As used in this chapter, the following terms
shall have the meanings indicated:
A person otherwise meeting the requirements of this chapter
and having a regular place of business and who, by himself or journeymen
plumbers in his employ, performs plumbing work.
[Amended 6-2-1986 by L.L. No. 3-1986]
There is hereby created and established an Examining
Board of Plumbers consisting of five members to be appointed by the
Mayor, one of whom shall be the City Engineer, one of whom shall be
the Building Inspector, one of whom shall be the Plumbing Inspector
of the City, one of whom shall be a master plumber and one of whom
shall be a journeyman plumber and all of whom shall be citizens and
actual residents of the City.
[Amended 6-2-1986 by L.L. No. 3-1986]
The terms of office of the three members of
the Board who are City employees shall be for as long as they continue
to hold such offices, and when they shall cease to hold their offices,
their successors shall act on the Examining Board in their place and
stead. Terms of office of the master plumber and the journeyman plumber
shall be three years from the first day of January following their
appointments. Vacancies occurring by expiration of a term shall be
filled by the Mayor for a full term. Vacancies caused by death, removal,
inability to act, resignation or removal from the City of either the
master plumber or journeyman plumber shall be filled by the Mayor
for the unexpired term.
[Amended 6-2-1986 by L.L. No. 3-1986]
The Mayor shall, annually, appoint a person
to the position of Clerk to the Board, who shall be paid the sum prescribed
by the Council. The Clerk shall attend all meetings of the Board and
keep the minutes of the meetings and all other records of the Board.
[Amended 6-2-1986 by L.L. No. 3-1986]
The master and journeyman plumbers serving as
members of the Board shall be compensated for attendance at Board
meetings.
The Examining Board of Plumbers shall have power
and it shall be their duty:
A.
To meet at stated intervals, not less frequently than
once every three months. They shall also meet whenever the Mayor shall,
in writing, request them so to do. Their meetings shall all be public.
[Amended 6-2-1986 by L.L. No. 3-1986]
B.
To have jurisdiction over and to examine all persons
desiring or intending to engage in the trade, business or calling
of plumbing as employing or master plumbers in the City, with the
power of examining persons applying for certificates of competency
as such employing or master plumbers or as inspectors of plumbing
to determine their fitness and qualifications for conducting the business
of master plumbers or to act as inspector of plumbing and to issue
certificates of competency to all such persons who shall have passed
a satisfactory examination before such Board and shall be by it determined
to be qualified for conducting the business as employing or master
plumbers or competent to act as inspectors of plumbing.
C.
To charge and collect from each person applying for
examination the sum of $250 for each examination made by such Board,
which sum shall be paid at the time of making his application and
all moneys so collected shall be paid over by the Board, monthly,
to the Department of Finance.
[Amended 12-27-2010 by Ord. No. 2010-20]
D.
To charge and collect for the issuance of a certificate
of registration or for the renewal of such certificate to qualified
employing and master plumbers the sum of $200. All certificates of
registration issued shall expire on the 31st day of December of the
year in which they shall be issued and may be renewed within 30 days
preceding such expiration upon payment of the renewal fee. Such renewals
shall be for one year from the first day of January in each year.
[Amended 1-5-1981 by Ord. No. 80-163]
E.
To determine, within the performance objectives of
the plumbing standards of the New York State Building Construction
Code and subject to the limitations imposed therein, the durability
of materials and joints used under local conditions. Determination
by the Examining Board of Plumbers shall take precedence over the
uses of standard materials and joints permitted in the plumbing standards
of the New York State Building Construction Code.
A.
A person desiring or intending to conduct the trade,
business or calling of a plumber or of plumbing in the City as employing
or master plumber shall be required to submit to an examination before
the Examining Board of Plumbers as to his experience and qualifications
for such trade, business or calling, and it shall not be lawful for
a person to conduct such trade, business or calling unless he shall
have first obtained a certificate of competency from such Board or
permit issued for a specific job to a person holding a master plumber's
license issued by any municipality of the State of New York as herein
provided.
[Amended 6-2-1986 by L.L. No. 3-1986]
B.
Persons applying for examination for certificates
to engage in the business of master or employing plumber shall, before
being examined, file with the Board an application on such forms as
may be prescribed by the Board and shall furnish to the Board such
information as it may require concerning the applicant's fitness and
qualifications to receive a certificate as aforesaid. Each applicant
shall be required to furnish two references, one of whom shall appear
before the Board and sign, under oath, on forms prescribed by the
Board certifying to the time the applicant has been employed by him
as journeyman plumber; said person, at the time of signing application,
must be lawfully engaged in the plumbing business in the City. The
Board shall refuse to receive an application from any person who,
at the time of making application, may be unlawfully engaged in business
as a master or employing plumber.
C.
No person shall be examined unless he shall have had
either experience of at least five years as journeyman plumber or
graduation from a four-year college or university with major course
work in plumbing, engineering and, in addition, one year of experience
as a journeyman plumber. Any equivalent combination of training and
experience may be substituted for the above requirement, each year
of training having equal weight with experience. The applicant must
furnish satisfactory evidence of above training or experience and
demonstrate to the satisfaction of the Board that he is a person of
good repute, character and responsibility and otherwise qualified
to engage in business as a master or employing plumber. No application
will be accepted from any person who is not a citizen of the United
States.
D.
The examinations of the Board shall be in two parts,
namely, a practical test to determine the applicant's skill as a journeyman
and a written examination. The written examination shall consist of
questions to determine the applicant's fitness and qualifications
to engage in the business of master or employing plumber.
E.
An applicant who fails in the examination shall not
be eligible for another examination until the expiration of 12 months.
[Amended 6-2-1986 by L.L. No. 3-1986]
F.
In case a certificate of competency is lost by the
holder thereof, the Board shall issue a duplicate where such original
certificate was issued during the term of office of all the members
of the Board in office when such duplicate certificate is requested.
The charge for such duplicate certificate shall be $5. In other cases,
the Board shall issue a certificate of record stating that the records
of the office show that a certificate was issued to a specific person.
The charge for such certificate of record shall be $2.
G.
Where the Board issues a metal sign, such metal sign
shall not be transferred to any person, firm, copartnership or corporation.
H.
The Examining Board of Plumbers shall have the power
to conduct hearings on charges of incompetency or the violation of
any provision of this chapter by any plumber to whom a certificate
of competency has been issued and may revoke or suspend the certificate
of competency of any plumber found guilty of any or all of the charges
preferred against him. The plumber charged with incompetency or a
violation of this chapter shall be served with a written notice specifically
setting forth the charges of incompetency or violations with which
he is charged, which notice shall be served on him personally or by
registered mail not less than 10 days prior to the hearing. The party
charged may be represented by counsel, and he shall have the right
to cross-examine witnesses produced in support of said charges or
violations and shall also have the right to produce his own witnesses
in the defense of the charges or violations. A majority vote of the
entire examining Board of Plumbers shall be required in order to revoke
or suspend a certificate of competency.
I.
No person may be examined by the Examining Board of
Plumbers for a certificate of competency to permit him to conduct
the trade, business or calling of a plumber or of plumbing as an employing
or master plumber within a period of one year after revocation of
a previous certificate of competency issued to said applicant.