§ 2173. Rules adopted by the Board

(a) The Plumber’s Examining Board may, pursuant to the Administrative Procedure Act, make and revise such plumbing rules as necessary for protection of the public health, except that no rule of the Board may require the installation or maintenance of a water heater at a minimum temperature. To the extent that a rule of the Board conflicts with this subsection or with 18 Vt. Stat. Ann. chapter 40, that rule shall be invalid and unenforceable. The rules shall be in effect in every city, village, and town having a public water system or public sewerage system and apply to all premises connected to the systems and all public buildings containing plumbing or water treatment and heating specialties whether they are connected to a public water or sewerage system. The local board of health and the Commissioner of Public Safety shall each have authority to enforce these rules. The rules shall be limited to minimum performance standards reasonably necessary for the protection of the public against accepted health hazards and shall be consistent with any minimum efficiency standards for plumbing fixtures adopted under 9 Vt. Stat. Ann. chapter 74. The Board may, if it finds it practicable to do so, adopt the provisions of a nationally recognized plumbing code and as needed shall adopt a Vermont-specific amendment to the adopted code to ensure that it is consistent with any minimum efficiency standards for plumbing fixtures adopted under 9 Vt. Stat. Ann. chapter 74.

(b) The Commissioner shall make rules and adopt procedures and priorities for inspections and enforcement. Installations regulated by the Board shall be inspected by a State plumbing inspector. The Commissioner may set priorities based on consideration of health risks to persons and property, type and size of the building, and the complexity and size of the installation or job.

(c) The Commissioner or any State plumbing inspector designated by the Commissioner shall have the authority to enter any premises in which an installation subject to the rules of the Board is being or has been installed, replaced, or repaired for the purpose of performing inspections necessary to carry out inspection responsibilities under this subchapter. If the owner or occupant of the premises refuses entry, the Commissioner may apply to any Superior Court to issue an order enforcing the right of entry. (Added 1959, No. 215, § 3, eff. June 2, 1959; amended 1979, No. 122 (Adj. Sess.), § 1; 1987, No. 268 (Adj. Sess.), § 6, eff. June 21, 1988; 1993, No. 176 (Adj. Sess.), § 3; 2005, No. 8, § 11, eff. April 25, 2005; 2007, No. 92 (Adj. Sess.), § 10a; 2017, No. 127 (Adj. Sess.), § 2; 2017, No. 139 (Adj. Sess.), § 7.)