The International Plumbing Code, 2000 edition, copies of which are on file in the office of the City Clerk of the City of Marion, Kansas, being marked and designated as International Plumbing Code, including Appendix Chapters E, F, and G, as published by the International Code Council be and hereby adopted as the code of the City of Marion, Kansas; for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems in the City of Marion, Kansas, and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provision, conditions and terms of such International Plumbing Code, 2000 edition, published by the International Code Council on file in the office of the City of Marion, Kansas are hereby referred to, adopted and made a part hereof as if fully set out in this article.

(Ord. 1338; Code 2014)

No permit shall be granted, nor certificate of inspection issued, until such person, firm, or corporation shall have first obtained a license from the City Clerk of the City of Marion, Kansas, allowing them to do such plumbing work within the City of Marion, Kansas. Such license shall not be issued until the applicant there shall have first a certificate of liability insurance in the amount of $1,000,000.00 in favor of the City of Marion, Kansas or in the alternative, have a surety bond in favor of the City of Marion, Kansas for the sum of $1,000,000.00 conditioned that the principal of said bond will comply with all the provisions of the Ordinances of the City of Marion, Kansas, and amendment thereto. All plumbing licenses shall expire on December 31st of the year following in which the license is issued. License renewal information will be provided by the City Clerk to all currently licensed plumbing contractors prior to the expiration date.

(Ord. 1338; Ord. 1370; Code 2014; Ord. 1443)

Every plumbing contractor before engaging in plumbing work in the city’s jurisdiction shall show proof of passing a standard examination for the determination of competency of plumbing contractors as promulgated and administered, or both, by the international code council (ICC), the international association of plumbing and mechanical officials (IAPMO) or Prometric.  Further, all persons receiving such license shall provide proof of obtaining not less than 12 hours biennially or six hours annually of continuing education.  Not less than six hours biennially or three hours annually shall consist of code education. Due to the COVID-19 Pandemic, continuing education requirement shall be suspended for the year of 2021 renewals.

(Ord. 1338; Ord. 1370; Code 2014; Ord. 1467)

Subsection 109.1 is revised as follows:

       APPLICATION FOR APPEAL Any person shall have the right to appeal a decision of the code official to the City Council. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or any equally good or better form of construction is proposed. The application shall be filed in writing within 20 days after the notice was served.

Subsections 109.2, 109.2.1, 109.2.2, 109.2.3, 109.2.4, 109.2.5, and 109.2.6 are eliminated.

Subsections 109.3 is revised as follows:

       The council shall hear the appeal within 30 days of the filing of an appeal during a regularly scheduled meeting of the council, All appeal hearings before the council shall be open to the public The appellant, the appellant’s representative, the code official, and any person whose interests are affected shall be given an opportunity to be heard, The procedures shall not require compliance with strict rules of evidence, but only relevant information shall be received, Either the appellant or the appellant’s representative shall have the right to request the postponement of the hearing, The council may modify or reverse the decision of the code official by a concurring vote of a majority of the council members present at a lawfully constituted city council meeting, The decision of council shall be by motion, and a copy of the minutes shall be furnished to the appellant and the code official, The code official shall take immediate action in accordance with the decision of the council, Any person, whether or not a previous party of the appeal, shall have the right to appeal the administrative decision of the council pursuant to Kansas law.

Sections 109.4, 109.4.1, 109.5, 109.6, 109.6.1, 109.6.2, and 109.7 are vacated hereby.

Subsection 8.4 is revised as follows:

       Violation Penalties. Any person who violates a provision of this Code, or fails to comply with any of the requirements thereof, or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this Code, shall be deemed guilty of a misdemeanor and upon confiscation shall be subject to a fine of not less than $10,00 nor more than $500,00, together with the costs of such prosecution, Each day during which violation continues, shall be a separate offense,

(Ord. 1338; Code 2014)

Any individual desiring to perform their own plumbing work shall not be required to make the required bond or to obtain the required license but shall be required to obtain the regular permit for that particular job. Such work done by an individual must be done by him personally on his own residential premises and not be way of performing a service to the public generally. No work shall be performed on a commercial building or structure by unlicensed individuals or contractors within the corporate city limits.

(Ord. 1443)

That if any section, subsection, sentence, clause or phrase of this article is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance, The City of Marion, Kansas, hereby declares that it would have passed this article, and each section, subsection, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

(Ord. 1338; Code 2014; Ord. 1443)