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Legislation #: 150452 Introduction Date: 6/11/2015
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 60 of the Code of Ordinances, entitled “Sewers and Sewage Disposal” by adding Article VII, Sections 60-349 through 60-361; amending Chapter 52, Code of Ordinances, entitled “Parking Stations” by repealing Sections 52-32, 52-34, 52-35, and 52-36 and enacting in lieu thereof new sections of like number and subject matter; amending Chapter 18, Code of Ordinances, entitled “Buildings and Building Regulations” by repealing Section 18-125 and enacting in lieu thereof a new section of like number and subject matter; and establishing an effective date.

Legislation History
DateMinutesDescription
6/9/2015 Filed by the Clerk's office
6/11/2015 Referred to Transportation & Infrastructure Committee
6/18/2015 Advance and Do Pass, Debate
6/18/2015 Councilmember Sharp (Second by Wagner) Move To Hold On Docket
6/18/2015 Held on Docket (6/25/2015)
6/25/2015 Councilmember Sharp (Second by Reed) Move to Amend
6/25/2015 Passed as Amended

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150452.pdf Authenticated 932K Authenticated
150452com.docx Compared Version 48K compared version
Ch 60 52 18 Revision Fiscal Note.xls Fiscal Note 37K Code of Ordinance Revision Fiscal Note
Ch 60 52 18 Revision Fact Sheet.xls Fact Sheet 55K Code of Ordinance Revision Fact Sheet

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ORDINANCE NO. 150452, AS AMENDED

 

Amending Chapter 60 of the Code of Ordinances, entitled “Sewers and Sewage Disposal” by adding Article VII, Sections 60-349 through 60-361; amending Chapter 52, Code of Ordinances, entitled “Parking Stations” by repealing Sections 52-32, 52-34, 52-35, and 52-36 and enacting in lieu thereof new sections of like number and subject matter; amending Chapter 18, Code of Ordinances, entitled “Buildings and Building Regulations” by repealing Section 18-125 and enacting in lieu thereof a new section of like number and subject matter; and establishing an effective date.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 60 of the Code of Ordinances of the City of Kansas City, Missouri, entitled “Sewers and Sewage Disposal” is hereby amended by adding Sections 60-349 through 60-360 to read as follows:

CHAPTER 60. SEWERS AND SEWAGE DISPOSAL

 

ARTICLE VII. REDUCTION AND CONTROL OF PRIVATE

INFLOW AND INFILTRATION

 

Sec. 60-349. Purpose of Article.

The purpose of this article is to reduce the amount of Inflow and Infiltration originating from defects in private property connected to the Public Sewer System. Allowing the flow of storm water and ground water into the Public Sewer System increases the cost of constructing and operating the sewer system and treating wastewater, adversely impacts the effective treatment of wastewater, reduces the available capacity of the system, creates conditions that pollute the waterways, and poses a direct threat to public health and safety by causing or contributing to sewer back-ups and sewer overflows.

Sec. 60-350. Definitions.

(a)    General Provisions: For purposes of this Article, the terms and words used herein shall be defined as set forth below.

(b)   Specific Definitions.

(1)               “Cleanout” shall mean a pipe fitting and associated piping that connects to a building sewer or Sewer Lateral Connection and provides access to the line for the purposes of routine inspecting, flushing, rodding, cleaning, and other maintenance and diagnostic purposes.

(2)               “Clear Water” shall mean any surface or subsurface water other than sanitary sewage including storm water, surface water, roof run-off, intercepted groundwater or subsurface drainage, including, but not limited to, downspouts, yard drains, foundation drains, or other sources of storm water or other run-off.

(3)               “Combined Sewer System” shall mean that part of the wastewater collection and treatment system that is specifically designated as a Combined Sewer System by the Water Services Department.

(4)               “Director” shall mean the Director of the Water Services Department or his or her designee.

(5)               “Infiltration” shall mean water (other than wastewater) that enters a sewer system (including water that enters a sewer system through Sewer Laterals and Sewer Lateral Connections) from the ground through means including, but not limited to, defective pipes, pipe joints, connections, or manholes.

(6)               “Inflow” shall mean water other than wastewater that enters a sewer system from sources including, but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, foundation drains, directly connected sump pumps, storm sewers, catch basins, cooling water discharges, storm waters, surface runoff, street wash waters, or drainage.

(7)               “Inflow and Infiltration” shall mean the total quantity of water from inflow and infiltration without distinguishing the source.

(8)               “Inspection” shall mean an inspection of a building sewer lateral and/or building plumbing and premises by an Inspector or duly authorized representative of the Director in order to visually examine the sewer lateral, building plumbing and/or premises for damage, connections, or sources of Clear Water, storm water, surface water or ground water that may enter into the Public Sewer System.

(9)               “Inspector” shall mean a professional trained and qualified, as determined by the Director, to perform the inspections required by Article VII.

(10)           “Non-Sanitary Sewer Connections” shall mean any facility that directly or indirectly conveys storm water, surface water, roof run-off, intercepted groundwater or subsurface drainage into sanitary sewers, including, but not limited to, downspouts, yard drains, foundation drains, or other sources of storm water or other run-off.

(11)           “Point-of-Sale” shall be date of sale or transfer of any parcel of real estate connected to the Public Sewer System.

(12)           “Public Sewer System” shall mean all portions of the Combined Sewer System and the Separate Sewer System, excluding Sewer Lateral Connections, Sewer Laterals, and Separate Storm Sewer Systems.

(13)           “Separate Sewer System” shall mean a system of pumping stations and pipes that is intended to carry residential and non-residential wastewater, not stormwater, to treatment plants. All portions of the Public Sewer System not designated as Combined Sewer System shall be deemed to be part of the Separate Sewer System.

(14)           “Sewer Lateral” shall mean that part of the piping of a sewer system that connects the building plumbing to the Sewer Lateral Connection. Sewer Laterals are the private property of the building owner served by the Sewer Lateral and not private sewers as defined in Section 60-25.

(15)           "Sewer Lateral Connection” shall mean the joint or interface between the Sewer Lateral and the Public Sewer System or the joint or interface between the Sewer Lateral and a private sewer as defined in Section 60-25.

(16)           “Sewer Main” shall mean a sewer that is publicly-owned and directly controlled by the City.

Sec. 60-351. Jurisdiction.

(a)    This Article shall be applicable to all properties with connections to the Public Sewer System including public, district, joint district and private sewers as defined in Section 60-21.

(b) The Director is hereby authorized to make rules and regulations for the implementation, operation, administration and enforcement of this Article. All rules and regulations issued pursuant to this Section shall be in writing and made available upon request.

Sec. 60-352. Maintenance of Sewer Laterals and Sewer Lateral Connections.

(a)    Sewer Laterals and Sewer Lateral Connections shall be maintained as follows:

(1)               Shall be kept free from roots, grease deposits, solids, and any prohibited deposit(s) outlined in Article I of this Chapter which may impede the flow or obstruct the transmission of sewage in the sewer main.

(2)               All pipe joints shall be water tight and all pipes shall be structurally sound in order to prevent groundwater infiltration.

(3)               Shall be free of any structural defects such as cracks, openings, rodent holes or missing portions, and the grade shall be uniform without sags or offsets.

(4)               All cleanouts shall be securely sealed with a proper cap at all times.

Sec. 60-353. Prohibited Private Property Inflow and Infiltration Sources.

(a) Prohibited Connection. All private property connections which permit Inflow and Infiltration to the Public Sewer System are prohibited, including but not limited to:

(1) Roof drains,

(2) Sump pumps,

(3) Interior foundation drain pits,

(4) Interior and exterior foundation drains,

(5) Area way drains including but not limited to, outside stairwell drains, driveway drains, patio drains, and yard drains,

(6) Other sources of surface runoff or ground water connected to the Public Sewer System or to a building sewer or building drain which is connected to the Public Sewer System.

(b) Notice of Prohibited Connection. If the Director determines that a prohibited connection exists upon a property, the owner shall be notified in writing of the defect. The notice shall be sent by U.S. mail, first class, to the last known address of the owner. The notice shall list the known deficiencies and request that corrective action be taken. The owner shall disconnect any prohibited connection within 180 days of written notification. Failure of the Director to provide notice of the prohibited connection to the property owner does not relieve the property owner from the obligation to disconnect any prohibited connection or otherwise comply with this Article.

(c) To the extent that this section is in conflict with the Uniform Plumbing Code adopted by the City, the terms of this section will govern.

(d) At the discretion of the Director, properties with existing or proposed connections to the Combined Sewer System may be granted a variance from the requirements of this Section 60-353.

Sec. 60-354. Inspections.

The Director may inspect building plumbing to confirm that a property subject to the provisions of this Article does not have a prohibited connection.

Sec. 60-355. Corrective Action.

(a) Property owners shall take corrective action to disconnect any prohibited connection as defined in Sec 60-353.

(b) Disconnection and any related corrective action shall comply with the Code of Ordinances and any other applicable building code or requirement.

Sec. 60-356. Service Lateral and Service Lateral Connection Repair on Public Right-Of-Way or Easements.

The Water Services Department may repair, rehabilitate, or replace any Sewer Lateral Connection or Sewer Lateral connected to the Public Sewer System within public rights-of-way or public utility easements, as determined necessary or appropriate by the Director. Repair and maintenance of Service Laterals shall remain the responsibility of the property owner.

Sec. 60-357. Inflow and Infiltration Fee.

For any property with a prohibited connection which contributes Inflow and Infiltration to the Public Sewer System, the accountholder may be charged a fee each month to pay for the cost of service, but not before 180 days after written notification of the prohibited connection to the owner, sent by U.S. mail, first class. The Inflow and Infiltration fee will be removed after proof of disconnection of the prohibited private property Inflow and Infiltration source.

Sec. 60-358. Appeals of Inspection Results or Administrative Actions.

Upon the written request of any owner whose property is subject to the private property Inflow and Infiltration surcharge, the Director, or a person designated by the Director, shall review the applicability or amount of the private property Inflow and Infiltration surcharge. Matters which shall be reviewed may include:

(1)               Whether a property is connected to the Public Sewer System.

 

(2)               Whether the prohibited private property Inflow and Infiltration source exists.

The determination of applicability or amount of the Inflow and Infiltration surcharge made by the Director shall be final.

The Director or the owner may appeal the final decision pursuant to Chapter 536 RSMO.

Sec. 60-359. Private inflow and infiltration reduction program.

The director is authorized to develop a private inflow and infiltration reduction program consistent with Committee Substitute for Resolution No. 150106, including that participation in the program will be voluntary and cost effective work will be funded by the City.

Sec. 60-360. Point-of-Sale Inspection Program.

The Director is authorized to develop a Point of Sale Inspection Program to identify prohibited connections.

Sec. 60-361. Severability.

If a court of competent jurisdiction declares that any section, subsection, or provision of this Article is invalid, that ruling shall not affect the validity of any other part of this Article or the Article as a whole, which shall remain in full force and effect.

Sec. 60-362. Liability Disclaimer.

This Article shall not create a liability on the part of the city, any officer, employee, or delegate thereof, for any damages that may result from reliance on this Article or any administrative decision lawfully made thereunder.

Section 2. That Chapter 52 of the Code of Ordinances of Kansas City, Missouri, entitled “Parking Stations”, is hereby amended by repealing Sections 52-32, 52-34, 52-35, and 52-36 and enacting in lieu thereof new sections of like subject matter, to read as follows:

 

Sec. 52-32. Maintenance of parking surface.

 

(a) Ordinary maintenance of an existing parking surface shall not require a permit. Ordinary maintenance shall include the resurfacing of an existing parking surface, which was in compliance with this chapter.

 

(b) Parking surfaces shall be kept in good repair at all times. The parking surface shall not be allowed to degenerate to a point of disrepair where there is loose gravel or potholes, or to a condition where mud may be tracked onto the street. All screening and barriers shall be maintained in good condition and shall not be allowed to fall into a state of disrepair. Dead or damaged shrubbery shall be replaced immediately. Dead or damaged plants in stormwater best management practices (BMPs) shall be replaced in accordance with the Manual of Best Management Practices For Stormwater Quality (APWA/MARC BMP Manual) adopted by City.

 

Sec. 52-34. Barriers and screening.

 

(a)               Barriers.

 

(1) All parking stations established after January 2, 1971, shall provide a physical barrier, such as an ornamental iron fence, masonry wall, planter, stormwater management BMP or shrubbery, installed in such a manner as to prevent any encroachment of a motor vehicle on a public right-of-way.

 

(2) Exceptions to subsection (a)(1) of this section are as follows:

 

a. Those located entirely within a building or structure.

 

b. Those separated at least 20 feet from street property lines by a maintained grass and landscaped area or stormwater BMP.

 

c. Parking stations located in industrial zones.

 

d. Residential parking spaces provided for one- and two-family dwellings and townhouses.

 

(b) Screening.

 

(1) All parking stations established after September 10, 1951, which are located in zoning districts R-1 through R-6 inclusive, or those located across a street or alley from property zoned R-1 through R-6 inclusive, shall be permanently screened from adjoining property by a solid wall, fence or screen planting sufficiently thick to serve the purpose of a solid screen. The screen shall be not less than four feet in height. Such screening shall be maintained in good condition.

 

(2) Exceptions to subsection (b)(1) of this section are as follows:

 

a. Residential parking spaces provided for one- and two-family dwellings and townhouses.

 

b. Parking stations located in zoning district C-4.

 

Sec. 52-35. Ground surface.

 

(a) All parking stations and residential parking spaces, inclusive of all access drives and all turning or maneuvering areas, established either after September 10, 1951 or after annexation by the city, shall be surfaced with an all-weather, dustless material such as permeable pavers, or asphaltic or Portland cement concrete.

 

(b) Exceptions to subsection (a) of this section are as follows:

 

(1) Interim parking stations may be surfaced with a bituminous seal coat over crushed rock in lieu of asphaltic or Portland cement concrete.

 

(2) Interior limited-access drives within lots located in industrial zones.

 

(3) Access drives and parking lots for athletic fields.

 

(4) Access drives in excess of 100 feet to single-family residences located in agriculturally zoned areas provided the residence is located on a tract of land of at least three acres or more.

 

(5) Interior limited-access drives located within farms.

 

(6) Parking stations or driveways abutting at least one unimproved road or street so long as such road or street remains unimproved. Upon the improvement to such road or street, abutting driveways shall remain gravel for no longer than 18 months thereafter. For purposes of this section, the terms "unimproved road or street" shall mean a road or street without pavement, gutters, and curbs and "improvement" shall mean the existence of pavement, gutters, and curbs. This exception applies only to existing parking stations and driveways.

 

(7) Existing parking stations or driveways operated by churches until November 1, 1998.

 

(c) Lawfully existing gravel driveways or parking stations shall not be extended or expanded.

 

Sec. 52-36. Control of stormwater runoff.

 

(a) Stormwater runoff from all parking stations shall be managed using stormwater BMPs to reduce runoff. Stormwater runoff shall be collected on the premises, treated to remove typical pollutants generated in parking areas using BMPs and discharged into a public storm sewer system. Where such storm sewer systems are inadequate or not available, the applicant shall extend the public storm sewer system or provide stormwater detention, or both, as required by the Water Services Department in accordance with the criteria of the director of Water Services. Stormwater runoff from parking stations may be discharged into a combined sewer only upon approval of a variance in accordance with Sec. 60-353.

 

(b) Residential parking spaces provided for one- and two-family dwellings and townhouses are exempt from subsection (a) of this section.

 

Section 3. That Chapter 18 of the Code of Ordinances of Kansas City, Missouri, entitled “Buildings and Building Regulations”, is hereby amended by repealing Section 18-125 and enacting in lieu thereof new section of like subject matter, to read as follows:

Sec. 18-125. Adoption of Uniform Plumbing Code (2012); amendments.

The Uniform Plumbing Code (2012), promulgated by the International Association of Plumbing and Mechanical Officials, is adopted and incorporated in this article by reference as if fully set forth, except as it is amended by the following provisions of this section. Provisions of this article are in addition to the provisions of the Uniform Plumbing Code. The following provisions coinciding with provisions of the Uniform Plumbing Code supersede, or delete, when indicated, the corresponding provisions of the Uniform Plumbing Code.

All references within the model codes to any building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code shall be construed to be a reference to the respective building, electrical, gas, mechanical, plumbing, sewage disposal, elevator, energy conservation, or existing building code specifically adopted by reference in articles II through XIV of this chapter.

Chapter 1, Administration, is deleted. See article I of this chapter.

In Section 204.0, the following definition has been revised:

Building Supply – The pipe carrying potable water from the water main or other source of potable water supply to the first shut-off valve downstream of all of the following (as applicable): 1. the point of entrance into the building; 2. the water meter; and 3. the service backflow prevention device. Building supply shall also mean water service.

422.0 Minimum Number of Required Fixtures. See Article II of this chapter.

422.1 through 422.4 and Table 422.1 – Deleted.

502 Permits. -- Deleted. (See Article I of this chapter.)

503 Inspection. -- Deleted. (See Article I of this chapter.)

601.3 References in this code to building supply (water service) piping shall apply only to building supply piping connected to a private source of water supply. All building supply piping connected to the public water supply is under the jurisdiction of the department of water services.

603.4.2.1 Certification required to director of water services. Within ten days of installation, repair, or relocation of any backflow prevention assembly that serves as a containment device directly protecting the public water system, the premise owner or other responsible person shall forward to the director of water services a statement executed by the certified backflow assembly tester that the assembly complies with this code and all other applicable statutes, ordinances, regulations, or other law. Location of the assembly shall also be included as part of the certification to the director of water services. Certification for annual or periodic testing shall also be submitted to the director of water services in accordance with the requirements of the director of water services.

603.5.6 (5) Double check valve backflow preventer

603.5.6.2 (5) Double check valve backflow preventer

603.5.6.4 A backflow prevention assembly installed in accordance with Sections 603.5.6 or 603.5.6.2 that serves as the only means of containment from the public water system shall be either a double check valve backflow preventer or a reduced pressure backflow preventer.

701.1(2) See Article II of this chapter for firestop protection requirements. See Article VI of this chapter for regulation of materials exposed within ducts or plenums.

Table 701.1, Materials for Drain, Waste, Vent Pipe and Fittings. Insert the following material (remainder of Table unamended):

Material: PVC (SDR 26); Building Sewer Pipe and Fittings Only; Referenced Standard Pipe & Fittings ASTM D3034.

710.1 Where the floor elevation of a basement or first story is below the elevation of the curb where the building sewer crosses under the curb or is below the elevation of the finished grade at the property line where the building sewer crosses under a property line and where the floor is also above the crown level of the main sewer, the drainage piping shall drain by gravity into the main sewer. Floor drains and shower drains connected to drainage piping in such floors shall be protected from the backflow of sewage by installing approved type backwater valves. Cleanouts for drains that pass through a backwater valve shall be clearly identified with a permanent label stating “backwater valve downstream.”

804.1 Standpipe Receptors. Plumbing fixtures or other receptors receiving the discharge of indirect waste pipes shall be approved for the use proposed and shall be of such shape and capacity as to prevent splashing or flooding and shall be located where they are readily accessible for inspection and cleaning. No standpipe receptor for any clothes washer shall extend more than 48 inches or less than 30 inches above the finished floor. No trap for any clothes washer standpipe receptor shall be installed more than 12 inches above the finished floor. No indirect waste receptor shall be installed in any toilet room, closet, cupboard or storeroom, or in any other portion of the building not in general use by the occupants thereof; except standpipes for clothes washers may be installed in toilet and bathroom areas when the clothes washer is installed in the same room.

807.4 Dishwashing Machines. Dishwashing machines shall discharge separately into a trap or trapped fixture. Domestic dishwashing machines may discharge into the tailpiece of the kitchen sink or the dishwasher connection of a food waste grinder.

901.1.1 Floor Drain. A floor drain (where used as such) need not be vented, provided it is within 25 feet of a three-inch stack or horizontal drain which has at least a three-inch-diameter vent extension through the roof.

 

906.1, Exception: Air Admittance Valves. Vents may terminate to an air admittance valve under the following conditions:

(1) For sinks located where there is no wall accessible from the sink location (eg. island sinks); or;

(2) In existing construction, where the existing vent system is not accessible to the fixture location without the removal of finish materials or other existing construction.

 

1101.1 Where Required. Roofs, paved areas, yards, courts, courtyards, vent shafts, light wells, or similar areas having rainwater, shall be drained into a separate storm sewer system, or to some other place of disposal satisfactory to the Water Services Department. In the case of one- and two-family dwellings, storm water shall be permitted to be discharged on flat areas, such as streets or lawns, so long as the storm water shall flow away from the building and away from adjoining property, and shall not create a nuisance.

1102.4 Building Storm Sewers. Building storm sewers shall be in accordance with the applicable standards referenced in Table 701.1 for building sewer pipe and fittings, Table 1401.1, or the adopted KCMO Public Works Design Criteria & Construction Specifications.

1204 Certificate of Inspection -- Deleted. (See Article I of this chapter.)

1205 Authority to Render Gas Service -- Deleted. (See Article I of this chapter.)

Chapter 15 Firestop Protection. See Article II of this chapter.

Appendices: The following chapters of the appendix are hereby adopted:

Appendix C – Alternate Plumbing Systems

Appendix D – Sizing Stormwater Drainage Systems.

 

Secs. 18-126 – 18-141. Reserved.

Section 4. This ordinance shall take effect as provided by Section 503 of the City Charter.

_____________________________________________

Approved as to form and legality:

 

 

____________________________

Charlotte Ferns

Assistant City Attorney