City of Fulton, NY
Oswego County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Fulton 11-7-1996 by L.L. No. 16-1996 (Ch. 118 of the 1991 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Contractors — See Ch. 277.
Electrical, mechanical and HVAC licenses — See Ch. 300.
Plumbing Board rules and regulations — See Ch. A701.
General City Law Article 4, Plumbing and Drainage, and 19 NYCRR Part 444.[1]
[1]
Editor's Note: Former 19 NYCRR Part 444 was repealed.
9 NYCRR and Reference Standard; National Plumbing Code.
This chapter shall be known as the "Plumbing Board of the City of Fulton."
The purpose of this chapter is to provide for the protection of life and property by ensuring the proper installation of any and all plumbing equipment and systems in the City of Fulton. The provisions contained herein shall constitute the rules and regulations of any person or persons engaged in this type of plumbing work within the City of Fulton.
The requirements of this chapter shall be applicable to the installation, erection, alteration, maintenance or repair of plumbing equipment, materials and systems, as defined herein, installed in the City of Fulton. The installation of such equipment or systems shall supply adequate potable water, plumbing and drainage as required for the intended use of each space and shall comply with the requirements of 9 NYCRR and be maintained per the requirements of Chapter 475, Property Conservation, of the Code of the City of Fulton so as not to be a potential hazard to life and property.
As used in this chapter, the following terms shall have the meanings indicated:
APPRENTICE PLUMBER
Any person employed and under the supervision of a master plumber, for an accumulated period of no less than three years, working for eligibility to sit for a journeyman's examination.
BOARD
The Board of Plumbing Examiners appointed pursuant to §§ 468-7 and 468-8 contained herein.
BUREAU CHIEF
The Chief of the Bureau of Code Enforcement or his or her legally designated representative.
CERTIFICATE OF COMPETENCY
A certificate issued by the Board of Examiners to an applicant who has successfully passed a written examination to determine their fitness and qualifications for conducting a plumbing business requiring such a certificate.
COMMISSIONER
The Commissioner of Water and Sanitation or his or her legally designated representative.
EMERGENCY REPAIR
Any repair which is commenced and necessitated by an equipment failure which occurs at a time when the Bureau of Code Enforcement is not open for the issuance of permits.
JOURNEYMAN PLUMBER
Any person who has completed his or her apprenticeship and has successfully passed the journeyman's examination and is employed and under the supervision of a master plumber for an accumulative period of no less than two years, working for eligibility to sit for a master plumber's examination.
LICENSE
A written license duly issued by the City of Fulton authorizing the individual named therein to carry on the business of plumbing for which a certificate of competency has been issued by the Board of Examiners.
MASTER PLUMBER
Any person who has successfully passed the master plumber's examination and obtained a certificate of competency from the Board of Plumbing Examiners.
PERMIT
A written order issued by the Bureau of Code Enforcement to a person duly licensed hereunder, authorizing the erection, construction, installation or alteration of any plumbing equipment or system.
PLUMBING
The installation of any plumbing, including potable water, storm and sewage drainage equipment or system, including necessary appurtenances thereto, consisting of pipes, fittings, valves, pumps, storage and other necessary safety controls.
The Board of Plumbing Examiners of the City of Fulton shall consist of the following members:
A. 
Composition of voting members:
(1) 
Two master plumbers with not less than 10 years' experience in the plumbing business and who hold an active license with the City of Fulton.
(2) 
One journeyman plumber with not less than two years' experience in the plumbing business and who holds an active license with the City of Fulton.
(3) 
One Plumbing Inspector employed by the City of Fulton.
(4) 
The Commissioner of Public Works or his legally designated representative.
[Amended 12-16-2003 by L.L. No. 6-2003]
(5) 
One HVAC-only contractor who holds an active license with the City of Fulton.
[Added 2-15-2000 by L.L. No. 3-2000]
B. 
Composition of nonvoting ex officio members: one Bureau Chief of the Bureau of Code Enforcement or his legally designated representative who shall act as an advisor member to the Board regarding code rules and regulations.
A. 
Initially, the Mayor of the City of Fulton shall appoint all Board members as follows:
(1) 
One master plumber licensed by the City of Fulton shall be appointed for a three-year term.
(2) 
One master plumber licensed by the City of Fulton shall be appointed for a two-year term.
(3) 
One journeyman plumber licensed by the City of Fulton shall be appointed for a one-year term. A master plumber may be substituted for this position when no registered journeyman is available.
[Amended 2-4-1997 by L.L. No. 2-1997]
(4) 
One Plumbing Inspector, employed by the City of Fulton, shall be appointed for a three-year term.
(5) 
The Commissioner of Public Works shall be appointed for a three-year term.
[Amended 12-16-2003 by L.L. No. 6-2003]
(6) 
One Bureau Chief of the Bureau of Code Enforcement shall be appointed for a three-year term.
(7) 
One HVAC-only contractor who holds an active license with the City of Fulton shall be appointed for a three-year term.
[Added 2-15-2000 by L.L. No. 3-2000]
B. 
Thereafter, all vacancies occurring by expiration of term shall be filled by the Mayor for a term of three years. Vacancies by death, removal by City, inability to act or resignation of any member shall be filled by the Mayor for the unexpired term.
C. 
Compensation of Board members. The Board members shall receive such compensation for their service as shall be determined by resolution of the Common Council.
D. 
Qualifications. All voting Board members shall be residents of the County of Oswego.
E. 
Quorum of Board. Three voting members of the Board shall constitute a quorum, and the votes of a majority of all voting members present shall be necessary for any official action. In the event that the Chairperson is not present at the meeting, an acting Chairperson will be selected from among the members of the Board present at such meeting.
A. 
Board members shall meet monthly to conduct regular business and at special meetings called at the discretion of the Mayor. It shall be the responsibility of Board members to elect a Chairperson to conduct Board meetings. The Chairperson shall only vote at meetings to break a tie vote of the membership.
B. 
Board members shall be responsible for the preparation of all examinations given by the Board. Examinations shall be designed to test the skills, technical knowledge and knowledge of pertinent laws and regulations, including this chapter. The exam shall be a written exam. The Board shall review the standards and examinations annually to keep them current with changes in applicable codes and technical standards.
C. 
Board members shall conduct all examinations to determine the applicant's fitness to conduct business in the desired trade(s). The Board shall administer examinations semiannually. Additional special examinations may be given at the discretion of the Board.
D. 
Upon the applicant obtaining a passing grade by written examination, the Board shall issue a certificate of competency to such applicant which entitles the holder to a license issued by the City.
E. 
The Board shall have the responsibility of collecting all application fees for examinations given. All collected monies shall be paid over by the Board biweekly to the Clerk/Chamberlain.
[Amended 12-1-2009 by L.L. No. 6-2009]
F. 
The Board shall from time to time review the local rules and regulations governing materials, workmanship and conduct relevant to the licenses and to make recommendations in the form of a resolution to the Bureau Chief of the Bureau of Code Enforcement to add, amend, alter or adopt such local laws and regulations as deemed necessary. The Bureau Chief shall review such recommendations and then forward to Corporation Counsel for review and comments. Once legal has approved such recommended resolutions, such resolutions shall be submitted to the Common Council for its consideration and approval or disapproval.
A. 
Applications for all plumbing licenses shall be made on forms provided by the Board and shall contain the following information:
(1) 
Category of license being applied for.
(2) 
The name, residence address and telephone number of the applicant.
(3) 
Business address and telephone number.
(4) 
A summary of the applicant's experience and training indicating the beginning and ending dates of employment and education which qualifies the applicant to take the examination and the names and address of such employers or schools.
(5) 
A statement as to whether the applicant has previously held a plumbing license in the City of Fulton, and whether such license has ever been revoked or suspended.
(6) 
A statement as to whether the applicant has ever been convicted of a felony or misdemeanor and, if so, the precise nature of such conviction.
(7) 
A statement as to whether the applicant has any criminal charges pending against him or her and, if so, the precise nature of such charge.
B. 
Each application for a license shall be signed by the applicant under penalty of perjury.
C. 
Each application shall be accompanied by a check or money order made out to the City of Fulton for the amount of fee required by Chapter A700.
A. 
The Board shall determine whether the respective applicant meets the qualifications as prescribed herein. If the applicant qualifies, the Board shall notify the applicant of the time and place of the next examination.
B. 
In the event that the Board finds the applicant not qualified to take the desired examination, it shall so notify the applicant in writing and state the reasons for its findings, and the application fee shall be returned to the applicant.
Once the applicant has taken the examination and attained a passing grade, it shall be the responsibility of the Board to issue a certificate of competency to such applicant, thus allowing the applicant to apply for a license from the City of Fulton.
[Amended 2-4-1997 by L.L. No. 2-1997]
Upon recommendation of the Plumbing Board, the City shall have the authority to issue a special limited license to a person who is a licensed plumber in another municipality in New York State for the sole and exclusive purpose of doing plumbing work on a construction project where the monetary consideration for such contracted work is at least $100,000, and provided that said licensee pays a fee of $1,000 for the special limited license, plus standard road openings fee and plumbing permit fee.
Upon submission of proof of attaining a certificate of competency, the successful candidate shall make application to the City for a license. After completing the application, submitting proof of insurance and paying the appropriate fee, the City shall issue a license to the successful candidate. The license shall be dated and numbered and shall remain in effect for the duration of the calendar year in which it is issued unless suspended or revoked as provided herein.
A. 
Each license shall expire on December 31 following the date of its issue or renewal and shall be renewed upon application of the holder of the license, the payment of the required fee and submission of proof of the necessary insurance. Failure to renew a license within 30 days of the expiration date shall be considered abandonment of said license. All licenses are renewable for a twelve-month period. Any person holding a valid license will not be subject to a formal examination to obtain a renewal of the license.
B. 
Persons whose licenses have been abandoned may obtain a new license via examination in accordance with the procedures established herein.
C. 
Any City of Fulton employee who holds any license issued pursuant to this chapter and who is prohibited from utilizing said license while so employed shall, within 30 days of separation from City employment, be permitted to renew his license, upon payment of required fee and submission of proof of insurance, without regard to the amount of elapsed time from the last previously scheduled date for renewal.
D. 
Upon the expiration of a license, the licensee who no longer desires an active license may apply for an inactive license. The fee for such a license shall be 1/2 that of an active license fee. During the period the license is in an inactive status, the licensee shall not be allowed to do any plumbing work in the City of Fulton which would require a permit. An inactive license can only be renewed for five consecutive years, and at the end of the five-year period, the inactive license must be activated or abandoned.
[Amended 2-4-1997 by L.L. No. 2-1997]
E. 
Master plumbers over the age of 65 shall be exempt from the annual license renewal fee. All other provisions of this chapter shall remain in force.
[Added 2-4-1997 by L.L. No. 2-1997]
The owner of a single-family, two-family or multiple-family dwelling who actually resides within the dwelling unit may make necessary plumbing repairs or replace fixtures within that unit without a plumbing license.
[Amended 2-4-1997 by L.L. No. 2-1997]
A. 
All certificates of insurance shall demonstrate that the license holder or his employer, if the license holder is an employee, has the statutory worker's compensation and employer's liability insurance in addition to bodily injury and property damage liability coverage. The certificate of insurance shall show the City of Fulton is additional insured for any event or occurrence relating to the license and/or any permit issued by the City. The City shall establish minimum limits for insurance coverage.
B. 
A performance bond in the amount of $2,000 shall be required for any road cuts/excavations conducted in conjunction with any plumbing work in any City street. All such work shall comply with the provisions of Chapter 318 of the City of Fulton Code.
It shall be the responsibility of each holder of a plumbing license issued hereunder to:
A. 
Procure all necessary permits prior to the commencement of any work and inspections required by said permit.
B. 
Perform or cause to be performed all plumbing work done by him or her or under his or her supervision in accordance with this chapter and other applicable laws, rules or regulations in accordance with the terms, plans and specifications of any permit issued.
C. 
Maintain an active role in the day-to-day direct supervision of any journeymen, apprentices or workmen under his or her supervision.
D. 
Obey any order duly issued under the authority of this chapter.
E. 
Not sell, lend, rent or in any manner transfer or assign his or her license to any individual. NOTE: Although a licensee may purchase materials or subcontract the fabrication of equipment or systems from a nonlicensed person, the actual installation of such equipment or system shall be the sole responsibility of the licensee. Subcontracting the installation of any permit-related work is strictly prohibited. Nothing herein shall prevent the licensee from employing nonlicensed individuals on his payroll, provided that such individuals are under the direct supervision of the licensee. However, the City, at its discretion, may request payroll records to substantiate such employment, and the licensee shall be required to comply with such requests. The licensee may form a legal joint venture with nonlicensed individuals for the installation of permit-related work, provided that such a joint venture is approved by the City's Corporation Counsel's office.
F. 
Maintain with the Bureau, at all times, an accurate registration of his or her home address, business address and telephone number. (A P.O. box is not an acceptable home address.)
G. 
Notify the Bureau immediately in the event that he or she, the active license holder, leaves the employ of a firm or corporation or is incapacitated for a period of 30 days so that he or she is unable to fulfill his or her supervisory responsibilities, as specified in Subsections B and C of this section.
H. 
Pay any fee or penalty assessed pursuant to this chapter.
A. 
It shall be unlawful for any person, firm, corporation or partnership to engage in or perform plumbing work within the City of Fulton, other than such work specifically excluded pursuant to this chapter, unless such person, firm, corporation or copartnership has an active license issued by the City of Fulton.
B. 
It shall be unlawful to do or cause to be done the installation, construction, alteration or repair of any plumbing work unless a permit has been issued by the Bureau of Code Enforcement for such work.
C. 
All plumbing work shall be done in compliance with all applicable state and local laws, rules and regulations.
This chapter shall not be construed to relieve or lessen the responsibility of any licensee installing, altering or repairing any plumbing appliance or device for damages to person or property caused by improper installation or by defects therein, nor does the City of Fulton hereby assume any liability or responsibility therefor by reason of inspections authorized herein or permits or licenses issued as herein provided.
[Amended 11-21-2000 by L.L. No. 14-2000]
A. 
No person shall work as an apprentice or journeyman plumber without first registering with the Plumbing Board on a registration form provided and approved by the Board.
B. 
No person shall be eligible to sit for the journeyman's license examination unless said person has been a documented apprentice for at least three full years.
C. 
No person shall be eligible to take the master plumbing license examination unless said person has been an apprentice for three full years and has had a journeyman's card for two additional years and/or has had a documented proof of practical field experience under a master plumber licensee consisting of residential/commercial plumbing, subject to the approval by the Plumbing Board.
D. 
Examinations for journeyman's licenses shall be given semiannually and at such other times as ordered by the Plumbing Board.
E. 
Examinations for master plumber's licenses shall be given semiannually and at such other times as ordered by the Plumbing Board.
A. 
Exterior sewer laterals on buildings are not allowed to be joined into a common sewer lateral but must be directly connected from the building to a sewer main.
B. 
Perimeter and storm drains shall not be connected into sanitary lines.
C. 
An approved air gap, reduced-pressure-zone device or backflow perimeter device shall be installed immediately downstream of the water meter on all new installed water service, consistent with the degree of hazard posed by the service connection.
D. 
An approved thermal expansion shall be installed in accordance with the manufacturer's specifications on all new installed water service.
The Board shall have enforcement powers relevant to the rules and regulations of this chapter.
Any person who is found guilty of violating any provision of this chapter shall be subject to the penalties described herein.
A. 
License holder(s) against whom penalties are proposed shall have written notice thereof and the reasons therefor, shall be furnished a copy of the charges preferred against him or her and shall be allowed at least 10 days for answering the same in writing. Such written notice shall be mailed by certified mail to the last address of the license holder filed with the Board.
B. 
The person against who charges are preferred shall be entitled to be represented by counsel, to summon witnesses on his or her behalf and to cross-examine those witnesses who testify against him or her.
C. 
The burden of proving misconduct shall be upon the person alleging the same. However, compliance with technical rules of evidence shall not be required.
A. 
If the license holder is found guilty of charges pursuant to this section, a penalty may be imposed by the Board. Such a penalty may consist of the following:
(1) 
For a first offense: placing of a license on probationary status for 30 days and/or a civil penalty not to exceed $125, or both.
(2) 
For a second offense: a civil penalty not to exceed $250 and/or suspension of his or her license not to exceed a period of 60 days, or both.
(3) 
For a third offense: a civil penalty not to exceed $500 or a suspension of his or her license not to exceed a period of 90 days, or both.
B. 
A nonlicense holder or license holder who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof by a court of competent jurisdiction, shall be punished by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both, for each individual violation. In addition, said violator may be responsible for restitution if it is proved to the satisfaction of the court that, in the course of committing the violation, the violator performed substandard work.
[Amended 2-15-2000 by L.L. No. 3-2000]
C. 
The penalties provided herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. Any and all penalties may be pursued concurrently or consecutively, and the pursuit of any penalty shall not be construed as an election or the waiver of the right to pursue any and all of the others.
D. 
Any license holder aggrieved by a decision of the Board pursuant to this section may apply to the Supreme Court for relief by proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be governed by the provisions of Article 78 of the Civil Law and Rules, except that it must be instituted as therein provided within 30 days after service of the Board's decision on the person alleged to be aggrieved.