Vermont Statutes Title 26 Sec. 2173
Terms Used In Vermont Statutes Title 26 Sec. 2173
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Board: means the Plumber's Examining Board created under this chapter. See
- Commissioner: means the Commissioner of Public Safety. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- State plumbing inspector: means a master plumber or duly qualified employee of the Department designated to enforce the rules and regulations pursuant to this chapter. See
- Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
- Village: shall mean an incorporated village. See
§ 2173. Rules adopted by the Board
(a) The Plumber’s Examining Board may, pursuant to the Administrative Procedure Act, make and revise such plumbing rules as necessary for protection of the public health, except that no rule of the Board may require the installation or maintenance of a water heater at a minimum temperature. To the extent that a rule of the Board conflicts with this subsection or with 18 Vt. Stat. Ann. chapter 40, that rule shall be invalid and unenforceable. The rules shall be in effect in every city, village, and town having a public water system or public sewerage system and apply to all premises connected to the systems and all public buildings containing plumbing or water treatment and heating specialties whether they are connected to a public water or sewerage system. The local board of health and the Commissioner of Public Safety shall each have authority to enforce these rules. The rules shall be limited to minimum performance standards reasonably necessary for the protection of the public against accepted health hazards and shall be consistent with any minimum efficiency standards for plumbing fixtures adopted under 9 Vt. Stat. Ann. chapter 74. The Board may, if it finds it practicable to do so, adopt the provisions of a nationally recognized plumbing code and as needed shall adopt a Vermont-specific amendment to the adopted code to ensure that it is consistent with any minimum efficiency standards for plumbing fixtures adopted under 9 Vt. Stat. Ann. chapter 74.
(b) The Commissioner shall make rules and adopt procedures and priorities for inspections and enforcement. Installations regulated by the Board shall be inspected by a State plumbing inspector. The Commissioner may set priorities based on consideration of health risks to persons and property, type and size of the building, and the complexity and size of the installation or job.
(c) The Commissioner or any State plumbing inspector designated by the Commissioner shall have the authority to enter any premises in which an installation subject to the rules of the Board is being or has been installed, replaced, or repaired for the purpose of performing inspections necessary to carry out inspection responsibilities under this subchapter. If the owner or occupant of the premises refuses entry, the Commissioner may apply to any Superior Court to issue an order enforcing the right of entry. (Added 1959, No. 215, § 3, eff. June 2, 1959; amended 1979, No. 122 (Adj. Sess.), § 1; 1987, No. 268 (Adj. Sess.), § 6, eff. June 21, 1988; 1993, No. 176 (Adj. Sess.), § 3; 2005, No. 8, § 11, eff. April 25, 2005; 2007, No. 92 (Adj. Sess.), § 10a; 2017, No. 127 (Adj. Sess.), § 2; 2017, No. 139 (Adj. Sess.), § 7.)