[Amended 9-21-1993 by Ord. No. 93-302; 10-21-2003 by Ord. No.
2003-340; 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No.
2009-179; 10-11-2011 by Ord. No. 2011-324]
As used in this chapter, the following terms
shall have the meanings indicated:
The Examining Board of Plumbers.
The certificate issued by the Board after an applicant has
passed the plumbing examination.[1]
The Commissioner of Neighborhood and Business Development
of the City of Rochester or his or her authorized representative.
A person who, through training and experience, has acquired
the requisite skill and knowledge necessary for the proper installation
of plumbing.
A license which is issued by the Board to a plumber, after
obtaining a certificate of competency to engage in the trade, business
or calling of plumbing.
[Amended 2-15-2022 by Ord. No. 2022-48]
A certificate issued by the Board with the license, which
contains the words "licensed plumber" and the appropriate license
number and which is required to be posted at the licensed plumber's
place of business in accordance with Article 4 of the General City
Law.
[Added 2-15-2022 by Ord.
No. 2022-48]
One who is qualified and duly licensed to engage in the trade,
business or calling of plumbing and gas fitting and/or the business
of contracting for the installation of such work, as stipulated by
this Code.[2]
The practice, materials and fixtures used in the installation,
maintenance, extension and alterations of all piping, fixtures, appliances
and appurtenances, including but not limited to the following: storm
or storm drainage facilities, the sanitary venting equipment and the
public or private, potable hot- or cold-water supply system, the installation
of backflow preventers, within or adjacent to any building, dwelling
or structure or conveyance; also the practice and materials used in
the installation, maintenance, extension or alteration of the stormwater
or sewerage systems of any premises to their connection with any public
collection system or other acceptable disposal system. It also includes
the primary water supply to and the main wastes and drains from hot-water
or steam-heating systems, air-conditioning or refrigerating systems
and/or other systems, equipment or apparatus connected with the potable
water supply or the building drainage system.[3]
[1]
Editor's Note: The former definition of "certificate of registration,"
which immediately followed this definition, was repealed 2-15-2022 by Ord. No. 2022-48.
[2]
Editor's Note: The former definition of "plate," which immediately
followed this definition, was repealed 2-15-2022 by Ord. No. 2022-48.
[3]
Editor's Note: The former definition of "register," which
immediately followed this definition, was repealed 2-15-2022 by Ord. No. 2022-48.
A.
In addition to the powers and duties set forth in Article 4 of the General City Law and § 12-38 of the Charter of the City of Rochester, the Examining Board of Plumbers shall:
(1)
Clarify and interpret the meaning and intent of the
code of rules regulating the work of plumbing and drainage, including
the materials, workmanship and manner of executing such work.
(2)
Administer and enforce the testing and licensing of
qualified plumbers. The Board shall determine whether an examination's
subject matter, form (including whether it is written or otherwise),
origin (including its date and whether it was prepared and/or administered
by the Board, another plumbing licensing jurisdiction or a qualified
expert third party), date administered, and the passing score are
sufficient to qualify an applicant for a certificate of competency.
[Amended 2-15-2022 by Ord. No. 2022-48[
(3)
Grant waivers for any provisions of this code which
may result from disputes between an applicant for a permit and the
Commissioner of Neighborhood and Business Development.
[Amended 6-16-2009 by Ord. No. 2009-179]
(4)
Review, on a specific case basis, applicant appeals
resulting from permits denied by the Commissioner. The Board may not
initiate a review of a dispute on its own.
B.
An applicant may appeal the Commissioner's decision
by requesting a hearing before the Board by filing a written request
with the Clerk of the Board at least 10 days prior to the next regularly
scheduled meeting of the Board. The Board shall review the appeal
at its next regularly scheduled meeting or as soon thereafter as the
Board may determine. After hearing the appeal, the Board shall render
its decision no later than the next regularly scheduled meeting of
the Board, and if no decision is rendered at that time, the appeal
is deemed denied. The Board shall notify the applicant, in writing,
and furnish a copy of its decision to the Commissioner. If an applicant's
appeal resulted from a permit denial and the Board decides for the
applicant, any waiver to the Code for the specific case allowed by
the Board shall be noted on the approved application and permit.
C.
If the Board decides against the appellant, the appellant
may appeal to the Supreme Court, State of New York, pursuant to Article
78 of the Civil Practice Law and Rules.
[1]
Editor's Note: Former § 40-5, Duties of the Commissioner
of Neighborhood and Business Development, as amended, was repealed
10-11-2011 by Ord. No. 2011-324.
