§ 3.303. Administration and enforcement.

(a)

In General. The authority having jurisdiction shall:

(1)

Administer and enforce the Howard County Plumbing and Gasfitting Code;

(2)

Adopt regulations concerning the administration and enforcement of the Plumbing and Gasfitting Code and work done pursuant to that code; and

(3)

Submit regulations to the Plumbing Advisory Board for review and comment prior to adoption of the regulations.

(b)

Inspection of Work.

(1)

During construction and upon completion, the authority having jurisdiction shall inspect all plumbing, gasfitting, and on-site utility work for which a permit is issued and may inspect all plumbing or gasfitting work conducted pursuant to subsection 3.301(d)(2).

(2)

It shall be the duty of the holder of the plumbing permit or their duly authorized agent to notify the authority having jurisdiction when the work is ready for inspection. It shall be the duty of the holder of the plumbing permit or their duly authorized agent to provide access to and means for inspection of work as required by this subtitle.

(3)

Except for a temporary cover placed pending inspection in order to avoid the possibility of injury or accident, a person shall not cover or enclose from view any portion of plumbing, gasfitting, or on-site utility work under permit or work conducted under subsection 3.301(d)(2) of this subtitle before the authority having jurisdiction has inspected and approved the work.

(4)

The authority having jurisdiction shall prepare a written report of all inspections and shall maintain all reports on file.

(c)

Stop Work Order. A stop work order shall be administered as set forth in section 115 of the Howard County Building Code.

(d)

Certificate in Lieu of Inspection. Instead of an inspection, the authority having jurisdiction may accept a certificate from a qualified and registered professional engineer that work performed under the personal supervision and control of the engineer is in accordance with the provisions of the Howard County Plumbing and Gasfitting Code. The authority having jurisdiction shall issue written acceptance of the certificate in lieu of an inspection and shall keep the certificate and written acceptance on file.

(e)

Right of Entry.

(1)

Inspections. The authority having jurisdiction shall have a right of entry at reasonable times solely for the purpose of performing an inspection in accordance with the provisions of this subtitle.

(2)

Emergency right of entry. In addition to an inspection authorized by this section, the authority having jurisdiction shall have the right to enter a building, structure, or premises where there is evidence that an actual or potential emergency exists which threatens or may threaten the public health and safety for the purpose of performing duties pursuant to this subtitle or to enforce the provisions of this subtitle. The authority having jurisdiction or their authorized representative shall produce appropriate proof of identity prior to entry.

(f)

Violations.

(1)

Unlawful acts. A person, firm, or corporation shall not perform any plumbing, gasfitting, or on-site utility contractor work, or cause the same to be performed, in conflict with or in violation of any of the provisions of this subtitle.

(2)

Notice of violation. The authority having jurisdiction is authorized to serve a notice of violation or order on a person performing work which is regulated by this subtitle. A notice shall direct that the illegal action or condition be discontinued, shall direct the abatement of the violation, and shall set a reasonable time for abatement.

(3)

Prosecution of violation. If the notice of violation is not complied with within the time set forth in the notice, the authority having jurisdiction is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct, or abate the violation, to require the removal or termination of the violation, and to criminally prosecute the permit holder.

(4)

Penalties.

(i)

Criminal penalties. A person, firm or corporation, or other entity which individually, collectively, or through others, constructs, erects, alters, or repairs any plumbing, gasfitting, or on-site utility work in violation of any provision of this subtitle is guilty of a misdemeanor and, upon conviction, is subject to a fine, not exceeding $1,000.00, or imprisonment, not exceeding 30 days, or both.

(ii)

Civil penalties. Alternatively, and in addition to and concurrent with all other remedies, the authority having jurisdiction may enforce the provisions of this subtitle with civil penalties, as provided in title 24, "Civil Penalties", of the Howard County Code. Except for a violation of section 3.304, a first violation of a provision of this subtitle is a Class C offense. Except for a violation of section 3.304, a subsequent violation of a provision of this subtitle is a Class B offense. A first or subsequent violation of section 3.304 is a Class A offense. Each day that a violation continues is a separate offense.

(C.B. 54, 2004; C.B. 70, 2006, §§ 1, 2; C.B. 5, 2010, § 3)