[Amended 2-25-1975; 12-29-1975; 5-6-1980; 3-12-1991 by L.L. No. 1-1991; 2-4-1992; 6-2-1992; 1-4-2000 by L.L. No. 1-2000; 10-16-2012 by L.L. No. 3-2012; 1-29-2019 by L.L. No. 1-2019]
A. 
It shall be unlawful for any person or entity, either directly or indirectly, to install, repair, alter or modify any plumbing or heating system or fixtures, or any sanitary, vent or potable water system, in the Town of Oyster Bay, without a master plumber's license, issued or recognized by the Town, being first procured and kept in effect pursuant to this chapter, except for individuals who are employees of a person or entity who has a master plumber's license, duly issued by the Town of Oyster Bay.
B. 
It shall be unlawful for any person to conduct a business of plumbing within the Town of Oyster Bay without a master plumber's license, issued or recognized by the Town, being first procured and kept in effect pursuant to this chapter.
C. 
It shall be unlawful for any person to represent him/herself as a plumber, master plumber, or plumbing contractor on signs, cards, stationery, vehicles, contracts, written estimates, in advertising or in any other manner, by the use of the word "plumber" or "plumbing" or any words of similar import or meaning, unless he or she has complied with this chapter and holds a license issued pursuant thereto.
D. 
Each week's continued violation shall constitute a separate additional violation.
E. 
The Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any such ordinance, rule or regulation, notwithstanding the provision for a penalty or other punishment for such violation.
Any person desiring a license required by this chapter shall, before being examined, make application, in writing, to the Plumbers' Examining Board, on such forms as may be prescribed by the Examining Board, and submit therewith two photographs of the applicant, approximately 1 1/2 by 1 1/2 inches, taken within 30 days of submission, together with such other information as the Board may require concerning the applicant's fitness and qualifications to receive a license. The Plumbers' Examining Board shall arrange and conduct an examination as to the competency and qualifications of each applicant within six months of the date of the application; except that applicants who maintain a principal place of business within any municipality in the state and are duly licensed as master plumbers by that municipality, which municipality has entered into a reciprocity agreement with the Town, shall be exempt from the examination requirement, but shall submit the prescribed application, together with a certificate of competency, a certified copy of a currently valid master plumber's license, and proof of insurance in compliance with § 80-42 of this chapter.
Every applicant shall, prior to the issuance of a master plumber's license or a renewal thereof, obtain public liability insurance, and file a certificate thereof with the Department of Planning and Development, which shall protect him/her from claims for damages for bodily injury, including death, as well as claims for damages to property. The limits of said policy shall be not less than $1,000,000 single limit for all damages arising out of bodily injury and property damage, with a general aggregate of $2,000,000. The Town of Oyster Bay must be listed as an additional insured and a certificate holder of said insurance coverage. The insurer must be a New York State licensed insurer with an "A" rating by AM Best and Company. The term of said insurance policy shall be for the term of the license and said insurance shall remain in full force and effect throughout the license period and shall provide that cancellation or material modification to such policy shall not be made unless at least 15 days' prior written notice thereof be given by registered or certified mail to the Commissioner of the Department of Planning and Development of the Town of Oyster Bay.
Each applicant for a license required by this chapter, except as may otherwise be provided by a reciprocity agreement with other municipalities, shall pay a nonrefundable filing fee for each application and an additional fee upon the issuance of a license in an amount as determined by the Commissioner of the Department of Planning and Development.
A. 
The Plumbers' Examining Board shall refuse an application from any person who at the time of making application may be unlawfully engaged in business as a master plumber.
B. 
All applications shall expire and be canceled after a period of one year if the applicant does not appear for examination or reexamination within that period.
C. 
All examinations shall be written by the applicant and must be in English.
D. 
The time of holding the examination shall be left to the discretion of the Examining Board. Ample notice shall be given to the applicants.
E. 
After an examination for a license required by this chapter, the Plumbers' Examining Board shall endorse on the application its approval or disapproval of the application and, if approved, the Division of Building shall grant a license to the applicant.
A. 
All licenses issued pursuant to this chapter shall expire on the last day of December of the third year following the date of issue, provided they are in good standing with § 180-44.
B. 
Licenses may be renewed without examination upon timely payment of a renewal fee in an amount as determined by the Commissioner of Planning and Development, and filing of proof of insurance.
C. 
If a licensee under this chapter fails to make proper and timely application for the renewal of his or her license he or she shall be required to reapply and pay the initial license fee, pursuant to § 180-43.
D. 
A licensee who fails to renew his or her license for five consecutive years shall be subject to reexamination, as if applying for an initial license, and shall pay the examination fee as provided in § 180-43.
Any person licensed pursuant to this chapter who, because of his or her municipal employment, may be subjected to a conflict of interest, may surrender his or her license to the Commissioner of the Department of Planning and Development or his or her designee, which license may be held inactive without a renewal fee required until such time as the licensee may not be in municipal employment. Upon written notification from the licensee, his or her plumbing license shall be immediately restored upon payment of the current registration renewal fee.
A. 
No master plumber shall, directly or indirectly, allow his/her license to be used in connection with work not actually performed by him/her or his/her employee(s). Employees shall be considered people who work for the master plumber for no fewer than 35 hours per week, or for no fewer than the minimum number of hours required of employees under applicable union rules, as determined by the Commissioner of the Department of Planning and Development or his/her designee.
B. 
No master plumber may hold/own or be an officer of more than one corporation for the purpose of performing plumbing work. A master plumber must notify the Town, in writing of the corporation he/she does plumbing work for, of his/her position in the corporation, and with a list of the other licensed plumbers, if any, working for the corporation.
A master plumber's license granted under the provisions of this chapter may be revoked or suspended by the Commissioner of the Department of Planning and Development, for any of the following conduct after due notice to the licensee, and after a hearing by the Plumbers' Examining Board on the matter:
A. 
Failure to file an application for a permit prior to the installation of plumbing work;
B. 
Failure to take the required action called for upon receipt of a notice of violation;
C. 
Performance of plumbing work in violation of the requirements of this chapter;
D. 
Violating license restrictions, including renting or lending a license to a third party (see § 180-47, above);
E. 
A felony conviction;
F. 
Altering or defacing a certificate of inspection or approval; or
G. 
Filing an application to perform plumbing work, for a person not licensed as a master plumber by the Town of Oyster Bay.
A. 
Notice. The notice of hearing required under § 180-48 shall state the charges that are the basis of the proposed revocation or suspension, constituting violation(s) of one or more provisions listed in § 180-47 and 180-48 hereof. Said notice shall be served either personally or by certified mail, return receipt requested, to the licensee's last known address.
B. 
Hearing. Said hearing shall be held after at least 10 days' notice to the licensee. At said hearing, the licensee shall have an opportunity to appear and be heard in relation to the proposed revocation or suspension. Minutes of the hearing shall be transcribed by a court reporter.
C. 
Determination. After the required hearing is conducted, and written findings of fact and a recommendation is provided by the Plumbers Examining Board, the Commissioner of the Department of Planning and Development may, in addition to any other remedy available to him or her, revoke (or suspend for a period of up to one year) any master plumber's license.
A. 
Each week's continued violation of the conduct set forth in § 180-47 or 180-48 shall constitute a separate additional violation.
B. 
In addition to the Commissioner's right to revoke or suspend the master plumber's license, or alternatively, after the hearing and upon a finding of violation(s), the Commissioner of the Department of Planning and Development may impose civil penalties on any master plumber committing an offense against any of the provisions of § 180-47 or § 180-48, in an amount not less than $3,000 nor more than $5,000 for the first offense, in an amount not less than $5,000 nor more than $7,500 for a second offense, and in an amount not less than $7,500 nor more than $10,000 for any subsequent offense(s).
C. 
The Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any such ordinance, rule or regulation, notwithstanding the provision for a penalty or other punishment for such violation.
In addition to and notwithstanding any other remedy for an offense against this chapter, any person violating a directive issued by the Commissioner of the Department of Planning and Development or his/her duly authorized representative, made pursuant to the provisions of this chapter, shall be guilty of a violation punishable by a fine not exceeding $900.
If any provision of this chapter or the application thereof is held invalid for any reason, the remainder of this chapter and the application thereof shall not be affected thereby.