Required. Any person desiring or intending to conduct the trade, business or calling of a plumber or of plumbing in the City as a master plumber, a residential plumber, or a heating, ventilating and air-conditioning contractor, shall submit to an examination before the Board of Examining Plumbers as to their experience and qualifications for such trade, business or calling, and it shall be unlawful for a person to conduct such trade, business or calling in the City unless and until they shall have obtained a certificate of competency from the City Clerk.
Residential plumbers. The term "three-dwelling-unit residential plumber" is hereby replaced with the term "residential plumber." A residential plumbing license authorizes the license holder to perform all work of plumbing and HVAC on all residential buildings with the exception of residential buildings containing any nonresidential commercial spaces. Persons holding a three-dwelling-unit residential license at the time of the effective date of the adoption of this section shall be automatically granted a residential plumbing license.
HVAC license. HVAC licensees may perform HVAC work on all buildings in the City of Oneonta.
Master plumber license. Master plumbers may perform plumbing and HVAC work on all buildings in the City of Oneonta.
Certificate of competency. A certificate of competency and license shall be issued, without further examination, to all persons having held such certificates in the City prior to the effective date of this chapter.
Examination and original license fees. There shall be a nonrefundable application for examination fee that shall be set by resolution from time to time by the Common Council of the City of Oneonta. The fee for an original license shall be set by resolution from time to time by the Common Council of the City of Oneonta for each individual firm or corporation. An insurance policy to the City of Oneonta individually, and/or as an additional insured, is required to indemnify the City against liability for bodily injury, property damage, costs and expenses which the City may incur or suffer by reason of the granting of such permit. Such policy shall be at least in the sum of $300,000 single limit for bodily injury and property damage liability combined and shall be in such form as may be prescribed or approved by the City Attorney. This requirement is necessary for renewals.
Term; renewal fee.
Licenses shall be issued for the calendar year and expire on December 31 of each year. Licenses shall be renewable yearly at the office of the City Clerk, upon payment of the annual license renewal fee as set by resolution from time to time by the Common Council of the City of Oneonta.
Any master plumber, residential plumber or HVAC contractor previously licensed in the City of Oneonta who is applying to renew a license that has expired shall be subject to the following rules and regulations:
A license may be renewed within five years of its expiration upon payment of the appropriate fee and showing proof of insurance. Persons in active military service can make application for renewal under this provision for a period of 10 years after expiration of a license.
A license may be "inactive," whereas the licensee pays the yearly fee but does not furnish insurance. The license is therefor inactive, and no plumbing/HVAC work may be done or permits issued, until the license is removed from this inactive status.
Restricted licenses, unlicensed contractors and contractors licensed by other entities.
Notwithstanding any other provisions of this section, where an applicant for a master plumber license, residential, or heating, ventilating or air-conditioning license establishes by presenting to the City Clerk and Code Enforcement Officer satisfactory documentary proof that he or she holds a current license from another state or political subdivision thereof or from the State of New York or any political subdivision thereof, which license was issued on the basis of an adequately rigorous qualifying examination, the City Clerk and Code Enforcement Officer shall waive the written examination and the City Clerk shall issue the applicant the appropriate license.
Notwithstanding any other provisions of this section, where an applicant for a master plumber's license, residential plumber's license, or heating, ventilating, and air-conditioning license establishes to the satisfaction of the City Clerk and Code Enforcement Officer that he or she has completed at least 10 full years of full-time work, or the equivalent over a longer period of time, in either of said fields, either working independently or under the direction of a master plumber, residential plumber, or heating, ventilation, and air-conditioning contractor, respectively, and attendance at, and certification from, a school of plumbing and/or HVAC training, respectively, equal to or better than the State University at Delhi, N.Y., for at least two years for a master plumber's license, and at least one year for a residential or HVAC license, with affidavits supporting such qualifications, the examination requirement shall be waived and that person shall be granted a license for the type of work appropriate to his/her experience and education.
Notwithstanding any other provisions of this section, where an applicant for a master plumber license, residential plumber license, or heating, ventilating, and air-conditioning license establishes to the satisfaction of the City Clerk and Code Enforcement Officer that he or she has completed at least 20 full years, or the equivalent over a longer period of time, of full-time work in either of said fields, either working independently or under the direction of a master plumber, residential plumber, or heating, ventilation and air-conditioning contractor, respectively, with affidavits supporting such qualifications, the examination requirement shall be waived and that person shall be granted a license for the type of work appropriate to his/her experience.
Community action agencies which are New York State certified and financed and overseen by the New York State Division of Housing and Community Renewal Energy Services Bureau shall, upon application, receive a restricted license limited to the installation of furnaces, boilers and domestic water heaters for homeowners who are low-income qualified under state and federal assistance programs in buildings which are entirely residential in use and contain no more than one dwelling unit.
The fee for such licenses shall be set by resolution from time to time by the Common Council of the City of Oneonta.
Property owners. A property owner of a one- or two-family dwelling, only which they themselves occupy, may perform plumbing work thereon, excluding work on heating and domestic water-heating equipment in two-family dwellings, if they obtain a permit pursuant to § 210-8.
Journeymen and apprentice plumbers.
Any person employed by a master plumber, a residential plumber, or a heating, ventilating, air-conditioning contractor shall carry with them at all times an identification card identifying them as either an apprentice or journeyman. Said identification cards shall be obtained at the office of the City Clerk, and said card shall state the name, age and residence of the apprentice or journeyman, by whom he is employed and any other information required by the Board of Examining Plumbers.
Apprentice cards shall be issued to persons who are not qualified journeymen for a yearly fee as set by resolution from time to time by the Common Council of the City of Oneonta per annum, and all such cards shall expire on December 31 of the calendar year issued.
Journeymen plumber cards shall be issued only to persons who are qualified journeymen for the sum which shall be set by resolution from time to time by the Common Council of the City of Oneonta per annum, and all such cards shall expire on December 31 of the calendar year issued.
Each identification card shall be signed by both the employer and employee, and said employee must carry said card on their person at all times they are working on the job.
When said journeyman or apprentice no longer is employed by the licensee who obtained and paid for their said identification card, said apprentice or journeyman shall surrender their card to their former employer, and said licensee employer shall thereupon deliver said card to the City Clerk for revocation and cancellation.
Terms; nontransferable; revocation. Said licenses shall be renewed annually and shall be for the calendar year of issuance. Said licenses are not transferable and shall be pursuant to the provisions of Chapter 166, Licenses and Permits, of the Code of the City of Oneonta. Said license is revocable for cause and particularly for the neglect or omission to obtain a permit and pay the inspection fee provided for and pursuant to § 210-8 of this chapter for each and every installation, original or replacement, of a boiler, furnace, space heater or hot-water heater of any description in the City of Oneonta, New York.
Filing of application. An application for such license shall be filed with the City Clerk upon the forms provided, together with payment of the fee therefor and the delivery of the bond herein required. The City Clerk shall act upon said application and approve or disapprove of the same.
Responsibility for obtaining required permits. It shall be the responsibility of the licensee, or the homeowner doing their own work, to apply for and obtain all permits required by the provisions of this chapter. Said permits shall be issued to said applicants as permittee for their employment at the property designated in the application upon the payment of the required fee therefor.
Application and fees. All work of plumbing in the City and the districts served by the water and/or sewer system of the City shall be done under permit issued by the City Clerk and the City Plumbing Inspector in accordance with the rules of the Board of Public Service, and the City Clerk shall immediately send to the City Engineer notice of the payment of the permit. Each such application for a permit shall be accompanied by payment of the fee therefor set forth in the fee schedule as set by resolution from time to time by the Common Council of the City of Oneonta.
New construction. For all new construction, other than single- or two-family dwellings, plumbing plans must accompany the plans and specifications required in the application for a building permit.
Major repairs. All major repairs, alterations and/or extensions of a plumbing system in other than a single- or two-family dwelling shall be done according to plans and specifications approved by the Plumbing Inspector and filed with the City of Oneonta.
Minor repairs. In case of minor repairs, alterations and/or extensions of a plumbing system or a heating, ventilating or air-conditioning system where plans and specifications are not required by the Plumbing Inspector, a record form furnished by the City of Oneonta shall be filed with the City Engineer before work has been started, and this record shall contain inspection data and final approval.
Heating systems. Permits are required for the new installation or replacement installation of boilers, furnaces, hot-water heaters, both electric and gas, and gas dryers, and the fee therefor as set by resolution from time to time by the Common Council of the City of Oneonta shall be paid to the City Clerk before the permit may be issued.
Work by property owner. Notwithstanding anything to the contrary herein stated, any property owner may, upon obtaining the necessary permit therefor, change, alter or repair plumbing in his or her own home; provided, however, that he or she has the necessary permit therefor, but the City Clerk shall not issue a permit until the owner has been certified by the Plumbing Inspector or City Engineer as competent to perform the work, and the same shall be subject to inspection upon completion. The Plumbing Inspector or City Engineer may require the owner to demonstrate his or her aptitude and knowledge to perform the intended work.
Gas heating units. Permits are required for the installation of all gas heating units of any description, size or manufacture. All such units shall be installed and vented properly and shall be subject to the inspection and approval of the Plumbing Inspector.
License required. It shall be unlawful for any person to install or service a boiler, furnace, hot-water heater or space heater, heated or fired by electricity, gas, oil or liquid petroleum in the City of Oneonta unless they are a master plumber or their card-carrying employee or a licensed heating, ventilating and air-conditioning contractor or their card-carrying employee or a licensed Residential plumber or their card-carrying employee.
Failure to apply for plumbing and/or heating permits. Any person who fails to apply for and secure a permit for all work of plumbing and/or heating as required by the provisions of this chapter and who proceeds with plumbing and/or heating work shall be required to file the necessary applications with all required attachments and shall pay all applicable fees and, in addition, shall be required to pay an inspection fee as determined by the Common Council.
Exemptions. A permit shall not be needed where old non-fuel-supplying bathroom and kitchen fixtures are removed and new fixtures set in their place. Any extension or removal and replacement of venting, supply piping, hand or drainage piping would require a permit.
Upon completion of any project worked on by journeymen or apprentices of a licensed master plumber, residential plumber or HVAC contractor, for which a plumbing/HVAC permit was required in accordance with the requirements of this chapter, there shall be filed with the municipality an affidavit of that licensed master plumber, residential plumber or HVAC contractor, which affidavit shall state that the deponent has supervised and inspected the work and that the work was performed and completed in accordance with the laws, codes and regulations governing such work, or in accordance with a variance which has been legally authorized. Such variances and qualifying conditions imposed therewith, if any, shall be specified in the affidavit.
Required. In each instance where a permit is required as herein provided, all piping, traps and fixtures of every plumbing system and all appliances, boilers, furnaces, space heaters, hot-water heaters and all other such units heated or fired by electricity, gas or liquid petroleum shall be inspected by the Plumbing Inspector and/or the Fire Chief as hereinbefore provided to assure compliance with the requirements of this chapter and the installation thereof in accordance with the approved plans and permit.
Plumbing Inspector's duties. Inspections and tests shall be made by the Plumbing Inspector of all new plumbing, heating, hot water and appliance installations and of all alterations, renewals or extensions of the same, except those of a minor nature wherein no plan or permit therefor is required. The Plumbing Inspector shall also be required to help the Board with additional duties, such as plumbing/HVAC examinations and proctoring.
Permittee's duties. It shall be the duty of the plumber, or heating, ventilating and air-conditioning contractor issued a permit pursuant to provisions of this chapter as permittee to notify the Plumbing Inspector when the work is ready to be inspected and tested. No system shall be covered or concealed until such inspection and testing has been made and approved by the Plumbing Inspector. Failure to contact the Plumbing Inspector 24 hours in advance may constitute permits not being issued in the future.
State Building Construction Code applicable to plumbing. In case of a dispute between a plumber, or a heating, ventilating and air-conditioning contractor, and the Plumbing Inspector as to the proper interpretation of any of the provisions of the State Building Construction Code or this chapter, the Plumbing Inspector shall report the facts to the Board of Examining Plumbers, and at their option the contractor may also report the facts to the Board of Examining Plumbers. Upon receipt of such report, the Board of Examining Plumbers shall set a date for a hearing, providing for due and timely notice to be given to the parties interested.
Appeal to Zoning and Housing Board of Appeals. If the determination of the Board of Examining Plumbers is unacceptable to either party, the matter may be referred to the Zoning and Housing Board of Appeals. The Zoning and Housing Board of Appeals shall then decide upon the proper interpretation and shall sustain, modify or withdraw all prior decisions. The interpretation of the Zoning and Housing Board of Appeals shall be final, subject, however, to review pursuant to Article 78 of the Civil Practice Laws and Rules (CPLR).