[Amended 11-7-1970; 4-7-1976 by L.L. No. 15-1976; 9-1-1981; 3-16-1982; 6-15-1982; 1-20-1987; 4-4-1989; 11-24-1992 by L.L. No.
10-1992; 4-11-1995 by L.L. No. 11-1995; 9-9-1997 by L.L. No. 14-1997; 7-20-1999 by L.L. No. 15-1999; 2-22-2000 by L.L. No. 2-2000; 6-6-2000 by L.L. No. 13-2000; 6-30-2000 by L.L. No. 16-2000; 6-18-2002 by L.L. No. 16-2002]
A.
There shall be a Plumbers' Examining Board for the
Town, which shall consist of a Chairperson and six members, all of
whom shall be licensed master plumbers licensed by the Town.
[Amended 4-11-2007 by L.L. No. 7-2007; 1-6-2016 by L.L. No. 1-2016]
B.
Each member of the Plumbers' Examining Board, including
the Chairperson, shall be duly appointed by the Town Board and shall
serve for a five-year term.
C.
The Chairperson of the Plumbers' Examining Board shall
be the chief executive officer, who shall call and preside over all
meetings, hearings and examinations.
D.
Any member of the Plumbers' Examining Board may be
removed by the Town Board for cause after an opportunity to be heard.
A statement of cause of his removal shall be filed by the Town Board
in the office of the Town Clerk.
E.
The members of the Plumbers' Examining Board, including
the Chairperson, shall receive compensation as set by the Town Board.
F.
The Plumbers' Examining Board shall make rules and
regulations for the conduct of its business as an examining board.
[Amended 5-9-2006 by L.L. No. 13-2006]
A.
The Town Board hereby grants licensing authority to
the Plumbers' Examining Board, which shall examine each applicant
for a license to determine his qualifications under this article and
shall recommend to the Town Clerk that a license be issued to each
applicant who passes and qualifies at such examination.
B.
Any person desiring a master plumber's license or
a restricted master plumber's license shall make application in writing
on an approved form. The filing and examination fee shall be as determined
from time to time by Town Board resolution, and the application shall
be accompanied by two recent photographs of the applicant, size 1 1/2
inches by 1 1/2 inches.
C.
The Plumbers' Examining Board shall arrange, conduct
and grade the examination of each applicant for a master plumber or
restricted master plumber's license as soon as possible after the
application is filed. After grading the examination of an applicant
for a master plumber's or restricted master plumber's license, the
Plumbers' Examining Board shall advise the applicant of his passing
or failing the examination.
D.
As a condition precedent to taking an examination
for a master plumber, the applicant must prove to the satisfaction
of the Plumbers' Examining Board that he is a journeyman plumber of
at least seven years' experience; that there is no uncorrected violation
existing against his prior work; and that there is no unsatisfied
civil judgment relating to his work as a plumber against him.
E.
As a condition precedent to taking an examination
for a restricted plumber’s license, the applicant must prove
to the satisfaction of the Plumber’s Examining Board that he
is a plumber of at least five years’ experience in the area
that he seeks the restricted license; that there is no uncorrected
violation existing against his prior work; and that there is no unsatisfied
civil judgment against him relating to his work as a plumber.
F.
An applicant shall have the right, upon payment of
the proper fee, to retake the examination provided for herein after
the passage of 60 days from the notice of refusal to issue a license
or failure to pass the examination.
G.
An applicant who has failed an examination provided
for herein or who has been refused a license hereunder shall have
the right to appear before the Town Board to appeal said failure or
refusal.
H.
The Plumbers' Examining Board shall have the right
to waive a formal examination where, in its discretion and after review
of an applicant's qualifications, it believes that the applicant is
a qualified and competent plumber.
A.
If an applicant is deemed duly qualified by the Plumbers'
Examining Board and has paid all his filing and examination fees,
there is no uncorrected violation against his prior work, and there
is no unsatisfied civil judgment against him for his work as a plumber,
he shall be granted a license. A license shall be issued for a period
of three years.
B.
All new plumber's licenses applicants shall be issued
a license with a license period and expiration date consistent with
the existing license period and expiration date.
C.
Any plumber who fails to timely renew his/her plumbing
license under this code shall be subject to a late filing fee of $100,
in addition to and above the annual licensing fee.
D.
Any plumber who fails to renew his/her plumbing license under this code within one year of its expiration must take a new examination according to the requirements outlined in § 170-51 and other applicable sections of the code.
E.
A license granted under the provisions of this article
shall be in force until it expires on July 1, unless suspended sooner
or revoked.
F.
Any plumber found to be working in the Town of Babylon
with an expired license shall be fined an amount equal to the amount
of two times the licensing fee as established herein from the date
of expiration to the date of renewal, in addition to any late renewal
fees or other fines now or hereafter established.
G.
The Town Clerk of the Town of Babylon, for good cause
shown, shall have the authority to extend the validity of a plumber's
license for a period of 60 days.
[Added 6-17-2003 by L.L. No. 9-2003]
A.
Every master plumber or restricted master plumber
shall file with the Town as a condition precedent to receiving his/her
license:
(1)
A policy of liability and property insurance naming
the Town of Babylon as an additional insured in the minimum amount
of $1,000,000 personal injury liability and $1,000,000 property damage
liability, indemnifying and naming harmless the Town and/or its department,
its employees, agents or servants of and from all damages or claims
from damage to a public sewer, water service main or water pipe; to
a highway or the surface thereto; to public or private property; and
any or all other work which shall be undertaken by the master plumber
to any person or property arising from unlawful or negligent acts
of commission or omission of said master plumber, its agents, employees
or servants or persons operating under the direction of the master
plumber under the authority of his/her license. This insurance shall
further indemnify the Town for any damages to any other municipal
facility in making connections with a public sewer, in opening a public
sewer or in making an opening or excavation in a public highway or
in maintaining, guarding, refilling or working in or about such openings
or excavations or in maintaining or guarding objects or materials
taken from such opening or excavation or used in connection therewith.
No bond shall be required by the Town as a prerequisite for a master
plumber to receive his license from the Town.
(2)
New York State workers' compensation (if required
by New York State law).
(3)
New York State disability benefits (if required by
New York State law).
B.
The applicant's insurance company will be required
to have a Best rating of A-10 or better and be licensed by the State
of New York. Said insurance policies shall remain in full force and
effect for the duration of the plumber's license, and the policy shall
provide that written notice of cancellation or amendment of said policy
must be presented to the Town 10 days prior to such cancellation or
amendment becoming effective.
C.
The cancellation, suspension or lapse of said master
plumber's insurance and/or the failure to name the Town as an additional
insured shall mean an automatic suspension of the master plumber's
license previously granted. When the Town has received written proof
that the mandatory insurance has been reinstated by the master plumber,
then the license issued to the master plumber shall likewise be reinstated.
[Amended 6-8-2016 by L.L.
No. 8-2016; 9-4-2019 by L.L. No. 5-2019]
A partnership or corporation may establish,
engage in or carry on the business of plumbing under a master plumber's
license or restricted plumber's license granted in accordance with
the provisions of this article to a plumber who is a significant stockholder
in such business, holds an office in that business and is in financial
control and responsible for the carrying on of such business in accordance
with the provisions of the laws, ordinances and regulations of the
state, county and Town applicable to said business.
No master plumber shall, directly or indirectly,
allow his license to be used in connection with work not actually
performed by him directly or under his immediate supervision.
[Amended 4-22-2009 by L.L. No. 7-2009]
A plumber's license, duly granted under the
provisions of this article, shall not be transferable or assignable.
A duly licensed plumber of the Town may file
an affidavit testifying to the fact that he has replaced another plumber
on a particular job. Such affidavit shall in no way affect the rights
of any third party.
Whenever a licensed master plumber or restricted
master plumber shall retire or change his/her home or business address
from the place named in his/her application, he/she shall give the
Plumbers' Examining Board, the Town Division of Building in the Department
of Planning and Development and the Town Clerk written notice of such
change and shall also state his/her new address.
All plumbing vehicles utilized by a master plumber
in the operation of his business must display the name, address and
license number of the plumbing firm or business on both sides of the
vehicle. The minimum size of the letters shall be two inches in height.
[Amended 10-6-2009 by L.L. No. 21-2009]
A.
Notwithstanding anything herein contained to the contrary, a person
may engage in any of the businesses or occupations described below
within the Town, provided that he shall first have obtained a license
known and designated as a "restricted plumber's license for (designated
occupation)" from the Plumbers' Examining Board.
B.
The plumbing work permitted under a restricted plumber's license is limited to the plumbing work necessary and solely related to the operation, installation, maintenance and repair of the equipment associated with the field for which the restricted plumber's license is specifically issued. Modifications to existing plumbing systems are permitted, provided that such modifications are no more than 10 feet from the equipment being installed, maintained or repaired unless specified under specific occupation or business license in Subsection C. All plumbing work within this license classification must conform to the applicable standards of the Town of Babylon or to the New York State Plumbing Code.
C.
The occupations or businesses for which a restricted plumber's license
shall be issued are as follows:
(1)
Fire sprinkler systems: limited to the installation of fire sprinkler
systems, necessary appurtenances thereto and such piping necessary
to bring water to the system.
(2)
Heating: limited to the installation of furnaces, burners, boilers
and radiation oil tanks and all component parts and piping, including
water piping within a radius of six feet of a boiler.
(3)
Air conditioning and refrigeration: limited to the installation of
all air-conditioning and refrigeration equipment and water connections
to those units only.
(4)
Electric sewer cleaning: limited to the cleaning of waste lines and
removal of such sections of same in order to complete service. This
does not permit any alteration of any existing drainage.
(5)
Gas tank installers: limited to the installation of storage tanks
for gasoline, propane and similar fuels both above and underground.
(6)
Underground sprinkler systems: limited to the installation of underground
sprinkler systems for landscaping purposes.
(7)
Air conditioning and heating: limited to the installation of all
air-conditioning equipment and water connections to those units only,
as well as the installation of furnaces, burners, boilers and radiation
oil tanks or gas supply and all component parts and piping, including
water piping within a radius of six feet of a boiler.
(8)
LP gas: limited to the installation, repair, alteration, maintenance
or erection of piping and apparatuses in connection with LP gas burning
equipment. An LP gas licensee may perform the following acts: furnish
and/or install, repair, maintain, alter or erect LP gas burning equipment
and components which include LP gas storage tanks, LP gas piping,
LP gas burner equipment and all other LP gas appurtenances. An LP
licensee may not perform the following acts: direct connections to
water supply systems, waste and/or drainage systems and natural gas
installations and service.
(9)
Well driller: limited to the drilling of the well piping into pneumatic
tanks, hook-up water pumps and tank. A well-driller licensee may not
perform the following acts: the installation of any water piping within
the building.
A.
Authority. The Plumbers' Examining Board of the Town,
after determining that another municipality maintains a standard of
licensing plumbers at least equivalent to that maintained in the Town,
may, subject to Town Board approval, enter into a written reciprocal
agreement with such other municipality wherein each municipality may
waive examination of plumbers holding a license or certificate or
letter of competency from the other municipality. The Town may, unilaterally
through the action of the Town Board, revoke its reciprocity with
another municipality without notice and as it sees fit. A person so
qualified shall, nevertheless, be subject to Town licensing fees.
B.
Effect. When any applicant for a Town plumbing license
maintains either his residence or his principal place of business
in a municipality by which he is licensed and certified competent
and such municipality has entered into a reciprocal agreement with
the Plumbers' Examining Board of the Town, then the formal examination
required in this article shall be waived. Such applicant shall furnish
a photostatic copy of his letter of competency together with a statement
to the effect that he is in good standing as a plumber in the other
municipality. In addition, the applicant must show suitable proof,
as determined by the Plumbers' Examining Board, that either his residence
or his principal place of business is within such municipality. Under
this reciprocal agreement, the necessary examination may be waived.
C.
If a licensed master plumber or restricted master
plumber who has been licensed by the Town of Babylon Plumbers' Examining
Board under the provisions of a reciprocity agreement with a municipality
subsequently applies for and takes the Town of Babylon Plumbers' Examining
Board master plumber' s or restricted master plumber' s examination
and fails the examination, the Plumbers' Examining Board shall revoke
the plumber' s license until he/she retakes the examination; passes
the Plumbers' Examining Board's examination and pays the appropriate
licensing fees as set under this Article.
A.
The Plumbing Inspector of the Town shall have the
power to recommend that a plumber's license be suspended or revoked
because of existing, continuing and uncorrected violations of the
Town Plumbing Code or any other applicable ordinance, law or code.
B.
The Plumbers' Examining Board shall not recommend
the suspension or revocation of a license granted herein to the Town
Board without holding a hearing thereon.
C.
The licensee shall receive at least 10 days' notice,
stating the name and address of the licensee concerned and the subject
matter of the hearing, by mailing by certified mail a copy thereof
to the licensee concerned at the last address shown upon the most
recent application of such licensee.
D.
The Plumbers' Examining Board shall, for such purpose,
keep a record of the testimony.
E.
All witnesses shall be sworn and examined under oath.
F.
Within a reasonable time after said hearing, the Plumbers'
Examining Board shall issue written findings and render a written
opinion, which shall be submitted to the Town Board, together with
its written recommendation. The licensee shall receive a copy of the
findings, opinion and recommendation.
G.
A plumber' s license issued hereunder may be suspended
or revoked by the Town Board if the licensee thereof shall have violated
any provision of the Town of Babylon Plumbing Code or any other ordinance,
law or code related to the performance of licensee duties as a plumber.
H.
Any other provisions of this Article notwithstanding,
the Town Board shall have the right to suspend or revoke a license
previously granted, without prior notice or hearing.
This chapter shall not be construed to relieve
from nor lessen the responsibility of any person owning, operating,
controlling or installing any plumbing and heating devices, gas piping,
appliances or equipment for loss of life or damage to person or property
caused by any defect therein, nor shall the Town be deemed to have
assumed such liability by reason of any licenses issued.
