[HISTORY: Adopted by the Town Board of the
Town of Evans 3-18-1970 by L.L.
No. 1-1970. Amendments noted where applicable.]
This chapter shall be known as the "Plumbing
Licensing Law of the Town of Evans."
The purpose of this chapter is to provide basic
and uniform rules and regulations establishing reasonable safeguards
for plumbing, sanitation and gas systems in and adjacent to buildings
to protect public health against the hazards of inadequate and unsanitary
plumbing installations and hazardous gas installations.
As used in this chapter, the following terms
shall have the meanings indicated:
The Code Enforcement Office of the Town of Evans, New York.
[Added 6-7-2017 by L.L.
No. 5-2017]
The practice, equipment and materials used in cleaning any
part of the plumbing system within or adjacent to any building or
structure and to their connections with public systems or other approved
terminals.
The practice, materials and equipment used in installing,
erecting, extending, altering and maintaining of piping from meter
or other approved source of supply of any type of equipment requiring
gas, within or adjacent to any building or structure.
Includes any person who is principally engaged in and carries
on the business of master plumbing, as distinguished from one who
is employed as a journeyman or apprentice plumber, and who holds himself
out as being principally engaged in this business.
Includes an individual, partnership or corporation.
The practice, materials, fixtures, equipment and devices
used in installing, erecting, altering, extending, maintaining, repairing
and cleaning of piping, appliances and appurtenances connected to
or designed to be connected to the sanitary drainage or storm drainage
system, the attendant waste system, vent system, water supply systems
and fuel gas systems within or adjacent to any building or structure
and to their connections with public systems or other approved terminals.
The water supply system, the drainage system, the vent system,
the storm drainage system, the fuel gas system, fixtures, traps, apparatus,
devices, appliances, appurtenances or equipment, with their respective
connections, within the property lines of the premises.
[1]
Editor's Note: The definition of "Board," which immediately
preceded this definition, was repealed 6-7-2017 by L.L. No. 5-2017.
A.
Plumbing by unlicensed persons for pay or profit is
prohibited.
B.
No person shall hereafter engage in, carry on or conduct
the business of master plumbing or do or perform or offer or undertake
or contract to do or perform the work of a master plumber within the
Town of Evans unless holding such a license.
C.
No person who is not the holder of such license shall
hold himself out to the public, directly or indirectly, as being able
to do so unless employed by and working under the direction of a person
so licensed.
D.
No person shall cause any such work to be done for
pay or profit by any person who is not the holder of such license.
E.
No person who is not the holder of such license shall
falsely represent that he or it holds such license.
F.
No person who is not the holder of such license shall
use in advertising the words "master plumber" or any words of similar
meaning or imprint them on any card, sign or letterhead or in any
manner.
G.
The provisions of this section shall not apply to
a utility company in its normal function of supplying its particular
service to or adjacent to any building or structure.
H.
The provisions of this section shall not apply to or affect the business or practice of installing oil burners or the installation of any other type of heating appliance or equipment, except as to pipe work covered by § 147-3, the definition of "gas system."
I.
Any violation of this section shall constitute a violation,
punishable by imprisonment of not more than 15 days or a fine of up
to $250, or both.
[Amended 12-15-1993 by L.L. No. 13-1993]
[Amended 12-15-1993 by L.L. No. 13-1993]
Any person who, with the intent to defraud or deceive, knowingly makes a false statement or causes to be made or aids and assists in the making of a false statement in an application for a license or the renewal of a license or in the application provided for in this chapter or in any examination hereunder, to deceive or substitute or cause another to deceive or substitute, shall be guilty of a violation, punishable as set forth in § 147-4I hereof.
[Amended 6-7-2017 by L.L.
No. 5-2017]
Each master plumber is required to submit to
the Code Enforcement Office the name of all journeyman
plumbers and apprentice plumbers working for him in the Town of Evans,
making him responsible, under forfeiture of his license, for work
being done under his license.
[1]
Editor's Note: Former §§ 147-7 through 147-20,
as amended, regarding the Plumbing Licensing and Examining Board,
were repealed 6-7-2017 by L.L. No. 5-2017.
A master plumber's license shall authorize the
licensee to engage in the business of master plumbing within the Town
of Evans, New York, for a period beginning January 1 and ending December
31.
A.
Fees for such license shall be set by resolution of the Town Board and as set forth in Chapter 106, Fees, and shall be renewable annually before January 1 of each year.
[Amended 12-15-1993 by L.L. No. 13-1993]
B.
Late filing; accumulative fees. License renewal applications filed later than January 1 will be charged a late-filing fee as set by resolution of the Town Board and as set forth in Chapter 106, Fees. Such late-filing fees and renewal fees shall be accumulative for all the years the license is not renewed.
[Amended 12-15-1993 by L.L. No. 13-1993]
C.
Grandfather clause. Persons engaged in the plumbing
business in Erie County as a master plumber for a period of three
years prior to the enactment of this chapter and upon furnishing satisfactory
evidence to the Code Enforcement Office shall be entitled
to receive a Town of Evans master plumber's license without taking
the required examination, but shall pay the required license and renewal
fees.
[Amended 6-7-2017 by L.L.
No. 5-2017]
D.
A license which has been verified to have lapsed for more than three
consecutive years cannot be renewed and it will be necessary to obtain
a new license as set forth herein.
[Added 6-7-2017 by L.L.
No. 5-2017]
[Amended 6-7-2017 by L.L.
No. 5-2017]
An examination, whether written, practical or
both, as the Code Enforcement Office shall prescribe, will be given
to those persons desiring to apply for a plumber's license.
If an applicant fails on the first examination,
he shall be allowed to take the examination again in six months from
the date of such failure. If he fails again, he shall be eligible
for reexamination one year from the date of failure.
[1]
Editor's Note: Former §§ 147-25, Fee for application
for examination, as amended, and 147-26, Results of examination, were
repealed 6-7-2017 by L.L. No. 5-2017.
[Amended 12-15-1993 by L.L. No. 13-1993]
General liability insurance with bodily injury and property damage with minimum limits as set by resolution of the Town Board and as set forth in Chapter 106, Fees, shall be required covering the Town of Evans, the public and the owner. Workers compensation covering contractor's employees is also required.
]Amended 6-7-2017 by L.L.
No. 5-2017]
The Code Enforcement Office shall have the authority
to grant a waiver of examination in order to grant a license to an
applicant without an examination when the applicant meets the following
requirements:
A.
The applicant
as an individual must provide documented proof that he or she currently
possess a minimum of two valid licenses granted from a local municipality
located within Erie County, in the State of New York. The license
requirements of each of the municipalities which issued the licenses
must be substantially equivalent to the licensing provisions of the
Town of Evans. A copy of a current (not expired) license from a recognized
municipality may qualify as documented proof, subject to review and
approval; and
B.
Plumbers
and site utility contractors must make application on a Town of Evans
prescribed form (Plumbers and Site Utility Contractor Reciprocal Application)
and make payable a fee as determined by the Town Board on an annual
basis. The form shall contain an affidavit attesting to the fact that
the applicant has held the licenses at least one full year and has
not had a license revoked or suspended from any other municipality
within the last five years.
[Amended 12-15-1993 by L.L. No. 13-1993]
The New York State Uniform Fire Prevention and
Building Code shall be used as a basis for the Town of Evans license
examinations. This shall be a minimum requirement.
It is not the intention of this chapter to take
over existing inspections that are being done by any of the political
subdivisions or municipal corporations of Erie County. However, where
no inspections presently exist, some form of countywide inspection
for the present will be instituted in this chapter.
