[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 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Editor's Note: Former 19 NYCRR Part 444 was repealed.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:
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.
The Chief of the Bureau of Code Enforcement or his or her
legally designated representative.
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.
The Commissioner of Water and Sanitation or his or her legally
designated representative.
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.
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.
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.
Any person who has successfully passed the master plumber's
examination and obtained a certificate of competency from the Board
of Plumbing Examiners.
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.
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.
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.
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.
