[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.
[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.
The members of such Board shall receive compensation
for their services as set by the Wheatfield Town Board.
All members of such Board shall be citizens
and actual residents of the Town of Wheatfield.
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.
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.
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.
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.
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.
[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.