[HISTORY: Adopted by the Legislature of the County of Putnam 5-28-1996 by L.L. No.
7-1996; amended in its entirety 9-5-2017 by L.L. No.
8-2017. Subsequent amendments noted where applicable.]
This chapter of the Code of Putnam County shall be entitled
and known as the "Putnam County Plumbing and Mechanical Trades Licensing
Law."
It is the intent of this chapter to regulate and license the
business of plumbing and related mechanical trades, within the County
of Putnam, in order to protect and promote the health, safety and
welfare of the residents of Putnam County. This chapter, which amends
L.L. No. 20-2009, provides that no person, business, partnership or
other entity shall engage in the work or trade of installing, altering,
removing, replacing, testing or the repairing of plumbing and related
mechanical trades systems, as provided for herein, within the County
of Putnam unless duly licensed or registered as required by the provisions
of this chapter.
[Amended 3-6-2018 by L.L.
No. 5-2018; 7-3-2018 by L.L. No. 8-2018; 10-5-2021 by L.L. No. 10-2021]
For the purposes of this chapter, the following terms shall
have the following meanings, unless the context requires otherwise:
A written notice issued and subscribed by the Director of
Consumer Affairs, or his or her designee, directing a person to appear
at a designated future time in connection with the alleged commission
of a violation of this chapter. A notice conforming to such definition
constitutes an appearance ticket even if referred to by any other
name or title.
The Plumbing and Mechanical Trades Board of Putnam County
as provided for by the provisions of this chapter.
Includes any corporation, partnership, limited partnership
or joint venture formed for the purpose of engaging in the business
and/or trade of plumbing and/or related mechanical trades.
A formal structure for testing and documentation that assures
workers in the propane industry have the necessary knowledge and skills
to perform their work safely and effectively.
All references to the "County" will be to the County of Putnam,
unless otherwise indicated.
The Director of the Putnam County Office of Consumer Affairs/Weights
and Measures/Trades Licensing and Registration.
All devices and apparatuses comprising the water-based fire
protection system extending from the point of fire protection service
to and including the sprinkler head and inspection test stations,
and any other required apparatuses and terminal points within the
related piping system.
A specific number of memberships established in the rules
governing an organization. Specifically, the fixed membership of the
Plumbing and Mechanical Trades Board is nine.
Any device or apparatus used in connection with a heating,
ventilation and/or air-conditioning system that utilizes the constant
temperature of the earth as an exchange medium instead of outside
air temperature. For purposes of this chapter, this definition shall
include all design and conveyance pipes for any and all types of refrigerant
gas, oil, glycol or water, including piping to an incidental connection.
The design, installation, maintenance, repair, fabrication,
alteration and extension of heating duct systems and related appurtenances,
including hot water, low-pressure steam, solar systems and warm-air
furnace systems. For the purposes of this chapter, this definition
shall include heating systems that are oil fired, natural gas, propane
or geothermal.
Any device or apparatus used in connection with a heating,
ventilation and/or air-conditioning system located in any building
structure whatsoever. For purposes of this chapter, this definition
shall include all conveyance pipes for any and all heating and cooling
systems which include geothermal, refrigerant gas, oil and/or water.
A person who performs installation, repairs, maintenance,
extensions and/or alterations to a solar system, HVAC system or geothermal
HVAC system and who is licensed in accordance with the provisions
of this chapter.
A connection to an existing water system, HVAC system and/or
electrical system that shall not exceed five feet and does not involve
substantial modification, alteration and/or repair to the existing
system. For purposes of this chapter, an incidental connection does
not include the installation of, alteration of and/or modification
to a potable water, waste, soil and/or vent system or replacement
of valves, water meters or back-flowing devices. Water meters that
are installed by the homeowner's own water system's or water
department's licensed operators are exempt from this rule.
A person who works within the County and is employed by and
under the supervision and control of a County-licensed master tradesperson,
and:
Has a minimum of five years' experience in plumbing, heating,
sheet metal, or HVAC (including geothermal and refrigeration); or
Has met the requirements of the Certified Employee Training
Program (CETP) offered through the National Propane Gas Association
and has a minimum of two years' experience in LP gas; or
Has two years' experience cleaning and tuning up oil burner
heating systems; or
A person who has been approved by the Board and is registered
with Putnam County through the application process; or
Has satisfied the requirements found in § 190-8.1, Mechanical trades; special regulations and requirements in regard to journeyman fire protection system installer.
The Putnam County Legislature.
All devices and apparatuses comprising the liquid petroleum
gas piping system for all LP-gas-burning appliances, including natural,
propane, butane and any other gas used for heating, cooking or ornamental
purposes, extending from the point of connection with the local supplier's
meter and/or storage tank to all termination points contained in the
consumer's piping system.
An individual who performs installation, repairs, maintenance,
extensions, relocation and/or alterations to an LP gas system and
who is licensed in accordance with the provisions of this chapter.
A person who performs installation, repairs, maintenance,
extensions and/or alterations to a heating duct system and related
appurtenances, including hot water, low-pressure steam, geothermal
and solar systems and who is licensed in accordance with the provisions
of this chapter.
A person who installs and/or repairs pipes, fixtures and
other apparatus relating to the distribution of water or gas in a
building and for disposal of sewage and otherwise engages in or carries
on the business of plumbing, as provided for by the provisions of
this chapter.
A general term used within this chapter to denote a person
who is licensed as a master in any trade.
Trades that are directly related to the trade of plumbing
and subject to licensure under the provisions of this chapter, such
as fire protection, geothermal heating, heating systems, ventilation
and air-conditioning systems, solar systems ("HVAC"), liquid petroleum
gas, sheet metal work, water well drilling, geothermal drilling and
water pumps.
A person engaged in the practice of mechanical trades as
defined by the provisions of this chapter.
A collaborative program established by the oil heating industry
to strengthen the industry by improving education and training for
employees in the industry, providing customers more information and
developing new products for consumers.
National Institute for Certification in Engineering Technologies
(NICET) is a nonprofit division of the National Society of Professional
Engineers whose mission is to promote excellence in engineering technologies
through certification and related services.
A written notice setting forth the particulars of the alleged violation(s) of this chapter, the date and time of the hearing, and the hearing procedures set out in § 135-22B(1).
Cleans and maintains oil burner heating systems.
For purposes of this chapter, the term "person" shall include
an individual, partnership, corporation, business organization or
other similar entity.
The practice, materials and fixtures utilized in the installation,
maintenance, extension and alteration of all piping, fixtures, plumbing
appliances and plumbing appurtenances, within or adjacent to any structure,
in connection with sanitary drainage or storm drainage facilities;
venting systems; medical gases and public or private water supply
systems. From the Uniform Plumbing Code Item No. 004: Plumbing includes
many types of plumbing and piping systems, including those piping
systems for plumbing (water supply and drainage), fuel gas, medical
gas, vacuum, combustion flue vents, fire-stopping systems, firefighter
breathing-air-replenishment systems, etc.
Water free from impurities present in amounts sufficient
to cause disease or harmful physiological effects and conforming in
bacteriological and chemical quality to the requirements of the public
health authority having jurisdiction.
A person who is responsible for the on-site repair or installation
of water pumps.
The process by which any product or substance is cooled or
maintained at or below 55° F.
Any person who engages in or carries on the business of installing,
erecting, altering, extending, repairing or maintaining any device,
system or equipment for refrigeration in buildings or structures,
private or public.
Utility consisting of the duct work and material for the
distribution of air-controlled movement.
Evidence that a reasonable mind could accept as adequate
to support a conclusion; evidence beyond a scintilla.
A person who engages in the installation, repair, replacement,
alteration and maintenance of water softeners, water treatment and/or
purification systems.
A person who engages in the function of drilling, driving,
boring, jetting and/or excavating in order to obtain a source of water
supply from an aquifer or as it relates to the drilling concerning
a geothermal HVAC system.
In addition to such other powers and duties as may be provided
for by local law, the Director shall be responsible for the direct
daily supervision of the Secretary to the Board, Compliance Enforcement
Officer(s) and any other employees of the Office of Consumer Affairs/Weights
and Measures/Trades Licensing and Registration.
A.
Board established. There shall be a Plumbing and Mechanical Trades Board ("Board") consisting of nine members, who shall each be residents of the County or own a business within the County. (See definition of "fixed membership," § 190-3.)
B.
The Board shall interview all candidates for Board membership and
submit its recommendations with all candidates' resumes to the Legislature.
C.
Board members shall be appointed by a majority vote of the Legislature.
Board members shall serve a term of three years and at the pleasure
of the Legislature.
D.
Composition of Board. The composition of the Board shall be a representative
group of people ranging from those with no experience to a master's
level experience with the plumbing and mechanical trades or working
as a plumber or mechanical tradesperson. However, the Board must contain
at least one plumber or mechanical tradesperson at all times. At no
time shall the composition of the Board interfere with the viability
of the Board to perform its duties and to adhere to its responsibilities.
A representative group may include:
[Amended 3-6-2018 by L.L.
No. 5-2018; 12-3-2019 by L.L. No. 13-2019]
(1)
Licensed,
shelved, or former master plumbers.
(2)
Licensed,
shelved, or former master heating technicians.
(3)
Citizens
who have never been licensed by the County of Putnam to perform plumbing
or mechanical trades work.
(4)
Licensed,
shelved, or former mechanical tradespersons.
(5)
Current
or former Building Inspectors.
(6)
Licensed,
shelved, or former HVAC mechanical tradespersons.
(7)
Licensed,
shelved, or former LP gas mechanical tradespersons.
(8)
Licensed,
shelved, or former well drillers.
(9)
Licensed,
shelved, or former journeymen
(10)
Current
members of a plumbing or mechanical trades union.
E.
Secretary. There shall be a Secretary to the Board who shall be appointed
by the County Executive. The Secretary shall report to the Director
of the Office of Consumer Affairs, Weights and Measures and Trades
Licensing and Registration.
F.
Chairperson and Vice Chairperson. The Board, by majority vote of
the fixed Board, shall elect a Chairperson and Vice Chairperson, each
of whom shall serve a one-year term. A Chairperson shall serve no
more than two consecutive one-year terms. Once a Chairperson has served
two consecutive one-year terms, he/she shall be prohibited from serving
as the Board Chairperson or Vice Chairperson for a period of not less
than two years.
G.
Quorum. A majority of the fixed membership of the Board shall constitute
a quorum for the transaction of business. A quorum may be achieved
by members attending in person or by Board-approved electronic means
that allow for simultaneous visual and aural communication throughout
the entire deliberative session.
H.
Vacancies. In the event of a vacancy on the Board, the Board shall
send its recommendation to the Legislature, and the remainder of the
vacating member's term shall be filled by appointment by the Legislature.
I.
Removal. A Board member may be removed by majority vote of the Legislature
for misconduct or malfeasance in office, incompetence, incapacity,
neglect of duty, chronic absenteeism, or other good and sufficient
cause.
The Board shall have the following powers and duties:
A.
Rules and regulations. The Board shall promulgate its own rules and
regulations with respect to its proceedings and with respect to any
matter over which it has jurisdiction, subject to guidelines set forth
in the Putnam County Legislative Manual for the setting of agendas,
conduct of meetings, and keeping of minutes. The rules and regulations
established by the Board shall not supersede the provisions of this
chapter. The Board shall prepare a manual of its duly adopted rules
and regulations and file the same with the Clerk of the Legislature.
Such manual shall be made available for public inspection. The Board
shall file with the Clerk of the Legislature a copy of every rule,
regulation and/or amendment thereto, and every decision, determination
and/or appeal thereof, and the same shall be public record.
B.
Meetings. The Board shall hold at least seven meetings a year at
the call of the Chairperson and at such other times as the Board may
determine necessary or desirable for the efficient discharge of the
business of the Board at the call of the Chairperson or upon written
request by two Board members. All members shall be provided with a
minimum of one week's prior written or oral notice of a meeting or
otherwise to the extent practicable at a reasonable time prior to
the meeting.
C.
Minutes/voting records. The Board shall keep minutes of its meetings
and proceedings, which shall consist of a record or summary of all
motions, proposals, resolutions and any other matter formally voted
upon and shall include a record of the final vote of each member.
(1)
Within two weeks from the date of such meeting, the Secretary shall provide the members of the Board with copies of the proposed minutes and shall make copies of such minutes available to the public. The minutes made available to the public shall be clearly identified as "draft" and/or "unapproved." Upon approval of the minutes pursuant to Subsection C(2) and (3) of this section, the Secretary shall replace any draft or unapproved minutes available for public inspection with a copy marked "approved."
(2)
The Board shall consider draft and/or unapproved minutes for approval
at the next regular Board meeting.
(3)
Any mistakes, errors or omissions noted by the Board shall be corrected
by the Secretary, and the revised minutes shall again be considered
by the Board at its next regular meeting.
(4)
Within 30 days after approval by the Board, the minutes shall be
filed with the Clerk of the Legislature.
(5)
The Office of Consumer Affairs shall retain all tape recordings for
one year.
D.
Records. The Board shall maintain a record of all licenses and registrations
issued, suspended or revoked under the provisions of this chapter.
A complete record of every examination administered under the provisions
of this chapter shall be kept on file in accordance with the County's
records retention and disposition schedule.
E.
Examinations and qualifications. The Board shall prescribe the licensing examinations for assessing an applicant's knowledge and expertise in the field of plumbing or related mechanical trade. In addition to prescribing written examinations, the Board shall investigate the qualifications, fitness and employment history of any applicant requesting licensure or registration pursuant to this chapter. The Board may require, as a condition of examination, that the applicant provide documentation and/or information relating to current or prior employment, qualifications and fitness, as set forth in § 190-9.
F.
Licenses/registration. Upon successful completion of the requisite
examination and upon the Board's satisfaction of the applicant's qualifications
for the license or registration sought, the Board shall grant and
issue periodic licenses and/or registrations.
G.
Complaints. The Board shall have the power to hold hearings on charges of violations of this Code, to make formal findings of facts and to impose civil penalties and sanctions in accordance with the law. See § 190-22, Enforcement.
H.
Subpoena power. Pursuant to New York Civil Practice Law and Rules
§ 2302(a), the Board shall have the power to issue, and
cause to be served, subpoenas for the production of books, records
and documents and appearance of witnesses at any duly convened hearing
of the Board.
I.
J.
Recommendations. The Board shall make recommendations to the Legislature
regarding any matter relating to the administration of this chapter,
including proposed amendments thereto.
K.
Suspension/revocation; civil penalties. The Board shall have the
power to suspend and/or revoke licenses and registrations issued hereunder
and/or assess and impose civil penalties for cause as prescribed by
the provisions of this chapter.
L.
Experts/consultants. Subject to legislative approval and appropriation
of funds, the Board may hire experts and/or consultants and pay for
their services as may be necessary and appropriate in the conduct
of its business.
M.
Oaths. The Chairperson of the Board or his/her designee shall be
empowered to administer oaths.
A.
No person shall engage in, carry on or conduct the business or trade
of plumbing or other related mechanical trade, as defined herein,
within the County, and no person shall represent himself or herself
to be a master tradesperson within the County, unless duly licensed
in accordance with the provisions of this chapter. The trades include,
but are not limited to, fire sprinkler, geothermal, heating, HVAC,
LP gas, NORA, plumbing, pump installer, refrigeration, sheet metal,
water treatment and well drilling.
B.
No person shall engage in, carry on or conduct the business or trade
of plumbing or other related mechanical trade, as defined herein,
or hire himself or herself out to perform the services of master plumber,
mechanical tradesperson, journeyman plumber or journeyman mechanical
tradesperson unless he or she has been duly authorized to do so by
the issuance of a license or registration.
C.
Nothing contained in this chapter shall be construed to obviate the
need for procuring any and all permits otherwise required by law for
the performance of plumbing and/or mechanical trades work within the
County.
[Amended 3-6-2018 by L.L.
No. 5-2018; 7-3-2018 by L.L. No. 8-2018; 10-5-2021 by L.L. No. 10-2021]
A.
Fire protection system installer.
(1)
Applicants for master fire protection system installer license
must:
(a)
Be at least 23 years of age; and
(b)
Submit proof of a minimum of five years' experience working
with the design, installation and repair of fire sprinkler systems;
and
(c)
Effective January 1, 2024, submit proof that he/she holds a
minimum of NICET III certification in water-based systems layout.
(2)
Applicants for journeyman fire protection system installer license
must:
(a)
Be at least 21 years of age; and
(b)
Submit proof of a minimum of two years' experience working under
the supervision of a licensed Master Fire Protection System Installer;
and
(c)
Effective January 1, 2024, submit proof that he/she holds a
minimum of NICET II certification in water-based systems layout.
B.
Fire Protection System Inspection, Testing and Service.
(1)
Applicants for master fire protection system inspection, testing
and service license must:
(a)
Be at least 23 years of age; and
(b)
Submit proof of a minimum of five years' experience working
with the inspection, testing and maintenance/service of fire sprinkler
systems; and
(c)
Effective January 1, 2024, submit proof that he/she holds a
minimum of NICET II certification in water-based systems inspection
and testing.
(2)
There is no journeyman fire protection system inspection, testing
and service license at this time.
C.
Geothermal. Applicants for a geothermal well drilling license must:
(1)
Be at least 21 years of age; and
(2)
Possess a minimum of two years' experience in the drilling industry;
and
(3)
Pass two examinations, one being geothermal, given by the National
Ground Water Association, Water Systems Council or a New York Department
of Environmental Conservation-recognized equivalent testing company
with a grade of 70% or better; and
(4)
Be registered with the New York Department of Environmental
Conservation; and
(5)
Additional information. Vertically-drilled geothermal wells
are to be drilled by a DEC New York State-certified well driller (registered
in 2011) as defined in this chapter.
E.
HVAC technician. Applicants for an HVAC technician license must:
(1)
Be at least 21 years of age; and
(2)
Submit proof of a minimum of seven years' experience in the
performance of HVAC installation, maintenance and repair and an EPA
2 or 3 card; and
(3)
Successfully complete the master HVAC examination with a grade
of 70% or better.
(4)
Additional information. Vertically drilled geothermal wells
are to be drilled by a Department of Environmental Conservation New
York State-certified well driller (registered in 2011) as defined
in this chapter.
G.
NORA Applicants for a NORA license must:
I.
Pump and/or pumping system installation. Applicants for pump and/or
pumping system installation license must:
(1)
Be at least 21 years of age; and
(2)
Possess a minimum of two years' experience in the pump industry;
and
(3)
Pass two exams given by the National Ground Water Association,
Water Systems Council or a New York Department of Environmental Conservation-recognized
equivalent testing company with a grade of 70% or better; and
(4)
Be registered with the New York Department of Environmental
Conservation.
J.
Refrigeration. Applicants for a refrigeration license must:
L.
Water treatment specialist. Applicants for water treatment specialist
certification must:
M.
Water well drilling. Applicants for well drilling, including geothermal,
certification must:
(1)
Be at least 21 years of age; and
(2)
Possess a minimum of two years' experience in the drilling industry;
and
(3)
Pass two examinations given by the National Ground Water Association,
Water Systems Council or a New York Department of Environmental Conservation-recognized
equivalent testing company with a grade of 70% or better; and
(4)
Be registered with the New York Department of Environmental
Conservation.
(5)
Additional information. Vertically drilled geothermal wells
are to be drilled by a Department of Environmental Conservation New
York State-certified well driller (registered in 2011) as defined
in this chapter.
[Amended 10-5-2021 by L.L. No. 10-2021]
A.
Notwithstanding any other provision of this chapter, a master plumbing
license shall not be required to make incidental connections, as defined
herein, to existing piping systems, provided that such connection
is made by a person who has been duly registered under the provisions
of this chapter in the related and applicable mechanical trade*.
*Water meters that are installed by the homeowner's own water
system's or water department's licensed operators are exempt from
this rule.
B.
Exception. In a new construction, defined herein to mean a structure
that does not have a present existing potable water system, all final
potable water supply connections to and from any appliance located
within the structure must be made by a licensed master plumber. Further,
all LP gas piping and natural gas piping connections within such structures
must be installed by a licensed master plumber or mechanical tradesperson.
C.
Any oil burner/boiler alteration, modification or installation involving
relocation of any part of an HVAC system more than five feet from
an existing heating, ventilation or air-conditioning appliance which
is connected to a refrigerant line(s) must be performed by a licensed
HVAC technician.
D.
The electrical connections involved in any alteration, modification
or installation involving relocation of any part of a mechanical system
or appliance more than five feet from an existing mechanical system
or appliance which is hard-wire connected to electrical line(s) must
be performed by a licensed electrician.
A.
Written application. Written applications for licensure and/or registration
shall be submitted to the Secretary of the Board on the form prescribed
by the Board. At a minimum, each application shall set forth the name
of the individual seeking licensure or registration, residence address,
business address, e-mail address (if applicable), telephone numbers,
date of birth and trade names of the applicant, plus such additional
information concerning his or her qualifications and history, including
any criminal record, as the Board may require. Any person applying
for a licensure for any trade pursuant to this chapter must be at
least 21 years of age. All applications shall be notarized. If the
applicant is an officer, owner or employee of a plumbing and/or mechanical
trade business, partnership or corporation, then the application shall
set forth the names of all officers, owners and employees thereof
as of the date of application.
B.
Proof of current or prior employment, qualifications and fitness
for licensure. All applicants must provide proof of his/her experience
by providing documentation and/or information relating to his/her
current and/or prior employment, qualifications and fitness for licensure.
Proof of employment must include the name and address of the current
and/or former employer, the length of time the applicant worked for
the current and/or former employer and the type of work the applicant
performed while working for the current and/or former employer. Proof
of employment may include, but is not limited to, letters from the
current and/or former employers evidencing experience in the applicant's
respective field, tax returns, W-2s, social security records and work
logs.
C.
Upon receipt of an application, the Secretary shall forward a copy
of the same to the Chairman of the Board.
D.
Board review. Upon receipt of an application to test for a license,
the Board shall review such application to ascertain whether or not
the applicant possesses the minimum qualifications necessary. At the
discretion of the Chairperson, a committee of Board members could
be convened to review and vote upon an individual's application before
being sent to the full Board for final review and vote. Once an affirmative
vote of a majority of the fixed Board has been made, the applicant
shall be permitted to take the licensing examination.
E.
Written examination.
(1)
Either the Board or an approved testing agency shall provide written
examinations. Should the Board administer the examination, it shall
be monitored by at least two members of the Board, who shall sign
their names to all parts of the applicant's examination. The date,
time and place of testing shall be determined by the Board or the
approved testing agency. The Board shall provide applicants with written
notice of testing dates. Results of every examination administered
under the provisions of this chapter shall be kept on file in accordance
with the Putnam County's document retention policies.
(2)
Passing grade. Applicants must receive a grade of 70% or higher on
the written examination to qualify for licensure or registration,
except for the NORA examination which requires a passing grade of
78% or higher. Applicants shall be notified of the results of their
written examinations within 30 business days after the date of the
examination. Activation of licensure within one year of passing the
exam is required.
(3)
If, during the three years after application approval, the applicant
wishes to retest, a reapplication fee must be submitted for each retest
(see Fee Schedule).The fee for the examination itself is separately
determined and handled by the testing entity.
(4)
If, after three years from application approval, the applicant has
not passed the examination, a new complete application and application
fee must be submitted to continue seeking licensure (see Fee Schedule).
The fee for the examination itself is separately determined and handled
by the testing entity.
F.
Fees. The fees for applications, licensing, renewal and other fees
provided for under the provisions of this chapter shall be proposed
by the Board and set by resolution of the Legislature. All fees collected
under the provisions of this chapter are nonrefundable.
G.
Exceptions to testing requirements. For possible examination/testing waiver, please see § 190-16, Reciprocity.
H.
Child support obligations. Under New York State General Obligations
Law § 3-503, all applicants for a license or renewal license
must complete a New York State Department of Labor Form GO 1, Appendix
to a License Application, regarding the applicant's child support
obligations.
A.
Issuance of license and/or registration. Upon payment of the appropriate
fee, the Board shall issue a license or registration to the approved
applicant, together with indicia of licensure or registration evidencing
the same (which shall remain the property of the County of Putnam).
Licenses and/or registrations shall be issued to individuals only.
B.
Term.
(1)
Each master tradesman license issued hereunder shall expire on the
next succeeding 31st day of December.
(2)
Each journeyman registration shall be issued for a two-year period
expiring on the second succeeding 30th day of June and shall be issued
upon the payment of a two-year fee. Thereafter, such journeyman's
registration shall expire on the 30th day of June of the licensed
term, unless otherwise notified.
C.
Renewals. Applications for renewal of a license or registration duly
issued under the provisions of this chapter shall be submitted to
the Secretary of the Board on the form prescribed by the Board prior
to the expiration date of the license and/or registration and shall
be accompanied by the appropriate licensing/registration fee. Upon
request by the Board, applicants for renewal must provide the Board
with such proof as may be necessary and appropriate to satisfy the
Board of the applicant's qualifications, competency and fitness to
carry on the trade for which he or she is licensed and/or registered.
D.
Late renewal. If application for renewal is not made within the time
prescribed herein, the Board, in its sole discretion, may nevertheless
renew the license and/or registration. In such event, before the Board
may issue a renewal, the licensee or registrant must pay the appropriate
late fee, as set by the Board and approved by the Legislature, in
addition to the licensing or registration fee.
E.
Suspension of renewal privileges. Failure to renew a license issued
under the provisions of this chapter within one year after expiration
thereof may result in the suspension of all renewal privileges hereunder.
Any person desiring a license after such suspension of privileges
shall be required to reapply for licensure in accordance with the
provisions of this chapter, including the payment of all applicable
fees and successful reexamination.
F.
Severance of business ties; notice to Board. Whenever a licensed
master tradesperson representing a plumbing or mechanical trades business,
which operates under a trade, partnership or corporate name, severs
his or her relationship with such business, it shall be the duty of
the licensee and the business to notify the Board of such action within
30 days from the date thereof. Failure to do so shall be deemed sufficient
cause for denying a new license and/or renewal thereof.
G.
Presentation on demand. All licensees and registrants shall be required
to present evidence of licensure or registration upon demand by the
Director and/or the Compliance Enforcement Officer(s). Failure to
do so shall constitute a violation of this chapter.
(1)
The licensee and his/her registered journeymen shall be issued an
identification card, to be provided by the Office of Consumer Affairs,
authorizing the individual to perform the work as indicated. The identification
card shall contain the name of the licensee, the license number and
the name of the employee. This identification card shall be carried
at all times and shall be produced upon request to the County inspector
or town building inspector and/or his/her designee within the geographical
area of such inspector's employment. A violation of this section shall
subject the licensee or registrant to a civil penalty as provided
for in this chapter.
(2)
Should a licensee or registrant be charged with a violation of § 190-10(G)(1)
for a worker not carrying identification, the licensee or registrant
shall have five County business days to produce the worker's identification
to the Office of Consumer Affairs for a reduction in the civil penalty.
In order to receive a reduction in the civil penalty, at the time
the identification is produced to the Office of Consumer Affairs,
the licensee or registrant shall present the payroll records of the
employee or evidence of the licensee's or registrant's payment to
the company that employs the worker found on the job site without
identification.
H.
Military service exception. In the event a licensee and/or registrant
is called to active duty in the United States military, his or her
license and/or registration shall be deemed "inactive status" during
the period of such active duty. Upon return from active duty and presentation
to the Board of proof of the dates of active duty, such license and/or
registration shall be reactivated effective the day after the last
date of active duty and credited for each day of active duty. This
exception shall be retroactive to account for any deployment occurring
after September 11, 2001.
[Amended 10-5-2021 by L.L. No. 10-2021]
A.
No person who is licensed as a master tradesperson pursuant to this
chapter shall hire any person to perform services of a journeyman
tradesperson in Putnam County unless such person has obtained a journeyman
tradesperson registration card under this chapter.
B.
A licensed master tradesperson shall respond to the Board's request
for information regarding the registered journeymen employed by the
licensed master tradesperson. The licensed master tradesperson must
provide the specific information requested by the Board within the
specific time frame of such request.
C.
A violation of this section shall subject such person to civil penalties
as provided for in this chapter, except that a master tradesperson
shall be responsible for any and all unregistered employees.
D.
This section shall not be construed to impose penalties upon an employee
of an unlicensed master tradesperson. Should an unlicensed master
tradesperson hire a journeyman tradesperson, the unlicensed master
tradesperson shall be penalized.
E.
No one person with a journeyman tradesperson registration shall hold
himself/herself out as a master tradesperson. If found guilty, he/she
will be subject to civil penalties and/or a suspension of journeyman
registration pursuant to a hearing as defined in this chapter.
[Amended 10-5-2021 by L.L. No. 10-2021]
A.
The Board shall have the power to suspend or revoke any duly issued
license, registration or renewal thereof upon a showing, made in accordance
with the rules and regulations of the Board and supported by substantial
evidence, that:
(1)
The licensee and/or registrant violated any provision of this
chapter, the rules and regulations of the Board, or any other law
or ordinance pertaining to plumbing or mechanical trades and that
relates to public health and safety; or
(2)
The licensee and/or registrant is unfit or incapable of performing
or engaging in the trade for which he or she is licensed and/or registered,
as evidenced by substantiated complaints and/or charges filed with
the Board against the licensee and/or registrant
B.
Prior to taking action to suspend or revoke a license or registration, the Board shall provide notice and conduct a hearing in accordance with the procedures set forth in § 190-22 of this chapter.
C.
In the event the Board suspends or revokes a license and/or registration issued hereunder, it shall set forth in writing the reasons supporting such determination and provide a copy of the same to the licensee and/or registrant within 10 days after the close of the hearing provided for in Subsection B.
D.
In the event that the Board suspends a license and/or registration
issued hereunder, said determination shall set forth the term of the
suspension.
E.
In the event that the Board revokes a license and/or registration
issued hereunder, the licensee and/or registrant shall return his
or her indicia of licensure or registration to the Board via certified
mail, return receipt requested. Such person shall not be eligible
to apply for relicensing and/or reregistration unless and until he
or she receives written authorization to reapply from the Board, and
only then after successful reexamination in accordance with the provisions
of this chapter.
The following acts are strictly prohibited:
A.
Abandonment or failure to perform, without justification, any contract
for plumbing or mechanical trades work or project engaged in or undertaken
by the contractor.
B.
Making any material misrepresentation in the procurement of a contract
for plumbing or mechanical trades work, or making any false promise
likely to influence, persuade or induce.
C.
Any fraud in the execution of or in the material alteration of a
contract for plumbing or mechanical trade work, or making any false
promise likely to influence, persuade or induce.
D.
Any fraud in the execution of or in the material alteration of any
contract, promissory note or other document incident to a contract
for plumbing or mechanical trades work.
E.
Making a false statement or providing false information in making
an application for license or registration, including duplicate or
renewal.
F.
Making a false statement or providing false information when responding
to the Board's request for information regarding registered journeymen
employed or formerly employed by the licensed master plumber or licensed
mechanical tradesperson.
G.
Demanding or receiving any payments prior to the signing of a contract
for plumbing or mechanical trades work.
H.
Directly or indirectly publishing any advertisement relating to plumbing
or mechanical trades work which contains an assertion, representation
or statement of fact which is false, deceptive or misleading.
I.
Violation of the building, sanitary and health laws of this state
or of any political or municipal subdivision thereof.
J.
Failure to notify the Board, in writing, of any change or control
in ownership, management or business name or location.
L.
Conducting a plumbing or mechanical trades business in any name other
than the one in which the contractor is registered.
M.
Failure to respond to the Board's request for information regarding
the registered journeymen employed or formerly employed by the licensed
master tradesperson.
N.
Failure to comply with any order, demand or requirement made by the
Director or Board pursuant to the various provisions of this chapter.
O.
Failure to list license number in any and all advertisements for
the licensed plumbing or mechanical trades business.
P.
Failure to maintain the proper insurance, surety license and permit bond, as required by § 190-25 hereof.
Q.
Any fraud in recommending the installation, repair or replacement
of any item the tradesman knew or should have known was not required.
R.
Work which is not consistent with New York State Building Codes,
local codes, reference standards or any other applicable codes.
S.
Installing, maintaining, fabricating, altering or repairing a hot-water,
low-pressure steam or hot-air furnace system without a license.
T.
A licensee's failure to register an employee with the Board.
No holder of a license or registration duly issued under the
provisions of this chapter shall, directly or indirectly, authorize,
consent to or permit the use of his or her license or registration
by or on behalf of any other person or business entity. A violation
of this section may result in a revocation hearing to determine whether
or not the license/registration will be suspended or terminated and
shall subject such licensee and/or registrant to civil penalties as
provided for in this chapter.
A.
The Board, with the approval of the County Executive, may waive the
examination requirements and issue a master tradesperson license to
any person holding an equivalent current and valid license issued
by other political subdivisions of the State of New York outside of
Putnam County, provided that, in the judgment of the Board, the qualifications
for such licenses by such other political subdivisions are substantially
similar to those required by or permitted pursuant to this chapter.
Furthermore, such political subdivision shall similarly issue a license
without examination to an individual with such qualifications licensed
in Putnam County, as evidenced by local law and/or resolution by such
political subdivision. Both Putnam County and the political subdivision
shall file these reciprocity agreements with their respective County
or Town Clerk. All other requirements for licensure provided for by
this chapter remain applicable to such persons. Such persons are subject
to all provisions of this chapter.
B.
Licenses issued pursuant to Subsection A may be renewed in accordance with the provisions of this chapter.
C.
Persons licensed in accordance with this subsection must at all times
retain their licensure from the conferring jurisdiction. Failure to
do so will result in a revocation hearing to determine whether or
not the Putnam County license will be terminated.
D.
Nothing in this subsection shall obviate the need for procuring any
permits for plumbing work otherwise required by local or state law,
rule or regulation.
A.
No person who has not qualified for and obtained a license or registration
card issued under the provisions of this chapter shall represent himself
or herself to the public, or engage in the work of a licensed master
tradesperson or a journeyman tradesperson in Putnam County.
B.
A violation of this section shall subject such person to civil and/or
criminal penalties as provided for in this chapter, except that a
master plumber shall be responsible for any and all unregistered employees.
A.
Each person issued a license or registration under this chapter will
be issued a written certificate of license or registration, a personal
identification card and a vehicle decal. The certificate and identification
card will contain the holder's name, Putnam County license or registration
number, and the expiration date thereof. All items so issued shall
be and remain the property of the County of Putnam.
B.
The certificate of license or registration must be conspicuously
displayed at the holder's place of business at all times.
C.
The personal identification card must be in the holder's possession
at all times while on a job site, and available for inspection.
D.
The vehicle bumper decal must be affixed to all vehicles owned, leased
or used by the license or registration holder in the performance of
his or her trade or business.
E.
All vehicles which are owned, leased or used in the name of a business
entity, the owners, principals and/or employees of which are subject
to the provisions of this chapter, must prominently display the business
name and Putnam County license or registration.
F.
All vehicles which are owned, leased or used in the name of a business
entity, the owners, principals and/or employees of which are subject
to the provisions of this chapter, must be duly registered with the
Board by providing proof of vehicle registration.
G.
Failure to comply in any manner with the provisions of this section
shall be a violation of this chapter and shall subject the license/registration
holder to the sanctions provided for herein.
H.
All County decals/registrations or ID must be removed upon sale of
any vehicle bearing same.
Upon written request by the licensee and/or registrant, a license
or registration may be shelved, subject to the following:
A.
The granting of a request for shelved status shall not be deemed
or otherwise considered a suspension of license or registration.
B.
The period of shelved status may be granted for a period of one year
at a time and must be renewed annually.
C.
The period of shelved status shall commence upon expiration of the
current year.
E.
A fee shall be assessed against the licensee or registrant during
any period of approved shelving status.
F.
Upon reactivation, the licensee or registrant shall be required to
pay the appropriate annual licensing fee regardless of the time remaining
in the calendar year.
G.
Any licensee or registrant of a shelved license who is found working
in Putnam County shall be deemed unlicensed/unregistered. He/she may
be subject to fines and penalties as provided for in this chapter
and shall permanently lose his/her eligibility to apply for a shelved
license or registration in the future.
H.
A licensee or registrant who is granted shelved status must complete,
prior to renewal, any applicable continuing education credit hours
that may be required during the period of time the license or registration
is shelved.
[Amended 10-5-2021 by L.L. No. 10-2021]
A.
For purposes of this section, a licensed master or journeyman tradesperson,
as defined in this chapter, shall be eligible to shelve his/her license/registration
while he/she is exclusively employed by:
B.
The request for shelved status hereunder shall be made annually to the Board in writing. Once the license/registration is shelved, the licensee/registrant shall surrender his/her plate, license/registration and remove decals from his/her vehicles, prior to activation of such shelving status. No holder of a shelved license/registration shall receive a copy or any other reproduction of such shelved license/registration. In no way shall approval of shelved status hereunder be deemed a suspension under § 190-10.2 above.
C.
A fee shall be assessed against the licensee and/or registrant during
any period of approved shelving. If a licensee/registrant activates
his/her license/registration at any time during the calendar year,
he/she will be responsible for the full year's fee. Fees will
not be prorated.
D.
Any holder of a shelved license or registration who is found working
outside his/her exclusive employment by Putnam County government,
a Putnam County town or village government or a school district within
Putnam County shall be deemed unlicensed/unregistered. He/she shall
be subject to fines and penalties as provided for in this chapter
and may permanently lose his/her eligibility to apply for a shelved
license in the future.
E.
A licensee or registrant who is granted shelved status must complete,
prior to renewal, any applicable continuing education credit hours
that may be required during the period of time the license or registration
is shelved.
[Amended 10-5-2021 by L.L. No. 10-2021]
A.
Neither licenses nor registrations may be issued in the name of a
corporate or business entity. In the case of a corporation, partnership,
limited partnership or joint venture, the individuals who are responsible
for the performance of work covered by this chapter on behalf of such
corporation, partnership, limited partnership or joint venture, whether
they be employees, officers, owners, or shareholders of the same,
must be individually licensed or registered in accordance with the
provisions of this chapter.
B.
Such licensed master plumber or licensed or registered tradesperson
shall be solely responsible for the proper supervision and layout
of any plumbing or mechanical trade work performed in the name of
such business entity. All performing work under such licensed master
plumber and/or licensed or registered tradesperson must be active
employees of such business entity.
C.
All such corporations, partnerships, limited partnerships or joint
ventures must file with the Board a registered copy of the applicable
business certification as is on file with the Clerk of the County
where such business entity maintains its principal place of business.
D.
Whenever a licensee/registrant who represents or is employed by a
business entity severs his/her relationship or employment with such
business entity, it shall be the responsibility of such person and
the business entity to provide the Board with written notice of such
action within 30 days after such separation. In such event, such business
entity shall provide the Board with proof that another duly licensed/registered
person is performing the actual work of the business. The failure
of the licensee/registrant or the business entity to provide such
notice and/or proof may be deemed sufficient cause to deny issuance
of a new license/registration.
A.
There shall be a Compliance Enforcement Officer(s) who shall report
directly to the Director.
B.
Powers and duties. The Compliance Enforcement Officer(s) shall have
the following powers and duties:
(1)
Investigations. Upon receipt of a complaint by any person alleging
a violation of this chapter, or on his or her own initiative based
on personal knowledge of a suspected violation, the Compliance Enforcement
Officer may conduct any independent investigation necessary to carry
out the provisions of this chapter. Pursuant to this power, the Compliance
Enforcement Officer may:
[Amended 10-5-2021 by L.L. No. 10-2021]
(a)
Appearance tickets. Issue appearance tickets to alleged violators
to compel their appearance before the Board. Such appearance tickets
shall be in a form prescribed by the Board.
(b)
Subpoenas. Make recommendations to the Board to subpoena the
appearance of witnesses to a duly held hearing and/or to compel the
production of any books, records or documents that he or she may deem
material and relevant for the proper prosecution of a violation.
(2)
Prosecutions. The Compliance Enforcement Officer shall be charged with the duty of presenting material and relevant evidence of alleged violation(s) of this chapter at a hearing duly convened by the Board in accordance with § 190-22 of this chapter. The Compliance Enforcement Officer shall designate an alternate to make the presentation to the Board in his/her absence. Such designated alternate shall not be a currently serving member of the Board.
A.
Suspension, revocation and civil fines. Following a hearing as provided
for herein, the Board shall have the power to revoke or suspend, for
such period as the Board may deem appropriate, any license or registration
issued under the provisions of this chapter, and/or assess and impose
civil fines as provided for herein, provided that a majority of the
Board is satisfied by substantial evidence that a person or the holder
of such license or registration has violated a provision of this chapter,
the rules and regulations of the Board, or any other law, regulation
or ordinance applicable to plumbing or related mechanical trades.
B.
Procedure for suspension, revocation and/or imposition of civil fines.
(1)
Notice of charges. Prior to revocation or suspension of a license
or registration and/or the assessment of any civil penalties as provided
for herein, the holder thereof shall receive, in writing, a notice
of charges that includes an appearance ticket and all of the particulars
of the alleged violation. Such notice shall be forwarded to the alleged
violator by the Compliance Enforcement Officer via registered or certified
mail with return receipt requested in addition to regular first-class
mail to the address provided and shall contain the following information:
(a)
The name and address of the alleged violator.
(b)
The specific section(s) of this chapter alleged to have been
violated.
(c)
A statement of the facts and circumstances supporting the charge(s).
(d)
The date, time and place where the alleged violator is summoned
to appear before the Board for a hearing on the alleged violation.
(e)
A statement advising the alleged violator that any answer to
the charges must be filed with the Board within 15 days of his or
her receipt thereof, as evidenced by the returned receipt of mailing
or evidence of mail delivery recovered from the United States Postal
Service website.
(f)
A statement of the possible penalties to be imposed in the event
the charges are proven to the Board by substantial evidence.
(g)
A statement advising the alleged violator that a default judgment
will be entered against him or her in the event he or she fails to
appear as directed.
(h)
A statement advising the alleged violator that he or she has
the right:
(2)
Hearing.
(a)
Timing. The hearing on any alleged violation of this chapter shall be held before the Board within 100 days of the date of the written notice provided for in Subsection B(1).
(b)
Adjournments. Any request for an adjournment must be made in writing and may be granted at the sole discretion of the Board or the Director of Consumer Affairs. Any granted adjournment shall nullify the 100-day period of § 190-22B(2)(a). Adjournment must be requested by 12:00 p.m. the day of the meeting. Once adjourned, the case will be recalendared and will not be heard until the new calendared date.
[Amended 3-6-2018 by L.L.
No. 5-2018]
(c)
Record. A stenographic or audio recording of the hearing shall
be made by the Board.
(d)
Rules of evidence. Compliance with the technical rules of evidence
shall not be required, but all evidence presented must be material
and relevant as determined by the presiding officer.
(e)
Presiding officer. The hearing shall be conducted by the Board
and shall be presided over by the Chairperson of the Board or, in
his or her absence, the Vice Chairperson or another Board member designated
by the Chairperson or Vice Chairperson.
(f)
Presentation of evidence in support of the charges. Evidence
of the alleged violation shall be presented to the Board by the issuing
Compliance Enforcement Officer, or his/her designee, who shall be
subject to questioning/cross-examination by the alleged violator or
his or her legal representative.
(g)
Burden of proof. The charges contained in the notice shall be
proven by substantial evidence.
(h)
Findings of fact and decision. Within 30 days from the submission
of all evidence and the close of the hearing, the Board shall issue
a written decision on the charges, setting forth therein:
[1]
Its findings of fact as determined by the evidence presented
at the hearing;
[2]
Its decision regarding the alleged violator's guilt or innocence
of the charges set forth in the notice of charges;
[3]
A statement of the reasons supporting its decision;
[4]
The penalty, if any, to be imposed, including any relevant effective
date(s) or periods of duration as determined by the Board; and
[5]
A statement regarding the right to challenge the Board's decision
pursuant to Article 78 of the New York Civil Practice Law and Rules.
(i)
Notice of decision. The Board shall immediately cause a written
copy of its findings of fact and decision to be delivered to the alleged
violator via registered or certified mail, return receipt requested.
(j)
Judicial review. The decision of the Board shall be subject
to judicial review in accordance with Article 78 of the New York Civil
Practice Law and Rules.
C.
Permissible penalties. The Board, following a determination that
the charges have been proven by substantial evidence, may impose the
following penalties:
(1)
Issuance of an official reprimand and warning letter, a copy of which
shall be retained by the Board and considered in connection with future
applications for licensure, registration and/or renewal.
(2)
Imposition of a civil penalty in an amount authorized by resolution
of the Putnam County Legislature, but not to exceed $5,000 for each
violation of this chapter.
(3)
Revocation/suspension. The Board, in its judgment as to the seriousness
of the charge(s), may suspend or revoke the license or registration
of any licensee or registrant who, at a duly called hearing, has been
found guilty by substantial evidence. Additionally, the Board may
suspend or revoke the license or registration of any licensee or registrant
who has been convicted of a crime by a court of competent jurisdiction
where there is a direct relationship between the crime and the specific
license/registration sought; or, if the issuance and/or holding of
the license/registration would involve an unreasonable risk to property
or to the safety or welfare of specific individuals or to the general
public.
D.
Litigation costs. In the event the County is required to institute
legal proceedings to collect any portion of a fine or penalty imposed
upon a person under this chapter, the County shall be entitled to
recover from the person any and all associated costs thereof, including
attorneys' fees and interest on any unpaid fine or penalty calculated
at the statutory rate.
The Board may refer any matter that it suspects may constitute
a criminal offense to the County Sheriff's office or to other appropriate
law enforcement authority for further review.
A.
In addition to any civil penalties that may be imposed pursuant to
this chapter, it shall be a Class A misdemeanor, as defined in New
York State Penal Law, punishable by a term of imprisonment not exceeding
one year and a fine not exceeding $1,000, to directly or indirectly
engage in or work at the business of master plumber or licensed or
certified mechanical tradesperson, as provided for herein, in the
County of Putnam without the applicable license or certificate or
while his or her license or certificate is suspended or revoked.
B.
This section shall be enforced by the Putnam County Sheriff's Department.
Arrests made pursuant to this section shall be made by a police officer
or a peace officer acting under his or her special duties.
Nothing set forth in this chapter shall subject the County of
Putnam, its officers, agents or employees, including the Board and
the Compliance Enforcement Officer, to any liability for damages arising
out of or related to the conduct of any person licensed by the County
of Putnam.
A.
Prior to the issuance of any license, registration, permit or renewal
thereof, the applicant must provide the Board with the following proofs
of insurance and bonding information, as follows:
B.
All insurance policies shall contain a provision of continued liability
and name Putnam County as an additional insured and certificate holder.
C.
All bonds shall contain a provision identifying Putnam County as
an obligee. Notwithstanding the foregoing, any payment issued on behalf
of a claim for an aggrieved individual or company shall be paid directly
to said individual or company by the bond company.
D.
Any licensed or registered contractor who has completed the appropriate
no employee affidavit (Form CE 200) and is found in violation of the
workers' compensation waiver shall be subjected to a civil penalty
as provided for in this chapter.
The provisions of this chapter are intended for the protection
of an owner and shall not be subject to waiver by an owner in a contract
for plumbing or mechanical trades work or otherwise.
If any part or provision of this chapter or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
chapter or the application thereof to other persons or circumstances.
The County of Putnam hereby declares that it would have passed this
chapter or the remainder thereof had such invalid application or invalid
provision been apparent.
All ordinances, local laws and parts thereof inconsistent with
this chapter are hereby repealed; provided, however, that such repeal
shall not affect or impair any act done or right accruing, accrued
or acquired, or penalty, charge, liability, forfeiture or punishment
incurred or owing prior to the time such repeal takes effect, but
the same may be enjoyed, asserted, collected, enforced, prosecuted
or inflicted as fully and to the same extent as if such repeal had
not been effected. All actions and proceedings, civil or criminal,
commenced under or by virtue of any provision of any County of Putnam
local law, ordinance or resolution so repealed, and pending immediately
prior to the taking effect of such repeal, may be prosecuted and defended
to final effect in the same manner as they might if such provisions
were not so repealed.
