[HISTORY: Adopted by the Town Board of the Town of Tonawanda 3-26-2007
by L.L. No. 5-2007.[1] Amendments noted where applicable.]
A.
A It shall be unlawful for a person, firm or corporation to engage in, carry on or conduct or to hold itself out as being able to conduct the business of plumbing in the Town of Tonawanda, New York, exclusive of the Village of Kenmore, unless such business shall be conducted under a current license issued in accordance with the provisions hereof. A person, firm or corporation shall be deemed to be licensed if such person, firm or corporation is a license holder, or if such person, firm or corporation is an employee or subcontractor of a licensed person, firm or corporation in accordance with the provisions of § 150-2G(2) herein contained.
B.
A licensee may hire employees to do plumbing work or
may subcontract such work, but all plumbing work must be done by or under
the supervision of a master plumber.
C.
Plumbing work performed by a utility company in its normal
function of supplying its particular service to the meter of any building,
structure or premises may be performed without a license and need not be under
the supervision of a master plumber.
A.
The Code Enforcement Officer shall issue a license to any qualified person, firm or corporation upon presentation of a duly executed application, payment of the fee and filing of the insurance policy and/or certificate as required in Subsection E of this section.
B.
The applicant shall be:
(1)
A qualified person if such person or at least one full-time
employee holds a master plumber certificate.
(2)
A qualified firm if, in the case of a partnership, at
least one active partner or full-time employee thereof holds a master plumber
certificate or, in the case of a sole proprietorship, the owner or at least
one full-time employee holds a master plumber certificate.
(3)
A qualified corporation if such corporation has a full-time
employee holding a master plumber certificate.
C.
An application shall be duly executed when:
(1)
A qualified person states his name and address and the
name and address of his business establishment and the name of the master
plumber.
(2)
A qualified firm or corporation states the name and address
of the business establishment and its partners in the case of a partnership,
its owner in the case of a sole proprietorship or its officers and directors
in the case of a corporation, and the name and address of all master plumbers
in its employ.
(3)
Such qualified person, firm or corporation shall furnish
such additional information as the Code Enforcement Officer shall reasonably
require.
(4)
Such qualified person, firm or corporation shall execute
an application in such form as may be prescribed by the Code Enforcement Officer.
D.
The required fee shall be $100.
E.
The licensee shall file with the Code Enforcement Officer
a policy or certificate of insurance evidencing satisfactory workers'
compensation coverage, if applicable, as well as bodily injury and property
damage liability in the amount of $1,000,000 combined single limit. Said liability
insurance shall name the Town of Tonawanda, New York, as an additional insured.
F.
Such license shall be valid January 1 to December 31
in each year. Such license may be renewed by appearing before the Code Enforcement
Officer within 30 days preceding expiration, executing such forms containing
such information as the Code Enforcement Officer may require and supplying
the fee and insurance required by this chapter.
G.
Restriction on use of license.
(1)
Except as herein provided, no licensed person, firm or corporation shall allow his name to be used by any other person, firm or corporation, either for the purpose of obtaining a license under this chapter, a permit under Chapter 54 of the Code of the Town of Tonawanda, New York, or doing any work under his license.
(2)
This shall not prohibit a person, firm or corporation licensed in the Town of Tonawanda, New York, from subletting a plumbing job or portion thereto to another person, firm or corporation, provided that such arrangement is declared on the application for a plumbing permit as prescribed by Chapter 54 of the Code of the Town of Tonawanda, New York, and that the licensed person, firm or corporation subletting such work shall be responsible for all such work.
(3)
A license is not transferable or assignable to any successor
in the business or to any person whomsoever under any circumstances.
H.
Any licensed person, firm or corporation in which a change
occurs in respect to the employment of a master plumber or a change occurs
in respect to the officers or directors of a corporation, the partners of
a partnership or the owner of a sole proprietorship shall record such change
by advising the Code Enforcement Officer in writing within seven days after
such change has occurred.
I.
It shall be the obligation of every licensed person,
firm or corporation to continue to meet the qualifications and requirements
needed to obtain a license throughout the license year, and in the event of
a failure to do so, the licensee shall immediately surrender such license
to the Code Enforcement Officer.
J.
Such license shall be subject to revocation in the discretion of the Code Enforcement Officer upon conviction of the licensee or any master plumber in his employ for a violation of this chapter or Chapter 54 of the Code of the Town of Tonawanda, New York. Such license shall not be restored for one year after conviction and thereafter only in the discretion of the Code Enforcement Officer if he is satisfied that the applicant has taken steps to assure that such violation will not occur again.
K.
When any agent, servant or employee violates any provisions of this chapter or Chapter 54 of the Code of the Town of Tonawanda, New York, such violation shall be considered a violation by the licensed person, firm or corporation and the master plumber under whose employ or supervision such violation occurred.
A.
A master plumber shall be a natural person who holds
a master plumber certificate issued pursuant to this chapter.
B.
A master plumber certificate shall be issued by the Examining
Board of Plumbers if a person has qualified for and passed an examination
as hereinafter required.
C.
Such examination shall be prepared and reviewed by the
Examining Board of Plumbers. It shall consist of a written portion and also
shall have a practical assembly project of such character as to fairly test
the fitness and qualifications of the applicant for the trade, business or
calling of plumbing. In order to qualify to take such examination, a person
must:
(1)
Be a citizen of the United States of America.
(2)
Satisfactorily prove he has worked under the supervision
of a licensed master plumber as a journeyman plumber for a period of 10,000
hours, performing the following: the installation, maintenance, extension
and alteration of piping, fixtures, appliances and appurtenances in connection
with all of following: sanitary drainage, storm drainage, waste and vent systems,
hot and cold water systems within any dwelling, building or structure, and
their connections to a public system or approved terminals.
(3)
Have paid a fee of $100.
(4)
Be of good moral character.
D.
Any person who fails, upon demand by the Code Enforcement
Officer, his deputy or assistants, to produce a master plumber certificate
within a reasonable time shall be presumed not to be the holder of a master
plumber certificate.
E.
It shall be unlawful for any person to hold himself out
as a master plumber unless he is the holder of a master plumber certificate.
A.
The existing Examining Board of Plumbers is continued.
Said Board shall consist of five persons appointed by the Town Board of the
Town of Tonawanda, New York. Three members shall be master plumbers or journeymen
plumbers of not less than five years' experience in the business of plumbing.
The other two members shall be the Code Enforcement Officer and his deputy
or one of his assistants.
B.
The term of office of each member of such Board shall
be two years from the first day of January following his appointment, during
which period he shall serve at the pleasure of the Town Board.
C.
All vacancies shall be filled by the Town Board. Vacancies
filled during a term shall be for the duration of the unexpired term.
D.
Compensation.
(1)
The master or journeyman plumbers, serving as members
of such Board, shall receive $20 compensation for each regular meeting, not
to exceed a total of $240 per member in any one calendar year, payable semiannually.
(2)
It shall be the duty of the Code Enforcement Officer
and his designated deputy or assistant to serve as members of the Examining
Board of Plumbers without compensation therefor.
E.
All members of such Board shall be residents of the Town
of Tonawanda, New York.
F.
Said Examining Board of Plumbers shall have power and
it shall be its duty:
(1)
To meet at stated intervals in the Town. It shall also
meet whenever the Town Board shall, in writing, request it to do so.
(2)
To have jurisdiction over and to examine, review and
issue master plumber certificates based on such examination to all persons
deemed qualified by the Examining Board of Plumbers to engage in plumbing
in the Town of Tonawanda, New York, exclusive of the Village of Kenmore.
G.
A person desiring to be certified as a master plumber
shall satisfy the qualifications hereinbefore stated and shall submit to an
examination before the Examining Board of Plumbers. A fee of $100 shall be
charged for the examination.
H.
Office supplies, including stationery, supplies and books
in which to keep records, will be furnished for the Examining Board of Plumbers
by the Town of Tonawanda, New York.
I.
The records of the Examining Board of Plumbers shall
be filed in the office of the Code Enforcement Officer and shall be open for
inspection during business hours.
As used in this chapter, the following terms shall have the meanings
indicated:
The practice, materials and fixtures used in the installation, maintenance,
extension, alteration and repair of piping, fixtures, appliances and appurtenances
in connection with any of the following: sanitary drainage or storm drainage
systems, including the attendant vent systems, and the water supply systems
within or adjacent to any building or structure, to their connections with
public systems or other approved terminals; and the cleaning by mechanical
means of any sewer, drain, stormwater or water lines.
A.
Any violation by a person, firm or corporation of any
provision of this chapter shall be deemed a violation punishable by a fine
not to exceed $250 or by imprisonment for a period not to exceed 15 days,
or both.
B.
Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
C.
Each day that a violation of this chapter is committed
or permitted to exist shall constitute a separate offense.
D.
In addition to the penalties set forth in this section,
the license shall be subject to the revocation provisions hereinbefore provided.
This chapter shall be applicable in the Town of Tonawanda, New York,
exclusive of the Village of Kenmore.
