[Res. No. 40-95, 6-27-1995]
[Res. No. 40-95, 6-27-1995; Res. No. 45-96, 5-14-1996]
A domestic corporation desiring or intending to conduct the
trade, business, or calling of a plumber as an employing or master
plumber, may do so provided one or more officers of such corporation
separately or in the aggregate actually owns at least 50% of the issued
and outstanding capital stock of said corporation, and provided that
each of such officers holding such percentage of the stock is the
holder of a certificate of competency of the City of Olean. In case
one or more officers of a corporation engaged in such business shall
die, the corporation may continue the business during the time necessarily
required for the administration for the estate of such deceased officer,
not exceeding two years from the granting of letters, provided one
or more surviving officers of the corporation is the holder of a certificate
of competency. Each and every member of said corporation holding a
certificate of competency shall comply with all the rules and regulations
applicable to master or employing plumbers in the City.
Each such corporation engaged in the trade business or calling
of plumbing shall register with the clerk of the City annually as
a firm of employing or master plumbers and pay such fees as may from
time to time be established by the Common Council by resolution.
[Res. No. 40-95, 6-27-1995]
It shall be unlawful for any person to engage in the business
of plumbing or to install, alter or repair any plumbing system, (except
repair of system in the personal residence of person doing the work)
in the City, or to display a sign or give other notice setting forth
or intending to imply that he/she is engaged in the business of plumbing,
unless he/she has obtained a certificate of competency as a master
plumber after examination, and has duly registered said certificate
and received a certificate or registry and metal sign from the City.
[Res. No. 17-99, 2-23-1999; Res. No. 91-02, 9-10-1902; Res.
No. 44-08, 5-27-2008]
(a)
An applicant for a master plumber's license certificate shall
file written application to the office of the plumbing inspector,
on the form provided by the examining board of plumbers. The examining
board of plumber's shall approve the application if:
(1)
The applicant shall have had a minimum of eight years of practical
plumbing experience consisting of at least 1,500 hours per year and
is able to furnish satisfactory evidence of such facts. A two-year
degree in plumbing, sanitary engineering or plumbing engineering from
a recognized collage or university shall count as two years'
experience and a four-year degree as four years' experience.
(b)
If the application is approved, the board shall notify the applicant
in writing of such approval stating the place and time of the examination.
If the application is disapproved, the examining board of plumbers
shall notify the applicant in writing of such disapproval stating
the reasons for disapproval.
[Res. No. 40-95, 6-27-1995]
Before issuing a certificate to engage in the business of master
or employing plumber, the board shall inquire into the applicant's
fitness and qualifications for conducting such business and may require
the applicant to submit under oath such evidence. The examining board
of plumbers shall issue, upon payment of the required license certificate
fee, a master plumber's license certificate to those applicants
who meet the qualifications and pass the examination. Such license
certificates shall be issued in the name of the examining board of
plumbers.
[Res. No. 40-95, 6-27-1995]
The annual fee for a master plumber license in the City shall
be as provided by the Common Council from time to time. The fees will
be received by the City clerk's office processed through the
code enforcement division. A new identification photograph must be
furnished by applicant every year at the time or renewal for the license.
Editor's note: Res. No. 17-99, adopted Feb. 23, 1999, repealed in their entirety §§ 27-228 and 27-229. Formerly, § 27-228 pertained to journeyman plumber—certificate of competency examination requirements. Further, § 27-229 pertained to material similar to aforementioned section as it relates to examination. See the Code Comparative Table.
[Res. No. 40-95, 6-27-1995]
The examining board of plumbers shall issue journeyman plumber's
license certificates to those applicants who pass the examination
upon payment of the required license fee. Such license certificates
shall be issued in the name of the examining board of plumbers.
[Res. No. 40-95, 6-27-1995]
The annual fee for a journeyman plumber license in the City
shall be as provided by the Common Council from time to time. The
fees will be received by the City clerk's office, processed through
the code enforcement division. A new identification photograph must
be furnished by applicant every year at the time of renewal of the
license.
[Res. No. 40-95, 6-27-1995]
No person shall engage as a plumbing apprentice in the City
unless so registered in the code enforcement division. The annual
registration fee shall be as provided by the common council from time
to time. It shall be the duty of the apprentice to certify annually
as to the place(s) and time(s) of employment by each firm employing
the apprentice during the proceeding year.
[Res. No. 40-95, 6-27-1995]
Out-of-town plumbers wishing to engage in the work of an employing
or master plumber within the city must take the master plumber examination
unless:
(a)
There is reciprocity agreement for city plumbers from the community
of applicant and payment of the fee as may be established by the common
council from time to time.
(b)
Applicant shall meet the requirements for a temporary permit for
a single site as may be established by the examination board of plumbers
and the payment of a fee as may be established from time to time by
the common council.
[Res. No. 40-95, 6-27-1995]
An applicant who fails to pass the examination for a plumber's
license shall not be permitted to apply for another examination until
after the expiration of six months following the date of such examination.
[Res. No. 40-95, 6-27-1995]
All plumber's license certificates shall expire in January
following the date of issuance. License certificates may be renewed
for a period of one year each succeeding January upon payment during
the month of January of the required license fee to the city clerk.
A license certificate which has expired due to failure to pay the
annual fee, will be deemed suspended without hearing and the licensee
shall not be permitted to perform plumbing work.
Reinstatement fees as provided at section 27-240 shall be collected prior to reinstatement. After April 30 an additional penalty of $100 shall be affixed to the fee to reinstate the license of a master plumber. After July 31 and a new test must be taken for reinstatement unless the plumber has requested and has been granted a waiver by the plumbing board of appeals. Waiver shall be granted only for good cause shown. Upon application for a waiver, an unconditional, non-refundable waiver fee of the amount of $50 paid. No waiver shall be granted after the passage of five years.
[Res. No. 40-95, 6-27-1995]
The examining board of plumbers shall reinstate a license certificate
which expires while a license is in the active military service upon
payment of the annual license certificate fee and submission and evidence
of such military service. Such license certificate shall be reinstated
without re-examination and without payment of lapsed renewal fee.
[Res. No. 40-95, 6-27-1995]
The examining board of plumbers shall revoke or suspend a license
certificate after a hearing before the examining board of plumbers
when the findings show one or more of the following:
(1)
That the licensee obtained or conspired with others to obtain a license
certificate by inducing the issuance thereof in consideration of the
payment of money or delivery of any other thing of value or by and
through a willful misrepresentation of facts to the examining board
of plumbers or the code enforcement division.
(2)
That the licensee willfully violated any plumbing ordinance or resolution
of the city, or any law of this state regulating plumbing or plumbers.
(3)
That the licensee has been guilty of negligence or incompetence in
the performance of plumbing or in supervision of plumbing performed
by apprentice or journeyman employed by a master plumber.
(4)
That the licensee has been convicted of a felony.
(5)
That the licensee has willfully loaned or in any manner transferred
his license certificate to another person, to permit such person to
engage illegally in plumbing contrary to this article.
(6)
That the licensee has willfully engaged in conduct not in accord
with generally accepted standards of professional conduct for the
trade, workmanship or business.
(7)
That licensee has worked as a plumber while his/her license is suspended.
(8)
That a master plumber has allowed a journeyman/apprentice to work
in violation of the registration provisions of this article.
[Res. No. 40-95, 6-27-1995]
No license certificate shall be subject to discipline (except
suspension for non-renewal) until a written complaint is filed with
the examining board of plumbers stating facts which, if proved, would
constitute grounds for suspension or revocation of a license certificate
as provided in this article and until an impartial hearing is held
before the board.
When a written complaint is filed, the examining board of plumbers
shall set a date for a hearing which shall be held in the Municipal
Building, Olean, New York. The board shall send to the licensee charged
in the complaint, by personal delivery or certified mail, a correct
copy of the complaint and a notice stating when and where a hearing
will be held. Such notice shall be served at least 20 days before
the date set for the hearing.
If a license certificate is suspended or revoked, the license
certificate shall be surrendered to the examining board of plumbers,
but it shall be returned to the license upon reinstatement.
[Res. No. 40-95, 6-27-1995]
The examining board of plumbers may, in its discretion, reinstate
a plumber's license certificate not less than three months, and
not more than three years, after such license certificate has been
revoked. Reinstatement by the examining board of plumbers may only
be ordered after a hearing before the examining board of plumbers
on the petition of the person whose license certificate has been revoked.
Whenever a petition for reinstatement is filed with the examining
board of plumbers together with such fee as may be established by
the common council from time to time, it shall serve a copy of the
petition and notice on all parties of record. The notice by the board
shall state when the license certificate in question was revoked,
and when and where the hearing will be held. Such notice shall be
served at least 20 days before the date set for the hearing. The examining
board of plumbers shall hear all material evidence in support of or
against the petition and shall allow or deny the petition for reinstatement
of the license certificate. The decision of the examining board of
plumbers shall be given to the petitioner and to all parties of record
either by personal delivery or certified mail.
If the petition for reinstatement is denied the petitioner may
file his petition for rehearing within 20 days after receipt of the
examining board of plumbers order, whereupon the examining board of
plumbers will then order either a denial or allowance of the petition
or rehearing. If such petition for rehearing is granted, the entire
record shall be referred to the board and a hearing held not less
than 20 days after notice of the time and place of the rehearing,
the examining board shall either grant or deny the petition for reinstatement.
No more than one rehearing on the same petition for reinstatement
shall be allowed; and not more than one petition for reinstatement
of the same license certificate shall be considered or heard within
one year. If the petition for reinstatement is granted by the examining
board of plumbers it shall issue a plumber's license certificate
to the petitioner upon payment of the required annual licenses certificate
fee.
[Res. No. 40-95, 6-27-1995; Res. No. 91-02, 9-10-2002]
(a)
The annual master plumber's license certificate fee shall be
$200.
(b)
The fee for reinstatement of master plumber's license certificates
shall be $100 plus the annual fee.
(c)
The annual journeyman plumber's license certificate fee shall
be $35 per year.
(d)
The fee for reinstatement of a journeyman plumber's license
certificate shall be $5 plus the annual fee.
(e)
The annual registration fee for an apprentionship shall be $5.
(f)
The fee for a temporary permit for out-of-town master plumbers shall
be $300 per job.
(g)
The examination fee for journeyman and/or master plumber's license
shall be $100.
[Res. No. 40-95, 6-27-1995]
It shall be the responsibility of an employing master plumber
to employ only those apprentices or journeymen licensed with the city
and to verify the employee's credentials.
An employing master plumber shall be responsible for all work
performed by apprentices or journeymen employed by them.
[Res. No. 40-95, 6-27-1995]
Liability insurance. All master plumbers shall procure and maintain
at their own expense and without expense to the city, insurance for
liability for damage imposed by law, of the kinds and in the amounts
hereinafter provided. Insurance shall be procured through insurance
companies authorized to do such business in the State of New York
covering all operations under their contracts whether performed by
them or employees before receiving a master plumber certificate of
competency and every year thereafter at the time of renewal of the
master plumber license, a certificate or certificates of insurance
in forms satisfactory to the city showing compliance with this paragraph,
shall be furnished to the city, to be kept on file in the department
of code enforcement division, which certificate or certificates shall
provide that the policy shall not be changed or canceled until 10
days written notice has been given to the city. This requirement shall
apply to active master plumber license holders; those with inactive
status are waived. The kinds and amounts of insurance are as follows:
Workman's compensation insurance. A policy covering the
obligations of the master plumber in accordance with workman's
compensation law covering all operations.
Public liability and property damage insurances. The master
plumber shall [have] public general liability and property damage
insurance as shall insure and protect him/her, any employees and any
subcontractor performing work for him/her, from claims for damages
for personal injury, including accidental death, as well as from claims
for property damages which may arise from his operations in an amount
of at least $500,000.
