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PLUMBING CODE
ORDINANCE NO. 88-2751
AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS,
AMENDING THE PLUMBING CODE OF THE CITY OF PLAINVIEW,
TEXAS, (ORDINANCE NO. 85-2587), PROHIBITING THE USE
OF ANY LEAD PIPES, SOLDER, OR FLUX IN THE INSTALLATION
OR REPAIR OF ANY PLUMBING IN A RESIDENCE OR
NON-RESIDENTIAL PLUMBING SYSTEM WHICH PROVIDES WATER
FOR HUMAN CONSUMPTION; DIRECTING THE PUBLICATION OF
THE DESCRIPTIVE CAPTION OF THIS ORDINANCE WITH
PENALTY PROVISIONS OF THE PLUMBING CODE; AND PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, in June 1986, President Ronald Reagan signed a
series of amendments to the Federal Safe Drinking Water Act which
included one amendment which required the use of lead free
materials in both installation and repair of any public water
system and any plumbing system providing water for human
consumption; and
WHEREAS, on November 9, 1987, all licensed Texas Plumbers
were notified of the new lead ban and how it impacted the plumbing
business in Texas; and
WHEREAS, the Texas Department of Health is revising its
"Rules and Regulations for Public Water Systems", which will ban
lead pipes, solder and flux in plumbing systems providing drinking
water; and
WHEREAS, the United States Environmental Protection Agency
(EPA), has adopted requirements that all public water systems
notify their customers about lead exposure and take action to
prevent lead exposure; and
WHEREAS, the City Council of the City of Plainview, Texas
has appointed the Plumbing Appeals and Advisory Board to prepare
recommendations for the City Council in regard to the Plumbing
Code; and
WHEREAS, the Plumbing Appeals and Advisory Board has
recommended that certain provisions of the Plumbing Code of the
City of Plainview, Texas be amended; and
WHEREAS, the City Council of the City of Plainview, Texas has
determined that certain provisions of the Plumbing Code must be
amended to comply with both State and Federal Regulations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Plainview, Texas:
1 of 2
434
Section 1: That Chapter 12 Materials - Quality and Weiqht,
of Ordinance No. 85-2587 known as the Plumbing Code for the City
of Plainview, Texas be amended by adding a Section 12.1.4 to be
known as Prohibited Materials and to read as follows: "The use of
lead pipes, solder, and flux is prohibited when used in the
installation or repair of any public water system or any plumbing
in a residential or non-residential water system providing water
for human consumption. This prohibition does not apply to leaded
joints necessary for the repair of cast iron pipes. For the
purpose of this prohibition the definition of "lead free" shall
mean (1) when used with respect to solder and flux it refers to
solder and flux containing not more than 0.2% lead, and (2) when
used with respect to pipes and pipe fittings it refers to pipe and
pipe fittings containing not more than 8.0% lead."
Section 2: That Chapter 19 of the Plumbing Code dealing with
water supply and distribution be amended by adding a Section
19.4.1a, known as Prohibited Materials and to read as follows,
"The use of any lead pipes, pipe fittings, solder or flux is
prohibited in any public water system or any plumbing in which
wilt provide water for human consumption." By definition "lead
free" means flux or solder containing not more than 0.2% lead and
pipe and pipe fittings containing not more than 8.0% lead.
Section 3: All former ordinances or parts thereof
conflicting or inconsistent with the provisions of this ordinance
or of the Plumbing Code, (Ordinance No. 85-2587) of the City of
Plainview, Texas, are hereby appealed.
Section 4: The City Secretary is hereby authorized and
directed to call for the publication of the descriptive caption of
this ordinance together with the penalty provisions of the
Plumbing Code, of the City of Plainview, Texas, 1985 Edition, as
amended. This ordinance shall become effective after its passage
and publication is required by law.
PASSED AND APPROVED ON FIRST READING ON THIS THE 10TH DAY OF
MAY, 1988.
PASSED AND APPROVED ON
MAY, 1988.
CARLA REESE, City Secretary
SECOND READING~ONTFnIS~,/U,~/// THE 24TH DAY OF
E.V. RIDLEHUBER, ~or
APPROVED AS TO CONTENT:
MIKE MCDONO~G~H, Director of Mu%~icipal Services
DAV~A~B~RN, A.~sistant City Attorney
2of ~
PLUMBING CODE
ORDINANCE NO. 88-2751
Whereas, the City Council of the City of Plainview, Texas did
on May 24, 1988, at a Regular Session of the said City Council
pass and adopt Ordinance No. 88-2751 on second and final reading.
The descriptive caption and penalty of said Ordinance are as
follows:
435
AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS,
AMENDING THE PLUMBING CODE OF THE CITY OF ~ PLAINVIEW,
TEXAS, (ORDINANCE NO. 85-2587), PROHIBITING THE U~E
OF ANY LEAD PIPES, SOLDER, OR FLUX IN THE INSTALLATION
OR REPAIR OF ANY PLUMBING IN A RESIDENCE OR
NON-RESIDENTIAL PLUMBING SYSTEM WHICH PROVIDES WATER
FOR HUMAN CONSUMPTION; DIRECTING THE PUBLICATION OF
THE DESCRIPTIVE CAPTION OF THIS ORDINANCE WITH
PENALTY PROVISIONS OF THE PLUMBING CODE; AND PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
Penalties
The penalties for the violation of this Ordinance are as
follows: Any person, either by himself or agent, and any firm,
corporation or other entity who violates any of the provisions of
this Code shall be deemed guilty of a misdemeanor and, upon
conviction of any such violation shall be fined any sum and not
to exceed one thousand dollars ($1,000); and each day during
which such violation continues shall constitute a separate
distinct offense. In any case the violation of any of the terms
or provisions of this ordinance by any corporation shall be
subject to the penalties herein 'provided. Any offense defined
herein which has been defined by law of the State of Texas as an
offense for which penalty has been prescribed shall be punished as
provided in said State Law, and nothing herein shall be as
fixing any penalty contrary to the penalty provided by-the laws of
the State of Texas.
~.V. Ridlehuber, May~r
ATTEST:
Carla Reese, City Secretary
PLUMBING CODE
ORDINANCE NO. 88-2751
Whereas, the City Council of the City of Plainview, Texas did
on May 24, 1988, at a Regular Session of the said City Council
pass and adopt Ordinance No. 88=2751 on second and final reading.
The descriptive caption and penalty of said Ordinance are as
follows:
436
AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS,
AMENDING THE PLUMBING CODE OF THE CITY OF PLAINVIEW,
TEXAS, (ORDINANCE NO. 85-2587), PROHIBITING THE USE
OF ANY LEAD PIPES, SOLDER, OR FLUX IN THE INSTALLATION
OR REPAIR OF ANY PLUMBING IN A RESIDENCE ~OR
NON-RESIDENTIAL PLUMBING SYSTEM WHICH PROVIDES WATER
FOR HUMAN CONSUMPTION; DIRECTING THE PUBLICATION OF
THE DESCRIPTIVE CAPTION OF THIS ORDINANCE WITH
PENALTY PROVISIONS OF THE PLUMBING CODE; AND PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
Penalties
The penalties for the violation of this Ordinance are as
follows: Any person, either by himself or agent, and any firm,
corporation or other entity who violates any of the provisions of
this Code shall be deemed guilty of a misdemeanor and, upon
conviction of any sUch violation shall be fined any sum and not
to exceed one thousand dollars ($1,000); and each day during
which such violation continues shall constitute a separate
distinct offense. In any case the violation of any of the terms
or provisions of this ordinance by any corporation shall be
subject to the penalties herein provided. Any offense defined
herein which has been defined by law of the State of Texas as an
offense for which penalty has been prescribed shall be punished as
provided in said State Law, and nothing herein shall be as
fixing any penalty contrary to the penalty provided by the laws of
the State of Texas.
ATTEST:
Carla Reese, City Secretary