[Amended 4-15-1997 by Ord. No. 97-134]
A.
No person, firm or corporation shall engage in or
conduct the business of plumbing in the City of Rochester, unless
licensed pursuant to this chapter. All plumbing work must be performed
in the following manner:
[Amended 2-14-2006 by Ord. No. 2006-22]
(1)
Personally by a licensed plumber who works alone,
or has employees whom he or she personally supervises for plumbing
work compliance, and who obtains his own plumbing permits and has
his or her work inspected; or
(2)
Personally by a licensed plumber who is a full-time
employee of a firm or corporation which is not in the business of
plumbing, and who personally supervises the firm's or corporation's
employees for plumbing work compliance and who obtains his or her
own plumbing permits and has his or her work inspected; or
(3)
Personally by one or more licensed plumbers who are
employed by a domestic corporation in the business of plumbing and
who, individually or together, own 51 % of the corporate stock pursuant
to § 45-a of the General City Law, and who personally supervise
the employees engaging in plumbing work for plumbing work compliance
and which plumber(s) obtains his or her own plumbing permits and has
his or her work inspected.
B.
A domestic corporation may conduct the business of
plumbing within the City of Rochester in accordance with the requirements
set forth in § 45-a of the New York State General City Law.
C.
Categories of licensed plumbers.
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1
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2
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3
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|---|---|---|
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Licensed Plumber
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Licensed Plumber
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Licensed Plumber(s)
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Owns plumbing business
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Works full time for firm or corporation not
in business of plumbing
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Employed by and owner(s) of 51% of stock of
Plumbing Corporation
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Works alone or has employees
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Has employees
| |
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Personally supervises own employees and all
plumbing work
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Personally supervises other employees and all
plumbing work
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Personally supervises employees and all plumbing
work
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Obtains plumbing permits and has all work inspected
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Obtains plumbing permits and has all work inspected
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Obtains plumbing permits and has all work inspected
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A.
No person shall represent himself or herself as a
plumber, employing plumber, master plumber or other similar terms
by the use of those words or of the word "plumbing" or other words
of similar import or meaning on signs, cards, stationery, telephone
directories or in any other manner whatsoever unless licensed in accordance
with this chapter.
B.
No person shall sell, lend, rent or in any manner
transfer or assign a license, name or license number to any other
person; nor shall a person make use of a license, name or license
number to which the person is not entitled.
C.
Any violation of these provisions may result in cancellation,
suspension or revocation of a license, after a hearing by the Board,
or other action pursuant to § 55 of the General City Law.
[Amended 9-21-1993 by Ord. No. 93-302; 4-15-1997 by Ord. No. 97-134; 6-16-2009 by Ord. No. 2009-179; 2-15-2022 by Ord. No. 2022-48]
A.
Every person, corporation, firm or partnership engaging in the trade, business or calling of employing or master plumber in the City of Rochester or representing themselves to the public as an employing or master plumber by the use of the word "plumber" or words of similar import or meaning on signs, cards, stationery or in any manner whatsoever shall first obtain a certificate of competency from the Examining Board of Plumbers. Such certificate shall be obtained by an examination that is determined by the Board to be qualifying in accordance with § 40-4A(2) of this chapter.
B.
An applicant shall make application for a certificate
of competency by filling out either paper or digital forms provided
by the Board and presenting such forms either at the permit office
of the Department of Neighborhood and Business Development or remotely
by means of the online portal provided by said Department. The applicant
shall pay a fee, determined by the Board, at the time the application
is made. Applications for examinations shall be properly filled out,
acknowledged and filed with the Clerk to the Board, at least 15 days
prior to the examination date. Applications for examinations will
be received by the Board at any regular meeting, and the Clerk will
notify the candidate of its approval or disapproval and if and when
to appear for said examination. The examination fee is refundable
only if the application is rejected by the Board.
C.
Qualifications for certificate of competency examination.
Applicants must state their full name and address and the names of
the persons, firms or corporations in whose service they have been
an apprentice and/or journeyman and the number of years they have
been engaged in the trade, business or calling of plumbing, as well
as their employers while in the trade, business or calling of plumbing.
In addition, applicants shall comply with the following requirements:
(1)
Minimum qualifications to take the examination:
(a)
Completion of an apprenticeship through a state or
federally approved plumbing, heating or air-conditioning apprenticeship
program, plus at least two additional years working in the plumbing,
heating or air-conditioning business;
(b)
At least eight years of experience in one or more
of the following occupations: plumbing; steamfitting; plumbing design;
heating or air conditioning; plumbing or heating or air conditioning
estimating;
(c)
Possession of a current New York State license as
a professional engineer or registered architect;
(d)
Ten years' experience as a maintenance person working
at plumbing, heating, air-conditioning or refrigeration trades;
(e)
Any combination of the above-listed elements of training
and experience deemed by the Examining Board of Plumbers to be substantially
equivalent.
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The foregoing requirement of minimum qualifications to take the examination shall not apply to an applicant that has passed an examination prepared and administered by another plumbing licensing jurisdiction or qualified expert third party that the Board determines to qualify the applicant for a certificate of competency in accordance with § 40-4A(2) of this chapter.
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(2)
Waivers and restrictions.
(a)
Examining Board members shall not endorse vouchers
for applicants, except in cases where the applicant is or has been
an employee of such member in any of the occupations as prescribed
in the foregoing subsections.
(b)
The Board shall refuse to accept an application from
any person who is found by the Board to be unlawfully engaged in the
business of plumbing in the City of Rochester.
(3)
Passing or failing examinations.
(4)
Issuance of permits to connect with sewers and water
mains restricted. The Commissioner of Environmental Services shall
not issue a permit to anyone to connect with the sewers or with the
water mains of or within the City of Rochester unless such person
has obtained and shall produce a certificate of competency from the
Board.
A.
Any plumber holding a certificate of competency issued
by the Examining Board of Plumbers, who has made application for the
first time to conduct the business of plumbing in this City, must
register with the Board either personally in the permit office of
the Department of Neighborhood and Business Development or remotely
by means of the Department's online portal and, upon the payment of
$5 for a license certificate, in addition to a license fee of $45,
shall receive a a license and a license certificate.
[Amended 6-16-2009 by Ord. No. 2009-179; 2-15-2022 by Ord. No. 2022-48]
B.
The license shall take the form or forms as prescribed
by the Board. It shall specify the name of the person licensed, who
shall be known as the holder of the license. It shall indicate the
number of the license, the expiration date and the issuing date of
the license.
C.
The license holder shall receive a license certificate of the size and format required for signs by Article IV of the General City Law, which shall be posted conspicuously in the window or in some other prominent and approved place on the premises where business is conducted.
[Amended 2-15-2022 by Ord. No. 2022-48]
D.
The license holder shall post a certificate of workers'
compensation insurance and disability insurance in an amount and form
approved by the Commissioner of Neighborhood and Business Development
and shall keep such insurance in full force and effect throughout
the term of a license.
[Amended 10-13-1992 by Ord. No. 92-380; 6-16-2009 by Ord. No. 2009-179]
[Amended 5-22-1990 by Ord. No. 90-191; 10-13-1992 by Ord. No. 92-380; 2-15-2022 by Ord. No. 2022-48]
A.
Licenses shall be issued for a maximum period of 24
months, to terminate on the 31st day of December in an even year.
The fee for a license shall be $120, except that the fee for a new
license issued within one year of the expiration date shall be $60.
B.
Any master plumber who fails to renew a license by
the January 1 immediately following expiration of such license may
renew such license upon application and payment of a fee of $150.
A master plumber who fails to renew a license shall not be permitted
to perform any new or uncompleted plumbing work until such license
has been renewed.
C.
All licensed plumbers applying for renewal shall be
issued wallet-sized cards showing that the plumber holds a current
license. All licensed plumbers shall carry on their person the current
year's card and shall produce the card on request of the Commissioner,
a City of Rochester licensed plumbing inspector or a property owner.
Failure to produce such card upon request may result in action by
the Board.
[Amended 6-16-2009 by Ord. No. 2009-176; 2-15-2022 by Ord. No. 2022-48]
A.
The Commissioner or any person may prefer charges
against the holder of a license granted hereunder for violations by
the holder or his/her agents or employees of this chapter or any law,
ordinance or regulation relating to plumbing work or the conduct of
the plumbing business or for any deviation from approved plans and
specifications for any plumbing work. Such charges shall be of substantial
nature and shall not be arbitrary, petty or capricious. Charges shall
be preferred in such manner or form as the Board shall determine.
B.
Whenever charges are preferred against the holder
of a license hereunder, the Board shall immediately notify the holder
of such charges, by first-class mail with delivery confirmation to
the holder's last known mailing address, and shall establish a time
and place for a public hearing of such charges, upon at least 10 days'
notice.
C.
After a hearing of charges preferred against the holder
of a license hereunder, the Board may suspend, revoke or cancel the
license of the holder for such time as the Board shall determine.
Upon the failure of a holder to appear for such a hearing, the holder's
license shall be suspended.
A.
Persons performing work without having a current license and registration in accordance with this article may be served with an appearance ticket returnable in the Municipal Code Violations Bureau, wherein violators shall be subject to the penalties for high violations set forth in § 13A-11D(1) of the Municipal Code.
[Added 9-21-1993 by Ord. No. 93-302]
[1]
Editor's Note: Former §§ 40-13, Surrender of
license plate, as amended, and 40-14, Reissuing or replacement of
license plate, were repealed 2-15-2022 by Ord. No. 2022-48.
