupant. (Code 1932, § 492(6).)
Sec. 43. Private sewer lines; connection with city sewer;
rights of city.
Before a private sewer line may be connected with the city
sewerage system, said private line, including the size, location and
construction, must have been inspected and approved by the city
manager or his authorized representative. In consideration of
a permit being granted to connect said private lines with the city
sewerage system, the city shall have the right to connect other
sewers with said private sewer lines without any charge being
made by the owner of the lines to the city or to the owner of any
property connected therewith. (Id., § 492(7).)
Sec. 44. Penalty.
Any person violating the provisions of this article shall be fined
not less than five dollars nor more than twenty-five dollars. Each
day of failure to conform to the provisions or requirements of
this article shall constitute a separate offense. (Id., § 492(9).)
