The Plumbing Advisory Board shall determine an applicant's qualifications
for a Master or Limited 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 Department of Engineering Services together
with payment of the requisite application fee.
B. Work Experience. Every applicant shall have at least seven (7) years
of continuous work experience in the installation, repair and/or maintenance
of plumbing systems or 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. Written examination. Upon the Board's approval of an applicant's
work experience, the applicant shall sit for a written examination
where the minimum passing score is 70%. Applicants that fail the written
exam may schedule a second exam at no additional cost. Failure to
obtain a passing grade on the second exam shall require an applicant
to remit the requisite fee before the exam may be retaken. Failure
to obtain a passing grade on the third exam shall void the application.
D. Practical examination. Applicants seeking to obtain a Master Plumbing
License must successfully complete a practical examination and demonstrate
sufficient knowledge and technical ability to perform and supervise
the installation, alteration, modification, or repair of plumbing
and heating systems.
E. Failure to receive a license shall not prevent the applicant from
filing a new application at any time.
Licenses shall be issued to those meeting the requirements of
this chapter. A photo ID card identifying the licensee's name, type
of license, license number, and the date the license expires shall
be issued by the Town to all licensees. Photo ID cards shall be available
at all times during the performance of work, and shall be produced
upon request of the code enforcement official or customer. Any licensee
who fails to produce the ID card upon request shall be in violation
of this chapter.
Initial and renewal licenses issued for limited activities or
for master plumbers are valid for a period of three (3) years from
the date of issuance.
The provisions of this chapter shall not relieve any person
owning, operating maintaining or installing any plumbing systems or
equipment from liability for loss of life or damages to persons or
property caused by any defect in the work or hazardous condition therein,
nor shall the Town be deemed to have assumed such liability by reason
of any license issued pursuant to this Chapter.
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 license renewal; or
C. The license is used by a person other than the person to which the
license was issued; or
D. The license holder failed, refused or neglected to comply with a
lawful order of the Director or a code enforcement officer 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 Director.
An administrative hearing shall be held before a duly appointed
Administrative Hearing Officer. Hearings may be adjourned only upon
good cause shown.
A. 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 such other evidence in his own behalf as he deems necessary
and relevant to the subject matter of the hearing. All hearings shall
be recorded.
B. The Hearing Officer shall 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 upon the licensee
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.
C. Action upon non-appearance. Upon the failure, neglect or refusal
of the licensee to appear at the administrative hearing 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 license may be suspended for a
period of time or revoked for the reasons set forth in the code enforcement
officers 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
§ 153-26(E) 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.