[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.
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.
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.
