Pursuant to the powers vested in it under Section 162 of The City of St. John's Act, RSNL 1990 c. C-17 and all other powers it enabling, the St. John's Municipal Council in regular session convened on this 22nd day of November, A.D., 1993 hereby passes and enacts the following By-Law relating to the licensing of plumbers, the plumbing of buildings and the inspection of same.
BY-LAW
1. This By-Law may be cited as "The St. John's Plumbing By-Law".
2. In this By-Law unless the context otherwise requires:
"Act" means the City of St. John's Act, Chapter C-17 of the Revised Statutes of Newfoundland, 1990, and words used in this By-Law which are defined in the Act shall have the same meaning herein;
"Apprentice" means any person engaged in plumbing work as a helper or assistant under the supervision, guidance and direction of a person holding a license as a Journeyman Plumber issued hereunder for the purpose of learning his trade as a plumber;
"Council" shall mean the St. John's Municipal Council as defined by the City of St. John's Act;
"Inspector" means the City Plumbing Inspector or the Assistant City Plumbing Inspector appointed or acting as such under the authority of the Council, and includes any other person appointed by the Council to perform the duties of an inspector under this By-Law.
"Journeyman Plumber" means any person to whom a journeyman plumber's license has been issued pursuant to and in accordance with Section 7 hereof;
"Journeyman Plumber with Interprovincial Qualification" means any person to whom a Certificate of Qualification bearing an Interprovincial Seal has been issued by the Province of Newfoundland and Labrador, and to whom a Journeyman Plumbers license has been issued pursuant to and in accordance with Section 7 hereof.
"Person" includes firm, partnership, company or corporation.
"Plumbing System" shall include only the water supply distributing pipes, the fixtures and the fixture traps, soil, waste and vent pipes, building drain, the fresh air inlet, storm water drainage with their devices, appurtenances and connections, in, within, on or to any building.
"Plumbing Work" means any work done, on or in connection with the construction, extension, alteration, renewal or repair of a plumbing system or howsoever otherwise related to or arising out of the same pursuant to a permit issued in accordance with this By-law.
"Plumbing Contractor" means any person to whom a Plumbing Contractor's license has been issued pursuant to and in accordance with Section 9 of this By-Law.
GENERAL
3. This By-Law shall apply within the City of St. John's.
PERFORMANCE OF WORK
4. No plumbing system including without limiting the generality of the foregoing, the construction, extension, alteration, renewal or repair of a plumbing system or any plumbing work shall be installed, made, performed, done or executed in the City unless a permit to do so has been issued by the Inspector to a person holding a valid license issued under this By-Law to do such work.
5. (1) No person shall carry on the trade, business or calling of plumbing in the City unless he holds a valid license under this By-Law as a Plumbing Contractor. (Amended: 2014/09/22; #1572)
(2) Notwithstanding the provisions of subsection (1), a fully qualified plumber, in accordance with the provisions of this By-Law, may obtain a permit at the applicable rate to perform plumbing work at his/her personal residence without having to first obtain a Plumbing Contractor’s license under this By-Law, provided that such a permit shall not be issued more than once in a five year period. (Amended: 2014/09/22; #1572)
6. (1) No person other than a Journeyman Plumber duly licensed under this By-Law shall do or perform or be employed in any plumbing work or the installation of any plumbing system in the City.
(2) Notwithstanding Subsection 1 hereof, an apprentice may do or perform any plumbing work or install any plumbing system in the City, under the supervision, guidance and direction of a Journeyman Plumber who is present at all times and taking an active part in the performance of such work; under no circumstances shall an apprentice be placed in charge of the performance of any plumbing work or the installation of any plumbing system.
JOURNEYMAN PLUMBER
7. (1) An applicant for a License as a Journeyman Plumber shall make application for such license to the Inspector in writing, and it shall be accompanied by:
(a) the prescribed license fee; and
(b) a certificate that the applicant has successfully completed a course in plumbing issued to the applicant by the Province of Newfoundland pursuant to the Apprenticeship Act or by a recognized trade school or college in the Province;
(c) an undertaking in writing by the applicant that he will, as a condition to receiving a license as a Journeyman Plumber, comply with the provisions of this By-Law in all matters relating to the performance of his work as a Journeyman Plumber;
(d) such other matters as the Inspector may require to enable him to judge the qualifications of the applicant for a license as a Journeyman Plumber.
(2) When the provisions of sub-section (1) have been complied with, the Inspector shall examine the application, and, if deemed necessary, the applicant, and on being satisfied that the applicant is qualified to receive a license as a Journeyman Plumber, the Inspector shall issue such license to the applicant.
8. The fee for a License as a Journeyman Plumber and every renewal thereof shall be established by Council and shall be paid in respect of the first license as provided in Section 7 hereof and thereafter on the renewal of a license.
(Amended 2008/07/28; #1517)
PLUMBING CONTRACTOR'S LICENSE
9. (1) The applicant for a License as a Plumbing Contractor shall make application for such license to the Inspector in writing;
(2) The application shall contain the following information:
(a) If the applicant is a natural person, his name, business location and business mailing address and if he holds a license as a Journeyman Plumber with Interprovincial qualification, the number thereof; (Amended 1995/07/24; #1353)
(b) If the applicant is a firm or partnership, the name and address and occupation of each of its partners, its business location and business mailing address; (Amended 1995/07/24; #1353)
(c) If the applicant is a company or a corporation, the name, address and occupation of its President, Secretary, Treasurer and each of its directors; the registered office of the company or corporation, its business location and business mailing address; and (Amended 1995/07/24; #1353)
(d) The name and license number of the Journeyman Plumber with Interprovincial Qualification who will perform, manage and supervise the plumbing work or business of or for any natural person, partnership, company or corporation.
10. The fee for a license as a Plumbing Contractor and every renewal thereof shall be established by Council and shall be paid in respect of the first license as provided in Section 9 hereof and thereafter on the renewal of a license.”
(Amended 2012/06/04; #1557)
11. No person shall be granted a License as a Plumbing Contractor unless he:
(a) is a Journeyman Plumber with Interprovincial Qualification, with at least two years experience as a Journeyman, or employs a Journeyman Plumber with such qualifications as manager of his plumbing department, which manager shall supervise or manage and have performed under his direction all plumbing work and all installations of plumbing systems being performed by his employer in accordance with this By-Law and it shall be the duty of such Journeyman Plumber to contact the Inspector or be contacted by him in respect of any matter relating thereto or arising thereout;
(b) has paid the proper license fee;
(c) has agreed in writing as a condition of receiving the license:
(i) to comply with this By-Law, and
(ii) to meet such other reasonable requirements and qualifications as the Inspector deems necessary or desirable.
12. Notwithstanding any provision of this By-Law, a Master Plumber licensed by the Council prior to the enactment of this By-Law shall be treated for all purposes as a Journeyman Plumber with Interprovincial Qualification.
13. When the conditions for the issuance of a license as a Plumbing Contractor as herein contained have been complied with, the inspector shall issue a license to the applicant.
14. For the purpose of this By-Law, the City shall be deemed to be a Plumbing Contractor and shall be exempt from the payment of any fees under this By-Law.
15. A Plumbing Contractor shall cause his or its license and that of the Journeyman Plumber with Interprovincial Qualification owning, managing or supervising his or its plumbing business or plumbing work to be displayed in a conspicuous place at his or its registered place of business.
LICENSES - GENERAL
16. Every license issued pursuant to and in accordance with this By-Law shall be valid and fully effective from the date of issue thereof for a period of 12 months and is not transferrable. (Amended 2008/07/28; #1517)
17. If the holder of any license requests the Inspector to renew the same and pays
(a) the annual fee prescribed by this By-Law in respect of any license to the Council in the time limited by this By-Law for payment thereof, and
(b) is not then in violation of any of the provisions of this By-Law,
then the Inspector shall issue a renewal of such license to such holder.
18. If any license is not renewed each and every year in accordance with Section 17 hereof, and the holder thereof desires to obtain such license, he must make application therefore in the manner herein provided for the issue of a first license of the class of the license not renewed.
19. Where there is to be an appeal from the Inspector's decision with respect to the issuance or revocation of a License, such appeal may be made to the Council.
PERMITS
20. (1) The applicant for a permit to be issued under this By-Law shall forward the same to the Inspector in writing and shall describe and specify in sufficient detail to enable the Inspector to make a decision in respect thereof:
(a) the plumbing work and plumbing system proposed to be done and installed together with the materials and apparatus to be used in connection therewith;
(b) the number, size, kind and weight of all piping, traps and fittings, together with a description of all water closets and other fixtures;
(c) the street address and number, if any, of the building, or place in, upon or in connection with which the plumbing work is to be done or made or the plumbing system installed and the name of the owner or occupant for whom such plumbing work is to be performed or plumbing system installed.
(d) the cost of materials and labour associated with the plumbing work proposed. (Amended 2007/12/17; #1512)
(2) The Inspector may if he deems necessary or desirable require that such application shall be accompanied by a plan legibly drawn to an approved scale showing the proposed plumbing system and drainage system and the location of the building with reference to the drain or sewer and any other relevant information.
(3) No permit shall be issued to any person
(a) unless he is the holder of a valid license as a Plumbing Contractor issued pursuant to and in accordance with this By-Law; and
(b) until the prescribed fee has been paid to the Council.
21. Where upon examination of the application and the building where or upon which the plumbing system is to be installed or the plumbing work performed, the Inspector is satisfied that
(a) the proposed plumbing work and plumbing system set out in the application conforms with this By-Law and all other applicable laws, and
(b) the required fee has been paid
he shall issue the permit for which application is made.
22. The Inspector shall grant or refuse to grant a permit and so notify the applicant within five (5) days after he has received the application therefor and all other information he acquires in respect thereof.
23. A permit shall expire,
(a) in the case of reconstruction, alteration, renewal or repair to old plumbing systems, after the expiration of six months from the date of its issue; and
(b) in the case of work in a new building, on the termination of the construction thereof.
24. Repealed February 16, 1998 (Amended 1998/02/16; #1400)
25. If an applicant for a permit has previously breached any of the provisions of this By-Law, the Inspector may refuse to issue the permit or refuse to issue the permit until such breach has been remedied.
26. Where a permit has been issued, no change, alteration or deviation shall be made from the plan and specifications relating to the plumbing system in respect of which the permit was issued without first making an application to the Inspector and obtaining a permit from the Inspector for such change, alteration or deviation, which application shall be made in the manner prescribed in Section 20 hereof.
27. (1) Neither the issuing of a permit to do plumbing work, nor the approval of any accompanying plans and descriptions, nor any inspection or inspections made by an Inspector pursuant to and in accordance with this By-Law shall release any Plumbing Contractor from the obligations to have the plumbing work done and the plumbing system installed in full compliance with this By-Law.
(2) Neither the City nor any inspector shall by reason of having carried out any inspection of any plumbing work or the installation of any plumbing system in accordance with this By-Law be liable for any loss or damage howsoever arising out of the installation, execution, operation or performance of the plumbing work or plumbing system inspected.
28. Repealed August 9, 2004 (Amended 2004/08/09; #1473)
28.1 Notwithstanding any other provision of this By-Law any person who owes outstanding fines to the City of St. John’s for a by-law or regulatory violation for which he has been convicted shall not be entitled to a license or permit issued pursuant to this By-Law until such time as all such outstanding fines have been paid and proof of payment, in a form acceptable to the Inspector, has been provided to the Inspector. (Amended 2008/07/28; #1515)
NATIONAL BUILDING CODE
29. The National Plumbing Code of Canada, 2020, any Supplements to The National Plumbing Code of Canada, 2020 and the Administrative Requirements for use with the National Plumbing Code of Canada, 2020 are hereby declared to be and shall be taken as part and parcel of this By-Law from the date of the passing of this By-Law in respect of any plumbing system installed or to be installed and used in connection with any building hereafter erected or in respect of any renewal or major alteration of any plumbing system installed and used in connection with any buildings heretofore erected as if the same were repeated herein in full. Provided that if any section or part thereof of the said Code and Supplements shall conflict with any other section of this By-Law, then the provisions of the said Code and Supplements shall prevail.
(Amended 2011/04/18; #1544); (Amended 2018/05/14; #1613); (Amended 2023/04/03; #1658)
INSPECTION OF PLUMBING
30. Every owner or occupier of any building must get a certificate from the Inspector before any plumbing system or any part thereof including any fixtures used in connection therewith is put into use.
(1) Notwithstanding section (30), the Deputy City Manager or designate may, where they consider it necessary or expedient, accept certification from a licensed plumbing contractor, or a mechanical engineer that the work has been performed in accordance with all the requirements of this By-Law and the provisions of all other laws, rules and regulations applicable thereto. Upon receipt of such certification, in a form acceptable to the Deputy City Manager or designate, the Deputy City Manager or designate shall authorize the use of the plumbing system or any part thereof.
(Amended 2024/07/09; #1664)
30.1 (1) Requests for inspections made under this By-Law shall be made at least two City of St. John’s working days prior to the day required.
(Amended 2006/02/20; #1487)
(2) A fee of One Hundred Dollars ($100.00) may be imposed upon the Plumbing Contractor and/or the property owner if the Inspector is required to re-inspect plumbing work because the work was not completed properly or previously noted deficiencies were not corrected. (Amended 2006/02/20; #1487)
31. (1) The Inspector shall inspect all plumbing work and plumbing systems and every part thereof during the course of work and after completion, and if the same has been performed or installed in accordance with all requirements of this By-Law and the provisions of all other laws, rules and regulations applicable thereto, the Inspector shall issue a certificate certifying that he has inspected it and that it complies with this By-Law;
(2) If on such inspection the Inspector finds that the plumbing work and plumbing system or any part thereof has not been performed or installed in accordance with this By-Law and any other applicable laws he shall notify the Plumbing Contractor performing the plumbing work or installing the plumbing system of the deficiencies and when such deficiencies have been remedied the Plumbing Contractor shall request that the Inspector again inspect the plumbing work and plumbing system and if it is then found to have been performed in accordance with this By-Law or any other applicable laws he shall issue the certificate referred to in Subsection (1) of this Section.
32. For the purposes of inspection under this By-Law all plumbing work and plumbing systems shall be left uncovered and convenient for examination and tests until it has been inspected, tested and approved by the Inspector.
33. When any plumbing system or part thereof or any plumbing work relating thereto is covered before being inspected, tested and approved as herein provided it shall be uncovered at the cost of the Plumbing Contractor under the direction of the Inspector.
34. The Council shall have power of itself or through its employees to enter into or upon any and all land and into and upon any building for the purpose of carrying out any of the provisions of this By-Law provided always that the entrance to any private residence shall be limited to the hours between 10:00 a.m. and 4:00 p.m.
35. Neither the Council nor any employees thereof shall be liable for any damages arising out of the entry referred to in Section 34 hereof except such as may be caused by wilful misconduct or gross negligence of the Council or such employees.
36. Every Plumbing Contractor who shall himself or by his employees install the plumbing system in any building or carry out plumbing work in connection therewith within the City limits or make an extension to the pipes or fixtures supplied by or attached to the pipes or mains of the City, shall within eight days after the same shall be completed make application to the Inspector, for the inspection of the plumbing system and plumbing work carried out in connection therewith and shall furnish all equipment, material, power and labour that is considered necessary by the Inspector for such testing.
37. (a) It shall be the duty of the Plumbing Contractor to notify the Inspector when any plumbing system or plumbing work is ready for inspection and such inspection shall be made within two (2) working days after receipt of such notice;
(b) For the purposes of this Section, any notice filed after twelve o'clock noon on one day shall not be effective or deemed to be made or given until the commencement of business on the working day for an Inspector next following such filing.
38. A Journeyman Plumber shall be present on the job when the Inspector is making his tests.
39. (1) The Inspector may from time to time, whenever he thinks it advisable, but not more often than once in any one year, require a new test to be applied to any plumbing system and the owner shall be required to arrange with a Plumbing Contractor to perform such tests and Sections 31 to 38 shall mutatis mutantis apply to such new test.
(2) The Inspector may, at the request of the owner or any person having an Interest in respect of any building, cause a special inspection to be made of the plumbing system of such building and for each such special inspection the owner or person making the request shall at the discretion of the Inspector, be charged and pay the fee for special inspection set forth in Schedule A.
40. (1) Subject to Subsections 2, 3 and 4 hereof, water shall not be supplied to any premises until application therefore has been made by the plumbing contractor to the Inspector which application shall be made forthwith following the issue of an occupancy permit by the Building Inspector or the Council in accordance with the Act and a certificate by the Inspector pursuant to Section 31 hereof in respect of the said premises;
(2) Water may be supplied to any premises
(a) upon the application of the owner, and
(b) upon the owner's satisfying the Inspector that the Plumbing Contractor unreasonably refuses to make the application referred to in Subsection (l) of this Section 40, and
(c) upon the owner agreeing to indemnify the City and its employees against any damages caused to the said premises by reason of the water being supplied thereto on the application of the owner.
(3) Water may be supplied to any premises on a temporary basis from time to time and for a specified period or periods during the construction thereof for heating, construction or other approved purposes upon the issue of a certificate by the Inspector permitting such supply.
(4) Water may be supplied to an existing occupied building into which a new plumbing system has been installed upon the issuance of a certificate by the Inspector permitting such supply.
DEFECTIVE INSTALLATION
41. The Inspector shall have the power to inspect any plumbing system or plumbing work and, if the same or any part thereof is found to be defective, he may condemn the use thereof in whole or in part or give the owner or the person using the same a limited time in which to replace, alter or repair such plumbing system or plumbing work.
42. If the use of any plumbing work or plumbing system which is condemned is not discontinued forthwith or if the defective plumbing work or plumbing system or part thereof is not replaced, altered or repaired within the time limited by the Inspector for so doing, the Inspector may, upon giving the owner or person using the same, twenty-four (24) hours notice of his intention so to do, discontinue or cause the City to discontinue the supply of water to such plumbing system, in addition to any other penalty herein provided for such failure to discontinue, replace, alter or repair, without him or the City being liable for any damages caused thereby except such as may be caused by his wilful misconduct or gross negligence.
DRAINS AND SEWERS
43. The connection between the building drain and the building sewer shall be made not less than three (3) feet outside the foundation wall of a building with a fitting approved by the Inspector.
44. Old building sewers or old building drains or both may be used in connection with new buildings or new plumbing systems if they are found on examination and test by the Inspector to conform in all respects to this By-Law or any other laws, by-laws, rules, regulations or requirements governing new sewers or drains.
45. (a) All excavations for sewers or drains shall be by open cut from the surface unless tunnelling is permitted by the City Engineer in the light of any special circumstances;
(b) Where tunnelling is permitted as aforesaid it shall not, except as otherwise provided by the Act, exceed six (6) feet in length; and all such trenches and tunnels shall be kept open until the piping has been inspected and approved.
46. Whenever possible all building drains shall be brought into the building below the basement or cellar floor and
(a) shall run as direct as practical to the sewer of the City;
(b) all necessary changes of direction shall be made with fittings approved by the Inspector, and shall be made with "Y" branches and one eighth and one sixteenth bends.
(c) where a backwater valve is installed, an access to same shall be provided.
(Amended 2010/03/22/; #1537)
47. All sewers and drains shall be laid at sufficient depth to protect them from frost.
GENERAL
48. Notwithstanding anything to the contrary contained in this by-law, the Council may permit:
(a) One house sewer and one house drain; and
(b) One water service pipe in each case of a size to be determined by the Inspector to be installed and connected with and used by a building comprising two or more separate family housing units (hereinafter called "the housing units" or a property divided into separate units with common elements in accordance with the provisions of the Condominium Act (hereinafter called "the Condominium Units") provided that:
(i) Each housing unit is or is to be rented and not to be sold until the owner of the building in which it is located has complied with the provisions of sub-paragraph (ii) of paragraph (d) of this Section 48;
(ii) the owner of the building in which such housing units are located, or the Condominium Corporation created by Section 13 of the Condominium Act in respect of the Condominium Units into which a property is divided as aforesaid shall, at his or its cost and expense at all times maintain, repair and so often as necessary renew the said house sewer, house drain and water service pipes and all matters and things ancillary thereto to the satisfaction of the Inspector, and
(iii) the owner of the building in which such housing units are located shall, before selling any such housing units, install a separate house sewer, house drain and water service pipe to and for the use of the housing unit being sold, unless such housing unit is a Condominium Unit.
(c) The size of the said house sewer, house drain and water service pipe as the case may be shall be determined by the Inspector.
49. Notwithstanding anything to the contrary herein contained
(a) All water supply pipes and fittings in any plumbing system shall be of lead, galvanized wrought iron and galvanized steel, brass, copper or cast iron, and no pipe or fittings which have been or are being used for any other purposes shall be used for distributing potable water.
(b) All drainage, waste and vent pipes and fittings in any plumbing system shall be of cast iron, copper, galvanized iron, galvanized steel, lead, acrylonitrilebutadiene-styrene (A.B.S.) or polyvinyl-chloride (P.V.C.) provided that:
(i) galvanized steel and galvanized iron shall not be used underground;
(ii) drainage, waste and vent pipes and fitting materials of a different material than that specified in paragraph (b) of Section 49 of this By-Law may only be used subject to the prior written consent of the Inspector, and
(iii) every waste pipe and trap connected thereto which is used to carry waste that is corrosive shall be of a material capable of withstanding any corrosion caused thereby and must be approved by the Inspector before being used.
(c) New materials, not included in materials named in this Section may from time to time be considered for approval for use in any plumbing systems by the City Engineer.
50. The water supply to outbuildings or any other like buildings or any open area must conform in all respects with the requirements of this By-Law and be approved by the Inspector.
51. Only flushometers approved by the Inspector shall be installed in any building and the installation and size of pipe thereof shall be subject to the approval of the Inspector.
52. Septic tanks, where so permitted by the Act, may be installed and used upon such terms and conditions as the Council may impose.
53. Every water supply system shall be provided with sufficient space immediately after the main stop valve for the installation of a water meter, and
(1) where the water service occurs in a finished area, the service, where it is practical, shall be continued without branch connections to an open area, such as a furnace room or storage room for easy access, otherwise, adequate space and access shall be provided to house the meter in the finished area;
(2) when the pipe size is 2" and over, all necessary flanges to accommodate such meter and a properly valved by-pass shall be installed.
APPEALS
54. (1) Any person whose license has been cancelled or is otherwise aggrieved by any decision of the Inspector may appeal therefrom to the Council, by filing with the Council a notice in writing of such appeal within ten (10) days after the decision being appealed against was rendered. Such notice shall be filed with the Council by delivering it in person to the City Clerk, City Hall, St. John's, or in his absence the Assistant City Clerk.
(2) The notice referred to in subsection (1) hereof shall contain all the material facts relating to the matter in dispute; the decision of the Inspector and the grounds for appealing against that decision, and a copy thereof shall be served on the Inspector not later than three (3) days after the original has been filed with the Council.
PENALTIES
55. Any license issued pursuant to this By-Law may be cancelled at any time by the Inspector if the holder thereof has contravened or failed to observe or comply with the provisions of this By-Law, the Land Use Zoning and Subdivision Regulations, or the Act or makes any misrepresentation or omits to give full information to the Inspector. (Amended 2007/24/95; #1353)
56. (1) In addition to the penalty provided by Section 55 hereof any person who contravenes the provisions of this By-Law shall be guilty of an offence and liable upon summary conviction to a penalty as provided for in Section 403 of the City of St. John’s Act, or where a violation notice is issued, to a penalty as provided for in Section 403.2 of the City of St. John’s Act.
(Amended 2007/11/05; #1508)
(2) For the purposes of this Section, each day that any person contravenes or fails to comply with any provision of this By-Law shall constitute a separate offence.
57. (1) The St. John's Plumbing By-Law, passed by the St. John's Municipal Council on the 14th day of May, A.D., 1975 and all amendments thereto are hereby repealed.
(2) Notwithstanding sub-section 1 hereof, all permits and licenses in effect at the date of passage of this By-Law and all notices outstanding shall be continued as though issued under this By-Law.
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