[HISTORY: Adopted by the Suffolk County Legislature 4-25-1972 by Res. No. 362-1972 (Ch. 627 of the 1985 Code). Amendments noted where applicable.]
The Legislature, in implementation of L.L. No. 17-1971, providing for the licensing of certain occupations in the County of Suffolk, herein referred to as the "Occupational Licensing Law," in enacting these rules and regulations, hereby adopts and sets forth as a declaration of policy that all plumbing or electrical work performed in Suffolk County shall conform to and comply with the applicable standards as set forth in the local municipality in which the work is performed or, in the absence of any applicable local municipal code, the New York State Code, Plumbing Section, or the National Electrical Code shall apply.
Each holder of a license issued under the Occupational Licensing Law shall file his proper and current mailing address with the Suffolk County Department of Labor and shall notify the Suffolk County Department of Labor within 30 days of any change in his mailing address, giving both his old and new address. In addition, the licensee shall file with the Suffolk County Department of Labor, on forms provided by it, each name or trade style which is used to perform the licensed service.
No licensee under the Occupational Licensing Law or employee of said licensee shall, in filling out a work estimate or invoice, withhold therefrom or insert therein any statement or information where the tendency or effect thereof is to mislead or deceive customers or the consuming public.
A legible original or a legible copy of the work invoice shall be given to the customer.
A legible original or a legible copy of the invoice shall be retained by the person or business for a period of at least two years.
The invoice shall contain the following information:
Business or person engaged in business, name, address and telephone number.
State registration number and indicated as such.
Date of invoice.
Name and address of customer.
A statement of total charges.
Itemization and description of labor performed for which a charge was levied.
A description of all other charges.
Complete and legible signature of licensee or his designated representative filling out the invoice.
The use of words such as "guaranty," "guaranteed," "warranty," "warranteed" or words of like import are prohibited unless the terms or qualifications are clearly and completely stated, including the disclosure of:
The following shall be prohibitive acts and circumstances under which a certificate of competency or license may be revoked or suspended:
Failure to perform or abandonment without justification on any contract or project engaged in or undertaken.
Willful deviation from either customer's plans or specifications, in any material respect without consent.
Failure to comply with the applicable code which may apply in the area where the work is performed.
Any false or misleading advertising.
Willful failure to notify the Suffolk County Department of Labor of any change in ownership, business name or location.
Conducting business under any name other than the one in which the licensee is licensed.
Willful failure to comply with any lawful order, demand or requirement made by the Suffolk County Department of Labor or the local authorities having jurisdiction over the work being performed.
The Board shall meet regularly 12 times a year and on any other occasion on the call of the Chairman, the Secretary or upon written request of three of its members. The members shall be notified of a meeting at least four days in advance of such meeting.
The County Executive, with the approval of the County Legislature, shall appoint one of the members of the duly constituted Board as Chairman at the first meeting held in January of each year, and said Chairman shall serve until the next succeeding January. In the event of the Chairman's absence, a Chairman will be selected from and by the members present for that particular meeting.
A majority of the constituted Board shall be considered a quorum.
A majority of the constituted Board shall be necessary to institute Board action.
All complaints under the Occupational Licensing Law shall be filed with the Labor Department and shall then be expeditiously processed by said Department to the respective Occupational Licensing Board. In the event that an investigation is necessary, the Labor Department shall investigate and attach the results of said investigation to the complaint submitted to the Board.
The Board shall provide a reasonable opportunity for the licensee or applicant affected to be heard, prior to recommending to the Commissioner of Labor revocation or suspension of a license or refusal to grant an original license.
Contents of examination. The qualifying examination shall consist of two parts: a written test, which shall include 50 multiple-choice questions, and a practical test. The tests shall cover the following basics:
Grading of examinations. The final grade shall be determined by a weighted average technique applying a weight of 50% to the written part and 50% to the practical part. The minimum final passing grade shall be 70%. Failure to attain 70% on either part will necessitate a subsequent examination.
Upon reexamination, an applicant may apply a passing grade received on any part of a previous test and shall only be tested on the part previously failed.