[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.
1
2
3
Licensed Plumber
Licensed Plumber
Licensed Plumber(s)
Owns plumbing business
Works full time for firm or corporation not in business of plumbing
Employed by and owner(s) of 51% of stock of Plumbing Corporation
Works alone or has employees
Has employees
Personally supervises own employees and all plumbing work
Personally supervises other employees and all plumbing work
Personally supervises employees and all plumbing work
Obtains plumbing permits and has all work inspected
Obtains plumbing permits and has all work inspected
Obtains plumbing permits and has all work inspected
[Amended 2-14-2006 by Ord. No. 2006-22; 2-15-2022 by Ord. No. 2022-48[1]]
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.
[1]
Editor's Note: This ordinance also amended the title of this Art. III from "Certificate of Competency, Registration and Licenses" to its current title.
[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.
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.
(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.
(a) 
All applicants passing the requisite examination shall receive a certificate of competency issued by the Board.
(b) 
An applicant failing to pass the requisite examination shall not be entitled to another examination until the next regularly scheduled examination.
(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.
D. 
When the Board upholds the charges preferred against the holder of a license, the Board shall impose the following penalties:
(1) 
First violation: one year's suspension.
(2) 
Second violation: two years' suspension.
(3) 
Third violation: permanent license suspension.
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]
B. 
The provisions of Chapter 68 of the Municipal Code relating to business and trades shall be applicable to all holders of licenses and certificates under this article the same as if specifically set forth.
C. 
Violations of this chapter may also be enforced pursuant to Chapter 52 of the Municipal Code, and violators shall be subject to the penalties set forth in said chapter.
[Added 10-11-2011 by Ord. No. 2011-324]