General City Law Article 4, Plumbing and Drainage, and 19 NYCRR
Part 444.
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.
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.
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.
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.
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.