§ 2174. Municipal rules and regulations; municipal inspections
(a) The legislative body may establish inspection procedures and appoint trained, qualified
master plumbers to conduct municipal inspections. If the Board determines that the
inspection procedures, training, and qualifications of the municipal plumbing inspectors
are sufficient, the Commissioner may assign the responsibility to inspect plumbing
installations within the municipality to the municipality. Municipal inspection standards
shall be, at a minimum, equal to State standards. Municipal standards may exceed State
standards with approval of the Board. Municipal standards shall not prohibit implementation
of 18 V.S.A. chapter 40. An assignment of responsibility under this subsection shall
not affect the authority of the Board or the Commissioner under this subchapter.
(b) Inspection procedures, including the issuance of work notices, shall be the same as
for State plumbing inspections. A municipal inspector shall have the authority to
enter a premises to carry out inspection responsibilities in accordance with the rules
and procedures established by the Board. The legislative body may also establish reasonable
fees for inspections, which shall be in lieu of fees charged by the State.
(c) If, after inspection of the plumbing installation, a violation of the rules of the
Board or the inspection procedures of the municipality is found, a municipal inspector
may:
(1) Issue an order directing the plumber of record or the owner of the premises in which
the violation is found to correct or remove the violation.
(2) Invalidate the work permit.
(3) Pursue disciplinary procedures under section 2178 of this chapter.
(d) A person aggrieved by an action of a municipal inspector or municipality under subsection
(c) of this section may appeal to the Commissioner by filing a written application
for a hearing with the Commissioner within 15 days after receiving written notice
of the action. A person filing an application under this subsection shall be entitled
to notice and an opportunity for a hearing before the Commissioner within 45 days.
Within 30 days after the hearing, the Commissioner shall issue an order amending,
modifying, or affirming the action by the municipal inspector or municipality.
(e) Municipal inspectors shall participate in training provided by the Department of Public
Safety. The Department of Public Safety shall also provide continuing consultation,
review, and assistance to municipal inspectors.
(f) The Commissioner or the Board may revoke an assignment of responsibility to a municipality
granted under this section if the Commissioner or the Board determines that the training
or qualifications of the municipal inspectors or the inspection procedure adopted
by the legislative body is insufficient. (Added 1959, No. 215, § 4, eff. June 2, 1959; amended 1967, No. 295 (Adj. Sess.), § 7, eff. March 20, 1968; 1979, No. 122 (Adj. Sess.), § 2; 1987, No. 268 (Adj. Sess.), § 7, eff. June 21, 1988; 1993, No. 176 (Adj. Sess.), § 4; 2005, No. 8, § 12, eff. April 25, 2005; 2017, No. 127 (Adj. Sess.), § 3.)