[Amended 11-7-1970; 4-7-1976 by L.L. No. 15-1976; 9-1-1981; 3-16-1982; 6-15-1982; 1-20-1987; 4-4-1989; 11-24-1992 by L.L. No. 10-1992; 4-11-1995 by L.L. No. 11-1995; 9-9-1997 by L.L. No. 14-1997; 7-20-1999 by L.L. No. 15-1999; 2-22-2000 by L.L. No. 2-2000; 6-6-2000 by L.L. No. 13-2000; 6-30-2000 by L.L. No. 16-2000; 6-18-2002 by L.L. No. 16-2002]
A. 
There shall be a Plumbers' Examining Board for the Town, which shall consist of a Chairperson and six members, all of whom shall be licensed master plumbers licensed by the Town.
[Amended 4-11-2007 by L.L. No. 7-2007; 1-6-2016 by L.L. No. 1-2016]
B. 
Each member of the Plumbers' Examining Board, including the Chairperson, shall be duly appointed by the Town Board and shall serve for a five-year term.
C. 
The Chairperson of the Plumbers' Examining Board shall be the chief executive officer, who shall call and preside over all meetings, hearings and examinations.
D. 
Any member of the Plumbers' Examining Board may be removed by the Town Board for cause after an opportunity to be heard. A statement of cause of his removal shall be filed by the Town Board in the office of the Town Clerk.
E. 
The members of the Plumbers' Examining Board, including the Chairperson, shall receive compensation as set by the Town Board.
F. 
The Plumbers' Examining Board shall make rules and regulations for the conduct of its business as an examining board.
[Amended 5-9-2006 by L.L. No. 13-2006]
A. 
The Town Board hereby grants licensing authority to the Plumbers' Examining Board, which shall examine each applicant for a license to determine his qualifications under this article and shall recommend to the Town Clerk that a license be issued to each applicant who passes and qualifies at such examination.
B. 
Any person desiring a master plumber's license or a restricted master plumber's license shall make application in writing on an approved form. The filing and examination fee shall be as determined from time to time by Town Board resolution, and the application shall be accompanied by two recent photographs of the applicant, size 1 1/2 inches by 1 1/2 inches.
C. 
The Plumbers' Examining Board shall arrange, conduct and grade the examination of each applicant for a master plumber or restricted master plumber's license as soon as possible after the application is filed. After grading the examination of an applicant for a master plumber's or restricted master plumber's license, the Plumbers' Examining Board shall advise the applicant of his passing or failing the examination.
D. 
As a condition precedent to taking an examination for a master plumber, the applicant must prove to the satisfaction of the Plumbers' Examining Board that he is a journeyman plumber of at least seven years' experience; that there is no uncorrected violation existing against his prior work; and that there is no unsatisfied civil judgment relating to his work as a plumber against him.
E. 
As a condition precedent to taking an examination for a restricted plumber’s license, the applicant must prove to the satisfaction of the Plumber’s Examining Board that he is a plumber of at least five years’ experience in the area that he seeks the restricted license; that there is no uncorrected violation existing against his prior work; and that there is no unsatisfied civil judgment against him relating to his work as a plumber.
F. 
An applicant shall have the right, upon payment of the proper fee, to retake the examination provided for herein after the passage of 60 days from the notice of refusal to issue a license or failure to pass the examination.
G. 
An applicant who has failed an examination provided for herein or who has been refused a license hereunder shall have the right to appear before the Town Board to appeal said failure or refusal.
H. 
The Plumbers' Examining Board shall have the right to waive a formal examination where, in its discretion and after review of an applicant's qualifications, it believes that the applicant is a qualified and competent plumber.
A. 
If an applicant is deemed duly qualified by the Plumbers' Examining Board and has paid all his filing and examination fees, there is no uncorrected violation against his prior work, and there is no unsatisfied civil judgment against him for his work as a plumber, he shall be granted a license. A license shall be issued for a period of three years.
B. 
All new plumber's licenses applicants shall be issued a license with a license period and expiration date consistent with the existing license period and expiration date.
C. 
Any plumber who fails to timely renew his/her plumbing license under this code shall be subject to a late filing fee of $100, in addition to and above the annual licensing fee.
D. 
Any plumber who fails to renew his/her plumbing license under this code within one year of its expiration must take a new examination according to the requirements outlined in § 170-51 and other applicable sections of the code.
E. 
A license granted under the provisions of this article shall be in force until it expires on July 1, unless suspended sooner or revoked.
F. 
Any plumber found to be working in the Town of Babylon with an expired license shall be fined an amount equal to the amount of two times the licensing fee as established herein from the date of expiration to the date of renewal, in addition to any late renewal fees or other fines now or hereafter established.
G. 
The Town Clerk of the Town of Babylon, for good cause shown, shall have the authority to extend the validity of a plumber's license for a period of 60 days.
[Added 6-17-2003 by L.L. No. 9-2003]
A. 
The annual fee for a master plumber or restricted master plumber's license shall be as determined by resolution of the Town Board.
B. 
The fee for a master plumber or restricted master plumber's license issued under the provisions of this article shall be prorated on a monthly basis.
A. 
Every master plumber or restricted master plumber shall file with the Town as a condition precedent to receiving his/her license:
(1) 
A policy of liability and property insurance naming the Town of Babylon as an additional insured in the minimum amount of $1,000,000 personal injury liability and $1,000,000 property damage liability, indemnifying and naming harmless the Town and/or its department, its employees, agents or servants of and from all damages or claims from damage to a public sewer, water service main or water pipe; to a highway or the surface thereto; to public or private property; and any or all other work which shall be undertaken by the master plumber to any person or property arising from unlawful or negligent acts of commission or omission of said master plumber, its agents, employees or servants or persons operating under the direction of the master plumber under the authority of his/her license. This insurance shall further indemnify the Town for any damages to any other municipal facility in making connections with a public sewer, in opening a public sewer or in making an opening or excavation in a public highway or in maintaining, guarding, refilling or working in or about such openings or excavations or in maintaining or guarding objects or materials taken from such opening or excavation or used in connection therewith. No bond shall be required by the Town as a prerequisite for a master plumber to receive his license from the Town.
(2) 
New York State workers' compensation (if required by New York State law).
(3) 
New York State disability benefits (if required by New York State law).
B. 
The applicant's insurance company will be required to have a Best rating of A-10 or better and be licensed by the State of New York. Said insurance policies shall remain in full force and effect for the duration of the plumber's license, and the policy shall provide that written notice of cancellation or amendment of said policy must be presented to the Town 10 days prior to such cancellation or amendment becoming effective.
C. 
The cancellation, suspension or lapse of said master plumber's insurance and/or the failure to name the Town as an additional insured shall mean an automatic suspension of the master plumber's license previously granted. When the Town has received written proof that the mandatory insurance has been reinstated by the master plumber, then the license issued to the master plumber shall likewise be reinstated.
[Amended 6-8-2016 by L.L. No. 8-2016; 9-4-2019 by L.L. No. 5-2019]
A partnership or corporation may establish, engage in or carry on the business of plumbing under a master plumber's license or restricted plumber's license granted in accordance with the provisions of this article to a plumber who is a significant stockholder in such business, holds an office in that business and is in financial control and responsible for the carrying on of such business in accordance with the provisions of the laws, ordinances and regulations of the state, county and Town applicable to said business.
No master plumber shall, directly or indirectly, allow his license to be used in connection with work not actually performed by him directly or under his immediate supervision.
A duly licensed plumber of the Town may file an affidavit testifying to the fact that he has replaced another plumber on a particular job. Such affidavit shall in no way affect the rights of any third party.
Whenever a licensed master plumber or restricted master plumber shall retire or change his/her home or business address from the place named in his/her application, he/she shall give the Plumbers' Examining Board, the Town Division of Building in the Department of Planning and Development and the Town Clerk written notice of such change and shall also state his/her new address.
All plumbing vehicles utilized by a master plumber in the operation of his business must display the name, address and license number of the plumbing firm or business on both sides of the vehicle. The minimum size of the letters shall be two inches in height.
[Amended 10-6-2009 by L.L. No. 21-2009]
A. 
Notwithstanding anything herein contained to the contrary, a person may engage in any of the businesses or occupations described below within the Town, provided that he shall first have obtained a license known and designated as a "restricted plumber's license for (designated occupation)" from the Plumbers' Examining Board.
B. 
The plumbing work permitted under a restricted plumber's license is limited to the plumbing work necessary and solely related to the operation, installation, maintenance and repair of the equipment associated with the field for which the restricted plumber's license is specifically issued. Modifications to existing plumbing systems are permitted, provided that such modifications are no more than 10 feet from the equipment being installed, maintained or repaired unless specified under specific occupation or business license in Subsection C. All plumbing work within this license classification must conform to the applicable standards of the Town of Babylon or to the New York State Plumbing Code.
C. 
The occupations or businesses for which a restricted plumber's license shall be issued are as follows:
(1) 
Fire sprinkler systems: limited to the installation of fire sprinkler systems, necessary appurtenances thereto and such piping necessary to bring water to the system.
(2) 
Heating: limited to the installation of furnaces, burners, boilers and radiation oil tanks and all component parts and piping, including water piping within a radius of six feet of a boiler.
(3) 
Air conditioning and refrigeration: limited to the installation of all air-conditioning and refrigeration equipment and water connections to those units only.
(4) 
Electric sewer cleaning: limited to the cleaning of waste lines and removal of such sections of same in order to complete service. This does not permit any alteration of any existing drainage.
(5) 
Gas tank installers: limited to the installation of storage tanks for gasoline, propane and similar fuels both above and underground.
(6) 
Underground sprinkler systems: limited to the installation of underground sprinkler systems for landscaping purposes.
(7) 
Air conditioning and heating: limited to the installation of all air-conditioning equipment and water connections to those units only, as well as the installation of furnaces, burners, boilers and radiation oil tanks or gas supply and all component parts and piping, including water piping within a radius of six feet of a boiler.
(8) 
LP gas: limited to the installation, repair, alteration, maintenance or erection of piping and apparatuses in connection with LP gas burning equipment. An LP gas licensee may perform the following acts: furnish and/or install, repair, maintain, alter or erect LP gas burning equipment and components which include LP gas storage tanks, LP gas piping, LP gas burner equipment and all other LP gas appurtenances. An LP licensee may not perform the following acts: direct connections to water supply systems, waste and/or drainage systems and natural gas installations and service.
(9) 
Well driller: limited to the drilling of the well piping into pneumatic tanks, hook-up water pumps and tank. A well-driller licensee may not perform the following acts: the installation of any water piping within the building.
A. 
Authority. The Plumbers' Examining Board of the Town, after determining that another municipality maintains a standard of licensing plumbers at least equivalent to that maintained in the Town, may, subject to Town Board approval, enter into a written reciprocal agreement with such other municipality wherein each municipality may waive examination of plumbers holding a license or certificate or letter of competency from the other municipality. The Town may, unilaterally through the action of the Town Board, revoke its reciprocity with another municipality without notice and as it sees fit. A person so qualified shall, nevertheless, be subject to Town licensing fees.
B. 
Effect. When any applicant for a Town plumbing license maintains either his residence or his 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, then the formal examination required in this article shall be waived. Such applicant shall furnish a photostatic copy of his letter of competency together with a statement to the effect that he is in good standing as a plumber in the other municipality. In addition, the applicant must show suitable proof, as determined by the Plumbers' Examining Board, that either his residence or his principal place of business is within such municipality. Under this reciprocal agreement, the necessary examination may be waived.
C. 
If a licensed master plumber or restricted master plumber who has been licensed by the Town of Babylon Plumbers' Examining Board under the provisions of a reciprocity agreement with a municipality subsequently applies for and takes the Town of Babylon Plumbers' Examining Board master plumber' s or restricted master plumber' s examination and fails the examination, the Plumbers' Examining Board shall revoke the plumber' s license until he/she retakes the examination; passes the Plumbers' Examining Board's examination and pays the appropriate licensing fees as set under this Article.
A. 
The Plumbing Inspector of the Town shall have the power to recommend that a plumber's license be suspended or revoked because of existing, continuing and uncorrected violations of the Town Plumbing Code or any other applicable ordinance, law or code.
B. 
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.
C. 
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 by certified mail a copy thereof to the licensee concerned at the last address shown upon the most recent application of such licensee.
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.
G. 
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 Babylon Plumbing Code or any other ordinance, law or code related to the performance of licensee duties as a plumber.
H. 
Any other provisions of this Article notwithstanding, the Town Board shall have the right to suspend or revoke a license previously granted, without prior notice or hearing.
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, gas piping, 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 licenses issued.