[Added 1-14-2015 by L.L. No. 3-2015[1]]
[1]
Editor's Note: This local law also renumbered former Articles III through IX as Articles IV through X, respectively.
(A) 
It shall be unlawful for any person, to install, repair, or modify automatic fire extinguishing systems, automatic fire sprinkler systems, or clean agent extinguishing systems, without benefit of a valid license issued by the Director of Engineering Services.
(B) 
It shall be unlawful to directly or indirectly allow a license to be used in connection with work not actually conducted or completed by the licensee or under the supervision of said individual. The person using the license and the license holder shall be deemed in violation of this chapter.
The Huntington Plumbing Licensing Board shall determine whether an applicant for a limited license qualifies to take the written examination for a license based on the following criteria:
(A) 
Applicants shall be a minimum of 21 years of age and shall apply in writing to the Huntington Plumbing Licensing Board on application forms supplied by the Bureau of Fire Prevention together with payment of the requisite fees.
(B) 
Every applicant shall have at least five (5) years of continuous work experience in the installation, repair and/or maintenance of fire protection equipment; or have completed a plumbing union apprenticeship program, or an approved course of study at a certified technical school, or any combination thereof.
(C) 
Examination. Upon successful demonstration of competency, applicants shall take and pass a written examination with a minimum score of 70%. Applicants that fail the written exam may schedule a second exam without penalty. Failure to obtain a passing grade on the second exam shall require an applicant to submit an additional exam fee before the exam may be retaken. Failure to obtain a passing grade on the third exam shall void the application.
(D) 
Failure to receive a license shall not prevent the applicant from filing a new application at any time.
(A) 
Term. Initial and renewal licenses are valid for a period of three (3) years from the date of issuance. Applications for initial and renewal license shall be made in person and shall include the following:
(1) 
A completed and signed application on a form provided by the Department of Engineering Services accompanied by the requisite fee. The applicant shall disclose the D/B/A he or she proposes to use, if applicable; and
(2) 
Insurance certificates identifying general liability coverage in the minimum amount of $1,000,000 for any one accident and $500,000 for any one person, and for damage to property a minimum coverage of $250,000; and
(3) 
Such other and further documentation as deemed necessary by the Licensing Board.
(B) 
Fees. The following fees are established for the application and issuance of a limited license to install, repair, or modify automatic fire extinguishing systems, automatic fire sprinkler systems, and clean agent extinguishing systems.
[Amended 3-12-2024 by L.L. No. 16-2024]
(1) 
Initial application fee. A non-refundable processing fee of $150.00 shall be remitted for each license type applied for prior to an applicant taking the respective examinations.
(2) 
License fee. Upon successful completion of the requisite examination(s) the applicant shall remit a license fee of $300.00 prior to the issuance of a Limited License.
(3) 
Re-examination fee. If an applicant fails the written examination twice a non-refundable $50.00 re-examination fee shall be payable before the test may be taken for a third time.
(4) 
Renewals. An individual who possesses a single or multiple limited licenses may renew the license(s) upon timely application for same and payment of a non-refundable renewal fee of $300.00 prior to the expiration of the license sought to be renewed. Within 90 days of the expiration of the current license, renewals may be permitted upon payment of the license renewal fee and an additional penalty of $75.00 without written reexamination. Applicants who fail to renew their licenses within such 90 day period shall be required to apply for a new license with the Plumbing Licensing Board. Such applicants are required to pay all requisite fees and pass a written examination.
The provisions of this article shall not relieve any person owning, operating maintaining or installing any fire protection equipment from liability for loss of life or damages to persons or property caused by any defect or hazardous condition therein; nor shall the Town be deemed to have assumed such liability by reason of any license issued pursuant to this article.
A license may be suspended or revoked by the Director of Engineering Services when it is found by inspection or otherwise that there has been an unlawful act in connection with the license, including but not limited to any of the following:
(A) 
A condition or restriction set forth in the license has been violated, neglected or ignored; or
(B) 
There has been a false statement, an error, mistake or misrepresentation as to a material fact in the application or documents submitted for a license; or
(C) 
The license is used by a person other than the person to which the license was issued; or
(D) 
The applicant failed, refused or neglected to comply with orders or notices duly issued by the Licensing Board or Bureau of Fire Prevention pertaining to the license within the time provided therein; or
(E) 
The license was issued in error or in violation of state, county, or local law, rule or regulation; or
(F) 
Such other basis as deemed proper or necessary by the Board or Chief Fire Marshal.
(A) 
Prior to the revocation of a licence, the Chief Fire Marshal shall prepare a report outlining the reason(s) for the proposed suspension or revocation of a license. A copy of the report shall be mailed to the licensee together with a Notice of Hearing which shall contain the date, time and place of an administrative hearing before an Administrative Hearing Officer to determine whether the license should be suspended or revoked.
(B) 
Amendment, modification or withdrawal. The Chief Fire Marshal may amend, modify or withdraw any Notice issued if, in his judgment, the circumstances warrant such action provided the amended or modified Notice is served as provided in C herein within five (5) business days of service of the original Notice, and a hearing has not occurred.
(C) 
Service of Notice. The Notice of Hearing and Report shall be served either personally in accordance with the CPLR, or by registered or certified mail, return receipt requested and by regular mail, addressed to the licensee at the address shown on the application.
An administrative hearing may be held before a duly appointed Administrative Hearing Officer. Hearings may be adjourned only upon good cause shown.
(A) 
Administrative Hearing Officer. The Hearing Officer may consider the evidence and shall submit his or her findings and recommendations to the Director of Engineering Services for ultimate determination. A copy of the Hearing Officer's report shall be filed with the Town Clerk and served in the same manner as the Notice of Hearing. Such mailing shall include a statement that the recipient has five (5) days from receipt of the report to submit to the Director his written objections to the Hearing Officer's findings and recommendations. The Director shall consider the written objections and the Hearing Officer's report, and may adopt or reject, in whole or in part any portion thereof as he or she deems advisable or necessary under the circumstances. The Director's determination shall be final, and shall be filed in the Office of the Huntington Town Clerk and mailed to the licensee by regular mail and by registered or certified mail, return receipt requested.
(B) 
Conduct of hearings. At the administrative hearing the licensee shall be entitled to be represented by legal counsel and provided with an opportunity to be heard. He may present the testimony of witnesses, experts and other evidence in his own behalf as he deems necessary and relevant to the subject matter of the hearing. All hearings shall be recorded.
(C) 
Action upon non-appearance. Upon the failure, neglect or refusal of the licensee to appear at the administrative hearing or submit objections thereto; or if the mailing is returned by the Post Office because of the inability to make delivery for any reason, as long as the Notice was properly addressed, at the election of the Director the permit may be suspended for a period of time or revoked for the reasons set forth in the Chief Fire Marshal's original report. The Director's determination shall be final, and shall be filed in the Office of the Huntington Town Clerk and mailed to the licensee by regular mail and by registered or certified mail, return receipt requested.
(D) 
Error or mistake. If the basis for the suspension or revocation is § 111-25.1E such suspension or revocation shall be effective upon a mailing advising the licensee that the license is suspended or revoked and the reason(s) thereof. Such mailing shall be accomplished by regular and certified mail, return receipt requested, and addressed to the licensee at the address shown on the application.
(E) 
Remedies. Nothing contained herein is intended to limit or restrict the Town's use of other remedies without limitation, at law or in equity, or impede the ability of town officials to enforce the code through stop work orders, notices of violation and summonses.