Vermont Statutes Title 26 Sec. 2174
Terms Used In Vermont Statutes Title 26 Sec. 2174
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the Plumber's Examining Board created under this chapter. See
- Commissioner: means the Commissioner of Public Safety. See
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Legislative body: means the selectboard, the alderboard, city council, or board of trustees of a municipality or an incorporated village. See
- Municipal inspector: means a plumbing inspector authorized to conduct municipal inspections pursuant to this chapter. See
- Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. 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
§ 2174. Municipal rules and regulations; municipal inspections
(a) The legislative body may establish inspection procedures and appoint trained, qualified master plumbers to conduct municipal inspections. If the Board determines that the inspection procedures, training, and qualifications of the municipal plumbing inspectors are sufficient, the Commissioner may assign the responsibility to inspect plumbing installations within the municipality to the municipality. Municipal inspection standards shall be, at a minimum, equal to State standards. Municipal standards may exceed State standards with approval of the Board. Municipal standards shall not prohibit implementation of 18 Vt. Stat. Ann. chapter 40. An assignment of responsibility under this subsection shall not affect the authority of the Board or the Commissioner under this subchapter.
(b) Inspection procedures, including the issuance of work notices, shall be the same as for State plumbing inspections. A municipal inspector shall have the authority to enter a premises to carry out inspection responsibilities in accordance with the rules and procedures established by the Board. The legislative body may also establish reasonable fees for inspections, which shall be in lieu of fees charged by the State.
(c) If, after inspection of the plumbing installation, a violation of the rules of the Board or the inspection procedures of the municipality is found, a municipal inspector may:
(1) Issue an order directing the plumber of record or the owner of the premises in which the violation is found to correct or remove the violation.
(2) Invalidate the work permit.
(3) Pursue disciplinary procedures under section 2178 of this chapter.
(d) A person aggrieved by an action of a municipal inspector or municipality under subsection (c) of this section may appeal to the Commissioner by filing a written application for a hearing with the Commissioner within 15 days after receiving written notice of the action. A person filing an application under this subsection shall be entitled to notice and an opportunity for a hearing before the Commissioner within 45 days. Within 30 days after the hearing, the Commissioner shall issue an order amending, modifying, or affirming the action by the municipal inspector or municipality.
(e) Municipal inspectors shall participate in training provided by the Department of Public Safety. The Department of Public Safety shall also provide continuing consultation, review, and assistance to municipal inspectors.
(f) The Commissioner or the Board may revoke an assignment of responsibility to a municipality granted under this section if the Commissioner or the Board determines that the training or qualifications of the municipal inspectors or the inspection procedure adopted by the legislative body is insufficient. (Added 1959, No. 215, § 4, eff. June 2, 1959; amended 1967, No. 295 (Adj. Sess.), § 7, eff. March 20, 1968; 1979, No. 122 (Adj. Sess.), § 2; 1987, No. 268 (Adj. Sess.), § 7, eff. June 21, 1988; 1993, No. 176 (Adj. Sess.), § 4; 2005, No. 8, § 12, eff. April 25, 2005; 2017, No. 127 (Adj. Sess.), § 3.)