This article shall be known and cited as the
"Plumbing Code of the City of Townsville."
The purpose of this code is to provide basic
and uniform plumbing rules and regulations, in terms of performance
objectives implemented by specific requirements, establishing reasonable
safeguards for sanitation in and adjacent to buildings to protect
the public health against the hazards of inadequate or unsanitary
plumbing installations and to promote available, competent plumbing
services for all consumers.
This article applies to the administration and
enforcement of Article 4 of the General City Law and the New York
State Uniform Fire Prevention and Building Code (hereafter referred
to as the "Building Code") applicable to plumbing and all local provisions
as set forth herein. The local provisions set forth herein in certain
part derive from and are otherwise intended to supplement Article
4 of the General City Law and the Building Code applicable to plumbing.
To the extent that any local provision is irreconcilably inconsistent
in whole or in part with any provision of Article 4 of the General
City Law or any part of the Building Code applicable to plumbing,
then the same is void and unenforceable.
The provisions herein shall be interpreted in
accordance with generally accepted plumbing principles, Article 4
of the General City Law and the Building Code applicable to plumbing.
Any remaining questions or clarifications shall be left to the discretion
of the Plumbing Inspector and the Examining Board of Plumbers, subject
to rights of appeal as set forth herein.
All plumbing work in the City and all plumbing
work where the real property is situated outside the City and will
obtain its water supply from water furnished by the City or where
the sewage from the property will eventually be discharged through
the sewerage system of the City, including the connection of water
heaters and domestic water-heating systems to the City water supply,
shall come under the provisions of this article.
Work in progress on the effective date of this
article and work for which the plans have heretofore been approved
are excepted from the provisions of this article and shall be performed
in accordance with the Plumbing Code local laws and regulations and
ordinances in force an effect prior to the effective date of this
article.
As used in this article, the following terms
shall have the meanings indicated:
Any person in the employment of a registered, licensed master
plumber, or duly enrolled in any state or federal certified plumbing
apprentice program, who is a beginner or novice in the trade of plumbing
for a minimum period of four years.
A certificate issued by the Examining Board of Plumbers certifying
that the person indicated has been duly examined and has been found
to be responsible, qualified and competent to conduct the business
of plumbing in this City as a master plumber or to engage in the trade
of plumbing in this City as a journeyman plumber.
The Building Code Board of Appeals, as constituted under § 146-10 of this chapter, and the Plumbing Inspector as an ex officio, nonvoting member shall sit as the Code Appeals Board of the City of Townsville.
The examining and supervising board of individuals, constituted
and charged as set forth herein.
The chief inspector of plumbing and drainage charged with
the enforcement of this code and plumbing rules and regulations governing
plumbing and drainage.
One who has served an apprenticeship and has qualified by
examination or experience to perform the work of installing plumbing
and drainage under the direction of a master plumber and who is so
certified by the Examining Board of Plumbers and is registered within
the current calendar year.
One who is qualified and duly licensed to engage in the trade,
business or calling of plumbing and gas-fitting and/or the business
of contracting for the installation of such work, as defined in and
according to this code, Article 4 of the General City Law and the
Building Code applicable to plumbing, and who holds a certificate
of competency issued by the Examining Board of Plumbers and is registered
and licensed within the current calendar year.
Repairs involving only the working parts of a faucet or valve
or the clearance of stoppages or the stopping of leaks or the replacement
of a defective faucet or valve with a new one of the same or similar
type.
Within buildings, the installation, repair, replacement and
relocation of the pipes, fixtures and other apparatus for bringing
in and distributing the water supply, removing liquid and waterborne
waste and removing rainwater and other liquid drainage. The term is
also used to denote the installed fixtures, drainage vent and piping
of a building.
When applied to building or premises, includes the water
supply distributing pipes, the fixtures and the fixture traps, the
soil, waste and vent pipes, the building house drain and the building
house sewer and the storm water system, with their devices, appurtenances
and connections within the building and adjacent premises. Such term
shall also include the primary City water supply connected to any
plumbing fixture appliance, heating or cooling boiler or compressor,
humidifier or any other apparatus or device, automatic or no automatic,
instantaneous, tank- or thankless-type, direct or indirect domestic
water-heating equipment or any other type of equipment which receives
its primary water supply from the Townsville City water system, also
including the main drains or waste from such equipment.
The actual or beneficial owner of private real property covered
by this article. A tenant or other no owning occupant shall not be
considered a private property owner.
Within buildings, the installation, repair, replacement and
relocation of the pipes, fixtures and other apparatus for bringing
in and distributing the water supply, removing liquid and waterborne
waste and removing rainwater and other liquid drainage by the private
property owner only on premises actually owned by the owner. The term
is also used to denote the installed fixtures, drainage vent and piping
of the building by a private property owner on premises owned by the
owner. The term does not include any plumbing in new building construction,
except residential property by the residential owner of such property;
it also does not include any industrial plumbing or any plumbing involving
chemicals or toxic wastes other than sewage wastes. All private property
plumbing is subject to the permit, fee and inspection requirements
of this article and must otherwise meet all Plumbing Code requirements.
A.
Composition. The Examining Board of Plumbers shall
be composed of two master plumbers with not less than 10 years' experience
as licensed plumbers and one journeyman plumber with 10 years' experience,
to be appointed by the Mayor and to serve terms of three years each;
the Assistant Superintendent of Public Works for water and sewers;
and the Chief Plumbing Inspector. All members shall be citizens and
actual residents of the City of Townsville.
B.
Powers and duties. The Examining Board of Plumbers
shall have the power and it shall be its duty:
(1)
To meet at stated intervals and also to meet whenever
the Board of Health or the Mayor shall, in writing, request it so
to do.
(2)
To have jurisdiction over and to examine all persons
desiring or intending to engage in the trade or business of plumbing
in the City of Townsville; to examine persons applying for certificates
of competency as master plumbers, journeyman plumbers or inspectors
of plumbing; to determine the fitness and qualifications of such applicants
to conduct the business of plumbing or to act as inspectors of plumbing;
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 as plumbers or competent to act
as inspectors of plumbing.
(3)
To formulate, in conjunction with the Nontario County
Board of Health or an officer, board or body performing the duties
of the Board of Health, a code of rules regulating the work of plumbing
and drainage in Townsville, including private property plumbing, including
the materials, workmanship and manner of executing such work and amendments
thereto.
(4)
To charge and collect from each person applying for
examination the sum of $10 for each examination. All moneys so collected
shall be paid over by the Board weekly to the City Chamberlain.
(5)
To review and submit to the Code Appeals Board for
recommendation to the Board of Public Works fee schedules for registration,
licensing, examination, fixture fees and other additions to be approved
by the Code Appeals Board and the Board of Public Works, as necessary,
not inconsistent with other state and local laws.
A.
Qualifications. The position of Plumbing Inspector
is hereby continued. The Plumbing Inspector shall:
(1)
Be appointed by the Board of Public Works, to act
under the supervision of the Superintendent Public Works, subject
to related terms of employment.
(2)
Be a practical plumber.
(3)
Not be engaged, either directly or indirectly, in
the business of plumbing during his/her term of office.
(4)
First obtain a certificate of competency from the
Examining Board of Plumbers.
(5)
Be a citizen and actual resident of the City of Townsville
unless waived by the Board of Public Works by a majority of its members,
upon conferral with the Director of Human Resources, and if so waived
be a citizen and actual resident of Nontario County or an abutting
or adjacent county.
B.
Duties. The duties of the Plumbing Inspector shall
be:
(1)
The examination and approval of plans and specifications.
(2)
The inspection of plumbing and drainage.
(3)
The conduct of tests.
(4)
The issuance of plumbing permits and certificates
of approval upon payment of all appropriate fees. All moneys so collected
shall be paid over weekly to the City Chamberlain.
(5)
Advisory service to the public in matters of plumbing
regulations.
(6)
The reinsertion and sanitary maintenance of plumbing
and private property plumbing.
(7)
Investigation of all written complaints and all alleged
violations of this code and filing of complaints accordingly.
(8)
The enforcement of this code by all means available
at law, including but not limited to the reporting of any violations,
in writing, to the Superintendent of Public Works and the Director
of Planning and Development or designee, who shall have the power
to make such orders and to take such action as may be proper requiring
the owner of such property to comply with this code and to replace,
repair, reconstruct or reinstall such plumbing in accordance with
this code under the supervision of the Plumbing Inspector.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
A.
Master plumber.
(1)
Every employing or master plumber, before engaging
in the trade, business or calling of plumbing in the City of Townsville,
shall:
(a)
Appear in person at the office of the City Chamberlain
and register his/her name and place of business in a book kept for
that purpose.
(b)
Furnish a certificate of competency as a master
plumber, signed by the Examining Board of Plumbers, that the applicant
is known to it as a person educated to the business and qualified
to receive a license.
(d)
Obtain the license plate prescribed by § 45
of the General City Law.
(2)
Upon payment of the designated fee, he/she shall be
entitled to receive a plumbing license as a master plumber. No license
shall be issued for more than one year, and it must be renewed before
the 10th day of January of each succeeding year. The fee for the original
license shall be $100. The fee for the renewal of such license shall
be $25 annually.
(3)
Notice of any change in the place of business of a
registered master plumber shall be given to the City Chamberlain,
in writing, within 10 business days of the change. Master plumbers
shall not sell, loan or assign their certificates or licenses.
B.
Journeyman plumber.
(1)
Every journeyman plumber, before engaging in the trade
of plumbing in the City of Townsville, shall:
(a)
Appear in person at the office of the City Chamberlain
and register by name and employer in a book kept for that purpose.
(b)
Furnish a certificate of competency as a journeyman,
signed by the Examining Board of Plumbers, that the applicant is known
to it as a person qualified as a journeyman to work in the City of
Townsville and to receive a license.
(2)
Upon payment of the designated fee, he/she shall be
entitled to receive a plumbing license as a journeyman plumber. No
license shall be issued for more than one year, and it must be renewed
before the 10th day of January each succeeding year. The fee for such
license and registration shall be $10 annually.
(3)
Notice of any change in employment of a registered
journeyman plumber shall be given to the City Chamberlain, in writing,
within 10 business days of the change. Journeyman plumbers shall not
sell, loan or assign their certificates or licenses.
C.
Apprentice plumber. Every apprentice plumber, within
30 days after enrollment in any state or federal certified apprentice
program or before engagement in any independent apprentice employment
by a master plumber in the trade of plumbing in the City of Townsville,
shall:
(1)
Appear in person at the office of the City Chamberlain
and register his/her name, the nature of the apprentice program and
employment, if any, and the name of his/her employer in a book kept
for that purpose.
(3)
So register annually before the 10th day of January.
(4)
Pay an annual registration fee of $10.
(5)
Give written notice of any change in apprentice program
or employment to the City Chamberlain within 10 days of such change.
A.
Certification of competency as a master plumber.
(1)
Experience. No person shall be examined by the Examining
Board of Plumbers for a master plumber's certificate unless he/she
shall have had experience as a plumber for at least eight years total,
within the sound discretion of the Examining Board of Plumbers. Four
years as a journeyman plumber must be included in the eight years'
experience, within the sound discretion of the Examining Board of
Plumbers. Documented proof of such experience is mandatory. The examining
Board of Plumbers may, in its discretion, waive the requirements of
this subsection where a person's training and experience shall be
the substantial equivalent of the foregoing requirement.
(2)
Examination.
(a)
An examination shall be given to all qualified
applicants for a certification of competency as master plumber.
(b)
The examination shall be in two parts:
[1]
Practical tests to determine the applicant's
skill as a journeyman plumber.
[2]
A written examination, in standardized form,
which shall consist of questions and problems designed to determine
the applicant's fitness and qualifications to engage in the business
of employing or master plumber. All written examinations shall be
answered in the handwriting of the applicant in the English language.
(c)
The times and places of holding examinations
shall be at the discretion of the Examining Board of Plumbers and
no less than once per year. However, the Board shall give such examinations
more frequently and at such times as may be necessary to ensure that
applicants will not be delayed unreasonably in the taking of such
examinations. The Board shall give reasonable notice of such times
and places to the applicants. The Board shall announce the results
of such tests within 30 days after completion.
(d)
If an applicant fails the examination, he/she
may retake the examination no more than twice per year thereafter.
(3)
Other qualifications. A person who passes the examination
shall be eligible to receive a certificate of competency, provided
that the Board is satisfied that he/she is a person of good repute,
character and responsibility nod otherwise qualified to engage in
the business of plumbing in the City of Townsville. It shall be presumed
that a person who passes the examination shall be "otherwise qualified
to engage in the business of plumbing in the City of Townsville."
B.
Certification of competency as a journeyman plumber.
(1)
Experience. No person shall be examined by the Examining
Board of Plumbers for a journeyman plumber's certificate unless he/she
shall have had experience as a plumber or an apprentice plumber or
was duly engaged in an accredited apprentice program for at least
four years. Documented proof of such experience or apprenticeship
is mandatory. The Examining Board of Plumbers may, in its discretion,
waive the requirements of this subsection when a person's training
and experience shall be the substantial equivalent of the foregoing
requirements.
(2)
Examination.
(a)
An examination shall be given to all qualified
applicants for a certification of competency as a journeyman plumber.
(b)
At the option of the applicant, there shall
be either a written examination in standardized form, or an oral examination
before the Examining Board of Plumbers which shall cover questions
and problems designated to determine the applicant's fitness and qualifications
to engage in the trade of plumbing as a journeyman plumber. The written
examination shall be answered in the handwriting of the applicant
in the English language.
(c)
The times and places of holding examinations
shall be at the discretion of the Examining Board of Plumbers and
no less than once per year. However, the Board shall give such examinations
more frequently and at such times as may be necessary to ensure that
applicants will not be delayed unreasonably in the taking of such
examinations. The Board shall give reasonable notice of such times
and places to the applicants. The Board shall announce the results
of such tests within 30 days after completion.
(d)
If an applicant fails the examination, he/she
may retake the examination no more than twice per year thereafter.
(3)
Waiver of examination. The examination is waived for
and a certificate of competency as a journeyman plumber shall be issued
to all plumbers who are or shall be otherwise qualified as journeyman
plumbers herein prior to January 1, 1983.
No person or entity shall engage in, work at
or conduct the business of plumbing within the City of Townsville
without a license. Plumbing licenses shall not be transferred or loaned
by one person or entity to another. This section does not apply to
private property plumbing, as defined above.
A.
The City Chamberlain shall issue a plumbing license as a master plumber to all master plumbers who comply with the provisions of § 146-25A of this article.
B.
The City Chamberlain shall issue a plumbing license as a journeyman plumber to all journeyman plumbers who comply with the provisions of § 146-25B of this article.
C.
The City Chamberlain shall issue a special plumbing
license for a specific job to any person holding a current master
plumber's license issued by any municipality of the State of New York
under the provisions of Article 4 of the General City Law, provided
that such person first:
(1)
Appears in person at the office of the City Chamberlain
and registers in a book kept for that purpose by name, usual place
of business and specified job within the City of Townsville.
(2)
Furnishes proof of his/her current master plumber's
license.
(3)
Furnishes proof of liability insurance in the amount and kind as that required by § 146-28 of this article.
(4)
Pays a fee for such license in the amount of $110.
This special license is valid only for the job specified and shall
expire when the job is completed.
D.
A domestic corporation desiring or intending to conduct the trade, business or calling of a plumber or of plumbing in this City may do so, provided that one or more officers of such corporation separately or aggregately actually hold and own at least 51% of the issued and outstanding capital stock of the corporation, and provided that each of such officers holding such percentage of the stock is the holder of a certificate of competency issued in accordance with the provisions of this article. In case one or more officers of a corporation engaged in such business shall die, being the holder of a certificate of competency, the corporation may continue to do business during the time necessarily required for the administration of the estate of such deceased officer, not exceeding two years from the granting of letters, provided that one or more officers of the corporation is the holder of a certificate of competency and, together with the legal representatives of such deceased officer or officers, actually owns and holds at least 51% of the issued and outstanding capital stock of said corporation. Each and every member of the corporation holding a certificate of competency shall be licensed and shall comply with all the rules and regulations applicable to master or employing plumbers in this article. Such corporation shall register as provided in § 146-25 of this article.
Every person or entity who desires or intends
to engage in the trade, business or calling of plumbing in the City
of Townsville must obtain liability insurance coverage in the minimum
amount of $100,000 for property damage and $300,000 for public liability,
including bodily injury.
A.
Any person or entity who or which is found in violation
of any provision of this article is subject to suspension or revocation
of his/her plumbing license or privilege as a private property owner
to secure a permit for private property plumbing for up to one year,
in addition to any sanctions or penalties set forth elsewhere in the
Code or New York State law.
B.
The Examining Board of Plumbers shall have the power
to conduct hearings on charges of incompetency or the violation of
any provision of this article by any plumber to whom a license has
been issued and may revoke or suspend for a period of no more than
one year the license of any plumber found guilty of any or all of
the charges preferred against him/her. The plumber or private property
owner charged with incompetency or a violation of this article shall
be served with a written notice specifically setting forth the charges
of incompetency or violations with which he/she is charged, which
notice shall be served on him/her personally or by registered mail
not less than 10 days prior to the hearing. The party charged may
be represented by counsel and shall have the right to cross-examine
witnesses in the defense of the charges or violations. A majority
vote of the entire Examining Board of Plumbers shall be required in
order to revoke or suspend a certificate of competency.
C.
Any person or entity who or which disagrees with any
ruling, decision or conduct of the Plumbing Inspector which affects
him/her or it or is aggrieved by the application of any provision
of this article may appeal the same to the Examining Board of Plumbers.
Such appeal must be made in writing and filed with the Examining Board
of Plumbers within 30 days of the ruling, decision, conduct or application
appealed from. The Examining Board of Plumbers shall hear the appeal
within 30 days after it is filed and render its decision within 30
days thereafter.
D.
Any person or entity who or which disagrees with any
ruling, decision or conduct of the Examining Board of Plumbers which
affects him/her or it may appeal the same to the Code Appeals Board.
Such appeal must be made in writing and filed with the Code Appeals
Board within 30 days of the ruling, decision or conduct appealed from.
The Code Appeals Board shall hear the appeal within 30 days after
it is filed and render its decision within 30 days thereafter. For
purposes of this article, the decision of the Code Appeals Board is
final, subject to judicial review.
A.
Requirement for permit. No person or entity shall
do any plumbing work or do any work involving or affecting a plumbing
system, except minor repairs, without first obtaining a written permit
therefor. This permit shall be obtained from the Plumbing Inspector
by the licensed plumber who or whose firm has been employed to do
such work or by a private property owner who intends to engage in
private property plumbing, as defined in this article.
B.
Application and issuance.
(1)
The Plumbing Inspector shall not issue any permit
except upon a written application which shall detail the character
of the plumbing or repair work to be done, the number and location
of street openings, if any, and the number, name, character and location
of plumbing fixtures to be repaired or put in and which shall be signed
by the party applying therefor. Plans and/or specifications shall
be approved prior to issuance of a permit. Upon approval of such application,
plans and/or specifications, the Inspector shall issue a permit accordingly.
The original shall be issued to the party applying therefor, and a
duplicate, together with such application, shall be kept as a permanent
record in the Plumbing Inspector's office.
(2)
After a plan or specification has been approved, no
significant alterations of the same will be allowed except on written
application to the Plumbing Inspector. The Plumbing Inspector shall
review the application and issue a supplementary permit as appropriate
before any part of the change is started.
C.
Fees. No permit for plumbing and drainage work shall
be issued nor reinspections made, as necessary, until the fees required
for the same are paid in full to the Plumbing Inspector. All moneys
so collected shall be paid over weekly by the Plumbing Inspector to
the City Chamberlain.
(1)
City
of Townsville plumbing permit fee schedule.
[Added 8-7-2013 by Ord. No. 2013-11]
(a)
(c)
Partial service users. All permit fees for work conducted on premises
not connected both to City water and City sewer service or not anticipated
to be connected both to City water and City sewer service once connected
to any water or sewer service shall be based on the City of Townsville
plumbing permit fee schedule for commercial or other plumbing work
plus 15% of the total therein specified.
D.
Inspections and tests.
(1)
The Plumbing Inspector shall be notified promptly
when the plumbing and drainage work of any building or portion thereof
is completed and ready for inspection and/or testing. All work must
be left uncovered and convenient for examination until inspected and
approved. Any plumbing installed and covered without notice to the
Inspector must be uncovered for inspection at the direction of said
Inspector. If said work shall be found by the Inspector to comply
with all rules, regulations and code and shall stand the test or tests
as prescribed and customary in the trade, said Inspector shall approve
the same and so certify. The work may then be covered up.
(2)
The Inspector shall make inspections or otherwise
approve the work within two business days after inspection has been
called for.
(3)
No application for inspection of any work will be
accepted unless the plumber has previously filed with the Plumbing
Inspector and has had approved by the Plumbing Inspector an application
with specifications and/or plans of the work to be executed.
The Examining Board of Plumbers, in conjunction
with the Nontario County Board of Health, shall establish and promulgate
written, local regulations concerning the technical aspects of plumbing
and plumbing systems, including water heaters and water-heating systems,
not inconsistent herewith and subject to review and approval by the
Code Appeals Board and the Board of Public Works, as necessary.
In the case of a dispute between a plumber and
the Plumbing Inspector as to the proper interpretation of any of the
provisions of the Plumbing Code, the Plumbing Inspector shall report
the facts to the Examining Board of Plumbers, which shall set a date
for a hearing and, as soon as practicable, render its interpretation.
