[HISTORY: Adopted by the City Council of
the City of Glen Cove 8-25-1981 by L.L. No. 1-1981 as Ch. 26, Arts.
VI and X, of the 1981 Code. Amendments noted where applicable.]
A.
Generally. Unless specifically defined herein, all
words of a technical nature used in this chapter shall have the meanings
ascribed to them in the New York State Uniform Fire Prevention and
Building Code applicable to plumbing.
B.
INTERCONNECTION
MASTER OR EMPLOYING PLUMBER
PLUMBING FIXTURES
Specific terms. As used in this chapter, unless the
context or subject matter otherwise requires, the following words
shall have the following meanings:
A water supply connection to a fixture or a drainage, soil
or waste pipe so installed that the contents of the fixture or the
drain may enter the water supply line.
A person established in the plumbing business as an individual,
member of a partnership or officer of a corporation at a definite
address within the County of Nassau engaged by contract or otherwise
in the work of installing, setting up or putting together any plumbing
fixture, pipes or appurtenances of any kind, which are connected or
are to be connected with the sewerage system of a building, or in
the work of connecting such plumbing fixtures, pipes or appurtenances
with a sewage system.
Receptacles intended to receive and discharge water, liquid
or water-carried wastes into a drainage system with which they are
connected.
A.
The Examining Board of Plumbers established pursuant
to General City Law § 44, Subdivision 3, shall make rules
and regulations for the conduct of its business, and shall reserve
the right to waive the practical or wiping test to any applicant having
10 years' or more experience as a master or employing plumber, by
a majority vote of the Board.
B.
Rules and regulations. Pursuant to Article IV, Plumbing
and Drainage, § 44 of the General City Law, the Examining
Board of Plumbers of the City of Glen Cove hereby adopts the following
rules and regulations for the conduct of business within the City
of Glen Cove.
[Added 6-26-1990]
(1)
Regulations. The Board shall make rules and regulations
for the conduct of its business as an Examining Board.
(2)
Qualifications of plumbers. No person shall engage in the business of plumbing within the City of Glen Cove until he or she shall obtain a certificate of competency or license from the Examining Board of Plumbers mentioned in Subsection B(1) of this section.
(3)
Application for examination.
(a)
Persons applying for examination for certificate
to engage in the business of master or employing plumber shall before
being examined file with the Board an application on such forms as
may be prescribed by the Board, and shall furnish to the Board such
information as it may require concerning the applicant's fitness and
qualifications to receive a certificate as aforesaid. All applications
must be under oath. All applicants must appear before the Examining
Board of Plumbers in person before examination will be given.
(b)
Each applicant shall be required to furnish
two vouchers who shall sign under oath on forms prescribed by the
Board certifying to the time the applicant has been employed by them
as journeyman plumber, or the period of time they have known such
applicant as master or employing plumber. Such vouchers at the time
of signing application must be lawfully engaged in the plumbing business.
(c)
Any person desiring a master plumber's license
shall make application in writing to the Examining Board of Plumbers,
which Board shall arrange for an examination of such applicant.
(d)
The Board shall refuse to receive an application
from any person who at the time of making application may be unlawfully
engaged in business as master or employing plumber.
(e)
All applications shall expire and be canceled
after a period of one year if the applicant does not appear for examination
or reexamination within that period.
(f)
Examination will be required for each applicant,
with the exception of the following:
[1]
Where the applicant, at the time of making the
application, maintains a principal place of business within the County
of Nassau and has been duly licensed as a Master Plumber by a municipality
within the County of Nassau with whom the City of Glen Cove has entered
into a reciprocity agreement. Such applicant shall, however, file
the required application, together with a certificate of competency
and a certified copy of a currently valid master plumber's license,
with the Board. Upon approval of the application, such applicant shall
be considered a duly licensed master plumber within the City of Glen
Cove.
[2]
Where the applicant is at the time of making
the application a duly licensed master or employing plumber in any
other municipality in the State of New York, and shall submit a certified
copy of a certificate of competency issued by the Examining Board
of Plumbers in such municipality, and if he or she shall maintain
his or her principal place of business in such municipality, examination
will be waived, provided that such municipality has signified in writing
its willingness to reciprocate in like manner with the Examining Board
of Plumbers of the City of Glen Cove. The fee, however, in such cases
shall be the same as for those requiring examination by the Examining
Board of Plumbers. Such applicant shall receive a license only. No
certificate of competency shall be issued to any applicant unless
he or she has been examined by the Examining Board of Plumbers of
the City of Glen Cove.
(4)
Experience. No person shall be examined unless he
or she shall have had an experience of at least five years as a journeyman
plumber and is able to furnish satisfactory evidence of such fact.
No application will be received from any person who is not a citizen
of the United States.
(5)
Examinations.
(a)
The examination of the Board shall be in two
parts, namely a practical test to determine the applicant's skill
as a journeyman and a written examination. The written examination
shall consist of questions and plan to determine the applicant's fitness
and qualifications to engage in the business of master or employing
plumber with a minimum passing grade of 70%.
(b)
All examinations shall be written by the applicant
and must be in English.
(c)
Time or holding examination shall be left to
the discretion of the Board. Ample notice shall be given to applicants.
(d)
Persons who pass the tests as prescribed by
the Board shall be eligible to receive a certificate of competency
as master or employing plumber.
(e)
A person who fails in the practical test shall
not be eligible for another test until the expiration of three months;
should he or she fail in the second test he or she will not be eligible
for a third test until the expiration of six months, and failing in
the third test he or she will not be eligible for a fourth test until
the expiration of one year. An applicant who fails the examinations
shall not be eligible for reexamination until the expiration of one
month; should he or she fail in the second examination he or she will
not be eligible for another examination until the expiration of three
months; should he or she fail in the third examination he or she will
not be eligible for another examination until the expiration of six
months, and should he or she fail in the fourth examination he or
she will not be eligible for another examination until the expiration
of one year.
(6)
Fees. Each applicant for a master plumber's license,
except as may be otherwise provided by reciprocity agreement with
other municipalities within the County of Nassau, shall pay a fee
as set forth from time to time by the City Council.[1]
[Amended 5-27-1997 by L.L. No. 2-1997]
[1]
Editor's Note: The fee schedule is on file
in the City offices.
(7)
All licenses shall expire on December 31 in the year
they have been issued. Applications for renewal or licenses shall
be filed during the month of December of each year with the Examining
Board, together with such verification of the plumbing work performed
under the authority of the prior license as the Board may require
to determine the continuing competency of the licensee. Such renewals
shall not be for a period longer than one year from January 1 of each
year. The fee for license renewals shall be set forth from time to
time by the City Council.
[Amended 5-27-1997 by L.L. No. 2-1997]
(8)
Any licensed plumber not securing his or her renewal
by the first February of each year shall be required to make a new
application, be reexamined and pay the sum as set forth from time
to time by the City Council.
[Amended 5-27-1997 by L.L. No. 2-1997]
(10)
Filing of drawings. Duplicate applications on
forms furnished by the Building Department for all plumbing and draining
shall be properly filled in and filed in this Department by a master
or employing plumber holding a certificate of competency of license
in the City of Glen Cove.
(11)
It shall be unlawful for any such master or
employing plumber to commence or proceed with said plumbing and drainage
until application shall have been so filed and approved by the Chief
Building Inspector and written permit has been issued.
The Examining Board of Plumbers shall meet at
the call of the Chairperson; notice of meeting of the Board shall
be given by mailing notice of the time and place of meeting, addressed
to each member, at least five days before the time of meeting.
[Amended 5-27-1997 by L.L. No. 2-1997]
Fees for plumbers shall be set forth from time
to time by the City Council.[1]
[1]
Editor's Note: The fee schedule is on file
in the City offices.
There shall be appointed as provided by law
a Plumbing Inspector also designated as Deputy Building Inspector
whose duties in addition to those prescribed by law shall be to inspect
the construction and alteration of all plumbing work performed in
the city and to report in writing the results of such inspection to
the Building Department Administrator. He or she shall also report
in like manner any person engaged in or carrying on the business of
employing plumber, without having the certificate herein provided.
The office of the Plumbing Inspector shall be
open to the public from 9:00 a.m. to 5:00 p.m. daily, except on Saturdays,
Sundays and holidays.
[Added 3-26-2019 by L.L.
No. 2-2019; amended 4-23-2019 by L.L. No. 3-2019]
A.
No master
plumber shall, directly or indirectly, allow his/her license to be
used in connection with work not actually performed by him/her or
his/her employee(s) or company. Employees shall be considered people
who work for the master plumber for no fewer than 35 hours per week,
or for no fewer than the minimum number of hours required of employees
under applicable union rules, as determined by the Building Department
Administrator.
B.
Any master plumber person who willfully violates the provisions of this § 212-7 shall be guilty of a violation punishable as set in accordance with Chapter 1, General Provisions, Article II, General Penalty, and in addition thereto shall forfeit his or her license and certificate of qualification therein.
[1]
Editor’s Note: Former § 212-7, Violations and penalties,
was repealed 4-25-2000.
[1]
Editor's Note: Former § 212-8, Service
of notice, was repealed 4-25-2000.
A.
Examination, certificate of competency prerequisites
to engaging in business; examination fee. A person desiring or intending
to conduct the trade, business or calling of a plumber or plumbing
in the city as employing or master plumber shall be required to submit
to an examination before the Examining Board of Plumbers as to his
or her experience and qualifications for such trade, business or calling,
and it shall not be lawful in the city for a person to conduct such
trade, business or calling, unless he or she shall have first obtained
a certificate of competency from such Board. The examination fee shall
be set forth from time to time by the City Council.[1]
[Amended 5-27-1997 by L.L. No. 2-1997]
[1]
Editor's Note: The fee schedule is on file
in the City offices.
B.
Conduct of business by corporation. A domestic corporation desiring or intending to conduct the trade, business or calling of a plumber or of plumbing in the city as employing or master plumber 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 said corporation, and provided that each of such officers holding such percentage of the stock is the holder of a certificate of competency of such Board as provided in Subsection A. Each and every member of said corporation holding a certificate of competency shall comply with all the rules and regulations applicable to master or employing plumbers in the city. Such corporation shall register at the office of the Examining Board of Plumbers as provided in Subsection D of this section.
C.
Metal license plate to be issued to qualified plumber.
(1)
Plate required. No person otherwise qualified shall
engage in the trade, business or calling of a plumber or of plumbing
in the city as employing or master plumber until he or she has first
procured from the Examining Board of Plumbers a metal plate or sign
appropriately lettered or marked "licensed plumber;" such plate or
sign shall be conspicuously posted in the window of the place where
such business is conducted.
(2)
Surrender. Any person retiring, abandoning or not
actually engaged in such trade, business or calling hereinbefore mentioned
shall surrender to the Examining Board of Plumbers such metal plate
or sign and shall not again engage in such trade, business or calling
until he or she has again procured a metal sign as herein provided.
(3)
Cost. The cost of sign or plate shall be set forth
from time to time by the City Council[2] and there shall be no cost for a renewal plate which shall
bear the year in effect, and which shall be attached to the original
sign or plate issued.
[Amended 5-27-1997 by L.L. No. 2-1997]
[2]
Editor's Note: The fee schedule is on file
in the city offices.
(4)
Issue. Every person now actually engaged or about to engage in the trade, business or calling of a plumber or of plumbing as employing or master plumber, who has otherwise complied with the provisions of law relating to the conduct of such business upon the payment as set forth from time to time by the City Council to the Examining Board of Plumbers, shall have issued to him or her a sign or plate as described in Subsection C(1).
[Amended 5-27-1997 by L.L. No. 2-1997]
(5)
Violations. Any person to whom such plate or sign has been issued who shall loan, rent, sell or transfer the same to another person, whether such person be entitled to receive a similar plate or sign or not, or otherwise willfully violates the provisions of this section shall be guilty of a violation punishable as set in accordance with Chapter 1, General Provisions, Article II, General Penalty, and in addition thereto shall forfeit his or her license and certificate of qualification.
[Amended 5-27-1997 by L.L. No. 2-1997]
D.
Registration of plumbers; registration fee. Every
employing or master plumber carrying on his or her trade, business
or calling in the city shall register his or her name and address
at the office of the Examining Board of Plumbers and thereupon shall
be entitled to receive a certificate of such registration; provided,
however, that such employing or master plumber shall at the time of
applying for such registration hold a certificate of competency from
the Examining Board of Plumbers. The registration fee shall be set
forth from time to time by the City Council.[3]
[Amended 5-27-1997 by L.L. No. 2-1997]
[3]
Editor's Note: The fee schedule is on file
in the City offices.
E.
Cancellation of registration; notice, hearing required. The registration provided for in Subsection A may be canceled by the Examining Board of Plumbers for a violation of the rules and regulations for the plumbing and drainage of the city or the New York State Uniform Fire Prevention and Building Code, after a hearing had before the Examining Board of Plumbers and upon a prior notice of not less than 10 days stating the ground of complaint and served on the person charged with the violation. It shall not be lawful for any person to engage in or carry on the trade, business or calling of an employing or master plumber in the city unless his or her name and address shall have been registered in the city.
F.
Expiration, renewal of certificates, licenses.
(1)
Expiration. All certificates of registration issued
under the provisions of this section and all licenses authorizing
connections with street sewers or water mains shall expire on the
31st day of December of the year in which they shall be issued, and
may be renewed within 30 days preceding such expiration.
G.
Forfeiture of registration. Any person violating any
of the provisions of this section, the New York State Uniform Fire
Prevention and Building Code or any rules or regulations of the Examining
Board of Plumbers shall be guilty of a violation and on conviction,
if a master plumber, shall forfeit any certificate of competency or
registration which he or she may hold under the provisions thereof.
The officer having charge of sewer and water
mains of the city shall not issue a permit to anyone to connect with
the sewers or with the water mains of the city unless such person
is a registered plumber and has obtained and shall produce a certificate
of competency from the Examining Board of Plumbing.
All gas piping and setting of gas fixtures and
gas appliances within a building shall only be performed by a registered
plumber holding a certificate of competency.
A.
Scope, purpose of inspections; inspection fees. All
piping, traps and fixtures of a plumbing system shall be inspected
by the proper administrative authority to ensure compliance with all
the requirements of this Code and the installation and construction
of the system in accordance with the approved plans and the permits,
for which inspection a fee shall be set forth from time to time by
the City Council.[1]
[Amended 5-27-1997 by L.L. No. 2-1997]
[1]
Editor's Note: The fee schedule is on file
in the City offices.
B.
Notification to inspect or test.
(1)
Time for notice. It shall be the duty of the plumber
to notify the Plumbing Inspector and the owner or his or her authorized
agent orally, by telephone or in writing not less than eight working
hours between the hours of 9:00 a.m. and 5:00 p.m. before the work
is to be inspected or tested.
(2)
Prerequisite to notice. It shall be the duty of the
plumber to make sure that the work will stand the test prescribed
before giving the above notification.
(3)
Renotification; fee. If the Plumbing Inspector finds
that the work will not stand the test, the plumber shall be required
to renotify as above and to pay a fee as shall be set forth from time
to time by the City Council[2] for each renotification until the system is proven tight.
[Amended 5-27-1997 by L.L. No. 2-1997]
[2]
Editor's Note: The fee schedule is on file
in the City offices.
(4)
Failure to appear. If the Plumbing Inspector fails
to appear within 24 hours of the time set for each inspection or test,
the inspection or test shall be deemed to have been made, and the
plumber shall file an affidavit with the Building Department that
the work was installed in accordance with the New York State Uniform
Fire Prevention and Building Code, the approved plans and permit,
that it was free from defects, that the required tests had been made
and the system found free from leaks, and whether the owner or his
or her authorized agent was present when such inspection or test was
made or was duly notified.
(5)
Waiver of notification. At the time the permit is
taken out a written waiver of notification may be filed by the owner
with the Plumbing Inspector.
C.
Material and labor for tests. The equipment, material,
power and labor necessary for an inspection and test shall be furnished
by the plumber.
All applications, plans and specifications requiring
signature shall be signed under oath in the following manner:
|
STATE OF NEW YORK)
) ss:
COUNTY OF NASSAU)
| |
|
ation; that deponent has read the
foregoing application and knows the content thereof; that same is
true to deponent's own knowledge, except as to the matters therein
stated to be alleged on information and belief, and that to those
matters deponent believes it to be true.
| |
|
Sworn to me this day
of , 19
|
Signature of Applicant
|
A.
Required. Plans and specifications of the work together
with an application signed by the owner or his or her agent for a
permit must be submitted to the Building Department Administrator
for approval, and the permit must be obtained before any part of the
work is commenced.
B.
Contents. There shall be a separate plan for each
building, public or private, accompanied by specifications describing
the drainage of said building on blanks prescribed and furnished for
this purpose, showing the size and kind of pipe, traps, closets, fixtures,
etc., to be used, the same to be examined and placed on file in the
office of the Examining Board of Plumbers.
C.
Preparation. Plans must be made by an architect or
by an engineer where one is employed.
Application for a change in plans or work in
a building must be made in writing by the plumber, duly signed by
the owner or his or her agent, and a written permit obtained from
the Examining Board of Plumbers before any part of the change is commenced.
[Amended 4-22-1986]
A.
Plumbing shall be conducted in a good and workmanlike
manner to fully secure the results sought to be obtained in all of
the applicable sections of the New York State Uniform Fire Prevention
and Building Code.
B.
In no event, however, shall soldering, connecting
or joining substance or composition be used to solder, connect or
join any pipes or tubing in the water supply piping systems in the
City of Glen Cove which is composed of a lead content in excess of
0.2% thereof.
A.
Minimum standards. All plumbing installed by the owner
shall comply with the requirements of this chapter and in such event
the word "owner" shall be substituted for the word "plumber" throughout
this chapter.
B.
Applicability of provisions. All work of plumbing
or drainage in the city shall be performed by or under the supervision
of an employing or master plumber holding a certificate of competency
or license issued by the Examining Board of Plumbers. This shall not
prohibit the employees of any special water district of the city from
making water service line connections to property line or building.
C.
Effect of provisions. This shall not prohibit the
owner of a residence building occupied or to be occupied by himself
or herself and family from installing plumbing himself or herself
in such building, provided that application is made and a permit issued
for said installation, and work is done in accordance with the provisions
of this chapter.
All installed plumbing fixtures found defective
or in an unsanitary condition shall be repaired, renovated, replaced
or removed within 30 days upon written notice from the Building Department
Administrator or the Plumbing Inspector.
Suitable toilet facilities shall be provided
for the use of workmen during the construction of any building. These
toilet facilities shall be maintained in a sanitary condition.
The use of public and private wastewater disposal systems shall be governed by Chapter 225, Sewer, of this Code.
A.
Independent systems of drainage, plumbing.
(1)
Required. The drainage and plumbing system of each
new building, and of new work installed in an existing building, shall
be separate from and independent of that of any other building except
as provided below, and every building shall have an independent connection
with a public or private sewer when available.
(2)
Exception. Where one building stands in the rear of
another building on an interior lot and no private sewer is available
or can be constructed to the rear building through adjoining alley,
court, yard or driveway, the house drain from the front building may
be extended to the rear building and the whole will be considered
as one house drain.
B.
Old drains, use restricted. Old drains may be used
in connection with new buildings or new plumbing only when they are
found, on examination and test, to conform in all respects to the
requirements governing new drains as prescribed in this chapter. If
the old work is found defective, the Plumbing Inspector shall notify
the owner to make the necessary changes to conform with this chapter.
C.
Connections with private sewage disposal works. When
a public sewer is not available, drain pipes from buildings shall
be connected with approved private sewage disposal system.
D.
Excavations.
(1)
Generally. Each system of piping shall be laid in
a separate trench, provided that drainage trenches may be benched
not less than 18 inches for lighter piping, if not in violation of
any city regulation prescribed for their installation. Where a double
system of drainage is installed, the sanitary and surface house drains
may be laid side by side in one trench.
(2)
Tunneling. Tunneling for distances not greater than
six feet is permissible in yard, courts or driveways of any building
site. When pipes are driven, the drive pipes shall be at least one
size larger than pipe to be laid.
(3)
Work to be open, uncovered. All excavations required
to be made for the installation of a house drainage system or any
part thereof within the walls of a building shall be open trench work.
All such trenches and tunnels shall be kept open until the piping
has been inspected, tested and approved.
E.
Entry to be below basement or cellar floor. Whenever
possible all house drains shall be brought into the building below
the basement or cellar floor.
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, remove, demolish, equip, use, occupy
or maintain any building or structure or portion thereof in violation
of any provision of this chapter or to fail in any manner to comply
with a notice, directive or order of the Building Department Administrator
or other authority, or to construct, alter or use and occupy any building
or structure or part thereof in a manner not permitted by an approved
building permit or certificate of occupancy.
B.
Any person or corporation or officer thereof who shall
violate any of the provisions of this chapter, or who fails to comply
therewith or who shall fail to comply with any written notice of violation
or order issued by the Building Department Administrator, shall be
guilty of a violation within the meaning of the New York Penal Law
and, upon conviction, shall be liable to a fine of not less than $1,000
nor more than $2,000 or to imprisonment for a period not to exceed
15 days, or both; and, upon a second conviction for the same offense
committed within five years of the date of the first offense, shall
be liable to a fine of not less than $2,000 nor more than $3,500 or
to imprisonment for a period not to exceed 15 days, or both; and,
upon a third conviction for the same offense committed within five
years of the date of the second offense, shall be liable to a fine
of not less than $3,500 nor more than $5,000 or to imprisonment for
a period not to exceed 15 days, or both. Each week that any such violation
continues shall constitute a separate and distinct violation. The
owner or owners of any building or premises or part thereof where
a violation of any of the provisions of this chapter shall exist or
any lessee, tenant, builder, contractor, subcontractor, agent, person
or corporation employed in connection therewith and any person who
assisted in the commission of any such violation shall each be guilty
of a separate offense and, upon conviction thereof, shall be punishable
as herein provided.
[Amended 5-27-1997 by L.L. No. 2-1997; 6-27-2000]
C.
Except as provided otherwise by law, such a violation
shall not be a crime and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penal or criminal penalty or
punishment and shall not impose any disability upon or affect or impair
the credibility as a witness, or otherwise, of any person convicted
thereof.
D.
This section shall not apply to violations of the
provisions of the New York State Uniform Fire Prevention and Building
Code punishable under § 382, Subdivision 2, of the Executive
Law of the State of New York; nor to violations of the provisions
of the Multiple Residence Law punishable under § 304 of
the Multiple Residence Law of the State of New York.
[Amended 5-27-1997 by L.L. No. 2-1997]
Appropriate actions and proceedings may be taken
at law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent illegal acts, conduct
of business in or about any premises; and these remedies shall be
in addition to the penalties prescribed in the preceding section.
