[Added 9-19-1995 by L.L.
No. 6-1995]
Any person desiring or intending to conduct the trade, business or calling
of subterranean disposal system repairing in the Town of Cortlandt, exclusive
of incorporated villages, shall be examined as to his experience and qualifications
for such trade or business and shall obtain a license from the Director of
Code Enforcement as hereinafter provided.
A.
The Town Board shall appoint an Examining Board consisting
of five persons engaged in the business of subterranean disposal system construction,
design and repair for a term of one year each.
B.
In the event of a vacancy of any office caused by removal
of any member from this Examining Board, the Town Board shall appoint a substitute
member to complete the term of office so vacated.
C.
The Director of Code Enforcement shall be an ex officio
member of the Examining Board.
The Examining Board shall examine all persons desiring or intending
to engage in the trade, business or calling of the repair of the subterranean
disposal systems or who employ persons who engage in the repair or design
of subterranean disposal systems in the Town of Cortlandt and shall determine
their fitness and qualifications for conducting said business and accordingly
shall or shall not issue the appropriate license to such person or persons.
Said examinations shall be given periodically, but in no event shall the test
be offered less than three times annually.
After receiving the recommendation from the Examining Board that a license
be issued, the Director of Code Enforcement shall issue a license to the applicant
allowing him to carry on the business of repairing subterranean disposal systems,
subject to the rules and regulations of the Town Board.
The Examining Board shall have the power and it shall be its duty to:
A.
Meet at state intervals. It shall also meet whenever
the Town Board of each Town or the supervisor thereof shall, in writing, request
it to do so.
B.
Formulate in conjunction with the Town Board a code of
rules regulating the work of repairing subterranean disposal systems in such
Town, including the materials, workmanship and manner of executing such work,
and from time to time to add to, amend or alter the same.
C.
Conduct examinations in the area of the applicant's knowledge
of the Department of Health regulations and Town of Cortlandt regulations
and standardized plumbing regulations with respect to the installation and
maintenance of the subterranean disposal systems. Furthermore, the applicant
shall be examined with respect to his/her ability to read and determine topographical
surveys, as well as the ability to access information with respect to adjacent
wells and septic systems and for his/her knowledge of Part 75 of the Administrative
Rules and Regulations of the Commission of Health and of Appendix 75-A thereof,
and any other matter found by the Examination Board to be appropriately included.
D.
Set up a system wherein any changes in the method of
repair and installation of subterranean disposal systems shall be provided
to any person holding a license under this Article.
A domestic corporation desiring or intending to conduct the trade, business
or calling of subterranean disposal system repair persons in the Town may
do so, provided that one or more officers of such corporations separately
or aggregately actually own or hold at least 51% of the issued and outstanding
capital stock of said corporations, and provided that each of such officers
holding such percentage of the stock is the holder of a certificate of competency
and license hereunder and shall comply with all of the rules and regulations
applicable to subterranean disposal system persons in the locality in which
the corporation is engaged in business. Such corporation shall register with
the Director of Code Enforcement. The license holder within the corporation
shall personally supervise all repair work performed by said corporation.
Such registration may be canceled by said Director of Code Enforcement
or the Examining Board for a violation of the rules and regulations for the
repair of subterranean disposal systems of said Town, duly adopted and enforced
thereon, after a hearing had before said Director of Code Enforcement and
upon a prior notice of not less than 10 days stating the grounds of complaint
and served on the person charged with the violation, but such revocation shall
not be operative unless concurred with by the local Board of Examiners.
All certificates of registration issued under the provisions of the
preceding sections of this Article shall be for a period of three years and
may be renewed for an additional three-year period without any further examination.
A.
All licensed subterranean disposal system repair persons
shall be held responsible for all acts of their apprentices or employees in
connection with the business for which such license is given.
B.
Said licensee must personally oversee or supervise the
repair work being performed on the site of all repairs of subterranean disposal
systems being performed under licensees' supervision and shall be required
to provide a plan of said septic system to the homeowner and file the copy
thereof with the Department of Code Enforcement.
