Chapter 14.46 — BUILDING SEWER INSPECTIONS

Unless the context indicates otherwise, the following definitions apply to the use of the following terms for the purposes of this chapter:

Building Sewer Lateral Inspection. An inspection of a Building Sewer Lateral that consists of the retention of a licensed plumber (as certified under Section 14.46.050) by the Owner in order to visually examine and inspect a Building Sewer Lateral in the manner deemed appropriate by the City Public Works Director. Such an inspection shall, at a minimum, include the use of a closedcircuit television inspection device for the purposes of determining whether the Building Sewer Lateral complies with the requirements of this chapter, the Regulation adopted under Section 14.46.080, and any applicable state laws.

Building Sewer Lateral. The pipes and other facilities connecting a premises to a public sewer for the purpose of conveying domestic sewage and/or industrial liquid waste, including that portion extending into the public street or right-of-way and the point of connection to the public sewer. As used in this chapter, a Building Sewer Lateral also includes the pipes and facilities that connect a premises to an approved private sewage disposal system.

Commercial Property. Any real property used for commercial, industrial or mixed commercial and residential purposes.

Common Interest Development. A residential development characterized by individual ownership of a condominium housing unit or a residential parcel coupled with the shared ownership of (or right to use) common areas and facilities, including, but not limited to, condominium projects, community apartment projects, stock cooperatives and planned unit developments, which contains three or more dwelling units and which has a Building Sewer Lateral shared by three more dwelling units.

Multi-Unit Rental Development. A residential development, other than a common interest development, having three or more units connected to a common sewer lateral.

Notice to Repair. The notice issued by the City Public Works Director to the Owner advising that the Owner appears to be in violation of the Santa Barbara Municipal Code with respect to the Owner's Building Sewer Lateral, or in violation of the Code in the manner of the Building Sewer Lateral's connection to the City sewer system, which order directs the abatement of the identified apparent violation in a timely manner.

Owner. Any person, partnership, association, corporation or fiduciary having an ownership interest in real property situated within the City. Owner includes a homeowner's association or similar organization of a common interest development. Owner includes multiple owners jointly and individually.

Septic Tank. As the term is defined in Section 14.34.020.

Sewer Lateral Connection. That portion of the Building Sewer Lateral that connects to the public sewer main, commonly using a tee, wye, or saddle. (Ord. 5396, 2006; Ord. 6002, 2021)

§ 14.46.020. Maintenance of Building Sewer Laterals and Private Sewage Disposal Systems.

• A. An Owner is responsible, at the Owner's cost, for all preventative and corrective maintenance activities for the building sewer lateral serving the Owner's premises, up to and including the sewer lateral connection to the public sewer, including periodic video inspection, testing, cleaning, repair and replacement.

• B. An Owner shall maintain each Building Sewer Lateral serving the Owner's premises in good working condition, free of displaced joints, open joints, root intrusion, substantial deterioration of the line, cracks, leaks, infiltration, grease and sediment deposits, or conditions likely to cause or increase the likelihood for blockage of the Building Sewer Lateral.

• C. An Owner of a premises served by a private sewage disposal system shall maintain the system to be free of deterioration, corrosion, damage, disposal failure or any other condition likely to increase likelihood of failure of the system.

The maintenance obligation imposed by this section shall be in addition to and supplemental of the general private sewer system maintenance obligations imposed by Section 14.44.160 of this Code.

(Ord. 5396, 2006; Ord. 6002, 2021)

The Public Works Director is authorized to inspect, measure, sample, and test any Building Sewer Lateral, and the contents thereof, in use within the City and connected to the City sewer system for the following purposes:

• A. To determine the size, depth, location, and condition of any sewer connection or building sewer lateral;

• B. To determine the end outlet of any sewer connection or building sewer lateral;

• C. To determine the quantity and nature of the sewage;

• D. To determine the location of the roof, swimming pool, floor and surface drains, and whether or not they physically connect to a sewer.

This section does not authorize City personnel to enter a building or other apparently private or interior area of a premises, except by permission of the owner or occupant or as otherwise authorized by law.

(Ord. 5396, 2006; Ord. 6002, 2021)

• A. Health and safety basis for requiring a building sewer lateral inspection. An Owner shall have the Building Sewer Lateral of his or her real property inspected in accordance with the requirements of this chapter (as directed and within the time period indicated by the Public Works Director) upon the occurrence of any of the following events:

  1. Overflow or Malfunction. Whenever the Public Works Director has sufficient evidence (as determined by the Director) that the Building Sewer Lateral has recently overflowed or has recently malfunctioned;

  2. Lateral Failure or Lack of Maintenance. Whenever, based on sewer system inspection or testing conducted by the City of either the Building Sewer Lateral or the City's public sewer system, the Public Works Director finds that there is sufficient evidence to conclude that the Building Sewer Lateral has failed, is likely to fail, or has not been properly maintained as required by Section 14.46.020;

  3. Public Health Threat. Upon any other reasonable cause to believe that there is a threat to the public health, safety, or welfare due to the condition of a Building Sewer Lateral.

• B. Events requiring a building sewer lateral inspection residential properties. An Owner shall have the Building Sewer Lateral of his or her residential Property inspected in accordance with the requirements of this chapter upon the occurrence of any of the following events:

  1. Home Additions. Prior to the issuance of a City building permit for a residential building addition or new improvements on the real property in excess of 400 square feet of habitable space as that phrase is defined in the California Building Code as adopted and amended by the City;

  2. New Plumbing Fixtures. Prior to the issuance of a City building permit for two or more new plumbing fixtures attached to the Building Sewer Lateral upon the residential Property. For the purposes of this Section, the phrase "new plumbing fixtures" shall refer only to an increase in the number of plumbing fixtures in use on the real property prior to the application for a building permit for the "new" plumbing fixtures.

• C. Schedule for lateral inspections - commercial property, common interest developments, multi-unit rental developments. In addition to any inspection that may be required under subsection A of this section, the owner of commercial property, a common interest development, or a multi-unit rental development shall have the building sewer lateral or laterals serving the owner's property inspected in accordance with the requirements of this chapter once every 15 years according to a schedule established by the Public Works Director commencing as of January 1, 2007.

• D. Exception to inspection for recent prior inspections and repairs. The following are exceptions to the Inspection requirements of subsections B and C above:

1. Prior Replacement of Building Sewer Lateral. An inspection is not required under subsection B if the building sewer lateral serving the premises has been originally installed or replaced within 20 years of the date of the application for building permit.

   2. Prior Inspection or Repair of a Building Sewer Lateral. An inspection is not required under subsection B of this section if a remedial inspection showing the building sewer lateral to be in good repair was conducted in accordance with this chapter within the three years prior to the date the inspection would otherwise be required. The period for mandatory inspection under subsection C will be reset and start anew whenever a remedial inspection for a premises is conducted and repairs to the building sewer lateral are made as required by this Code.

(Ord. 5396, 2006; Ord. 5451, 2008; Ord. 6002, 2021)

• A. Inspection report standards. The Building Sewer Inspection Reports required by this chapter shall be prepared in accordance with the following requirements and specifications:

  1. The Inspection Report shall be prepared by a licensed plumber;

  2. The Inspection Report shall identify all of the following:

     • a. Any of the following conditions: displaced joints, open joints, root intrusion, substantial deterioration of the line, cracks, leaks, inflow or infiltration of extraneous water, root intrusion, grease and sediment deposits or other conditions likely to increase the chance for blockage of the Building Sewer.

     • b. Whether any connection, by pipes or otherwise, allows rainwater or groundwater to enter the Building Sewer or public sewer.

     • c. Whether the Building Sewer has an installed backwater device where any outlet or trap of the Building Sewer is below the level of the nearest manhole. If a backwater device is already installed, the report shall indicate whether the backwater device is functioning properly.

     • d. Where the Building Sewer includes a Septic Tank, the report shall identify the extent to which the Septic Tank is deteriorated, corroded, damaged, whether the disposal field has failed or any other relevant deficiency.

  3. The Inspection Report shall contain an express certification from the certified inspector that the property has been inspected for any outdoor drain connection to the City sewer system and that no such unpermitted connection is present. It shall also contain either a videotape or DVD of the video inspection of the Building Sewer Lateral in a format acceptable to the City, as established by the City regulations.

• B. Compliance with regulations. The Inspection Report shall, in all other aspects, comply with the requirements and specifications described in the Public Works Director's specifications for a Building Sewer Lateral Inspection Report as established by the regulations authorized under Section 14.46.080 hereof.

• (Ord. 5396, 2006)

• A. Notice to repair. Upon receipt of the Building Sewer Inspection Report pursuant to this chapter, the Public Works Director will determine whether it indicates any deficiencies in the operation of the Building Sewer Lateral and, thereafter, shall provide the Owner with a Notice to Repair or Replace as may be deemed appropriate by the Director. The Notice to Repair/Replace shall specifically identify the deficiencies to be corrected and shall establish a deadline within which the Owner shall complete the required corrective actions. The corrective action may include a requirement that the lateral be replaced altogether and also may include the installation of cleanouts and backwater valves if those devices are otherwise required by this Code or any uniform code adopted by the City.

• B. Obligations of the owner. The Owner shall repair his or her Building Sewer Lateral to the satisfaction of the Public Works Director, and, if a building permit is required for the repairs, the Owner shall obtain a final permit inspection and approval of the City Building Official.

• (Ord. 5396, 2006; Ord. 6002, 2021)

The homeowners association of a Common Interest Development shall, along with the Owner, be jointly and severally liable for the duties and obligations imposed by this chapter in relation to any Building Sewer Lateral located within a common area of the Development. If no homeowners association exists, then the individual unit owners, both jointly and individually, shall be liable for the duties and obligations with respect to Building Sewer Laterals established by this chapter.

(Ord. 5396, 2006)

Within 90 days of the adoption of the ordinance enacting this chapter, the Public Works Director shall prepare and promulgate the public administrative guidelines which shall, among other things, establish the following:

• A. A certification program for licensed plumbers who will be accepted by the City to perform Inspections and the basis for obtaining and maintaining such a certification or for a decertification;

• B. Develop a standard Inspection report form and specifications for Building Sewer Inspection reports; and

• C. Establish a Notice format and standard enforcement timelines for the Notice to Repair and for repair and inspection service of that Notice in a manner consistent with the requirements of due process. Such administrative guidelines shall be approved by a resolution of the City Council.

(Ord. 5396, 2006)