DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Public Health

Statutory Authority: 16 Delaware Code, Section 122(3)c & 7906 (16 Del.C. §122)(3)c, §7906)

16 DE. Admin. Code 4469

PUBLIC NOTICE

PROPOSED

4469 Regulations Governing a Detailed Plumbing Code

Nature of the Proceedings

Pursuant to 16 Delaware Code, Sections 122 and 7906, the Department of Health and Social Services is proposing to rescind the current “State of Delaware Regulations Governing a Detailed Plumbing Code” previously adopted on May 11, 2001, and replace it with an updated version incorporating the 2003 International Plumbing Code.

Notice of Public Hearing

The Health Systems Protection Section, Division of Public Health, Department of Health and Social Services will hold a public hearing to discuss the proposed Regulations Governing a Detailed Plumbing Code. The public hearing will be held on September 21, 2005 at 10:00 a.m. in the Third Floor Conference Room of the Jesse Cooper Building, 417 Federal Street, Dover, Delaware.

Copies of the proposed regulations are available for review by calling the following locations:

Environmental Health Field Services

Kent County Sussex County

805 River Road 544 South Bedford Street

Dover, DE 19901 Georgetown, DE 19947

Telephone: (302) 739-5305 Telephone: (302) 856-5496

Anyone wishing to present his or her oral comments at this hearing should contact David Walton at (302) 744-4700 by September 20, 2005. Anyone wishing to submit written comments as a supplement to or in lieu of oral testimony should submit such comments by September 30, 2005 to:

David P. Walton, Hearing Officer

Division of Public Health

417 Federal Street

Dover, Delaware 19901

Fax # (302) 739-6659

STATE OF DELAWARE

REGULATIONS GOVERNING A DETAILED PLUMBING CODE

2000 International Plumbing Code

These regulations were adopted April 17, 1978, effective August 1, 1978; amended December 19,1983, effective February 1, 1984; amended April 26, 1991; amended February 19, 1992; amended May 11, 1995; amended January 11, 1998; amended May 11, 2001 by the Secretary, Delaware Health and Social Services, in conformance within Chapter 79, Section 7906 and Chapter 1, Section 122(3)(e), Title 16, Delaware Code, and supersedes regulations previously adopted by the Delaware State Board of Health and the Secretary, Delaware Health and Social Services. These Regulations shall be effective May 11, 2001.

SECTION 110.0 - ADOPTION:

That certain document entitled, “The International Plumbing Code/2000” is made a part hereof and the supplements therein include, identified as “Section 111.0., Additions, Deletions, Amendments and Clarifications,” are hereby adopted as the “State of Delaware Regulations Governing A Detailed Plumbing Code.” NOTE: The Amendments have been numbered to identify specific changes in the International Plumbing Code/2000.

SECTION 111.0 - ADDITIONS, DELETIONS, AMENDMENTS, and CLARIFICATIONS:

SECTION 111.1- TITLE - SECTION 101.1: is amended to read as follows:

These Regulations shall be known as the “State of Delaware Regulations Governing A Detailed Plumbing Code hereinafter referred to as ‘this Code”.

SECTION 111.2 – SCOPE - SECTION - 101.2: is amended to delete the last sentence.

SECTION 111.3 - EXISTING INSTALLATIONS - SECTION - 102.2: is amended to read as follows:

The legal use and occupancy of any structure existing on July 1, 2000, or for which it had been heretofore approved, may be continued without change except as may be specifically covered in this Code or deemed necessary by the Deputy Code Official(s) for the general safety and welfare of the occupants and the public.

Exception:

Except that 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.

SECTION 111.4 DUTIES AND POWERS OF THE CODE OFFICIAL AND PLUMBING INSPECTORS - SECTION 104.1: is amended to add the following sentence:

For the purpose of this document “Code Official” refers to the Secretary, Delaware Health and Social Services, or their designee. “Plumbing Inspectors” shall have such duties and powers as are enumerated in Title 16, Delaware Code, Section 7907 and shall have the authority of a Deputy Code Official as referenced in Section 103.3 of this Code.

SECTION 111.5 UNLAWFUL ACTS - SECTION 108.1: is amended to read:

It shall be unlawful for any person to work as a licensed plumber in the State of Delaware unless such person has received a license from the Delaware Department of Administrative Services, Division of Professional Regulation, showing that said person has been duly licensed as a plumber, except as provided by 24 Delaware Code 1813, and has a permit issued by the Division of Public Health.

Exception

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

SECTION 111.6 - VIOLATION AND PENALTIES - SECTION 108.4: is amended to read:

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 Deputy Code Official(s), or of a permit or certificate issued under the provisions of this Code, shall be subject to penalties as provided by Chapter 79, Title 16, Delaware Code.

SECTION 111.7 – STOP WORK ORDERS - SECTION 108.5: is amended by deleting the language “shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT]” and by adding:

shall be subject to penalties as provided by Chapter 79, Title 16, Delaware Code.

SECTION 111.8 - GENERAL DEFINITIONS - SECTION 202: is amended by adding the following definitions:

Licensed Plumber: The term “Licensed Plumber” shall mean a person who has complied with the provisions of the 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. The Licensed Plumber shall be recognized as being responsible for all work performed under a plumbing permit issued by the Division of Public Health.

Supervision of Work: For the purposes of these regulations, supervision of work shall be defined as work completed under the permit of a licensed plumber while employed by the licensed plumber, or the same firm, partnership, corporation, or owners of the company as the licensed plumber.”

SECTION – 111.9 SEWER DEPTH - SECTION 305.6.1: is deleted in its entirety.

SECTION – 111.10 REQUIRED TESTS - SECTION 312.1: is amended by adding the following sentence at the end thereof:

In lieu of the presence of the deputy code official witnessing the test, the Licensed Plumber may certify in writing upon a prescribed form, that the plumbing system piping is in accordance with Section 312 of the regulations.

SECTION 111.11 - ACCESSIBLE PLUMBING FACILITIES - SECTION 404.1: is amended by 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).

SECTION 111.12 – INSTALLATION - SECTION 502.1: is amended by adding the following sentence at the end thereof:

The first 12 inches of both hot and cold water lines shall be thermally rated for the maximum water temperature produced by the hot water heater.

SECTION 111.13 – SAFETY DEVICES - SECTION 504.6.2: is amended by deleting the existing language and adding the following:

The discharge valve shall be equipped with an approved heat transfer fitting or metallic pipe.

SECTION 111.14 - TABLE 605.4 & 605.5: are amended by deleting the letters “M” and “WM” from copper tubing.

SECTION 111.15 – MATERIALS, JOINTS AND CONNECTIONS - SECTION 605.16.2: is amended by the adding the following sentence at the end thereof:

The use of all purpose glue is prohibited.

SECTION 111.16 - STANDPIPES - SECTION 802.4: is amended by adding the following sentence at the end thereof:

The top of standpipes shall be 42 inches (1066mm) above the finished floor.

SECTION 111.17 - MAIN VENT REQUIRED- SECTION 903.1: is deleted in its entirety and following is inserted in lieu of:

Every sanitary drainage system receiving the discharge of a sanitary fixture shall have a main vent three (3) inches in diameter.

SECTION 111.18 - PROCEDURES FOR LICENSE:

Every person desiring to register as a plumber engaged in the business of plumbing in the State of Delaware shall file an application with the Division of Professional Regulation, 861 Silver Lake Blvd., Dover, DE 19904.

SECTION 111.19 - VARIANCES: is amended by adding the following to read as follows:

Upon receipt of written application for a variance, the Deputy Code Official may:

(a) From time to time recommend granting written permission to vary from particular provisions set forth in this Regulation, when the extent of the variation is clearly specified and it is documented to the Secretary, Health and Social Services, or his/her appointed designee’s satisfaction that:

(1) Such variation is necessary to obtain a beneficial use of an existing facility, and:

(2) The variation is necessary to prevent a practical difficulty or unnecessary hardship; and

(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.

(b) Within thirty (30) business days of the receipt of a written application for a variance, the Deputy Code Official shall recommend either granting the variance, or denying the variance or will request further information from the applicant.

(c) If the applicant has been denied a variance upon the recommendation of the Deputy Code Official, the applicant may appeal the decision by filing a written Notice of Appeal to the Secretary, Health and Social Services, or his/her designee, Division of Public Health, P.O. Box 637, Dover, Delaware 19903.

SECTION 111.20 – AIR ADMITTANCE VALVES – SECTION 917.1: is amended by adding the following sentence at the end of paragraph 917.1:

Air admittance valves must be approved by the Deputy Code Official prior to use or installation.

SECTION 111.21 – COMPUTERIZED VENT DESIGN - SECTION 919: is deleted in its entirety.

SECTION 111.22 – INTERCEPTORS AND SEPARATORS – SECTION 1003.3.4: is amended by adding the following to the end:

,or, be otherwise approved by the Code Official.

SECTION 111.23 – FUEL PIPING – SECTION 1201: is deleted in its entirety.

SECTION 111.24 – SPECIAL PIPING AND STORAGE SYSTEMS – SECTIONS 1202 - 1203: is deleted in its entirety and replaced with the following:

PLUMBING REQUIREMENTS

IN FOOD ESTABLISHMENT KITCHENS

I. HANDSINK

A. This fixture, when located in food preparation, food dispensing, beverage dispensing (including bar service area), food storage and warewashing areas, must be certified or classified under an approved industry standard for food equipment, such as the National Sanitation Foundation (NSF) International, Environmental Testing Lab (ETL), Underwriter's Laboratory (UL) for Sanitation, Baking Industry Sanitation Standards Committee (BISSC), or equivalent.

B. A separate, single-compartment handwashing sink is REQUIRED in food preparation, food dispensing, and warewashing areas; and in, or immediately adjacent to, toilet rooms. Handsinks shall be installed within 25 travel feet within a direct line access of each primary work location.

C. A minimum hot water temperature of 110 F, delivered through a mixing valve or combination faucet, is REQUIRED.

D. If installed, self-closing, slow-closing, or metering faucets shall provide a flow of water for at least 15 seconds without the need to reactivate the faucet.

E. A handwashing sink may not be used for any other purpose.

F. An indirect drainline connection is not required.

G. Connection to a grease trap is not required.

II. FOOD PREPARATION SINK

A. Any sink in which food is washed or thawed under running water must be certified or classified under an approved industry standard for food equipment, such as NSF International, ETL, UL for Sanitation, BISSC, or equivalent. B. A food preparation sink may not be used for disposal of mop water or similar liquid wastes.

C. An indirect drainline connection through an air-gap is REQUIRED.

D. Connection to properly sized grease trap is REQUIRED.

III. SERVICE SINK (for use as janitorial sink, utility sink or mop sink)

A. Wherever practical, install this fixture outside of the food preparation, food dispensing, food storage and warewashing areas.

B. This fixture, when located in food preparation, food dispensing, food storage and warewashing areas, must be certified or classified under an approved industry standard for food equipment, such as NSF International, ETL, UL for Sanitation, BISSC, or equivalent.

C. A minimum of one service sink or receptor is REQUIRED on each floor level of food operations. This fixture may be a sink or a curbed receptor.

D. An indirect drainline connection is not required.

E. Connection to a grease trap not required.

IV. WAREWASHING SINK

A. This fixture must be certified or classified under an approved industry standard for food equipment, such as NSF International, ETL, UL for Sanitation or equivalent.

B. A sink of at least three separate compartments shall be provided for manually washing, rinsing and sanitizing equipment and utensils. Each sink compartment shall be large enough to accommodate the immersion of the largest equipment item or utensil.

C. A warewashing sink may not be used for handwashing or disposal of liquid wastes.

D. An indirect drainline connection is not required, unless this fixture is used for food preparation. (See paragraph IV.F. below for alternative use provision.)

E. Connection to a properly sized grease trap is REQUIRED.

F. Provision for alternative use of warewashing sink:

** If the warewashing sink will be used for washing or thawing food, a separate drainline connection from each sink compartment through an air-gap into a floor sink is REQUIRED. The installation of a properly sized grease trap downstream of the floor sink is REQUIRED. The alternative use of a warewashing sink for food preparation requires prior approval from the Division of Public Health.

V. PRE-WASH SINK

A. This fixture must be certified or classified under an approved industry standard for food equipment, such as NSF International, ETL, UL for Sanitation or equivalent.

B. An indirect drainline connection is not required.

C. Connection to a properly sized grease trap is REQUIRED.

D. If a food waste grinder is installed on this fixture, the grease trap must be designed and rated for such application, or a solids interceptor is required upstream of the grease trap.

VI. MECHANICAL WAREWASHER

A. This equipment must be certified or classified under an approved industry standard for food equipment, such as NSF International, ETL, UL for Sanitation or equivalent.

B. An indirect drainline connection through an air-gap is REQUIRED.

(See paragraph VI.D below for alternative installation provision.)

C. Connection to a grease trap is NOT APPROVED, as elevated water temperatures, higher pressures and detergents have the capability of holding grease in suspension, which may then pass through and reduce the efficiency of the grease trap.

D. Provision for alternative installation of mechanical warewasher:

If approved by the Division of Public Health, a direct drainline connection may be installed if the machine wastewater outlet is located within five feet (5 ft) of a properly trapped vented floor drain and the machine outlet is connected to the inlet side of the same properly vented floor drain trap.

VII. GREASE TRAP

A. Grease trap must be sized in accordance with PDI standard G101.

B. Grease trap connection to all fixtures that discharge grease-laden waste, including warewashing sinks, food prep sinks, pre-wash sinks for warewashing equipment, woks and other cooking equipment is REQUIRED.

In kitchens where trench drains or trough drains receive liquid waste from cooking equipment such as kettles or skillets, an indirect drainline connection from the equipment to a properly sized grease trap is REQUIRED.

C. Provision for alternative use of warewashing sink:

** If the warewashing sink will be used for washing or thawing food, a separate drainline connection from each sink compartment through an air-gap into a floor sink is REQUIRED. The installation of a properly sized grease trap downstream of the floor sink is REQUIRED. The alternative use of a warewashing sink for food preparation requires prior approval from the Division of Public Health.

PROCEDURE FOR SIZING A GREASE TRAP TO A SPECIFIC FIXTURE

1. Determine the liquid volume of the fixture in cubic inches draining to the grease trap.

2. Determine the liquid capacity of the fixture in gallons.

3. Determine the actual drainage load (75% of fixture capacity).

4. Determine the unit flow rate minimum for drainage period of 2 minutes.

Determine the unit liquid holding capacity minimum (40% of fixture capacity).

5. Select a unit corresponding to minimum unit flow rate and liquid holding capacity.

EXAMPLE OF SIZING FOR GREASE TRAP SELECTION

Select a grease trap to receive drainage from a three compartment warewashing sink with bowl dimensions of 18” W x 24” L x 12” D

1. Volume = 18in x 24in x 12in = 5184 cubic inches

2. Capacity = Volume (cu in) / 231 (cu in/gal) = 5184 / 231 = 22.4 gal

3. Drainage load = 22.4 gal x 0.75 = 16.8 x 3 compartments= 50.4, or approx. 50 gal

4. Unit flow rate minimum = 50 gal / 2 min = 25 gpm

Unit liquid holding capacity minimum = 67.3 x 0.40 = 26.9 gals

5. Select a grease trap with a minimum flow rate equal to or greater than 25 gpm

The selected trap also must have a minimum liquid holding capacity of 26.9 gal.

VIII. WATER HEATER - Hot Water Supply Requirements

A. The water heater shall be sized to provide hot water as required to supply both the daily requirements and the hourly peak demands of the facility. The daily and hourly demand is based on the type of equipment and number of fixtures consuming hot water as required for food operations.

B. The total hot water availability in gallons per hour (gph) from a water heater is the sum of the unit storage capacity plus the recovery rate at a 100F rise.

IX. UTILITY SERVICE INSTALLATION

A. Utility service lines inccluding gas, plumbing and electrical shall be installed inside walls, above ceilings and below floors whenever structurally practical and in accordance with applicable code requirements.

B. If lines are run in front of walls, lines shall be installed with stand-off brackets or other secure mounting method, such that a minimum clearance of one inch (1”) exists between line and wall.

C. Exposed horizontal utility service lines may not be installed on the floor.

X. BACKFLOW PREVENTION

A. The air gap between the water supply inlet and the flood rim level of the plumbing fixture, food- or non-food equipment shall be at least twice the diameter of the water supply inlet and not less than one inch ( 1” ).

B. A backflow or back siphonage prevention device installed on a water supply system shall meet American Society of Sanitary Engineering (ASSE) series 1000 standards.

C. An air-gap or a backflow or back siphonage prevention device is required at water service connections on warewashing machines, steamers, and other food equipment.

D. Hose Connections, Sillcocks, hose bibbs, wall hydrants and other openings with a hose connection shall be protected by an atmospheric type or pressure type vacuum breaker, or a permanently attached hose connection vacuum breaker.

E. Beverage Dispensers A double check valve with intermediate atmospheric vent conforming to ASSE 1012 is required on the water supply connection. A dual check valve conforming to ASSE 1032 is required on the beverage dispensing equipment.

F. No direct connection may exist between the sewage system and any drain originating from equipment in which food is placed.

G. Equipment and fixtures utilized for the storage, preparation and handling of food shall discharge through an indirect waste pipe by means of an air gap.

XI. JOINT SEALING

A. Joints formed where fixtures come in contact with walls or floors shall be sealed with an approved sealant to form a watertight joint against the mounting surface.

B. Where installation does not allow access for cleaning, fixtures shall be sealed to walls or adjoining equipment. Where not structurally practical, a minimum gap of one inch ( 1” ) shall exist between the fixture and walls or adjoining equipment.

SECTION 111.25 – APPENDIX F: is deleted in its entirety.

Section 111.26 - APPENDIX G: is deleted in its entirety.

4469 Regulations Governing a Detailed Plumbing Code

1.0 Adoption and Effective Date

That certain document entitled, “The International Plumbing Code 2003 ” is made a part hereof and the supplements therein include, identified as “Section 2.0. Additions, Deletions, Amendments and Clarifications,” are hereby adopted as the “State of Delaware Regulations Governing A Detailed Plumbing Code. These regulations shall be effective______.

2.0 Additions, Deletions, Amendments and Clarifications

2.1 Section 101.1 Title is deleted and replaced with the following: These Regulations shall be known as the "State of Delaware Regulations Governing A Detailed Plumbing Code hereinafter referred to as 'this Code".

2.2 Section 101.2 Scope is deleted and replaced by the following: The provisions of this code shall apply to the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of plumbing systems within this jurisdiction.

2.3 Section 102.2 Existing installations is deleted and replaced by 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 except as may be specifically covered in this Code or deemed necessary by the Deputy Code Official(s) for the general safety and welfare of the occupants and the public.

Exception: Except that 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 Section 104.1 General is deleted and replaced by the following: For the purpose of this document "Code Official" refers to the Secretary, Delaware Health and Social Services, or their designee. "Plumbing Inspectors" shall have such duties and powers as are enumerated in Title 16, Delaware Code. Section 7907 and shall have the authority of a Deputy Code Official as referenced in Section 103.3 of this Code.

2.5 Section 108.1 Unlawful acts is deleted and replaced by the following: It shall be unlawful for any person to work as a licensed plumber in the State of Delaware unless such person has received a license from the Delaware Department of Administrative Services, Division of Professional Regulation, showing that said person has been duly licensed as a plumber, except as provided by 24 Delaware Code 1813, and has a permit issued by the Division of Public Health.

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

2.6 Section 108.4 Violation penalties is deleted and replaced by 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 Deputy Code Official(s), or of a permit or certificate issued under the provisions of this Code, shall be subject to penalties as provided by Chapter 79, Title 16, Delaware Code.

2.7 Section 108.5 Stop work orders is amended by deleting the language "shall be liable to a fine not less than [AMOUNT] dollars or more than [AMOUNT] dollars and replacing it with: shall be subject to penalties as provided by Chapters 1 and 79, Title 16, Delaware Code.

2.8 Section 109 Means of Appeal is deleted in its entirety

2.9 Section 202 General Definitions is amended by adding the following definitions:

Licensed Plumber. The term "Licensed Plumber" shall mean a person who has complied with the provisions of the 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. The Licensed Plumber shall be recognized as being responsible for all work performed under a plumbing permit issued by the Division of Public Health.

Supervision of Work. For the purposes of these regulations, supervision of work shall be defined as work completed under the permit of a licensed plumber while employed by the licensed plumber, or the same firm, partnership, corporation, or owners of the company as the licensed plumber.

2.10 Section 305.6.1 Sewer depth is deleted in its entirety

2.11 Section 312.1 Required tests is amended by adding the following sentence at the end thereof: In lieu of the presence of the deputy code official witnessing the test, the Licensed Plumber may certify in writing upon a prescribed form, that the plumbing system piping is in accordance with Section 312 of the regulations. This shall be applicable between November 1 and April 1.

2.12 Section 404 Accessible Plumbing Fixtures, Where required is deleted and replaced by 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).

2.13 Section 502.1 Installation, General is amended by adding the following sentence at the end thereof: The first 12 inches of both hot and cold water lines shall be thermally rated for maximum water temperature produced by the hot water heater.

2.14 Section 504.6.2 Safety Devices, Materials is deleted and replaced by the following: The discharge valve shall be equipped with an approved heat transfer fitting or metallic pipe.

2.15 Section 504.7 Required Pan is amended by adding the following:

Exception: Tankless Hot Water Heaters shall not require a drain pan.

2.16 Tables 605.4 and 605.5 are amended by deleting the letters "M" and "WM" from copper tubing.

2.17 Section 605.16.2 Solvent cementing is amended by adding the following sentence at the end thereof: The use of all purpose glue is prohibited.

2.18 Section 802.4 Standpipes is amended by adding thee following sentence at the end thereof: The top of the standpipes shall be 42 inches (1066mm) above the finished floor.

2.19 Section 903.1 Stack required is amended by adding the following sentence at the end thereof: The stack shall be no less than 2" in diameter.

2.20 Section 912.1 Type of fixtures is amended by deleting the last sentence.

2.21 Section 917.1 Air Admittance Valves, General is amended by adding the following sentence at the end thereof: Air admittance valves shall be approved by the Deputy Code Official prior to use or installation.

2.22 Section 919 Computerized Vent Design is deleted in its entirety.

2.23 Section 1003.3.4 Grease trap and grease interceptors is amended by deleting the "." as it appears at the end and it with the following: , or be otherwise approved by the Code Official.

2.24 Chapter 12 Special Piping and Storage Systems is deleted in its entirety.

2.24 Plan Review and Approval Plumbing Requirements for Food Establishment Premises

2.24.1 General All plumbing shall be installed by a licensed plumber under a valid, current plumbing permit in accordance with the "State of Delaware Regulations Governing a Detailed Plumbing Code."

2.24.2 Water Supply and Sewage Disposal Facilities served by a public water supply and sewage systems do not require further evaluation. Private wells must comply with chemical and bacteriological standards; a satisfactory analysis is required before an operating permit may be issued. Individual sewage disposal systems require the approval of the Department of Natural Resources and Environmental Control prior to operating the food establishment.

2.24.3 Backflow Prevention

2.24.3.1 Air gap, supply: An air gap between the water supply and the flood rim level of the plumbing fixture, equipment, or nonfood equipment shall be at least twice the diameter of the water supply inlet and may not be less than 1 inch (DE Food Code, §5.202.13).

2.24.3.2 Air gap, drainage: No direct connection may exist between the sewage system and any drain originating from equipment in which food is placed (DE Food Code, §5-402.11). Equipment and fixtures utilized for the storage, preparation and handling of food shall discharge through an indirect waste pipe by means of an air gap (IPC2003, §802.1.1).

2.24.3.3 Floor drains: Floor drains located within walk-in refrigerators or freezers in food establishments shall be indirectly connected to the sanitary drainage system by means of an air gap (IPC2003, §802.1.2).

2.24.3.4 Backflow prevention device: A backflow or backsiphonage prevention device shall meet American Society of Sanitary Engineering (ASSE) standards for construction, installation, maintenance, inspection, and testing for that specific application and type of device (DE Food Code, §5-202.14).

2.24.3.5 Plumbing fixtures: The supply lines or fittings for every plumbing fixture shall be installed so as to prevent backflow (IPC2003, §608.2).

2.24.3.6 Devices, appliances: All devices that connect to the water supply shall be provided with protection against backflow (IPC2003, §608.3). This includes devices used for food preparation and processing, steamers, the storage of ice or food, warewashing machines, and other food service equipment.

2.24.3.7 Hose Connections: Sillcocks, hose bibbs, wall hydrants and other openings with a hose connection shall be protected by an atmospheric-type or pressure-type vacuum breaker or a permanently attached hose connection vacuum breaker. Exceptions: water heater drain valve, clothes washing machine (IPC2003, §608.15.4.2).

2.24.3.8 Beverage Dispensers: The water supply connection to carbonated beverage dispensers shall be protected against backflow by a backflow preventer conforming to ASSE 1022 or by an air gap. The backflow preventer device and the piping downstream therefrom shall not be affected by carbon dioxide gas (IPC2003, §608.16.1).

2.24.4 Utility Service Installation

2.24.4.1 Utility lines including gas, plumbing and electrical shall be installed inside walls, above ceilings or below floors whenever structurally practical, and in accordance with applicable code requirements.

2.24.4.2 If lines are run in front of walls, lines shall be installed with stand-off brackets or other secure mounting method, such that a minimum clearance of one inch (1") exists between line and wall.

2.24.4.3 Exposed horizontal utility service, including water supply and drain lines, may not be installed on the floor.

2.24.5 Joint Sealing Joints formed by fixtures in contact with walls or floors shall be sealed with an approved sealant. Where installation does not allow access for cleaning, fixtures shall be sealed to walls or adjoining equipment. Where not structurally practical, a minimum gap of one inch (1") shall exist between the fixture and walls or adjoining equipment.

2.24.6 Toilet Facilities

2.24.6.1 At least 1 toilet and not fewer than the toilets required by law shall be provided. If authorized by law and urinals are substituted for toilets, the substitution shall be done as specified in law (DE Food Code, §5-203.12).

2.24.6.2 A handwashing facility shall be located in, or immediately adjacent to, toilet rooms (DE Food Code, §5-204.11).

2.24.6.3 A toilet room shall be completely enclosed and provided with a tight-fitting and self-closing door (DE Food Code, §6-202.14).

2.24.6.4 Toilet rooms shall be conveniently located and accessible to employees during all hours of operation (DE Food Code, §6-402-11).

Note: State of Delaware Regulations Governing a Detailed Plumbing Code adopts International Plumbing Code 2003 (IPC2003). Applicable excerpts are listed below.

2.24.6.5 IPC2003 Table 403.1 Minimum Number of Plumbing Facilities The fixtures shown are based on one fixture being the minimum required for the number of persons indicated or any fraction of the number of persons indicated. The number of occupants shall be determined by the building code.

Occupancy: Assembly, Restaurants

Water Closets: Male: 1 per 75

Female: 1 per 75

Lavatories: 1 per 200

Drinking Fountains: 1 per 500

Others: 1 service sink

2.24.6.6 IPC2003, Section 403.5 Location of Employee Toilet Facilities In Mercantile And Assembly Occupancies. Employees shall be provided with toilet facilities in building and tenant spaces utilized as restaurants. The employees' facilities shall be either separate facilities or combined employee and public customer facilities. The required toilet facilities shall be located not more than one story above or below the employee's regular work area and the path of travel to such facilities, in other than covered malls, shall not exceed a distance of 500 feet. The path of travel to required facilities in covered malls shall not exceed a distance of 300 feet.

Exception: Employee toilet facilities shall not be required in tenant spaces where the travel distance from the main entrance of the tenant space to a central toilet area does not exceed 300 feet and such central toilet facilities are located not more than one story above or below the tenant space.

2.24.6.7 IPC2003, Section 403.6 Public Facilities. Customers, patrons, and visitors shall be provided with public toilet facilities in structures and tenant spaces intended for public utilization. Public toilet facilities shall be located not more than one story above or below the space required to be provided with public toilet facilities and the path of travel to such facilities shall not exceed a distance of 500 feet.

2.24.6.8 IPC2003, Section 403.2 Separate Facilities. Where plumbing fixtures are required, separate facilities shall be provided for each sex.

Exceptions: ...Separate employee facilities (for each sex) shall not be required in occupancies in which 15 or less people are employed. Separate facilities (for each sex) shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 15 or less.

2.24.7 Sinks All sinks shall be supplied with hot and cold running water under pressure.

2.24.7.1 Splashguard Dividers: Where less than 18 inches lateral separation exists between sinks and adjacent fixtures, food contact surfaces or open storage shelving, a splashguard divider constructed of a material which is durable, easily cleanable, non-toxic and impervious to moisture shall be installed; such divider may be wall-attached or fixture-attached, and shall extend outward to the leading edge of the sink and extend vertically a minimum of 18 inches above the level plane of the sink bowl.

2.24.7.2 Handwashing sinks: These fixtures, when located in food preparation, food dispensing, beverage dispensing (including bar service area), food storage and warewashing areas, must be certified or classified under an approved industry standard for food equipment, such as NSF International, ETL Sanitation, UL for Sanitation, BISSC, or equivalent.

2.24.7.2.1 A separate, single-compartment handwashing sink is REQUIRED in food preparation, food dispensing, and warewashing areas; and in, or immediately adjacent to, toilet rooms. Handsinks shall be installed within 25 travel feet within a direct line access of each primary work location. Hand soap, paper towels and a trash receptacle must be kept at these sinks.

2.24.7.2.2 A minimum hot water temperature of 100 F, delivered through a mixing valve or combination faucet, is REQUIRED.

2.24.7.2.3 If installed, self-closing, slow-closing, or metering faucets shall provide a flow of water for at least 15 seconds without the need to reactivate the faucet.

2.24.7.2.4 A handwashing sink may not be used for any other purpose.

2.24.7.2.5 An indirect drainline connection is not required. Connection to a grease trap is not required.

2.24.7.3 Food preparation sink(s): Any sink in which food is washed or thawed under running water as part of the food preparation process must be certified or classified under an approved industry standard for food equipment, such as NSF International, ETL Sanitation, UL for Sanitation, BISSC, or equivalent.

2.24.7.3.1 A food preparation sink may not be used for disposal of mop water or liquid wastes.

2.24.7.3.2 An indirect drainline connection through an air-gap is REQUIRED.

2.24.7.3.3 Connection to properly sized grease trap is REQUIRED.

2.24.7.3.4 If a food preparation sink has two or more compartments, a separate wasteline connection from each sink compartment through an air gap into a floor sink is REQUIRED.

2.24.7.4 Warewashing sink: This fixture must be certified or classified under an approved industry standard for food equipment, such as NSF International, ETL Sanitation, UL for Sanitation, BISSC, or equivalent.

2.24.7.4.1 A sink of at least three separate compartments with coved corners and integral drainboards at each end shall be provided for manually washing, rinsing and sanitizing equipment and utensils. Each sink compartment shall be large enough to accommodate the immersion of the largest equipment item or utensil. A chemical test kit that matches the type of sanitizing agent in use is required in the warewashing area.

2.24.7.4.2 A warewashing sink may not be used for handwashing or disposal of liquid wastes.

2.24.7.4.3 Connection to a properly sized grease trap is REQUIRED.

2.24.7.4.4 An indirect drainline connection is not required, unless this fixture is used for food preparation. (See paragraph (3)(e) below for alternative use provision.)

2.24.7.4.5 Alternative use provision for warewashing sink: If the warewashing sink will be used for washing or thawing food, a separate wasteline connection from each sink compartment through an air-gap into a floor sink is REQUIRED. The installation of a properly sized grease trap downstream of the floor sink is REQUIRED. Alternative use of a warewashing sink for food preparation requires prior approval from the Division of Public Health.

2.24.7.5 Service sink: (for use as janitorial sink, utility sink or mop sink)

2.24.7.5.1 Wherever practical, install this fixture outside of the food preparation, food dispensing, food storage and warewashing areas.

2.24.7.5.2 This fixture, when located in food preparation, food dispensing, food storage and warewashing areas, must be certified or classified under an approved industry standard for food equipment, such as NSF International, ETL Sanitation, UL for Sanitation, BISSC, or equivalent.

2.24.7.5.3 A minimum of one service sink or receptor is REQUIRED on each floor level of food operations. This fixture may be a sink or a curbed receptor.

2.24.7.5.4 The dual use of a utility sink as a handwashing sink is not approved in new construction, conversion of a structure to a food establishment, nor remodeling of an existing facility.

2.24.7.5.5 An indirect drainline connection is not required.

2.24.7.5.6 Connection to a grease trap not required.

2.24.7.6 Prewash sink: This fixture must be certified or classified under an approved industry standard for food equipment, such as NSF International, ETL Sanitation, UL for Sanitation, BISSC, or equivalent.

2.24.7.6.1 An indirect drainline connection is not required.

2.24.7.6.2 Connection to a properly sized grease trap is REQUIRED.

2.24.7.6.3 If a food waste grinder is installed on this fixture, the grease trap must be designed and rated for such application, or a solids interceptor is required upstream of the grease trap.

2.24.8 Mechanical Warewasher: This equipment item must be certified or classified under an approved industry standard for food equipment, such as NSF International, ETL Sanitation, UL for Sanitation, or equivalent.

2.24.8.1 A warewashing machine, using hot water or a chemical rinse to sanitize, may be installed. Large cookware which does not fit into the machine must be sanitized in a three compartment sink. Facilities without a three compartment sink whose warewashers are found functioning improperly may be directed to temporarily close until the machine is repaired. If a chemical sanitizing agent is used, a test kit that matches the chemical sanitizing agent is required.

2.24.8.2 Connection to a grease trap is NOT APPROVED due to high temperature, pressure and detergents.

2.24.8.3 An indirect drainline connection through an air-gap is REQUIRED. (See paragraph 2.24.8.4 below for alternative installation provision.)

2.24.8.4 Alternative installation provision for mechanical warewasher: If approved by the Division of Public Health, a direct drainline connection may be installed if the machine wastewater outlet is located within five feet of a properly trapped vented floor drain and the machine outlet is connected to the inlet side of the same properly vented floor drain trap.

2.24.9 Grease trap: The grease trap must be sized in accordance with PDI standard G101.

2.24.9.1 Connection to a properly sized grease trap is REQUIRED for all fixtures that discharge grease-laden waste, e.g. warewashing sinks, food prep sinks, pre-wash sinks for warewashers, woks, and other cooking equipment.

2.24.9.2 Alternative use provision for warewashing sink: If the warewashing sink will be used for washing or thawing food, a separate wasteline connection from each sink compartment through an air-gap into a floor sink is REQUIRED. The installation of a properly sized grease trap downstream of the floor sink is REQUIRED. Alternative use of a warewashing sink for food preparation requires prior approval from the Division of Public Health.

PROCEDURE FOR SIZING A GREASE TRAP TO A SPECIFIC FIXTURE

1. Determine the liquid volume of the fixture in cubic inches (cu in) draining to the grease trap.

2. Determine the liquid capacity of the fixture in gallons (gal).

3. Determine the actual drainage load (75% of fixture capacity).

4. Determine the unit flow rate minimum for drainage period of 2 minutes.

Determine the unit liquid holding capacity minimum (40% of fixture capacity).

5. Select a unit corresponding to minimum unit flow rate and liquid holding capacity.

EXAMPLE OF SIZING FOR GREASE TRAP SELECTION

Select a grease trap for a three compartment warewashing sink with bowl dimensions of 18" W x 24" L x 12" D

1. Volume = (18in x 24in x 2in) x 3 cmpts = (5,184 cu in) x 3 = 15,552 cubic inches

2. Capacity = Volume (cu in)/231(cu in/gal) = 15,552/ 231 = 67.3 gallons

3. Drainage load = 67.3 gal x 0.75 = 50.4, or approx. 50 gallons

4. Unit flow rate minimum = 50 gallons/2 minutes = 25 gallons per minute (gpm)

Unit liquid holding capacity minimum = 67.3 x 0.40 = 26.9 gallons

5. Select a grease trap with a minimum flow rate equal to or greater than 25 gpm

The selected trap also must have a minimum liquid holding capacity of 26.9 gal.

GREASE TRAP SIZING FOR TYPICAL SINK INSTALLATIONS

2.24.10 Water heater: - Hot Water Supply

2.24.10.1 The water heater shall be sized to provide hot water as required to supply both the continuous requirements and the hourly peak demands of the facility. The continuous and hourly demands are based on the type of equipment and number of fixtures consuming hot water as required for food operations.

2.24.10.2 The total hot water availability in gallons per hour (gph) from a water heater is the sum of the unit storage capacity plus the recovery rate at a 100 F rise.

2.24.10.3 A fuel-fired (gas or oil) water heater in a food establishment shall have a minimum storage capacity of thirty (30) gallons; an electric water heater shall have a minimum storage capacity of forty (40) gallons. Storage capacities larger than the minimum shall be required, based on the type of equipment and number of fixtures consuming hot water.

2.25 Appendix F Structural Safety is deleted in its entirety

2.26 Appendix G Vacuum Drainage System is deleted in its entirety

2.27 Procedures for License

Every person desiring to register as a plumber engaged in the business of plumbing in the State of Delaware shall file an application with the Division of Professional Regulation, 861 Silver Lake Blvd. Dover, DE 19904.

2.28 Variances

Upon receipt of written application for a variance, the Deputy Code Official may:

2.28.1 From time to time recommend granting written permission to vary from particular provisions set forth in this Regulation, when the extent of the variation is clearly specified and it is documented to the Secretary, Health and Social Services, or his/her appointed designee's satisfaction that:

2.28.1.1 Such variation is necessary to obtain a beneficial use of an existing facility, and:

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

2.28.1.3 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.

2.28.2 Within thirty (30) business days of the receipt of a written application for a variance, the Deputy Code Official shall recommend either granting the variance, or denying the variance or will request further information from the applicant.

2.28.3 If the applicant has been denied a variance upon the recommendation of the Deputy Code Official, the applicant may appeal the decision by filing a written Notice of Appeal to the Secretary, Health and Social Services, or his/her designee, Division of Public Health, 417 Federal Street, Dover, Delaware 19901.

9 DE Reg. 307 (9/1/05)