It shall be unlawful for any person to work
as an employing or master plumber unless he or she is the holder in
good standing of a license duly issued pursuant to the provisions
of this Article. The Town Board may provide, by ordinance, for the
licensing and otherwise regulating the doing of plumbing; however,
employees of public service corporations shall not be required to
have a license while engaged in the work of such corporations. The
Town Board shall establish uniform fees for the issuance of such licenses
and may require applicants to supply, under affidavit, such information
as the Town Board may require concerning the qualifications of such
applicants.
[Amended 1-21-2004 by L.L. No. 1-2004; 9-22-2004 by L.L. No.
18-2004; 3-14-2018 by L.L. No. 4-2018; 8-16-2023 by L.L. No. 10-2023]
No holder of a license issued under this chapter shall authorize,
consent to or permit the use of his, her or its license by or on behalf
of any other person or entity; provided, however, that nothing herein
contained shall be construed to prohibit the use of a license by the
holder thereof for or on behalf of one other partnership, corporation,
limited-liability company or other for-profit or not-for-profit entity
("Entity") if the holder of the license is an officer of such Entity
and all work performed by such Entity is performed by or under the
direct and continuing supervision of such license holder or holders,
or for a second Entity if the holder is an officer of it, has a 51%
ownership interest in it, and all work is performed by or under the
direct and continuing supervision of such license holder or holders.
All applicants applying for a master plumber's
license under this section shall be citizens of the United States,
proficient in reading and writing the English language and shall submit
satisfactory proof establishing that the applicant has had at least
10 years' prior experience in the design and/or installation as a
journeyman plumber of plumbing systems in the United States; except
that three years' experience in the plumbing industry shall be sufficient,
together with a technical degree in engineering from a college or
university approved by the Regents of the State of New York. Any of
the above qualifications may be waived by a recommendation from any
member of the Plumbing Board to the Town Board and a two-thirds (2/3)
majority of the voting Board members.
[Amended 3-19-1997 by L.L. No. 8-1997]
A.
Any license required under the provisions of this article shall, as provided by § 138 of the Town Law, be issued by the administrative authority. Upon receipt of proof that an applicant comes within the qualifications set forth in § 154-25 and the license fee therefor is paid, the administrative authority shall issue a plumbing license to the applicant, except that the administrative authority may refuse a plumbing license to any person who, in the reasonable exercise of his or her judgment, shall be an undesirable person or incapable of properly conducting such trade. However, any applicant who has been refused a plumber's license may apply to the Town Board therefor, and the same may be granted or refused by the Town Board, except as prohibited in this section. After a public hearing thereon at which the licensee shall have an opportunity to be heard, the Town Board may revoke any license issued under the authority of this section to any applicant whom the Town Board shall determine to be an undesirable person or incapable of properly conducting the trade or business of plumbing. The granting, refusal or revocation of such a license by the Town Board shall be subject to review under Article 78 of the Civil Practice Law and Rules.
B.
A plumber who receives a license pursuant to this
chapter must provide the administrative authority with a certificate
of insurance that includes workers' compensation insurance as required
by New York State law and liability insurance in an amount not less
than $1,000,000. Should the certificate of insurance provided in connection
with the license granted pursuant to this chapter expire, without
further proof of insurance being provided to the administrative authority,
then the license shall be revoked immediately.
C.
Reciprocal licenses. If a municipality outside the
Town of Poughkeepsie heretofore issued a license to an individual
or corporation doing plumbing business, then the Town of Poughkeepsie
will issue a similar license, provided that the other municipality
issues licenses pursuant to the same test and criteria utilized by
the Town of Poughkeepsie and offers similar provisions of reciprocity
to individuals issued licenses by the Town of Poughkeepsie, and provided
further that said individual applying for a license under this provision
must have 10 years of certified or certifiable experience, verifiable
by social security records, which in the judgment of the Plumbing
Board is comparable to the requirements of an applicant seeking a
Town license under the general provisions of this code.
[Added 12-14-2005 by L.L. No. 18-2005]
D.
Special permits.
[Added 12-14-2005 by L.L. No. 18-2008; amended 6-4-2014 by L.L. No.
6-2014]
(1)
The Town of Poughkeepsie Plumbing Board may in its discretion issue
a permit to an individual or corporation who is not licensed by the
Town of Poughkeepsie Plumbing Board for a specific project twice a
year at a cost equal to the licensing and testing fee, per permit,
provided that the applicant is licensed by another municipality that
has a comparable test or licensing requirements and said municipality
offers a similar reciprocal program for licensees of the Town of Poughkeepsie.
It is within the sole and absolute discretion of the Town of Poughkeepsie
Plumbing Board to insure that the criteria of the licensing community
or municipality is the same as the Town of Poughkeepsie.
(2)
Notwithstanding anything in this chapter to the contrary, the Building
Inspector may in his or her discretion issue a permit to an individual,
partnership or corporation who is not licensed by the Town of Poughkeepsie
Plumbing Board for a specific project for a public corporation or
for a district or corporation created by the State Legislature once
a year at a cost equal to the licensing and testing fees, provided
that the applicant is licensed by another municipality in the State
of New York and the applicant meets the experience requirements for
a plumbing license in the Town of Poughkeepsie. An appeal from the
denial of a special permit under this subsection may be taken to the
Town Board within 45 days of the mailing of an adverse decision by
the Building Inspector.
E.
Identification card.
[Amended 11-28-2007 by L.L. No. 28-2007; 6-6-2012 by L.L. No. 11-2012]
(1)
The
Town of Poughkeepsie Plumbing Board does hereby require that all plumbers
licensed pursuant to the provisions of this Code, and their employees,
shall carry with them at all times when working in the Town a picture
identification card prepared by the Town of Poughkeepsie Plumbing
Department. Licensed plumbers and their employee plumbers shall apply
for picture identification cards at the time that a plumber’s
license is first applied for or a renewal application is next submitted
after the effective date of this subsection, and thereafter for new
employees before they begin work in the Town. The cost of said picture
identification cards shall be set by the Town Board.
(2)
Presentation
on demand. All plumbers licensed pursuant to the provision of this
Code and their employees shall be required to present their identification
card upon demand to any Town of Poughkeepsie Code Enforcement Officer.
(3)
Licensed
plumbers shall maintain a current list of their employees with the
Town of Poughkeepsie Plumbing Department. When a plumbing license
is shelved or expires, or when a plumber is no longer employed, the
licensed plumber shall surrender the card(s) to the Plumbing Department.
(4)
Licensed
plumbers are responsible for compliance with this section by themselves
and their employees, and employees are responsible for their compliance.
[Amended 10-21-2015 by L.L. No. 20-2015]
A person desiring or intending to conduct the
trade, business or calling of plumbing as set forth in this article
shall be required to submit to an examination as determined by the
Building Inspector as to his or her experience and qualifications
for such trade, business or calling.
The administrative authority shall charge and
collect from any person applying for a plumber's license any application
fee, and all moneys so collected shall be paid over by the administrative
authority as the Town Board may direct.
[Amended 5-23-2012 by L.L. No. 6-2012]
All licenses issued pursuant to this article shall expire on the last day of February and shall be renewed by application to the administrative authority and payment of the fee which is listed in Chapter 105, Fees, prior to expiration.
[Amended 5-23-2012 by L.L. No. 6-2012]
A.
A reexamination
will be required in the event that a plumber allows his or her license
to expire and he or she wishes to continue in the business of plumbing.
B.
Late renewal.
If application for renewal is not made within time prescribed herein,
the Plumbing Board, in its sole discretion, may nevertheless renew
the plumbing license in accordance with the Board’s rules and
regulations. In such event, before the Board issues a renewal, the
licensee must pay a penalty equal to the initial license renewal fee
as set by the Plumbing Board and approved by the Town Board. This
penalty shall be assessed against the licensee and shall be paid in
full with the renewal fee prior to the issuance of a plumbing license
renewal.
[Amended 11-15-2006 by L.L. No. 30-2006; 12-16-2009 by L.L. No.
42-2009]
A.
The administrative authority is authorized to prepare and administer an examination for any homeowner who seeks a plumbing permit to perform work within the dwelling on his or her own property under the circumstances as described in § 154-4 of the Town Code, which established the need for the permit. The purpose of the examination is to enable the administrative authority to assess the capability of the individual to deter abuse of this privilege. The terms of this provision are applicable only to residential properties owned and occupied as the homeowner's principal residence and shall not be construed or interpreted as authorizing any work by a nonlicensed plumber between the water main and the house, and such activity is expressly prohibited.
B.
In precedence over any other sections or provisions of Town Code,
the Town Board duly recognizes a homeowner's right to make basic indoor
plumbing repairs (as noted below) without requirement of payment of
fees of any kind, and without requirement to obtain a Town permit
of any kind, within premises such homeowner owns and occupies.
C.
Basic indoor plumbing repairs include replacement of, and/or replacement
or repair of components of, showers, bathtubs, toilets, sinks, drains,
faucets and associated piping, within 12 inches of the fixture.
[Added 6-20-2012 by L.L. No. 12-2012]
A licensed plumber may make a request in writing to the Plumbing
Board to shelve his license. The Board may grant such a request subject
to the following:
A.
The
licensee shall surrender his license to the Board;
B.
The
granting of a request for shelved status shall not be deemed or otherwise
considered a suspension of license;
C.
The
period of shelved status will be for a period of one year;
D.
On the
last day of February of each year of shelved status, the licensed
plumber must either:
(1)
Submit a written request (with a fee of $50[1]) for an extension of shelved status, which may be granted
at the discretion of the Board; or
[1]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
(2)
Submit a written request that the license status be reactivated,
which request shall be granted by the Plumbing Board without further
testing or qualification.
E.
Upon
reactivation, the licensed plumber shall be required to pay the appropriate
annual licensing fee regardless of the time remaining in the calendar
year.
F.
Any
licensed plumber who has shelved his license and is found working
in the Town of Poughkeepsie shall be deemed unlicensed and shall be
subject to fines and penalties as provided for by the Plumbing Board/Town
Board.
