A.
Plumbing permits shall be required for the installation, repair,
or modification of plumbing systems, medical gas systems, natural
gas or liquefied petroleum gas piping, or the installation or modification
of irrigation systems. The Director of Engineering Services or his
designee shall issue plumbing permits upon compliance by the applicant
with all state and local requirements and standards.
B.
It shall be unlawful for a person to install, repair, service, or
modify any plumbing system, medical gas system, natural gas or liquefied
petroleum gas piping, or irrigation system without benefit of a plumbing
permit issued by the Town of Huntington. Any person who fails, neglects
or refuses to obtain a permit before commencing the work shall be
in violation of this Chapter.
A.
Permits for multiple purposes. A single permit may be granted for
one (1) or more purposes for which approval is sought at the discretion
of the Director of the Department of Engineering Services.
B.
Permit Placement. Permits shall be posted in a conspicuous place
on the premises so as to be readily available for inspection by the
code enforcement official. It shall be unlawful to fail or neglect
to post the required plumbing permit on site where work is being performed.
C.
Scope of permit. Permits shall be issued for specific purpose(s)
or activity(ies) and shall not be constructed to authorize any other
work or activity than as set forth on the face of the permit.
D.
Conditions and restrictions. The Director or his designee may restrict
or condition a permit as he or she deems necessary or appropriate,
and any said condition or restriction shall be set forth on the face
of the permit or renewal thereof at the time of issuance.
A completed and signed application for a permit shall be made
to the Department of Engineering Services and shall be accompanied
by the non-refundable application fee established in this Chapter.
A.
Permit applications shall include three (3) sets of plans and specifications
for the proposed work. Required drawings shall include but not be
limited to:
B.
Construction documents shall be of sufficient clarity to indicate
the location, nature and extent of the work proposed and show in detail
that the work will conform to the requirements of this Chapter, the
Plumbing Code of New York State, the Fuel Gas Code of New York State,
the Mechanical Code of New York State, and other applicable law, rule
or regulation.
C.
Incomplete applications. An incomplete application for any work,
activity or operation shall be deemed to have been abandoned six (6)
months after the date of filing, except that the Director of Engineering
Services may grant one or more extensions not exceeding ninety (90)
days each for good cause shown, as long as it is demonstrated to the
satisfaction of the Director that the applicant is proceeding diligently
and in good faith, and the delay in filing a complete application
is not under the control or due to the actions of the applicant.
D.
Denial of application. If the application for a permit describes
a use or activity that does not conform to state or local requirements,
a permit shall not be issued and the application shall be returned
with the reason for denial.
E.
Correction of errors.
(1)
Where field conditions necessitate a substantial change from the
approved construction documents, corrected construction drawings shall
be submitted for approval
(2)
The issuance of a permit based on construction documents and other
data shall not prevent the code enforcement official from requiring
the correction of errors in the documents submitted based upon field
conditions.
A.
Term, extensions. Plumbing permits are valid for one (1) year from
the date of issuance. The Department of Engineering Services may extend
such permits for no more than two (2), one (1) year terms. In no event
shall a plumbing permit be renewed beyond three (3) years of the original
date of issuance. Such permit shall be null and void at the end of
the extension period(s). An expired plumbing permit must be replaced
with a new permit upon the submission of a new application and payment
of the requisite fee.
B.
Extension fees. The fee for each extension period shall be one-half
(1/2) of the total application fee paid for the original permit. If,
at the discretion of the Director of Engineering Services, payment
of the fee for an extension in full for a plumbing permit would constitute
a severe hardship to the applicant, the fee may be pro-rated on a
monthly basis provided the project is substantially complete and the
hardship has not been caused by the actions of the permit holder.
A.
Acceptance. The acceptance of a permit shall constitute an agreement
by the property owner and/or permit holder that the work to be performed,
or activity or operation, will comply in all respects with the plans
and specifications approved by the Department of Engineering Services,
and that no modification, alteration or deviation from the approved
plans and specifications, or the permit, will occur without the prior
approval of the code enforcement official. A property owner and/or
permit holder who performs work, or causes work to be performed, or
conducts an operation or activity which modifies, alters or deviates
from the approved plans, specifications or permit in any way shall
be in violation of this Chapter. In addition to any other penalty
provided for herein, the Town may issue a stop-work order and may
revoke the permit.
B.
Unlawful transfer of permit.
(1)
Transfer to other property. It shall be unlawful to cause or permit
a permit to be posted at a premise other than the premises for which
the permit was issued. The person to whom the permit was originally
issued and the owner of the property on whose property the permit
is unlawfully posted shall be deemed to be in violation of this Chapter.
In addition to any other penalty provided for herein, the Town may
issue a stop-work order and may revoke the permit.
(2)
Transfer to other contractor. Plumbing permits are not transferable
and any change in installation contractor shall require that a new
permit be obtained. It shall be unlawful to transfer a permit to another
person without obtaining a new plumbing permit. The person to whom
the permit was originally issued, the owner of the property on whose
property the work is being performed, and the person who accepted
the transferred permit shall be deemed to be in violation of this
Chapter. In addition to any other penalty provided for herein, the
Town may issue a stop-work order and may revoke the permit.
C.
Alteration of permit. It shall be unlawful to alter, obscure, deface,
change or otherwise tamper with any portion of a permit issued pursuant
to this Chapter. The property owner and/or permit holder shall be
deemed to be in violation of this section. In addition to any other
penalty provided for herein, the Town may issue a stop-work order
and may revoke the permit.
A permit may be 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 permit, including but not limited
to any of the following:
A.
The permit is used for work, or an activity or operation, location
or establishment other than that for which it was issued; or
B.
A condition or restriction set forth in the permit has been violated,
neglected or ignored; or
C.
There has been a false statement, an error, mistake or misrepresentation
as to a material fact in the application for a permit, the construction
documents or the plans submitted for a permit; or
D.
The permit is used by a person other than the person to whom the
permit it was issued; or
E.
The permit holder has failed, refused or neglected to comply with
the lawful order or notice of the Director or code enforcement official
pertaining to the permit or work within the time provided by the official;
or
F.
The permit was issued in error or in violation of state, county,
or local law, rule or regulation; or
G.
Such other basis as deemed proper or necessary by the Director.
A.
Prior to the revocation of a permit, the code enforcement official
shall prepare a report outlining the reason(s) for the proposed revocation
of the permit. A copy of the report shall be mailed to the property
owner at the address shown on the most current assessment roll maintained
by the Town Assessor, or to his agent, or person-in-charge of the
property, and to the permit holder together with a Notice of Hearing
which shall contain the following:
B.
Amendment, modification or withdrawal. The code enforcement official
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 property owner at the last address shown on the most current
assessment roll of the Town Assessor, or to the owner's agent or person-in-charge
of the property at the last known address, and to the permit holder
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.
Conduct of hearings. At the administrative hearing the permit holder
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.
Administrative Hearing Officer. 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 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 person(s) to whom the original Notice was served 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 permit holder 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 permit may be revoked
for the reasons set forth in the code enforcement officer'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
person(s) to whom the original Notice was served by regular mail and
by registered or certified mail, return receipt requested.
D.
Error or mistake. If the basis for the revocation is § 153-39(F) such revocation shall be effective upon a mailing advising the property owner, his agent, or person in charge of the property and the permit holder that the permit is revoked and the reason(s) thereof. Such mailing shall be accomplished by regular and certified mail, return receipt requested, and addressed to the last known address of the proposed recipient.
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 to impede the ability of town officials to enforce the
code through stop work orders, notices of violation and summonses.
A.
Work for which a permit has been issued pursuant to this chapter
shall be inspected by the code enforcement official at appropriate
stages of the project. Work shall be inspected prior to enclosing
or covering any portion thereof and it shall be the responsibility
of the permit holder, owner, applicant, or his agent to schedule such
inspections with the Department of Engineering Services. Failure to
have the work inspected shall be deemed a violation of this chapter.
B.
A certificate of completion for work performed under a plumbing permit
may not be issued until such time as a final inspection has been performed
and approved by the code enforcement official.
C.
Prior to scheduling an acceptance test the contractor of record shall
provide the code enforcement official with copies of all required
regulatory approvals.
