[HISTORY: Adopted by the Town Board of the
Town of West Seneca 9-26-1988.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building Code administration and enforcement — See Ch. 55.
Electrical inspections — See Ch. 65.
Excavations in streets — See Ch. 70.
Sewers — See Ch. 97.
Subdivision of land — See Ch. 103.
[1]
Editor's Note: This ordinance superseded former
Ch. 90, Plumbers, Licensing of, adopted 5-23-1960, effective 7-1-1960.
As used in this chapter, the following
terms shall have the meanings indicated:
Any mechanic who has served his apprenticeship or learned
his trade or handicraft and works at it mostly by the day, week or
month, not on his own account, but as a servant or employee of another,
and shall include any person who holds himself out to the public as
a plumber.
A person or persons offering their services for the installation
of sewer and drainage pipe, outside of a structure.
No person, firm or corporation shall do any
plumbing, sewer or drainage work in any premises in the Town of West
Seneca unless such person, firm or corporation shall first be duly
licensed in the manner provided by this chapter.
A domestic corporation desiring or intending
to conduct the trade, business or calling of plumbing, sewer or drainage
in this Town as employing or master plumber may do so, provided that
one or more officers of such corporation, separately or aggregately,
actually hold and own at least 51% of the issued and outstanding capital
stock of said corporation, and provided that each of such officers
holding such percentage of the stock is the holder of a certificate
of competency issued by the Board of Plumbing Examiners, and also
a plumbing license issued by the Town Clerk. All such corporations
shall register in the office of the Town Clerk.
The license shall be printed on a form to be
determined by the Town Clerk. Said form shall contain the date of
issuance, the license number, the fee paid and the name of the person
licensed. All licenses shall expire on December 31 following the date
of issuance. All licenses shall be signed by the Town Clerk.
A.
Any person, firm or corporation who shall desire a
license to conduct plumbing, sewer or drainage business within the
Town of West Seneca shall apply in person, or, in the case of a corporation,
by a qualified person, at the office of the Town Clerk and register
his or its name and address with the Town Clerk upon application forms
to be approved by the Town Board.
B.
Said application form shall contain the name, age
and address of the applicant, a statement of the kind of work the
applicant has been engaged in for the past five ears, together with
the names of employers and locations of various projects that he has
worked upon, a statement of the experience and qualifications of the
applicant in doing plumbing work, together with such other and further
information that the Town Clerk, Town Board and Board of Plumbing
Examiners shall deem desirable.
The Town Clerk shall issue a license authorizing
said applicant to conduct such business in the Town of West Seneca
upon having been satisfied that the applicant has met the following
conditions:
A.
Obtaining of certificate. A certificate from the Board
of Plumbing Examiners stating that the applicant has satisfactorily
passed the various examinations and is qualified to be a master plumber
or sewer contractor shall be obtained. Said certificate must be dated
within one year of the date of application to the Town Clerk.
B.
Proof of financial responsibility. The applicant shall
file with the Town Clerk certificates of insurance naming the Town
of West Seneca and protecting the same to the extent of the following
limits: $500,000 for each occurrence for bodily injury liability;
$100,000 for each occurrence for property damage liability (effective
January 1, 1989).
C.
License fee. The annual fee for a license shall be
the sum of $175 for the master plumber and $75 for sewer contractors.
[Amended 11-28-2011 by L.L. No. 8-2011]
A renewal license shall be issued by the Town Clerk each year to any person, firm or corporation holding a license at the expiration of the previous year without examination upon payment of the license fee of $75 for master plumber and $50 for sewer contractor and upon filing a renewal of the required bond and proof of financial responsibility. If, however, the applicant for the renewal license is not made within 30 days after the expiration of the prior existing license, such license shall be deemed to have lapsed. A new license shall not be issued except upon new application made pursuant to § 90-6 above.
No license holder shall allow his name or license
to be used by any other person or party either for the purpose of
obtaining permits or doing any work under his name. Plumbers or sewer
contractors will be held responsible for the violation of any rules
of the Town Board by journeymen plumbers or others while in their
employ. The forfeiture or suspension of the license of any plumber
shall operate as the forfeiture or suspension of the license if a
copartner or the superintendent of construction of a corporation.
A separate license will not be granted to any person employed by said
partnership or corporation so long as the license of the offending
plumber or sewer contractor is under forfeiture or suspension and
he continues to be associated with or employed by said partnership
or corporation.
A license issued to a firm or corporation shall
terminate on dissolution of said firm or corporation or upon termination
of employment of the superintendent of construction of a corporation,
unless said corporation shall have in its employ another person duly
licensed under this chapter who shall succeed said superintendent.
A license cannot be transferred to any successor
in the business or to any person whomsoever under any circumstances.
All licenses shall expire on the 31st day of December of the year issued and may be renewed within 30 days preceding expiration and may be renewed pursuant to § 90-7.
The Town Clerk may revoke any license issued
to any person under the provisions of this chapter for cause after
a hearing on three days' notice to said person.
A.
The Examining Board of Plumbers is hereby established
and hereinafter called the "Board" and shall consist of five members:
Town Building Inspector or Plumbing Inspector as the Town Board may
dictate; one member of the Town Board; and three persons who have
actively engaged in the plumbing business for at least 10 years next
preceding their membership on such Board.
B.
The last four members shall be appointed by resolution
of the Town Board and must be residents of the Town of West Seneca.
The term of office of the last-mentioned two members shall be two
years. Said two years shall coincide with the term of office of the
Town Board, and that of the first three members shall be the term
to which each has been appointed or elected, as the case may be. Vacancies
shall be filled by the Town Board for unexpired terms.
C.
The two members who are not, in their primary capacity,
Town officials shall receive as compensation as such Board member
such amount as a majority of said Board shall determine, but, in no
event, shall such compensation for any one member total more than
$500 per year. The intent of this subsection is that the Building
Inspector or Plumbing Inspector and Town Board member shall serve
without compensation.
A.
The Board of Plumbing Examiners shall have jurisdiction
over and examine all persons desiring or intending to engage in the
plumbing and sewer business or employing plumbers in the Town of West
Seneca with the power of examining persons applying for examination
for certificates of competency as such employing or master plumbers
to determine their fitness and qualifications for conducting the business
of master plumbers and to issue certificates of competency to all
such persons who shall have satisfactorily passed the examination
or examinations before such Board and shall be, by it, determined
to be qualified for conducting the business as employing or master
plumbers in such Town.
B.
The Board of Plumbing Examiners shall hold one examination a year
during February, for which the entrance fee shall be set by the Town
Board pursuant to adoption of an annual fee schedule.
[Amended 11-28-2011 by L.L. No. 8-2011; 1-25-2016 by L.L. No. 3-2016]
C.
A special examination may be held at any time at the
discretion of the Board of Plumbing Examiners. The expense of such
examination shall be the sum of $175, which shall be deposited with
the Town Clerk by the applicant for such examination.
[Amended 11-28-2011 by L.L. No. 8-2011]
D.
The Board of Plumbing Examiners shall have the power
to examine by written examination and/or oral examination and/or demonstrative
examination. A "written examination" within the meaning of this section
shall mean an examination of all applicants who apply for such and
shall be held on the same day at the same time and same place. Such
examination shall be uniform for all applicants.
E.
All applications to take the examination shall be
made with the Town Clerk upon payment of the necessary fee. All applications
shall be made at least five days before the date set for the examination.
F.
The Board of Plumbing Examiners shall publish in the
official newspaper of the Town, at least 10 days before the examination
date, notice of the date and place where such examination shall be
held. The Board of Plumbing Examiners shall, in its discretion, determine
the nature, extent and type of examination to be held.
To establish a record of his beginning in apprenticeship,
every plumbing apprentice or learner, regardless of age, who contemplates
filing an application for a plumber's license shall, within 60 days
after the beginning of such apprenticeship, register with the Town
Clerk and the Board of Plumbing Examiners on a blank to be furnished
by said Board, setting forth the date on which the apprenticeship
will begin, age, by whom employed or trade school which he has attended
and such other information as the Board may require. Such registration
shall be considered evidence by the Board of Plumbing Examiners in
determining experience. An apprentice shall not be placed in charge
of work or of installing plumbing, nor shall he do such work alone.
Neither can such apprentice install plumbing under the supervision
of a master plumber when such master plumber is not also physically
present and taking an active part in the installation.
Any person who violates any provisions of this
chapter or any regulation adopted hereunder is guilty of an offense
punishable by a fine not exceeding $350 for the first violation; a
minimum of $350 and a maximum of $700 for a second violation within
five years; and a maximum of $1,000 for a third or subsequent violation
within five years; or imprisonment for a period not to exceed six
months, or both. Each week's continued violation shall constitute
a separate violation.
A person or firm holding a master plumber's
license in the Town of West Seneca will be exempt from obtaining a
sewer contractor's license and may do said sewer work under his master
plumbing license.
If any section or part thereof of this chapter
shall be determined to be void, unconstitutional or invalid by a proper
court of law, such determination shall not be deemed to affect, impair
or invalidate the remainder thereof.
