CHAPTER 83

LEVY COURT--NEW CASTLE COUNTY

PLUMBING CODE

AN ACT TO AMEND CHAPTER 105, VOLUME 42, LAWS OF DELAWARE, 1939, ENTITLED, "AN ACT TO REGULATE AND CONTROL THE CONSTRUCTION OF WATER AND SEWER SYSTEMS, BUILDING AND HOUSE DRAINING SYSTEMS, AND GAS LINES; THE REGISTRATION OF PERSONS ENGAGED THEREIN AND IN THE CONSTRUCTION AND INSTALLATION OF OIL BURNING EQUIPMENT AND AIR CONDITIONING AND PROVIDING FOR THE SUPERVISION THEREOF IN NEW CASTLE COUNTY OUTSIDE OF THE CITY OF WILMINGTON.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 105, Volume 42, Laws of Delaware, 1939, be and the same is hereby amended by striking out all of Chapter 105, Volume 42, Laws of Delaware, 1939, and substituting in lieu thereof the following new Chapter 105, Volume 42, Laws of Delaware, 1939:

Section 2. The Levy Court of New Castle County, in order to provide for the health and safety of the citizens of New Castle County, shall and it is hereby authorized, empowered, and directed, before July 1, 1943, to adopt and promulgate a plumbing code containing suitable rules and regulations controlling, regulating and supervising the installation, use, size, kind and materials of all plumbing or plumbing work, performed, constructed or installed in or on any property in New Castle County, except property used for industrial purposes, outside of the City of Wilmington, that is located within the Wilmington Metropolitan Area as defined by the U. S. Department of Commerce. The words "plumbing or plumbing work" shall include all work and operations ordinarily performed by plumbers upon, in or about, or in connection with the construction, operation, maintenance, or repair of all water and sewer systems, drainage systems, and gas lines.

Section 3. The Levy Court of New Castle County is hereby authorized, empowered and directed to require a permit to be first secured from the Plumbing Inspector of Rural New Castle County hereinafter provided for before the performance of any work or operation specified in Section 2 hereof ; to require the registration of all plumbers authorized to do business in that part of New Castle County, State of Delaware, that is outside the city limits of the City of Wilmington and that is located within the Wilmington Metropolitan Area as defined by the U. S. Department of Commerce, before the performance of any work or operation specified in Section 2; and to fix a reasonable fee for the issuance of a permit and for registration.

Section 4. All persons, firms or corporations engaged in constructing, installing, maintaining or repairing of any equipment for heating purposes, and/or air conditioning equipment in that part of New Castle County, State of Delaware that is outside the city limits of the City of Wilmington and that is located within the Wilmington Metropolitan Area as defined by the U. S. Department of Commerce, shall register with the Inspector hereinafter provided for, or with such other person as the Levy Court of New Castle County may designate, and, after July 1, 1943, it shall be unlawful for any person to construct, install, maintain or repair any equipment for heating purposes, and/or air conditioning equipment in that part of New Castle County, State of Delaware, that is outside the city limits of the City of Wilmington and that is located within the Wilmington Metropolitan Area as defined by the U. S. Department of Commerce, until said person, firm or corporation is so duly registered. No person, firm or corporation shall construct or install any equipment for heating purposes or air conditioning equipment in that part of New Castle County, State of Delaware, that is outside the city limits of the City of Wilmington and that is located within the Wilmington Metropolitan Area as defined by the U. S. Department of Commerce, after July 1, 1943, until a permit has been issued therefor by the Inspector provided for by this Act, or some other person so designated by the Levy Court of New Castle County.

Provided, however, that nothing in this Act shall be construed to prohibit a public utility corporation from carrying out such work as it customarily performs in the normal course of its business of rendering service or installing appliances for its customers or the general public.

The Levy Court is hereby authorized, empowered and directed to fix and establish a reasonable fee for registration and for each permit issued under this section.

Section 5. The said Levy Court of New Castle County is hereby authorized, empowered and directed to adopt and promulgate suitable rules and regulations to provide for the proper inspection and supervision of all work performed or materials used or installed by any person, firm or corporation included within the provisions of this Act.

The Levy Court shall, within thirty days after the effective date of this Act, appoint a Plumbing Inspector, or such Plumbing Inspectors and Office assistants as it deems fit and proper, fix the term of office, the power and duties of such Inspector or Inspectors as it may deem fit, and advisable to secure the proper performance and obedience to any and all rules and regulations adopted pursuant to the provisions of this Act. The compensation of the Plumbing Inspector shall be set by the Levy Court plus an annual allowance for contingent expenses to be set by the Levy Court. The compensation of any assistants of the Plumbing Inspector shall be set by the said Levy Court.

Section 6. Exemptions. The provisions of this Act shall not apply to plumbing or plumbing work in or on structures necessary to the operation of farm lands, nor to properties located within any incorporated City or Town in New Castle County, nor to properties used for industrial purposes, nor to properties built by industrial concerns for the use of their employees and not for sale.

Section 7. Penalties. The owner of the building, structure, or premises where anything in violation of the rules or requirements as promulgated by the Levy Court of New Castle County, and any person, plumber, corporation, contractor, agent, or employee employed in connection therewith and who shall have participated or assisted in the commission of such violation shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding Two Hundred Dollars ($200.00) for each offense and the further sum of Ten Dollars ($10.00) for each and every day such violation continues.

Section 8. Abatement. The imposition of the penalties hereinabove prescribed shall not preclude the Attorney General from instituting appropriate actions or proceedings to prevent an illegal act, conduct, or business or use in or about any premises.

Section 9. This Act shall become effective immediately upon its approval.

Approved April 22, 1943.