Town of Wheatfield, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wheatfield 2-28-1994 by L.L. No. 1-1994; amended in its entirety 6-3-2002 by L.L. No. 4-2002. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 69.
Drainage — See Ch. 82.
Sewers — See Ch. 146.
Water — See Ch. 194.

§ 130-1 Creation of Plumbing Review Board.

[Amended 1-23-2006 by L.L. No. 1-2006]
A Plumbing Review Board for the Town of Wheatfield, New York, is hereby created and shall consist of five persons to be appointed by the Town Board of the Town of Wheatfield; one of whom shall be the Building Department Head; one of whom shall be the Town Building Inspector; one of whom shall be the Town Plumbing Inspector; one of whom shall be the Superintendent or Foreman of the Town Water and Sewer Department; and one of whom shall be a ten-year resident of the Town of Wheatfield. The Building Department Head shall be Chairman of the Plumbing Review Board, and the Town Board shall designate a Secretary to the Plumbing Review Board on a biannual basis.

§ 130-2 Term of office; vacancies.

[Amended 1-23-2006 by L.L. No. 1-2006]
Term of office for members of the Plumbing Review Board shall be for a period of two years. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term.

§ 130-3 Compensation of members.

The members of such Board shall receive compensation for their services as set by the Wheatfield Town Board.

§ 130-4 Qualifications.

All members of such Board shall be citizens and actual residents of the Town of Wheatfield.

§ 130-5 Powers and duties.

The Plumbing Review Board shall have power, and it shall be its duty:
A. 
To meet at stated intervals within the Town of Wheatfield as well as upon written request to meet from the Town Board of the Town of Wheatfield.
B. 
To have jurisdiction over and to examine all persons desiring or intending to engage in the trade, business or calling of plumbing contractors or sewer contractors, as employing plumbers/sewer contractors in the Town of Wheatfield, with the power of examining persons applying for certificates of competency as such employing of master plumbers/master sewer contractors or as inspectors of plumbing, to determine their fitness and qualifications for conducting the business of master plumbers and/or master sewer contractors and to include inspections of plumbing and sewer work, and to issue certificates of competency to all such persons who shall have passed a satisfactory examination before such Board and shall be by it determined to be qualified for conducting the business of plumbing and/or sewer construction or competent to act as inspectors of plumbing and sewer construction.
C. 
To formulate a code of rules regulating the work of sewer and plumbing in the Town of Wheatfield, including the materials, workmanship and manner executing such work, and from time to time to add to, amend or alter the same, or in its discretion to adopt a uniform code and guidelines as set forth by New York State Department of Health and all applicable New York State building codes.
D. 
To charge and collect from each person applying for an examination such fees as are established by the Wheatfield Town Board, and all money so collected by the Plumbing Board Clerk and remitted to the Town Clerk.
E. 
To charge and collect on an annual basis a license fee for all plumbers and/or master sewer contractors licensed to conduct a sewer and/or plumbing business in the Town of Wheatfield, as such annual license fee is determines by the Wheatfield Town Board.
F. 
To organize on an annual basis.
G. 
To cancel the registration of any master plumber and/or master sewer contractor for a violation of the rules and regulations for sewer and plumbing for the Town of Wheatfield, as duly adopted and enforced herein, after a hearing before the said Plumbing Review Board and upon a prior notice of not less that 10 days stating the grounds of the complaint and served upon the person charged with the violation, but such revocation shall not be operative unless concurred in by a majority of the Plumbing Board.
H. 
The Secretary of the Plumbing Review Board shall be responsible for the collection of any and all fees. He or she shall further be responsible for issuing all permits and/or licenses.

§ 130-6 Expiration and renewals of certificates and licenses.

All certificates of registration issued hereunder and all licenses authorizing connections with street sewers and water mains shall expire on the 31st day of December in the year in which they shall be issued and may be renewed within 30 days preceding such expiration. Such renewals are to be for one year from the first day of January in each year.

§ 130-7 Notice of violation of rules.

A. 
Whenever any inspector or other person reports a violation of any such rules or regulations for plumbing or sewer, or a deviation from any officially approved plan or specification for plumbing or sewer filed with any board or department, the Plumbing Inspector shall first serve a notice of the violation thereof upon the master plumber and/or master sewer contractor doing the work if a registered plumber or sewer contractor.
B. 
The Plumbing Review Board shall also receive notice of said violation.

§ 130-8 Service of notice; proceedings when violated.

Such notice may be served personally or by mail, and if by mail, it may be addressed to such master plumber and/or master sewer contractor at the address registered by him, but the failure of a master plumber and/or master sewer contractor to register will relieve the Plumbing Review Board from the requirement of giving notice of violation. Unless the violation is removed within three days after the day of serving or mailing such notice, exclusive of the day of serving or mailing, the Plumbing Board may proceed according to law.

§ 130-9 Inspector's qualifications.

The Town Board of the Town of Wheatfield shall appoint one Inspector of Plumbing, subject, however, to the provisions and limitations of law. Such Inspector shall be a licensed plumber in the Town of Wheatfield or have extensive practical experience in plumbing. He shall be a citizen and actual resident of the Town of Wheatfield. He shall be entitled to receive compensation to be fixed by the Town Board of the Town of Wheatfield on an annual basis. He shall serve for a term of one year. The Plumbing Inspector shall inspect and approve all plumbing work within the Town of Wheatfield; provided, however, that any plumbing work done by the Plumbing Inspector shall be inspected by the Building Inspector and the Building Inspector may inspect plumbing work completed by other licensed plumbers in the absence or unavailability of the Plumbing Inspector.

§ 130-10 Duties of Inspector; reports.

The duties of the Inspector of Plumbing appointed hereunder, in addition to the duties prescribed by law or ordinances and those which may be required by the Plumbing Review Board of the Town of Wheatfield, shall be to inspect the construction and alteration of all plumbing work performed within the Town of Wheatfield to ensure that the work meets or exceeds standards set forth in the New York State Building Code or such more stringent standards as may be adopted by the Town of Wheatfield, and to report in writing the results of such inspection to the Plumbing Review Board and the Town Board of the Town of Wheatfield. He shall also report in like manner any person engaged in or carrying on the business of employing plumbers or sewer contractors without having the certificate as hereinabove provided.

§ 130-11 Regulations.

A. 
No person, firm, or corporation shall do any plumbing/sewer work on any premises except as provided in this article in the Town of Wheatfield unless such persons, firm or corporation shall be duly licensed in a manner provided by this chapter.
B. 
No person, firm, or corporation shall do any plumbing/sewer work within the Town of Wheatfield unless he be a master plumber and/or master sewer contractor, except that owners of one- or two-family homes may do work on the residence which they occupy or will occupy, with all work to be inspected in accordance with this chapter, and provided that the homeowner obtains all necessary permits and complies with all other applicable laws.
C. 
Except as set forth in this section, no person, firm or corporation shall do any plumbing/sewer work within the Town of Wheatfield unless he is a master plumber and/or master sewer contractor duly licensed by the Town of Wheatfield or employed by a master plumber and/or master sewer contractor and qualified as a journeyman plumber or journeyman sewer contractor as licensed by the Plumbing Board of the Town of Wheatfield.

§ 130-12 Qualification for plumbers.

A. 
In order to qualify and be licensed as a master plumber in the Town of Wheatfield, the following qualifications must be met:
(1) 
Ten years' experience working as a plumber;
(2) 
Must pass a written examination to be given by the Plumbing Board of the Town of Wheatfield.
B. 
Qualifications for journeyman plumber:
(1) 
Must prove five years' experience as a plumber.
C. 
A regular examination will be held annually by the Plumbing Review Board of the Town of Wheatfield and anyone eligible to take such exam may register with the Plumbing Clerk of the Town of Wheatfield and pay the nonrefundable fee as set by the Wheatfield Town Board for such examination. In the event of a petition being filed by more than one person, the Plumbing Review Board may hold a special examination which may be taken by anyone eligible and paying a nonrefundable fee as set by the Wheatfield Town Board. The Plumbing Review Board may contract for outside testing firms to prepare and/or conduct these examinations.
D. 
An applicant for a license must appear for a personal interview before the Plumbing Board before he will be allowed to take an examination.
E. 
All license, examination and inspection fees received by the Plumbing Clerk shall be paid to the Town Clerk within 30 days of the receipt thereof and deposited into the general fund.
F. 
Before an applicant shall be admitted to an examination, he shall file his application therefor, in writing, with the Plumbing Department Clerk of the Town of Wheatfield at least 15 days before the examination day and shall pay to the Plumbing Clerk the required examination fee. The Plumbing Clerk shall forward names and addresses of applicants to the Plumbing Review Board.
G. 
The Board shall publish in the general newspaper within the Town for two consecutive weeks notice of the date and place of the regular examination. The last notice is to be published at least 15 days before the examination day.

§ 130-13 Qualifications for sewer contractors.

A. 
In order to qualify and be licensed as a master sewer contractor within the Town of Wheatfield, the following qualifications must be met:
(1) 
Five years' experience as a sewer contractor;
(2) 
Must pass a written examination to be given by the Plumbing Board of the Town of Wheatfield.
B. 
Qualifications for journeyman sewer contractor:
(1) 
Two years' experience as a sewer contractor.
C. 
A regular examination will be held annually by the Plumbing Review Board of the Town of Wheatfield, and anyone eligible to take such exam may register with the Plumbing Clerk and pay the nonrefundable fee as set by the Wheatfield Town Board for such examination. In the event of a petition being filed by more than one person, the Plumbing Review Board may hold a special examination which may be taken by anyone eligible and paying to the Plumbing Clerk a nonrefundable fee as set by the Wheatfield Town Board. The Plumbing Review Board may contract for outside testing firms to prepare and/or conduct these examinations.

§ 130-14 License required.

A. 
A license to do plumbing or sewer contracting work in the Town of Wheatfield shall be issued by the Building Inspector of the Town of Wheatfield to any person, firm or corporation upon receipt of a certificate from the Town of Wheatfield Plumbing Board showing that such person, a member of such firm or the superintendent of construction of such corporation has satisfactorily passed an examination held by said Board and upon receipt of the license fee and upon filing the insurance as set forth herein.
B. 
Each licensee shall file with the Building Department proof of worker's compensation (Form C-105.2) and New York State disability (Form DB 120.1) coverage and general liability insurance naming the Town of Wheatfield, its employees and agents as additional insureds in the minimum amount of not less than $1,000,000 per occurrence and $2,000,000 aggregate.
C. 
The fee for the license required by this chapter shall be as set by the Wheatfield Town Board, each license expiring on the 31st day of December next after issuance.
D. 
A renewal license shall be issued by the Plumbing Clerk each year to any person, firm or corporation holding a license at the expiration of the preceding year, upon payment of the license fee and upon filing a renewal of the required insurance, without examination. All licensees must renew their license by December 31 or no permits or inspections will be issued. Any licensee who fails to the pay renewal fee by January 31 shall forfeit his license. Application, reexamination, and reexamination fee will be required: no exceptions.

§ 130-15 License restrictions; display.

A. 
No licensed plumber or master sewer contractor shall allow the use of his or its name or license by any unlicensed person, firm or corporation for the purpose of defrauding the Town or otherwise.
B. 
Any person, firm or corporation doing plumbing/sewer work in the Town of Wheatfield shall exhibit his or its license upon request to any police officer, Town Board member, member of the Plumbing Board or the Plumbing Inspector.
C. 
Licenses issued by the Plumbing Board shall not be transferable.
D. 
A license may be suspended or revoked at any time by the Board if in its judgment the best interests of the inhabitants of the Town shall be served thereby. In all cases, prior to revocation, the Plumbing Board must conduct a hearing at which the accused shall have the right to appear personally and offer evidence in his defense. Such revocation shall require a vote by a majority of the entire Board.

§ 130-16 Inspections.

A. 
The plumbing and drainage of all buildings, public and private, shall be executed in accordance with plans and specifications previously approved in writing by the Plumbing Inspector and/or Sewer Department, as deemed appropriate, and suitable drawings shall in each case be submitted by the owner or the plumber performing the work and placed on file with the Plumbing Board. No part of such plumbing and draining shall be covered or concealed in any way until it has been examined and approved by the Plumbing Inspector, Building Inspector or Sewer Department, as deemed appropriate.
B. 
All plans and specifications for plumbing and drainage of buildings occupied by more than two families shall be signed by the owner.
C. 
Blank applications of the specifications of plumbing and drainage will be furnished to plumbers, on application, by the Plumbing Board.
D. 
Inspection by the Plumbing Inspector shall be upon application by the owner or master plumber/master sewer contractor at the following intervals:
(1) 
Interior plumbing only:
(a) 
Underground within the structure;
(b) 
On the rough plumbing;
(c) 
On the final plumbing.
(2) 
Upon approval by the Plumbing Inspector on his final plumbing inspection, he shall forward to the Building Inspector a certificate of approval. The Building Inspector shall not issue a permanent certificate of occupancy until this certificate is filed with him.
E. 
In cases that are dangerous from liability of a cave-in or where there is no room to leave the earth, the contractor or plumber shall inform the Plumbing Inspector, and he shall inspect and remain upon the job and watch the work until finished.
F. 
Notice of each inspection shall be left by the Plumbing Inspector in a conspicuous place on the job, and a final certificate shall be given as soon as the work is completed and inspected.
G. 
Once any plan has been approved, no alteration of the same shall be allowed, except on the written application of the owner and when approved by the Board.

§ 130-17 Fees for inspection.

A. 
Fees for inspection shall be set by the Wheatfield Town Board and filed with the Town Schedule of Fees and shall be paid to the Plumbing Clerk at the time the plans are filed by the plumber/sewer contractor or the owner of the premises where the work is to be done.
B. 
Extra inspections by the Plumbing Inspector shall be paid at the prevailing rate of wages per hour, based on the number of hours.

§ 130-18 Application for inspection.

A. 
Application for inspection for plumbing/sewer shall be made to the Plumbing Inspector/Sewer Department at least 24 hours prior to the date requested for inspection.
B. 
Notice of inspection shall be exhibited at any time upon request to any police officer, Town Board member, Plumbing Board member, or the Plumbing Inspector.

§ 130-19 Penalties for offenses.

[Added 6-13-2005 by L.L. No. 7-2005]
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 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.