[HISTORY: Adopted by the Town Board of the
Town of Wheatfield 2-28-1994 by L.L. No. 1-1994; amended in its entirety 6-3-2002 by L.L. No.
4-2002. Subsequent amendments noted where applicable.]
[Amended 1-23-2006 by L.L. No. 1-2006]
A Plumbing Review Board for the Town of Wheatfield,
New York, is hereby created and shall consist of five persons to be
appointed by the Town Board of the Town of Wheatfield; one of whom
shall be the Building Department Head; one of whom shall be the Town
Building Inspector; one of whom shall be the Town Plumbing Inspector;
one of whom shall be the Superintendent or Foreman of the Town Water
and Sewer Department; and one of whom shall be a ten-year resident
of the Town of Wheatfield. The Building Department Head shall be Chairman
of the Plumbing Review Board, and the Town Board shall designate a
Secretary to the Plumbing Review Board on a biannual basis.
[Amended 1-23-2006 by L.L. No. 1-2006]
Term of office for members of the Plumbing Review
Board shall be for a period of two years. If a vacancy shall occur
otherwise than by expiration of term, it shall be filled by the Town
Board by appointment for the unexpired term.
The members of such Board shall receive compensation
for their services as set by the Wheatfield Town Board.
All members of such Board shall be citizens
and actual residents of the Town of Wheatfield.
The Plumbing Review Board shall have power,
and it shall be its duty:
A.
To meet at stated intervals within the Town of Wheatfield
as well as upon written request to meet from the Town Board of the
Town of Wheatfield.
B.
To have jurisdiction over and to examine all persons
desiring or intending to engage in the trade, business or calling
of plumbing contractors or sewer contractors, as employing plumbers/sewer
contractors in the Town of Wheatfield, with the power of examining
persons applying for certificates of competency as such employing
of master plumbers/master sewer contractors or as inspectors of plumbing,
to determine their fitness and qualifications for conducting the business
of master plumbers and/or master sewer contractors and to include
inspections of plumbing and sewer work, 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 for conducting the business of plumbing and/or sewer construction
or competent to act as inspectors of plumbing and sewer construction.
C.
To formulate a code of rules regulating the work of
sewer and plumbing in the Town of Wheatfield, including the materials,
workmanship and manner executing such work, and from time to time
to add to, amend or alter the same, or in its discretion to adopt
a uniform code and guidelines as set forth by New York State Department
of Health and all applicable New York State building codes.
D.
To charge and collect from each person applying for
an examination such fees as are established by the Wheatfield Town
Board, and all money so collected by the Plumbing Board Clerk and
remitted to the Town Clerk.
E.
To charge and collect on an annual basis a license
fee for all plumbers and/or master sewer contractors licensed to conduct
a sewer and/or plumbing business in the Town of Wheatfield, as such
annual license fee is determines by the Wheatfield Town Board.
F.
To organize on an annual basis.
G.
To cancel the registration of any master plumber and/or
master sewer contractor for a violation of the rules and regulations
for sewer and plumbing for the Town of Wheatfield, as duly adopted
and enforced herein, after a hearing before the said Plumbing Review
Board and upon a prior notice of not less that 10 days stating the
grounds of the complaint and served upon the person charged with the
violation, but such revocation shall not be operative unless concurred
in by a majority of the Plumbing Board.
H.
The Secretary of the Plumbing Review Board shall be
responsible for the collection of any and all fees. He or she shall
further be responsible for issuing all permits and/or licenses.
All certificates of registration issued hereunder
and all licenses authorizing connections with street sewers and water
mains shall expire on the 31st day of December in the year in which
they shall be issued and may be renewed within 30 days preceding such
expiration. Such renewals are to be for one year from the first day
of January in each year.
A.
Whenever any inspector or other person reports a violation
of any such rules or regulations for plumbing or sewer, or a deviation
from any officially approved plan or specification for plumbing or
sewer filed with any board or department, the Plumbing Inspector shall
first serve a notice of the violation thereof upon the master plumber
and/or master sewer contractor doing the work if a registered plumber
or sewer contractor.
B.
The Plumbing Review Board shall also receive notice
of said violation.
Such notice may be served personally or by mail,
and if by mail, it may be addressed to such master plumber and/or
master sewer contractor at the address registered by him, but the
failure of a master plumber and/or master sewer contractor to register
will relieve the Plumbing Review Board from the requirement of giving
notice of violation. Unless the violation is removed within three
days after the day of serving or mailing such notice, exclusive of
the day of serving or mailing, the Plumbing Board may proceed according
to law.
The Town Board of the Town of Wheatfield shall
appoint one Inspector of Plumbing, subject, however, to the provisions
and limitations of law. Such Inspector shall be a licensed plumber
in the Town of Wheatfield or have extensive practical experience in
plumbing. He shall be a citizen and actual resident of the Town of
Wheatfield. He shall be entitled to receive compensation to be fixed
by the Town Board of the Town of Wheatfield on an annual basis. He
shall serve for a term of one year. The Plumbing Inspector shall inspect
and approve all plumbing work within the Town of Wheatfield; provided,
however, that any plumbing work done by the Plumbing Inspector shall
be inspected by the Building Inspector and the Building Inspector
may inspect plumbing work completed by other licensed plumbers in
the absence or unavailability of the Plumbing Inspector.
The duties of the Inspector of Plumbing appointed
hereunder, in addition to the duties prescribed by law or ordinances
and those which may be required by the Plumbing Review Board of the
Town of Wheatfield, shall be to inspect the construction and alteration
of all plumbing work performed within the Town of Wheatfield to ensure
that the work meets or exceeds standards set forth in the New York
State Building Code or such more stringent standards as may be adopted
by the Town of Wheatfield, and to report in writing the results of
such inspection to the Plumbing Review Board and the Town Board of
the Town of Wheatfield. He shall also report in like manner any person
engaged in or carrying on the business of employing plumbers or sewer
contractors without having the certificate as hereinabove provided.
A.
No person, firm, or corporation shall do any plumbing/sewer
work on any premises except as provided in this article in the Town
of Wheatfield unless such persons, firm or corporation shall be duly
licensed in a manner provided by this chapter.
B.
No person, firm, or corporation shall do any plumbing/sewer
work within the Town of Wheatfield unless he be a master plumber and/or
master sewer contractor, except that owners of one- or two-family
homes may do work on the residence which they occupy or will occupy,
with all work to be inspected in accordance with this chapter, and
provided that the homeowner obtains all necessary permits and complies
with all other applicable laws.
C.
Except as set forth in this section, no person, firm
or corporation shall do any plumbing/sewer work within the Town of
Wheatfield unless he is a master plumber and/or master sewer contractor
duly licensed by the Town of Wheatfield or employed by a master plumber
and/or master sewer contractor and qualified as a journeyman plumber
or journeyman sewer contractor as licensed by the Plumbing Board of
the Town of Wheatfield.
C.
A regular examination will be held annually by the
Plumbing Review Board of the Town of Wheatfield and anyone eligible
to take such exam may register with the Plumbing Clerk of the Town
of Wheatfield and pay the nonrefundable fee as set by the Wheatfield
Town Board for such examination. In the event of a petition being
filed by more than one person, the Plumbing Review Board may hold
a special examination which may be taken by anyone eligible and paying
a nonrefundable fee as set by the Wheatfield Town Board. The Plumbing
Review Board may contract for outside testing firms to prepare and/or
conduct these examinations.
D.
An applicant for a license must appear for a personal
interview before the Plumbing Board before he will be allowed to take
an examination.
E.
All license, examination and inspection fees received
by the Plumbing Clerk shall be paid to the Town Clerk within 30 days
of the receipt thereof and deposited into the general fund.
F.
Before an applicant shall be admitted to an examination,
he shall file his application therefor, in writing, with the Plumbing
Department Clerk of the Town of Wheatfield at least 15 days before
the examination day and shall pay to the Plumbing Clerk the required
examination fee. The Plumbing Clerk shall forward names and addresses
of applicants to the Plumbing Review Board.
G.
The Board shall publish in the general newspaper within
the Town for two consecutive weeks notice of the date and place of
the regular examination. The last notice is to be published at least
15 days before the examination day.
C.
A regular examination will be held annually by the
Plumbing Review Board of the Town of Wheatfield, and anyone eligible
to take such exam may register with the Plumbing Clerk and pay the
nonrefundable fee as set by the Wheatfield Town Board for such examination.
In the event of a petition being filed by more than one person, the
Plumbing Review Board may hold a special examination which may be
taken by anyone eligible and paying to the Plumbing Clerk a nonrefundable
fee as set by the Wheatfield Town Board. The Plumbing Review Board
may contract for outside testing firms to prepare and/or conduct these
examinations.
A.
A license to do plumbing or sewer contracting work
in the Town of Wheatfield shall be issued by the Building Inspector
of the Town of Wheatfield to any person, firm or corporation upon
receipt of a certificate from the Town of Wheatfield Plumbing Board
showing that such person, a member of such firm or the superintendent
of construction of such corporation has satisfactorily passed an examination
held by said Board and upon receipt of the license fee and upon filing
the insurance as set forth herein.
B.
Each licensee shall file with the Building Department
proof of worker's compensation (Form C-105.2) and New York State disability
(Form DB 120.1) coverage and general liability insurance naming the
Town of Wheatfield, its employees and agents as additional insureds
in the minimum amount of not less than $1,000,000 per occurrence and
$2,000,000 aggregate.
C.
The fee for the license required by this chapter shall
be as set by the Wheatfield Town Board, each license expiring on the
31st day of December next after issuance.
D.
A renewal license shall be issued by the Plumbing
Clerk each year to any person, firm or corporation holding a license
at the expiration of the preceding year, upon payment of the license
fee and upon filing a renewal of the required insurance, without examination.
All licensees must renew their license by December 31 or no permits
or inspections will be issued. Any licensee who fails to the pay renewal
fee by January 31 shall forfeit his license. Application, reexamination,
and reexamination fee will be required: no exceptions.
A.
No licensed plumber or master sewer contractor shall
allow the use of his or its name or license by any unlicensed person,
firm or corporation for the purpose of defrauding the Town or otherwise.
B.
Any person, firm or corporation doing plumbing/sewer
work in the Town of Wheatfield shall exhibit his or its license upon
request to any police officer, Town Board member, member of the Plumbing
Board or the Plumbing Inspector, or Water/Sewer Department employee.
[Amended 5-1-2023 by L.L. No. 2-2023]
C.
Licenses issued by the Plumbing Board shall not be
transferable.
D.
A license may be suspended or revoked at any time
by the Board if in its judgment the best interests of the inhabitants
of the Town shall be served thereby. In all cases, prior to revocation,
the Plumbing Board must conduct a hearing at which the accused shall
have the right to appear personally and offer evidence in his defense.
Such revocation shall require a vote by a majority of the entire Board.
A.
The plumbing and drainage of all buildings, public
and private, shall be executed in accordance with plans and specifications
previously approved in writing by the Plumbing Inspector and/or Sewer
Department, as deemed appropriate, and suitable drawings shall in
each case be submitted by the owner or the plumber performing the
work and placed on file with the Plumbing Board. No part of such plumbing
and draining shall be covered or concealed in any way until it has
been examined and approved by the Plumbing Inspector, Building Inspector
or Sewer Department, as deemed appropriate.
B.
All plans and specifications for plumbing and drainage
of buildings occupied by more than two families shall be signed by
the owner.
C.
Blank applications of the specifications of plumbing
and drainage will be furnished to plumbers, on application, by the
Plumbing Board.
D.
Inspection by the Plumbing Inspector shall be upon
application by the owner or master plumber/master sewer contractor
at the following intervals:
E.
In cases that are dangerous from liability of a cave-in
or where there is no room to leave the earth, the contractor or plumber
shall inform the Plumbing Inspector, and he shall inspect and remain
upon the job and watch the work until finished.
F.
Notice of each inspection shall be left by the Plumbing
Inspector in a conspicuous place on the job, and a final certificate
shall be given as soon as the work is completed and inspected.
G.
Once any plan has been approved, no alteration of
the same shall be allowed, except on the written application of the
owner and when approved by the Board.
A.
Fees for inspection shall be set by the Wheatfield
Town Board and filed with the Town Schedule of Fees and shall be paid
to the Plumbing Clerk at the time the plans are filed by the plumber/sewer
contractor or the owner of the premises where the work is to be done.
B.
Extra inspections by the Plumbing Inspector shall
be paid at the prevailing rate of wages per hour, based on the number
of hours.
A.
Application for inspection for plumbing/sewer shall
be made to the Plumbing Inspector/Sewer Department at least 24 hours
prior to the date requested for inspection.
B.
Notice of inspection shall be exhibited at any time
upon request to any police officer, Town Board member, Plumbing Board
member, or the Plumbing Inspector.
[Added 6-13-2005 by L.L. No. 7-2005]
A.
Any violation by a person, firm or corporation of
any provision of this chapter shall be deemed a violation punishable
by a fine not to exceed $250 or imprisonment for a period not to exceed
15 days, or both.
B.
Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
C.
Each day that a violation of this chapter is committed
or permitted to exist shall constitute a separate offense.
D.
In addition to the penalties set forth in this section,
the license shall be subject to the revocation provisions hereinbefore
provided.