[Amended 4-25-2017 by L.L. No. 12-2017]
It shall be unlawful on and after the effective date of this
article for any person to engage in and carry on in the County any
business, trade or calling for hire regulated by this article without
having first obtained a license, inclusive of, where applicable, having
completed continuing education requirements, therefor from the Office
in accordance with and subject to the provisions of this article,
except that any certificates of qualification or licenses issued for
any such business, trade or calling for hire, issued by any governmental
agency prior to the effective date of this article, shall continue
to remain in full force and effect until the expiration or termination
thereof in accordance with the terms thereof, unless sooner revoked
or suspended for cause. This article shall not be applicable within
any town or village which has hereinbefore enacted legislation regulating
the licensing of business, trade or enterprise nor in any town or
village subsequent to its enactment of any like legislation hereinafter
nor in any town of the second class which elects by local law not
to have this article apply to such town.
As used in this article, the following terms shall have the
meanings indicated:
ELECTRICAL FIELD
Businesses engaged in the installation, inspection, erection,
maintenance, alteration or repair of any wire, cable, conduit, busway,
raceway, support, insulator, conductor, appliance, apparatus, fixture
or equipment which generates, transforms, transmits or uses electrical
energy for light, heat, power or other purposes.
ELECTRICAL INSPECTION AGENCY
Any individual, firm, company, partnership, corporation,
association, or other organization that performs electrical inspections.
ELECTRICAL INSPECTOR
A person examining electrical installations, devices and
all relevant components, having a regular place of business in the
State of New York and who, by himself/herself or employees under his
or her supervision and in regular employ, performs electrical inspections
under the current code year and is recognized in the township or village
where he/she performs electrical inspections under the pertinent local
building ordinances.
GAS SERVICE
Gas system piping on premises up to the output connection
with a utility company's pressure regulator valve, but not including
meter equipment.
JOURNEYMAN
A person who performs work in the field to be licensed in
the employ of a master.
MASTER
A person having a regular place of business and who, by himself
or by journeymen under his supervision and in his regular employ,
performs work in the field to be licensed as his principal business
or occupation.
PLUMBING FIELD
A business engaged in the installation, erection, maintenance,
alteration or repair of piping, fixtures, appliances and appurtenances
in connection with the following: sanitary systems; the attendant
vent systems; gas service systems, including natural, liquefied petroleum
(LP) and medical gas within or adjacent to any building or structure
to their connections with public systems or approved private systems;
and water supply systems within or adjacent to any building or structure
to their connections with public systems or approved private systems.
"Plumbing field" shall not include:
A.
A person performing plumbing and piping maintenance, herein
defined, not for hire;
B.
Employees of a public utility, when engaged in the provision
and maintenance of gas service lines up to the output connection of
a pressure regulator valve or when engaged in the installation of
utility metering equipment; or
C.
Employees of the Suffolk County Water Authority, or successor
agency thereto, when engaged in the provision or maintenance of water
services up to the point of a private property line connection or
when engaged in the installation of Water Authority metering equipment.
RESTRICTED LICENSE
A license to engage in a limited area or areas within a specific
business regulated by this article.
The licensing boards shall have the following powers and duties:
A. To hold meetings at regular times and places for the efficient discharge
of the responsibilities and duties of the licensing board.
B. To make rules for the conduct of their meetings and keep a minute
book of their proceedings, including a record of their examinations
and other official actions.
C. To examine into the qualifications and fitness of applicants applying for licenses under this article. The Electrical Licensing Board shall also have authority to examine into the qualifications and fitness of applicants applying for licenses under Article
III of this chapter.
[Amended 6-3-2014 by L.L. No. 19-2014]
D. To authorize the Director of Consumer Affairs to issue a certificate
of competency and license.
E. To conduct meetings and, after a hearing at which all interested
parties are afforded a sufficient opportunity to be heard, submit
recommendations to the Director of Consumer Affairs relating to the
suspension or revocation of occupational licenses for cause.
F. To keep records of licenses issued, suspended or revoked and to make
such records available for public inspection.
G. To prepare a manual of rules and regulations for the conduct of examinations
and to furnish copies thereof to persons desiring the same.
H. To formulate and recommend to the County Legislature for adoption
or amendment a code of rules governing the occupation to which the
business of the board is directed. Said code shall regulate the work
of the licensee to which it applies, including the materials, workmanship
and manner of executing such work. Before making such recommendations,
the licensing board shall confer and meet with representatives of
the designated occupation or business and hold a hearing on the proposed
rules. Reasonable prior notice of the time and place of such hearing
shall be given by publication in the official newspapers of the County.
I. To formulate and recommend to the County Legislature for adoption or amendment rules and standards for the issuance, suspension and revocation of certificates of competency and licenses, including the conditions for the issuance of same, the type of examination required, the terms and fees, the authority to accept a late license renewal for up to one year from the time the license expired without requiring another test under §
563-128 of this article and the conditions upon and the circumstances under which the same may be revoked or suspended.
J. To recommend to the Director conditions pursuant to which a restricted
license may be issued.
K. To promulgate and recommend to the Commissioner rules and regulations
establishing approved continuing education courses and programs, including
number of hours and/or credits required for the renewal of master
and restricted electrician's licenses, including electrical inspectors.
[Added 4-25-2017 by L.L.
No. 12-2017]
Upon proof of entitlement to the provisions of §
563-129A or
563-136 or upon the recommendation of the appropriate licensing board that the provisions of §
563-129B have been met or upon authorization of the appropriate licensing board, the Director of Consumer Affairs shall issue the certificates, licenses and restricted licenses as herein provided. Upon recommendation of the appropriate licensing board, the Director of Consumer Affairs may suspend or revoke any certificate or license issued hereunder.
No holder of a license issued under this article shall authorize, consent to or permit the use of his license by or on behalf of any other person; and subject to the provisions of §
563-126 of this article, no person who has not qualified and obtained a license under this article shall hold himself or herself out to the public as licensed or as the holder of a license issued hereunder, either directly or indirectly, by means of signs, sign cards, metal plates, stationery or in any other manner of advertising whatsoever. Nothing herein contained, however, shall be construed to prohibit the use of a license by the holder thereof for or on behalf of a partnership or corporation, provided that at least one member of the partnership or of the officers of the corporation is licensed for the same business or occupation and that all work performed by such corporation or partnership is performed by or under the direct and continuing supervision of such license holder or holders.
[Amended 6-3-2014 by L.L. No. 19-2014]
The Suffolk County Legislature does hereby create, in the Suffolk
County Department of Labor, Licensing and Consumer Affairs, the following
occupational licensing boards, whose members will be chosen and whose
duties will be as hereinbefore provided:
A. An Electrical Licensing Board for the issuance of master and journeyman certificates of competency and licenses in accordance with the provisions hereof to qualified persons engaged in the field of electrical work. The Electrical Licensing Board shall also have authority to issue certifications and licenses, in accordance with the provisions of Article
III of this chapter, for establishments engaged in home appliance repair businesses, as that term is defined by §
563-26.
B. A Plumbing Licensing Board for the issuance of master and journeyman
certificates of competency and licenses in accordance with the provisions
hereof to persons engaged in the field of plumbing work.
The Office of Consumer Affairs may issue licenses without examinations,
upon payment of the appropriate fee, to the holders of licenses from
other political subdivisions outside the County of Suffolk, provided
that the qualifications for the issuance of such license are substantially
similar to those required for issuance hereunder.
[Amended 6-17-2014 by L.L. No. 32-2014]
All fees received by the Office of Consumer Affairs pursuant
to the provisions of this article shall be remitted to the County
Comptroller by the Director of Consumer Affairs within 30 days after
they are received for deposit in the general fund of the County.
This article shall not be construed to relieve from or lessen
the responsibility of any person licensed under the provisions hereof
for any loss of life or damage to person or property, nor shall the
County of Suffolk be deemed to have assumed any such liability by
reason of the issuance of any certificate of competency or license.
The licensing board may recommend and the Director of Consumer
Affairs may, upon receipt of such recommendation, require all licensees
to post a surety bond and to furnish certificates of public liability
and property damage insurance, the minimum and maximum amounts of
which shall be established by the Director of Consumer Affairs.
The Director shall have the power to impose a fine not to exceed
$750 for a first violation and $1,500 for any subsequent violation
upon a licensee or to suspend or revoke a license or to deny an application
for the renewal of a license for any one or more of the following
causes:
A. Fraud, deceit, misrepresentation or bribery in securing a license.
B. The making of any false statement in an application for a license.
C. Violation of any provision of this chapter, Chapter
387, Consumer Protection, of this Code, or any rule or regulation promulgated thereunder.
D. Discrimination against any employee or applicant for employment with
respect to the recruiting, hiring or discharge of such employee or
applicant for employment, because of race, creed, color, national
origin, sex, age, gender, disability, sexual orientation, military
status, or marital status, or in the case of a citizen or national
of the United States or an alien who is lawfully admitted for permanent
or temporary residence, or a refugee or an individual who is granted
asylum, because of such individual's citizenship status.
In addition to the civil penalties applicable to all licenses pursuant to §
563-9 of this chapter, any person who shall violate any provision of this article shall be guilty of a misdemeanor and subject to a fine of not more than $5,000 or imprisonment for not more than one year, or both.