§ 2175. Work notice; fees; enforcement; appeals; penalties
(a) Work in installations subject to the rules of the Board shall not commence until a work notice has been received and validated by the Department of Public Safety. The following schedule of work notice fees shall be paid to the Commissioner or a designated representative prior to the validation of a work notice.
(1) For all plumbing work, identified as a priority for inspection and review under subsection 2173(b) of this title, the fee shall be:
(A) $10.00 for each plumbing fixture described as a washing machine, dishwasher, grease trap, oil interceptor, sand interceptor, sewage ejector pump, water closet, urinal, bidet, disposal, drinking fountain, water cooler, lavatory, bathtub, shower, sink, hose bib, floor drain, or similar device. The total shall not be less than $50.00.
(B) $15.00 for each plumbing fixture described as a water heater, hydronic heating unit, domestic hot water coil, or water treatment device.
(2) For all plumbing work, not identified as a priority for inspection and review under subsection 2173(b) of this title, the fee shall be $50.00.
(3) At the discretion of the Commissioner, whenever an owner or licensed plumber requests for the owner's or licensed plumber's benefit that an inspection be made outside the normal working hours, all fees payable by the owner under this section shall be paid in an amount twice that indicated under this section.
(b) If the Commissioner or designee finds a violation of the rules adopted under this chapter, the Commissioner or designee may:
(1) Order the owner of the premises in which the violation is found or the owner's agent or the person performing the work to correct or remove the violation.
(2) Invalidate a work notice or issue a cease and desist order, or both.
(3) Order any public water and sewerage company or to any private party furnishing water to such installation not to connect or to disconnect water service or sewer service, or both, from all or a portion of the premises until the violation is removed or corrected.
(4) Order any company supplying fuel service to the premises to disconnect the fuel supply until the cited violation has been removed or corrected.
(5) Issue an administrative citation.
(6) Pursue any combination of options under this subsection.
(c) Any person aggrieved under this chapter may request the Commissioner to reconsider the refusal or order. A request for reconsideration shall be made in writing and filed with the Commissioner within 15 days after receipt of the written order or notice of refusal. Within 30 days of receipt of the request for reconsideration, the Commissioner shall review the refusal or order and shall issue an order amending, modifying, or affirming the original refusal or order. A person aggrieved by the Commissioner's decision under this section may appeal to the Superior Court in the district in which the violation occurred. The court shall hear the matter de novo.
(d) The Commissioner may after notice and an opportunity for hearing, assess an administrative penalty of not more than $1,000.00 per violation against a person, licensed or unlicensed, who violates this chapter, or any order lawfully issued under this chapter. Penalties assessed shall be related to the severity of the violation.
(e) On application by the Commissioner, the Superior Court in the county in which a violation occurs may issue an order enjoining or restraining the violation. An election by the Commissioner to proceed under this subsection shall not limit or restrict the Commissioner's authority to assess an administrative penalty under subsection (d) of this section.
(f) Violation of any rule adopted under this subchapter shall be prima facie evidence of negligence in any civil action for damages that results from the violation. (1959, No. 215, § 5, eff. June 2, 1959; amended 1969, No. 84, § 1, eff. April 18, 1969; 1979, No. 122 (Adj. Sess.), § 3; 1993, No. 176 (Adj. Sess.), § 5; 1999, No. 49, § 146; 2005, No. 8, § 13, eff. April 25, 2005; 2009, No. 134 (Adj. Sess.), § 7, eff. May 29, 2010.)