[HISTORY: Adopted by the Town Board of the
Town of Islip 1-31-1967. Amendments noted where applicable.]
For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein. When not inconsistent with the context, words used in
the present tense include the future; words in the plural number include
the singular number; and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely
directory.
Includes all kinds of vocations, occupations, professions,
enterprises, establishments and all other kinds of activities and
matters, together with all devices, machines, vehicles and appurtenances
used therein, any of which are conducted for private profit or benefit,
either directly or indirectly.
Includes, respectively, the words "permit" or "permittee,"
or the holder for any use or period of time of any similar privilege,
wherever relevant to any provision of this chapter or other law or
ordinance.
Includes individual natural persons, partnerships, joint
adventures, societies, associations, clubs, trustees, trusts or corporations;
or any officers, agents, employees, factors or any kind of personal
representatives of any thereof, in any capacity, acting either for
himself or for any other persons under either personal appointment
or pursuant to law.
A person engaged, by contract or otherwise, in any other
capacity than an employee of a duly licensed master plumber, in the
work of installing, setting up or putting together any plumbing fixtures.
The profession, art or trade of, and all work done and all
materials used in and for:
Introducing, maintaining and extending a supply
of water through a pipe or pipes or any appurtenances thereof in a
building, premises or establishment.
Installing, connecting or repairing any system
of drainage whereby foul waste, cooling water, rain or surplus water,
gas odor, vapor or fluid is discharged or proposed to be discharged
through a pipe or pipes from any building, lot, premises or establishment
into any main public sewer, drain, pit, box, filter bed, leaching
well, septic tank or other receptacle.
[Amended 11-6-1969]
Ventilating any building sewer or fixture or
appurtenance connected therewith.
Connecting any building, lot, premises or establishment
with any service pipe, building sewer, water pipe, main, public or
private sewer or underground structure; and performing all classes
of work generally done by plumbers.
A.
It shall be unlawful for any person, either directly
or indirectly, to install, repair, alter or modify any plumbing or
heating system or fixtures, or to conduct a business of plumbing within
the Town of Islip, without a plumber's license being first procured
and kept in effect pursuant to this chapter.
[Amended 11-6-1969]
B.
A plumber's license shall be issued by the Islip Town
Plumbers' Examining Board to any individual natural person who has
made application to and been examined by said Board and has been found
to be duly qualified.
[Amended 8-3-1976]
C.
No other business form included in the definition of the word "person" in § 40-1 hereof shall be qualified to engage in plumbing unless one or more shareholders, partners or other beneficial owners thereof shall be the holder of a Town of Islip plumber's license and actually own shares, have an interest in or be a beneficial owner of, as the case may be, such business form, amounting to no less than 51% thereof.
D.
It shall be unlawful for any person to engage in the
plumbing business by using, directly or indirectly, a license issued
to any other person.
E.
It shall be unlawful for any person holding a license
to use or permit the use of such license, directly or indirectly,
for the benefit of any unlicensed person.
F.
It shall be unlawful for any person to represent as
a plumber, master plumber or plumbing contractor, on signs, cards,
stationery, vehicles, 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 has complied with this chapter and holds a license
issued pursuant thereto.
G.
It shall be unlawful for any person to use a vehicle
in the Town of Islip in connection with plumbing unless the exterior
of such vehicle shall have clearly exhibited on it the license number
of a license issued pursuant to this chapter and the name and address
of the licensee.
Applicants for a plumbing license shall:
A.
Submit on a form provided for such purpose an application
for a plumber's license to the Islip Town Plumbers' Examining Board.
The application shall include such information which the Board believes
reasonably necessary to the fair administration of this chapter.
[Amended 8-3-1976]
C.
Submit two recent photographs of the applicant, measuring
approximately 1 1/2 square inches, taken within the past 30 days.
D.
Submit satisfactory proof that he has been a journeyman
plumber with at least seven years' experience and that there is no
uncorrected violation existing against his prior work.
[Amended 6-7-2016]
E.
Submit to examination by the Plumbers' Examining Board
as hereinafter provided.
A.
A Plumbers' Examining Board is hereby established,
consisting of seven members appointed by the Town Board, one of whom
shall be designated by the Town Board as Chairman. The terms of members
shall be at the discretion of the Town Board. The service of any member
may be terminated for good and sufficient cause by the Town Board
at any time. In the event of a vacancy, the Town Board shall make
an appointment for the unexpired balance of the term involved. A member
shall continue to serve until the expiration of the term or until
such time as the Town Board appoints a successor. Members shall receive
such compensation as may be determined by the Town Board.
[Amended 11-6-1969]
B.
The Plumbers' Examining Board shall pass upon the
qualifications of an applicant, and prepare, conduct and grade the
examination of each applicant after receiving an application in proper
form. The Board shall meet monthly or as often as is deemed necessary
in the opinion of the Chairman or a majority of the Board.
[Amended 11-6-1969]
Except as hereinafter provided, an applicant
will be examined by answering questions, written, oral and practical,
to ascertain whether the applicant has sufficient knowledge and technical
ability to perform or supervise the installation, alteration, modification
and repair of plumbing and heating equipment. Within 60 days after
the enactment of this chapter, the Plumbers' Examining Board may waive
the written part of the examination of the applicant whose knowledge
and technical ability are established to the satisfaction of the Board.
A.
An applicant who has not held a plumbing license for
at least one year continuously prior to the date of the application
for the license but who has been found to be duly qualified by the
Plumbers' Examining Board shall be certified and issued a new plumber's
license upon payment by the applicant of the licensing fee. A new
license issued hereunder shall remain in force and effect, unless
suspended or revoked, for a minimum of 12 months and a maximum of
36 months from the date of issuance at the discretion of the Building
Director.
B.
Renewal. Upon expiration of a license, a renewal license
shall be issued, upon application and payment of the license fee,
where the plumber has held a plumbing license continuously for a least
one year prior to the date of the application for the renewal license.
The period of renewal licenses shall be as follows:
[1]
Editor's Note: The effective date of this
chapter is 1-3-1981.
[1]
Editor's Note: Former § 40-7, Bond,
was repealed 11-18-2008.
Every plumbing license holder shall file with the Building Division
of the Town of Islip (Plumbers' Examining Board) a certificate
of liability insurance covering her or himself or the corporation
or company operating under such plumbing license, in the amounts of
public liability, $1,000,000 for each person, $1,000,000 for each
accident, and property damage, $1,000,000 for each accident, providing
coverage for liability arising out of plumbing operations conducted
in the Town of Islip. Said policy shall remain in full force and effect
throughout the period for which said plumbing license holder shall
be licensed. Said certificate of insurance shall contain a clause
stating that, in the event the policy which it certifies shall be
canceled, 10 days' notice thereof shall be given, by registered
or certified mail, to the Plumbers' Examining Board of the Town
of Islip.
[Added 8-3-1976[1]]
A.
It shall be unlawful for any person to change, alter
or modify sanitary wastes, vents or potable water supply lines, including
new construction, modifications or alterations to a dwelling, unless
all necessary permits are first obtained. Such required permits shall
be issued to a Town of Islip licensed plumber only, and all work allowed
by virtue of such permits must be performed by the licensed plumber
to whom the permits are issued or under his supervision.
B.
All new construction requiring a plumbing permit may
be performed by a Town of Islip licensed plumber only after obtaining
all required permits.
[Amended 8-3-1976]
A.
The Plumbers' Examining Board of the Town of Islip
may, after determining that a municipality maintains a standard of
licensing plumbers equivalent to that maintained in the Town of Islip,
enter into a written reciprocal agreement with such municipality wherein
each party shall waive examination of a plumber holding a license
and certificate of competency from the other party, but such agreement
shall not have any effect on any fees charged by the Plumbers' Examining
Board of the Town of Islip.
B.
When any applicant for a Town of Islip plumbing license maintains either his residence or principal place of business in a municipality by which he is licensed and certified competent, and such municipality has entered into a reciprocal agreement with the Plumbers' Examining Board of the Town of Islip, then the examination required in § 40-5 hereof shall be waived.
C.
Such applicant shall furnish a photostatic copy of
his certificate of competency, together with a letter of good standing
issued by such municipality, setting forth the fact that such applicant
does maintain either his principal place of business or residence
within such municipality.
D.
Such applicant shall receive a card or registration
only. A resident of the Town of Islip having his principal place of
business in the Town of Islip, who holds a master plumber's license
from a municipality which shall have entered into a reciprocal agreement
with the Plumbers' Examining Board of the Town of Islip, may be licensed
with the examination waived, but the fee paid shall be the same as
for those requiring examination by the Plumbers' Examining Board.
No certificate of competency shall be issued to any applicant unless
he has been examined by the Plumbers' Examining Board of the Town
of Islip.
E.
Such individual natural person shall be certified by the Town of Islip Plumbers' Examining Board pursuant to § 40-6 herein and, upon filing an application for a license and payment of the necessary fees, application and license, and posting of a bond, shall be issued a plumber's license without examination. Such license shall be effective only during the period when the other municipality maintains its common agreement with the Town of Islip.
A.
The Plumbers' Examining Board shall not recommend
the suspension or revocation of a license granted herein to the Town
Board without holding a hearing thereon.
B.
The licensee shall receive at least 10 days' notice,
stating the name and address of the licensee concerned and the subject
matter of the hearing, by mailing a copy thereof to the licensee concerned
at the last address shown upon the most recent application of such
licensee.
C.
Upon such hearing, the licensee involved shall be
entitled to be represented by legal counsel and to present such competent
and material testimony or other evidence in his own behalf as may
be relevant to the subject matter of the hearing.
D.
The Plumbers' Examining Board shall, for such purpose,
keep a record of the testimony.
E.
All witnesses shall be sworn and examined under oath.
F.
Within a reasonable time after said hearing, the Plumbers'
Examining Board shall issue written findings and render a written
opinion, which shall be submitted to the Town Board, together with
its written recommendation. The licensee shall receive a copy of the
findings, opinion and recommendation.
A plumber's license issued hereunder may be
suspended or revoked by the Town Board if the licensee thereof shall
have violated any provision of the Town of Islip Plumbing Code[2] or any other ordinance, law or code related to the performance
of licensee duties as a plumber.
[2]
Editor's Note: By resolution adopted 5-26-1953,
the Town Board accepted the applicability of the State Building Construction
Code, which includes as a part thereof the State Building Construction
Code applicable to plumbing.
[Added 11-6-1969]
A.
Types of limited licenses.
(1)
Air conditioning and refrigeration. The license permits
only the installation of all air-conditioning and refrigeration equipment
and water connections to these units only.
(2)
Heating. The license permits the installation of furnaces,
burners, boilers and radiation oil tanks of gas supply and all component
parts and piping, including water piping within a radius of six feet
of boiler.
(3)
Well drillers. The license permits only the drilling
of the well, piping into pneumatic tanks and hooking up water pumps
and tanks and does not permit any water piping within the building.
(4)
Electric sewer cleaning. The license permits only
the cleaning of waste lines and removal of sections of same in order
to complete service. This does not permit any alteration of any existing
drainage system.
(5)
Gas tank installers. The license permits the installation
of storage tanks for gasoline and similar liquids, both above and
below the ground.
(6)
Sprinkler system installers. The license includes
lawn sprinklers and fire-protection sprinklers.
[Added 8-25-1970]
(7)
Swimming pool installers. The license includes both
in-ground and aboveground pools.
[Added 8-25-1970]
[Amended 1-6-1987; 8-11-2009]
The violation of any provision of this chapter
shall be an offense which shall be punishable by a fine of not more
than $2,500 and for each subsequent offense by a fine of not less
than $500 nor more than $5,000 or by imprisonment for a period of
not less than 30 days, or by both fine and imprisonment, in the discretion
of the court.
This chapter shall not be construed to relieve
from nor lessen the responsibility of any person owning, operating,
controlling or installing any plumbing and heating devices, appliances
or equipment for loss of life or damage to person or property caused
by any defect therein, nor shall the Town be deemed to have assumed
such liability by reason of any license issued.
The imposition of the penalties herein provided
shall not preclude the Town Attorney from instituting any appropriate
action or proceeding to prevent an unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use,
or to restrain, correct or abate a continued violation, or to prevent
any further illegal acts or use of any such premises.
