4455 Delaware Regulations Governing a Detailed Plumbing Code

Delaware General Assembly : Delaware Regulations : Administrative Code : Title 16 : Department of Health and Social Services : Division of Public Health : Health Systems Protection (HSP)

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4400 Health Systems Protection

4455 Delaware Regulations Governing a Detailed Plumbing Code

1.0 State of Delaware Plumbing Code

The Delaware Division of Public Health shall hereby adopt the 2021 International Plumbing Code with following amendments. The code shall be known as the "2021 State of Delaware Plumbing Code". Every political subdivision within the State, including county, city, or municipal governments, shall enforce the International Plumbing Code (IPC) as adopted or modified by the Division of Public Health. Local jurisdictions may have additional water, wastewater and administrative requirements that are not part of this code. The 2021 IPC is available at ICCSAFE.ORG. The Delaware amendments are available at:

http://regulations.delaware.gov/AdminCode/title16/Department%20of%20Health%20and%20Social%20Services/Division%20of%20Public%20Health/Health%20Systems%20Protection%20(HSP)/4455.shtml

Plumbing program information and documents are available at:

http://www.dhss.delaware.gov/dhss/dph/hsp/plumbing.html

2.0 Adoption of International Plumbing Code

The State of Delaware Plumbing Code adopts, as if fully set forth herein, "The International Plumbing Code 2021" as amended herein:

2.1 Amend Subsection 101.1 by inserting "The 2018 Delaware Plumbing Code" in NAME OF JURISDICTION.

2.2 Amend Subsection 101.2 by deleting the subsection in its entirety and by inserting in lieu thereof the following: "The provisions of this Code shall apply to the erection, installation, alteration, repair, and relocation, and replacement, addition to, use or maintenance of plumbing systems within the State of Delaware."

2.3 Amend Subsection 102.2 by deleting the subsection in its entirety and by inserting in lieu thereof the following: "The legal use and occupancy of any structure existing on the effective date of this Code, or for which it had been heretofore approved, may be continued without change.

Exception: Upon change of permit holder in facilities and operations regulated by the Delaware Division of Public Health such systems shall comply with the requirements of this Code and applicable regulations promulgated and standards established by the Delaware Division of Public Health."

2.4 Add new Subsection 102.8.3 to read "ICC codes referenced in the Delaware Plumbing Code shall be enforced by jurisdictions adopting said codes."

2.5 Amend Subsection 106.1 by adding a new sentence at the end of the paragraph to read as follows: "The Division of Public Health shall issue plumbing permits and a $100 fee shall be assessed for all plumbing permits issued by the Division of Public Health. Apartments and condominiums shall be charged $100.00 per each individual unit. Local jurisdictions set their own fee schedule. A $50.00 re-inspection fee is charged to any job requiring more than 3 inspections, which will be implemented six months after the effective date of this regulation. Commercial permit applications require an approval to construct document from the Division of Public Health prior to the issuance of plumbing permits unless otherwise waived by the code official or plan review office in accordance with subsection 106.3.1."

2.5.1 Amend Subsection 106.2 by adding thereto three new numbered paragraphs following numbered paragraph "2" to read as follows: "3. No permit or fee is required by the Division of Public Health for the replacement of an existing fixture, piece of equipment or related piping, including but not limited to hot water heaters and water conditioning systems. 4. The relocation of any plumbing fixture and related pipe requires a permit. 5. Any new fixture, piece of equipment, backflow prevention assembly or system that connects to the potable water supply shall require a permit and shall meet the provisions of this Code."

2.5.2 Amend Subsection 106.5.3 by deleting this subsection in its entirety and replacing it with the following: "No permit shall be issued by the Division of Public Health for the same work on an active permit without cause unless the permit holder relinquishes said permit or the permit expires or there is no work on the permit for a period exceeding 6 months or otherwise is canceled by the code official for cause. An active permit issued by the Division of Public Health is valid for 1 year".

2.5.3 Amend Subsection 106.6.3 by adding thereto a new numbered paragraph following paragraph "3" to read as follows: "4. The Division of Public Health does not refund plumbing permit fees."

2.6 Amend Subsection 107.2 by adding the following: "4. The Division of Public Health has 3 working days to respond to an inspection request."

2.6.1 Amend Subsection 107.2 by adding the following: "4. Each permit is allowed 3 inspections, including improper work, incomplete work, and inaccessible installations. Subsequent re-inspections are charged a $50.00 fee for service by the Delaware Division of Public Health, which will be implemented six months after the effective date of this regulation. Local jurisdictions have their own fee schedules. Reinspection fees are due in 30 days. New permits will not be issued if reinspection fees are not paid in 30 days."

2.7 Amend Subsection 108.1 by deleting the subsection in its entirety and by inserting in lieu thereof the following: "It shall be unlawful for any person to work as a master plumber in the State of Delaware unless such person has received a license from the Delaware Department of State, Division of Professional Regulation, showing that said person has been duly licensed as a master plumber, except as provided by Title 24, Section 1807(c) of the Delaware Code, and has a permit issued by the Delaware Division of Public Health or local jurisdiction. Master Plumbers shall display their DE master plumber license number on all company vehicles. The lettering shall be 3 inches high and shall be of a contrasting color of the vehicle to which it is affixed.

Exception: The homeowner of a single-family residence occupied, or to be occupied by the homeowner for not less than 1 year and not for sale, rent or lease, may perform plumbing work only on such residence itself or auxiliary structures, and in compliance with a permit issued by the Delaware Division of Public Health, or applicable authority, and in compliance with all provisions of these regulations."

2.7.1 Amend Subsection 108.2 by adding the following: 1. Underground plumbing covered before an inspection takes place must be uncovered unless compliance may otherwise be determined. 2. Rough-in plumbing covered before an inspection takes place will have to be uncovered unless compliance may otherwise be determined. 3. An inspection request for final inspection only must accompany a record of underground and rough-in inspections unless otherwise approved.

2.8 Amend Subsection 108.4 by deleting the subsection in its entirety and by inserting in lieu thereof the following: "Any person who shall violate any provisions of this Code, or shall fail to comply with the requirements thereof, or who shall install plumbing work in violation of an approved plan or directive of the Code Official or the plumbing inspector(s), or of a permit or certificate issued under the provisions of this Code, shall be subject to penalties as provided by Title 16, Chapter 79 of the Delaware Code or penalties of the local jurisdiction."

2.8.1 Amend Subsection 108.5 by deleting the words: "shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars" as it appears therein and inserting in lieu thereof the following: "shall be subject to penalties as provided by Title 16, Chapters 1 and 79 of the Delaware Code or penalties of the local jurisdiction."

2.9 Amend Section 109 by deleting the section in its entirety and replacing it with the following: "Any person shall have the right to appeal a decision of the code official to the Division of Public Health in accordance to law or to the local jurisdiction where a permit is issued."

2.10 Section 202 General Definitions

2.10.1 Amend Section 202 by adding thereto a new definition after the definition "Manifold" to read as follows: "Master Plumber. A person who has complied with the provisions of the Delaware Division of Professional Regulation and the Board of Plumbing Examiners, and has further met the certification, testing, bonding, and licensing requirements of the jurisdiction in which he/she plans to engage in the business of plumbing. A master plumber shall be recognized as being responsible for all work performed under a plumbing permit issued by the Delaware Division of Public Health or local jurisdiction."

2.10.2 Amend Section 202 by adding a new definition after the definition of approved agency to read as follows: "Approved heat transfer fitting. A metal threaded fitting that transitions between the relief valve and the relief valve discharge pipe that is listed in table 605.4."

2.10.3 Amend Section 202 by adding thereto a new definition after the definition "Soil Pipe" and before the definition "Spill proof Vacuum Breaker" to read as follows: "Solvent cement. The sealant used to connect pipes and fittings. This Code prohibits the use of all-purpose glue in any reference to solvent cement unless it conforms to the required ASTM standards."

2.10.4 Amend Section 202 by adding thereto a new definition after the definition "Sump Vent" and before the definition "Supports" to read as follows: "Supervision of Work. Work completed under the permit of a master plumber while employed by the master plumber, or the same firm, partnership, corporation, or owners of the company as the master plumber."

2.10.5 Amend Section 202 by amending the definition of "Building Drain" by deleting the phrase "30 inches (762 mm)" and replacing it with the words "5 feet".

2.10.6 Amend Section 202 by adding "The Director of the Delaware Division of Public Health or their designee" to the definition of “Code Official”.

2.11 Amend Subsection 305.4.1 by deleting the subsection in its entirety.

2.12 Amend Section 312 by adding thereto a new subsection 312.5.1 to read as follows: "In lieu of the presence of the plumbing inspector witnessing the test, the master plumber may certify in writing upon a prescribed form that the plumbing system piping is in accordance with Section 312 of these regulations. Local jurisdictions may require the test to be witnessed by the plumbing inspector."

2.12.1 Amend Subsection 312.5 by adding the following: "The Division of Public Health may utilize self-certification forms for inspections and fixtures."

2.12.2 Amend Subsection 312.10.2 by adding a new sentence after the last sentence to read: "The Division of Public Health Plumbing Program inspects initial installations of a backflow assembly but does not conduct, track, or enforce subsequent tests or inspections. Local jurisdictions may have additional requirements. Owners of backflow assemblies are required to test backflow assemblies at least annually and must make testing certifications available or provide through an asse certified vendor upon request of the Division of Public Health or local jurisdiction.

2.13 Amend Table 403.1 by deleting subscript e and replacing it with the following: "Mercantile occupancies in malls must have at least one service sink within 300 ft."; and by deleting subscript f and replacing it with the following: "Public pool plumbing fixtures are regulated by the Delaware Regulations Governing Public Pools."

2.13.1 Amend Table 403.1.2 by replacing the word "sex" with the word "gender" in the first paragraph.

2.14 Amend Subsection 404.1 by deleting the subsection in its entirety and by inserting in lieu thereof the following: "All regulations pertaining to handicapped facilities in the International Plumbing Code will be governed by the most recent edition of the "American National Standards Institute (ANSI) and the minimum requirements of the International Building Code. The ANSI plumbing requirements are included in Resource A in the IPC as part of this code."

2.15 Amend Subsection 405.3.1 by adding an exception to read as follows: "Exception: Lavatories in residential occupancies shall not be required to be 15 inches from the center of the lavatory to any side wall. This does not supersede accessibility requirements."

2.15.1 Amend Subsection 403.1.1 by deleting Exception #2 reference to multi-user facilities designed to serve all genders.

2.16 Amend Subsection 502.1 by adding thereto after the last sentence the following: "The first 12 inches of both hot and cold water lines from the water heater shall be metallic material or a material approved by the plumbing inspector."

2.17 Amend Subsection 504.6 by adding thereto a new numbered paragraph after numbered paragraph "13" to read as follows: "14. The relief valve shall be equipped with an approved heat transfer fitting and approved discharge piping or be metallic pipe."

2.17.1 Amend Subsection 504.6 By deleting # 14.

2.18 Amend Sections 602 and 610 to state "The Delaware Division of Public Health Plumbing Permit and Inspection Program does not test drinking water." at the end of each section.

2.19 Amend Table 605.3 by deleting in the parenthetical in the fifth row, first column after the words "Copper or copper-alloy tubing" the letters "M" and "WM".

2.20 Amend Table 605.4 by deleting in the parenthetical in the fourth row, first column after the words "Copper or copper-alloy tubing" the letters "M" and "WM".

2.20.1 Amend Subsection 605.15.2 by adding thereto after the words "above or below ground" the following sentence: "The use of all-purpose glue is prohibited unless it contains the specific ASTM certification for the utilized pipe and fittings."

2.21 Amend Subsection 607.3 by adding thereto the following after the last sentence: "All public water installations shall be required to have an expansion tank on storage water heaters installed between the water heater shut off valve and the water heater on the cold side."

2.22 Amend Subsection 608.3 by adding thereto a new subsection after subsection 608.3.1 to read: "608.3.2 Special equipment, water supply protection. There shall be sufficient space around special equipment for accessibility."

2.23 Amend Subsection 608.17.4 to add: "Fire sprinklers in 1 and 2 family dwelling units connected to the potable water system shall be regulated by The New Home Buyer's Fire Protection act, Title 6 Chapter 36 of Delaware code, requirements of local jurisdictions and requirements from the Delaware State Fire Marshal's office. Combined domestic and fire sprinkler systems in 1 and 2 family home systems shall utilize potable water piping and not require backflow protection to separate the fire sprinkler system from the potable water distribution system unless it is connected to a fire department connection or contains antifreeze in accordance with NFPA 13-D. The Division of Public Health does not approve the design of fire protection systems."

2.24 Amend Section 704 to add a new subsection 704.5 to read "Plumbing in structures with basements shall have a future vent that runs below the joist and is labeled future vent."

2.25 Amend Subsection 705.10.2 by deleting the exception.

2.26 Amend Subsection 712.3.5 by deleting the phrase "10 pipe diameters" in the last sentence and replacing it with the following phrase: "The waste line from sewage crock injector pump shall be the last connection leaving before the drain line goes through the foundation."

2.27 Amend Subsection 903.1 by adding: "12 inches above the roof."

2.28 Amend Subsection 903.2 by adding thereto after the first sentence the following sentence: "The stack shall be no less than 2 inches in diameter."

2.29 Amend Subsection 904.3 by deleting the words "or to a stack-type air admittance valve in accordance with Section 918.

2.30 Amend Subsection 918.1 by adding thereto after the last sentence the following: "The use of air admittance valves in lieu of standard vents shall be approved by the plumbing inspector prior to use or installation."

2.31 Amend Section 919 by deleting the section in its entirety.

2.32 Amend Section 920 by deleting the section in its entirety.

2.33 Amend Subsection 1101.1 by adding "The Delaware Division of Public Health Plumbing Program does not enforce the provisions of this chapter."

2.34 Amend Chapter 12 by adding "The Delaware Division of Public Health does not enforce the provisions of this chapter."

3.0 Miscellaneous Provisions for the DE Division of Public Health

3.1 Procedures for License. Every person desiring to register as a master plumber engaged in the business of plumbing in the State of Delaware shall file an application with the Delaware Division of Professional Regulation.

3.2 Permission for a variance. Upon receipt of a written application for a variance, the Code Official may recommend granting written permission to vary from particular provisions set forth in these Regulations, when the extent of the variation is clearly specified and it is documented to the satisfaction of the Secretary of the Delaware Department of Health and Social Services or his/her appointed designee's that:

3.2.1 Such variation is necessary to obtain a beneficial use of an existing facility;

3.2.2 The variation is necessary to prevent a practical difficulty or unnecessary hardship; and

3.2.3 Appropriate alternative measures have been taken to protect the health and safety of the public and assure that the purpose of the provisions from which the variation is sought will be observed.

3.3 Time for recommendation. Within thirty (30) business days of the receipt of a written application for a variance, the Code Official shall recommend either: granting the variance, denying the variance or requesting further information from the applicant.

3.4 Appeal of denial. If the applicant has been denied a variance upon the recommendation of the Code Official, the applicant may appeal the decision by filing a written Notice of Appeal to the Secretary of the Delaware Department of Health and Social Services, or his/her designee.