This chapter shall be known and cited as the "Yonkers Plumbing and Drainage Code," hereinafter also referred to as this "chapter."
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
No plumbing, drainage, gas appliance or equipment or any other apparatus or device regulated by this chapter or the New York Uniform Code shall be constructed, repaired, reconstructed or altered except in conformity with the provisions of the New York Uniform Code, this chapter and the rules and regulations of the Bureau.
As used in this chapter, the following terms shall have the meanings indicated:
BOARD OF APPEALS
Consists of the Commissioner of the Department of Planning and Development, the Corporation Counsel and the Director.
BUREAU
The Bureau of Plumbing of the City of Yonkers.
CHIEF PLUMBING INSPECTOR
The Chief Plumbing Inspector of the Bureau of Plumbing or the Chief Plumbing Inspector's designee.
COMMISSIONER
The Commissioner of the Department of Planning and Development or the Commissioner's designee.
COMPTROLLER
The Comptroller of the City of Yonkers.
DEPARTMENT
The Department of Planning and Development of the City of Yonkers.
DIRECTOR
The Director of the Bureau of Plumbing of the City of Yonkers or the Director's designee.
MASTER PLUMBER
A person who has obtained a certificate of competency pursuant to Article V of this chapter and Article 4 of the General City Law, and who engages in the business of plumbing or is a bona fide member of a firm or corporation under the provisions of § 45-a of the General City Law.
A. 
Plans, specifications and such other data filed with the Bureau for the purpose of obtaining a permit shall not be removed from the office of the Director, except:
(1) 
By subpoena of a court or legal body having jurisdiction to issue a legal subpoena;
(2) 
By the Corporation Counsel to be used on behalf of the City of Yonkers in the prosecution or defense of an action; or
(3) 
By the Director, Chief Plumbing Inspector or any other inspector of the Bureau for the purpose of checking them against the work being performed.
B. 
Copies of plans which are on file in the Bureau may be obtained as authorized in Subsection A upon written, signed request to the Director and upon the advance payment of the prescribed fee.
C. 
The fee shall be the amount prescribed in § 56-6.
A. 
All applications, notices, permits, certificates of approval and copies of the approved plans shall be kept on file in the office of the Bureau. Applications shall be promptly docketed as received. For purposes of identification and reference, all such papers shall be marked with the name of the street and block and lot number of the property to which they apply and with the street and house number when possible.
B. 
The Bureau shall maintain such records, statistics, tabulations and other information necessary to comply with the New York Uniform Code and 19 NYCRR 444, as it now exists or may hereafter be amended.
A. 
The Director may serve as Chief Plumbing Inspector. The Director shall have all of the powers of the Chief Plumbing Inspector regardless of whether the position of Chief Plumbing Inspector is held by another person.
B. 
The office of the Chief Plumbing Inspector shall be open to the public daily, except Saturdays, Sundays and holidays.
C. 
The Chief Plumbing Inspector shall receive and carry at all times a suitable badge or other official means of identification.
D. 
In the discharge of his duties, the Chief Plumbing Inspector shall have the authority at any reasonable hour to enter any premises or building in which work is being performed that is regulated by the New York Uniform Code, this chapter or any rules or regulations adopted by the Bureau.
E. 
The Chief Plumbing Inspector shall, when appropriate, require the submission of and examine plans and applications for permits. If the same are found to comply with the provisions of the New York Uniform Code, this chapter and all other applicable laws, statutes, ordinances, rules and regulations, he shall issue permits for the work specified in such applications.
F. 
The Chief Plumbing Inspector shall make a monthly report to the Commissioner and the Director of permits issued, certificates of approval issued and all other business transactions of his office, including the number of inspections made.
Workmanship shall conform to accepted good practice so as to fully secure the results sought in all sections of this chapter and the New York Uniform Code.
A. 
Any decision or action by any employee of the Bureau may be appealed to the Director pursuant to the regulations of the Bureau.
B. 
Any decision or action of the Director governed by the New York Uniform Code may be appealed to the Board of Review pursuant to 19 NYCRR 440 and 450 et seq. and other applicable rules and regulations. Such an appeal shall be filed within the time period authorized for compliance with the decision or action of the Director or, if no time period for compliance is authorized, then within 10 days of the decision or action of the Director.
C. 
Any decision or action of the Director not governed by the New York Uniform Code may be appealed to the Board of Appeals by filing a written notice of appeal with the Bureau. Such a notice of appeal shall be filed within the time period authorized for compliance with the decision or action of the Director or, if no time period for compliance is authorized, then within 10 days of the decision or action of the Director. The Board of Appeals may affirm, reverse or modify the decision or action of the Director. The Board of Appeals may conduct a hearing and review additional evidence. The decision of the Board of Appeals shall be in writing and is final.
D. 
Where practical difficulties or unnecessary hardship may result from enforcement of the strict letter of any provision of the New York Uniform Code, applications for variances to the New York Uniform Code may be made to the regional Board of Review in accordance with all applicable rules, including 19 NYCRR 440 and 450, as promulgated and amended by the New York State Department of State. The Bureau shall maintain a copy of such rules and regulations for public inspection and shall obtain and retain a copy of all decisions rendered by the regional Board of Review pertaining to matters affecting the City of Yonkers.
E. 
Where practical difficulties or unnecessary hardship may result from enforcement of the strict letter of any provision of this chapter or any rule or regulation adopted by the Bureau and if such provision is not also a requirement of the New York Uniform Code, applications for variances consistent with the spirit of such provision may be made to the Board of Appeals.