As used in this article, the following terms shall have the
meanings indicated:
CONTRACT
An oral or written agreement contained in one or more documents
for the performance of work, which includes all labor, goods and services.
CONVENTIONAL SEPTIC SYSTEM
An on-site sanitary system consisting of a septic tank and
any associated interconnecting piping, a leaching structure(s) and
any associated interconnecting piping, or a cesspool and any associated
interconnecting piping, that does not have any active or mechanical
means of treatment or any supplemental filtration components.
[Added 12-1-2015 by L.L.
No. 40-2015]
DIRECTOR
The Director of the County Executive's Office of Citizens
Affairs.
ENDORSEMENT
A license certification issued by the Department that confirms
that the applicant has obtained the required specialized training
in a specific area, owns the necessary equipment as required, and
authorizes such applicant to practice in that area for the duration
of the license.
[Added 12-1-2015 by L.L.
No. 40-2015]
ENGAGES
The undertaking, offering to undertake, solicitation or agreement
to perform a contract.
INNOVATIVE AND ALTERNATIVE TREATMENT SYSTEM
An on-site wastewater treatment system approved or being
piloted by the County that provides for enhanced treatment of wastewater
for the increased reduction of organic matter, pathogens, and nutrients.
[Added 12-1-2015 by L.L.
No. 40-2015]
LEACHING STRUCTURE
Any leaching pool or drain field that meets Suffolk County
Sanitary Code and/or New York State Sanitary Code Appendix 75A specifications.
[Added 12-1-2015 by L.L.
No. 40-2015]
LICENSEE
A person permitted to engage in a business licensed pursuant
to the provisions of this article of the Suffolk County Code.
OFFICE
The County Executive's Office of Citizen Affairs.
PERSON
Includes the persons within the definition contained in General Construction Law §
37, as well as an individual, partnership or other entity.
WASTE LINE CLEANING
A method for the removal or dislodging of solids, roots,
or other foreign debris clogging waste dispersal line(s). Methods
can include, but are not limited to, aeration, jetting (pressurized
water cleaning), or chemical treatment.
[Added 12-1-2015 by L.L.
No. 40-2015]
Exemptions shall be as follows:
A. Employees of any federal, state or local government, or any agencies thereof or of a state or local authority ("public authority"), as that term is defined in §
2 of the New York Public Authorities Law, provided that such employees are performing the work on behalf of a government entity or public authority. This exemption shall not apply to any work performed by a person, as that term is defined in this article, who is not an employee of any federal, state or local government or any agencies thereof or of a public authority even if such work is performed on behalf of or pursuant to an agreement with a governmental entity or public authority.
[Amended 3-23-2010 by L.L. No. 7-2010; 9-15-2011 by L.L. No. 49-2011]
B. Maintenance work by bona fide employees in an industrial, commercial,
institutional or other such establishment within the building or property
limits of the employer.
C. Employees of a business duly licensed pursuant to this article.
[Amended 12-17-2002 by L.L. No. 4-2003; 8-5-2008 by L.L. No. 32-2008; 6-16-2015 by L.L. No. 23-2015; 12-1-2015 by L.L. No. 40-2015]
A. Application procedure; qualifications; issuance of license. All applications for licenses shall be submitted in writing, on forms furnished by the Department of Labor, Licensing and Consumer Affairs (Department). Such applications shall be accompanied by a nonrefundable application fee of $200 from all applicants, other than those exempt under the provisions of this §
563-79. In order to obtain and hold a license under this article, an applicant shall have applied for and obtained the appropriate endorsement or endorsements required for the particular work or services to be performed as set forth at Subsection
B. Applications for endorsements and renewal of endorsements shall be submitted in writing, on forms furnished by the Department, and shall be accompanied by a nonrefundable endorsement application fee of $200 from all applicants for each endorsement other than for those applicants seeking their first endorsement for any two-year license period and for those applicants exempt under the provisions of this §
563-79. The application fee for an endorsement shall be prorated for the remainder of the term of the license in the event an application for an endorsement is made while a license under this article is unexpired. Each endorsement shall be for a period of two years from the date of issuance of a license under this article and shall expire on the last day of the 24th month of issuance of such license. Subsequent renewals of all endorsements shall be for periods of two years.
B. Required endorsements. All applications for licenses and license renewals must include an application for the pertinent category or categories of endorsement(s) as set forth below at Subsection
B(1) through
(11) to provide the particular work or service(s) under this article. For each endorsement other than endorsements set forth below at Subsection
B(10) and
(11), each applicant must have at least five years of verifiable and documented trade experience within the last 10 years in the trade for which the license is being sought. For endorsements set forth below at Subsection
B(10) and
(11), each applicant must have at least five years of verifiable and documented general industry experience within the last 10 years. Verifiable and documented trade experience must include the following: a) pay stubs, W2 forms, federal or state tax returns showing employment with a licensed contractor, or a statement from a previous employer verifying term of employment; and b) trade references. Endorsements necessary to perform the particular work or services under this article are as follows:
(1) Septic tank pumping, cleaning, and maintenance endorsement. Any work
that requires pumping, servicing, cleaning, system rehabilitation
services or minor repairs to residential, commercial, and/or industrial
conventional septic systems, cesspools, and wastewater holding tanks,
and/or performing assessment of the overall health of a conventional
septic system and/or coordinating preventative maintenance and pumping
with property owners, requires this endorsement. This endorsement
requires the following:
(a)
Proof of ownership of a dedicated pump/vacuum truck for sanitary
and/or organic waste;
(b)
Successful completion of a pump/vacuum truck training program
approved by the Department; and
(c)
Either:
[1]
Successful completion of a Long Island Liquid Waste Association
(LILWA) training class and passage of the LILWA certification test;
or
[2]
Successful completion of a similar training program approved
by the Department.
(2) Grease trap/grease interceptor cleaning and maintenance endorsement.
Any work that requires cleaning and/or maintenance of grease trap
waste, which is a mixture of wastewater, food particles, and grease
from sinks, dishwashers, and drains from within the kitchen of restaurants
and food preparation establishments, requires this endorsement. This
endorsement requires the following:
(a)
Proof of ownership of a pump/vacuum truck dedicated for pumping
grease trap waste; and
(b)
Successful completion of a training program approved by the
Department in pump/vacuum truck operation.
(3) Yellow grease/fryer oil collection endorsement. Any work that requires
collection of yellow grease, which is oils and greases collected within
the kitchen and preparation areas before it has been comingled with
wastewater, requires this endorsement. This endorsement requires the
following:
(a)
Proof of ownership of a pump/vacuum truck dedicated for pumping
yellow grease; and
(b)
Successful completion of a training program approved by the
Department in pump/vacuum truck operation.
(4) Temporary restroom facilities endorsement. Any work that includes
servicing of portable toilets or temporary restrooms and/or the waste
generated therefrom requires this endorsement. This endorsement requires
the following:
(a)
Proof of ownership of a dedicated pump/vacuum truck for sanitary
and/or organic waste;
(b)
Successful completion of a health and safety certification program
approved by the Department; and
(c)
Successful completion of a training program approved by the
Department in pump/vacuum truck operation.
(5) Waste line cleaning and inspection endorsement. Any work that includes
residential, commercial, and/or industrial septic systems waste line
cleaning, video inspection, and/or electronic locating (use of flushable
or magnetic location device) requires this endorsement. This endorsement
requires the following:
(a)
Proof of ownership of dedicated jetting or waste line cleaning
equipment; and
(b)
Successful completion of a LILWA training class and passage
of the LILWA certification test or completion of a similar training
program approved by the Department.
(6) Bulk liquid waste transportation endorsement. Any work, not including
service to a conventional septic or innovative and alternative treatment
system, that includes industrial liquid waste bulk transportation
requires this endorsement. This endorsement requires the following:
(a)
Proof of ownership of a dedicated pump/vacuum truck for sanitary
and/or organic waste; and
(b)
Either:
[1]
Successful completion of a LILWA training class and passage
of the LILWA certification test; or
[2]
Successful completion of a similar training program approved
by the Department.
(7) Vactor (pump/vacuum) services endorsement. Any work that includes
residential, commercial and/or industrial vactor services requires
this endorsement. This endorsement requires the following:
(a)
Proof of ownership of a dedicated pump/vacuum truck for sanitary
and/or organic waste; and
(b)
Either:
[1]
Successful completion of a LILWA training class and passage
of the LILWA certification test; or
[2]
Successful completion of a similar training program approved
by the Department.
(8) Conventional septic system maintenance inspector endorsement. Any
work that includes performing baseline first maintenance inspections
(FMI) and routine maintenance inspections (RMI) of conventional septic
systems requires this endorsement. This endorsement requires the following:
successful completion of a septic system inspection class and passage
of an examination as approved by the Department.
(9) Conventional septic system installation endorsement. Any residential,
commercial and/or industrial work that includes only conventional
septic systems installation, replacement and/or major repair requires
this endorsement. This endorsement requires the following: either
(a) successful completion of a LILWA training class and passage of
the LILWA certification test; or (b) successful completion of a similar
training program approved by the Department.
(10)
Innovative and alternative treatment system installer endorsement.
Any work that includes installation of innovative and alternative
treatment systems requires this endorsement. This endorsement requires
the following:
(a)
Successful completion of a training program approved by the
Department for innovative and alternative treatment system installation;
(b)
Receipt of an installation training certificate from the manufacturers
of all specific technologies being installed (including drain fields);
and
(c)
Possession of a conventional septic system installation endorsement.
(11)
Innovative and alternative treatment system service provider
endorsement. Any work that includes inspection, operation, maintenance,
and/or minor repair services on innovative and alternative treatment
systems requires this endorsement. This endorsement requires the following:
(a)
Successful completion of a training program approved by the
Department for advanced system operations, maintenance and repair;
and
(b)
Certification by manufacturers of all technologies they service
that are currently approved or are being demonstrated and are under
review by the Suffolk County Department of Health Services.
C. Continuing education program for endorsement renewal.
(1) Applicants seeking to renew an endorsement under this article any
time after two years subsequent to the effective date of this section
must have completed the following training contact hours (TCH) from
a training program only for the individual endorsements that (i) are
available to the Department to review, (ii) have been approved by
the Department, and (iii) appear on an approved list compiled by the
Department:
(a)
For endorsements in Subsection
B(1) through
(8) above, applicants must have completed a minimum of eight TCHs for each two-year endorsement renewal period. A maximum of four TCHs obtained for safety-related training may be applied toward the minimum required hours for any two-year endorsement renewal period.
(b)
For endorsements in Subsection
B(9) through
(11) above, applicants must have completed a minimum of 12 TCHs for each two-year endorsement renewal period. A maximum of six TCHs obtained for safety-related training may be applied toward the minimum required hours for any two-year endorsement renewal period.
(2) The following TCH credits shall be available to all applicants for endorsements in Subsection
B(1) through
(11) above:
(a)
One TCH for each full year of membership in a wastewater professional
association that has been approved by the Department. A maximum of
four TCHs for such membership may be applied toward the minimum required
hours for any two-year endorsement renewal period; and
(b)
One TCH for each TCH of course instruction where an applicant
performs as an instructor for a Department-approved training program
course. A maximum of eight TCHs obtained by being a course instructor
may be applied toward the minimum required hours for any two-year
endorsement renewal period.
D. Exemptions from application fees. Exemptions shall be as follows:
(1) Persons who have been accepted into the innovative alternative on-site
wastewater treatment demonstration program sponsored by the County
to demonstrate their innovative alternative on-site wastewater treatment
systems to the Suffolk County Department of Health Services for approval
for general public use, who are donating their systems into the program
and who are maintaining those systems at the specific sites accepted
into the program, are exempt from paying the application fees under
this section. Notwithstanding the foregoing, any persons who are exempt
from paying application fees under this section shall be responsible
for applying for and obtaining the appropriate license under this
article. In addition, such persons shall be responsible for applying
for and obtaining the appropriate license under this article and paying
the associated application fees for said license in the event they
contract to do any other work at the specific sites accepted into
the program that is not associated with the donated systems or in
the event they contract to do any work at any other site or sites
that are not accepted into the program.
E. The license application shall be filed by an actual owner or partner
of a business and shall be signed under oath. Where a corporation
is an applicant or a participant in an application, the application
shall be signed under oath by an officer of such corporation.
F. All applications shall include the residence address of the individual
who subscribes his name to the application.
G. The Director may require submission of the names and residence addresses
of any employees or officers of the applicant, in addition to any
other information which he may deem advisable and proper.
H. An individual applicant and any individual who subscribes his name
to an application must be at least 18 years of age, of good character
and financially responsible.
I. The Director shall investigate such applicant as to good character
before he shall issue the applicant a license.
J. Applicants shall meet such further qualifications as may be prescribed
by this article and any other appropriate article of this chapter.
K. The Office shall issue a license or temporary license to each applicant
who has submitted satisfactory evidence of his qualifications and
who has complied with all of the requirements of this article and
any other appropriate article of this chapter.
[Amended 12-17-2002 by L.L. No. 4-2003]
A. A duplicate license may be issued for a license which has been lost,
destroyed or mutilated, upon application therefor on a form prescribed
by the Director and the payment of a fee of $25. Each such duplicate
license shall have the word "duplicate" stamped across the face thereof
and shall bear the same number.
B. A licensee shall obtain a supplementary license for each additional
place of business maintained by such licensee within the County of
Suffolk, upon application therefor on a form prescribed by the Director
and the payment of a fee of $50. Each such supplementary license shall
have the word "supplementary" stamped across the face thereof, shall
bear the same number as the original and shall be conspicuously posted
in each additional place of business.
A contract entered into on or after one year from the effective
date of this article by a person who engages in a business regulated
by this article, who on the date of the contract does not possess
a valid license to engage in such business, is unenforceable by him
and voidable at the option of any other party to the contract rendered
or to be rendered to such party. Nothing contained herein shall be
construed to prevent any other party to the contract from enforcing
its terms.
Prohibited acts shall be as follows:
A. Abandonment or willful failure to perform, without justification,
any contract or service engaged in by a licensee.
B. Willful deviation from or disregard of contract specifications, services
or estimates in any material respect without the consent of the contracting
party.
C. The making of any substantial misrepresentation in the solicitation,
procurement of a contract or service or the making of any false promise
likely to influence, persuade or induce entry into a contract.
D. Directly or indirectly publishing any advertisement relating to goods
or services offered by the licensee which contains an assertion, representation
or statement of fact which is false, deceptive or misleading, provided
that any advertisement which is subject to and complies with the then-existing
rules, regulations or guides of the Federal Trade Commission shall
not be deemed false, deceptive or misleading.
E. Advertising or purporting to offer the general public any contract
or service with the intent not to accept said contract or perform
any service for the particular work at the price which is advertised
to the public.
F. Conducting a business in any name other than the one for which the
licensee holds a license except pursuant to the exemptions contained
in this article.
G. Failure to comply with the provisions of Suffolk County Code §
563-6H and
J.
H. Offering, as an inducement to enter into a contract, a promise or
offer to pay, credit or provide any compensation or reward for the
buyer's procurement of a contract with another.
[Amended 3-23-2010 by L.L. No. 7-2010]
In addition to any civil penalties imposed by the Director pursuant to this article or pursuant to any provisions of any County local law, County resolution, or County ordinance pertaining to consumer affairs, consumer protection, or any matter subject to the jurisdiction of the Department, including, but not limited to, Chapter
387, Consumer Protection, of the Suffolk County Code, any person who shall conduct a business licensed by this article without obtaining a license therefor or who shall continue to engage in such licensed business after having had a valid license suspended or revoked shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $5,000 or imprisonment for not more than one year, or both. Each such violation shall be deemed a separate offense.
Upon application of the Director, the County Attorney or the
District Attorney may commence an action in the name of the County
to restrain, prevent and enjoin a violation of this article or any
rule or regulation promulgated hereunder or any continuance of such
violation.
The action of the Director in adjudging fines or suspending,
revoking or refusing to issue or renew a license may be reviewed by
a proceeding brought under and pursuant to Article 78 of the Civil
Practice Law and Rules of the State of New York.