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:
APPRENTICE PLUMBER
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.
CERTIFICATE OF COMPETENCY
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.
CODE APPEALS BOARD
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.
EXAMINING BOARD OF PLUMBERS
The examining and supervising board of individuals, constituted and charged as set forth herein.
INSPECTOR
The chief inspector of plumbing and drainage charged with the enforcement of this code and plumbing rules and regulations governing plumbing and drainage.
JOURNEYMAN PLUMBER
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.
MASTER PLUMBER
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.
MINOR REPAIRS
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.
PLUMBING
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.
PLUMBING SYSTEMS
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.
PRIVATE PROPERTY OWNER
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.
PRIVATE PROPERTY PLUMBING
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.
(c) 
Furnish proof of liability insurance coverage as required by § 146-28 below.
(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.
(c) 
Furnish proof of liability insurance coverage as required by § 146-28 below.
(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.
(2) 
Furnish proof of liability insurance coverage as required by § 146-28 below.
(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) 
New construction.
[1] 
Single-family residences: Application fee of $60 plus $10 per fixture.
[2] 
Multiple residences.
[a] 
Two to 10 units: Application fee of $110 plus $10 per fixture.
[b] 
Eleven to 20 units: Application fee of $260 plus $10 per fixture.
[c] 
Twenty-one units or more: Application fee of $510 plus $10 per fixture.
[3] 
Commercial or other plumbing work.
[a] 
Under $25,000: Application fee of $110 plus $15 per fixture.
[b] 
Between $25,000 and $100,000: Application fee of $260 plus $15 per fixture.
[c] 
Between $100,000 and $500,000: Application fee of $510 plus $15 per fixture.
[d] 
Over $500,000: Application fee of $760 plus $15 per fixture.
(b) 
Renovations and additions.
[1] 
Single-family residences: Application fee of $35 plus $10 per fixture.
[2] 
Multiple residences: Application fee of $110 plus $10 per fixture.
[3] 
Commercial or other plumbing work: Application fee of $110 plus $15 per fixture.
(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.