[Added 6-27-1994 by L.L. No. 2-1994[1]]
A.
The Mayor shall appoint members to the Board of Overseers,
which members shall be confirmed by the Common Council. The Board shall be
made up of five voting members consisting of two members of the Board of Health,
the Superintendent of Public Works, one registered plumber and one Common
Council member. The Mayor and the Code Enforcement Officer shall be nonvoting
members of the Board.
B.
Each appointee to the Board shall serve a three-year
term to be computed from the first day of January following his/her appointment.
The terms shall be staggered so that one new member shall be appointed each
year. The terms of office at the time of inception of the Board shall vary
in order to effectuate yearly vacancies.
C.
Vacancies occurring by expiration of a term shall be
filled by the Mayor for a full term. All other vacancies occurring during
the term of office shall be filled by the Mayor for the unexpired term.
D.
Each voting member shall be entitled to remuneration
in the amount of $100 per annum.
[1]
Editor's Note: This local law superseded former § 228-1,
Applicability of state law, which referred to Article 4 of the General City
Law. Chapter 661 of the Laws of 1993 exempted the City of Hornell from the
provisions of Article 4 of the General City Law.
[Added 6-27-1994 by L.L. No. 2-1994]
The Board of Overseers shall have the following powers and duties:
A.
To meet at regular intervals and as requested by the
Superintendent of Public Works or any two members of the Board.
B.
To have jurisdiction over and to examine all persons
desiring or intending to engage in the trade, business or calling of plumbing
as discussed herein.
C.
To issue certificates of examination to all persons who
shall have passed the examinations as required herein and to issue certificates
of experience to all persons who shall meet the qualifications and requisites
promulgated by the Board and as further set forth herein.
D.
To formulate administrative rules regulating the work
of plumbing and drainage and to set additional qualifications as deemed necessary.
The plumbing and drainage of all buildings, both public and private,
in the city shall be executed in accordance with the rules and regulations
adopted by the Board of Overseers [1] in conjunction with the Board of Health for plumbing and drainage,
and all repairs and alterations in the plumbing and drainage of all buildings
heretofore constructed shall also be executed in accordance with such rules
and regulations; but this section shall not be construed to repeal any existing
provision of law requiring plans for the plumbing and drainage of new buildings
to be filed with the Local Board of Health and to be previously approved,
in writing, by such Board of Health and to be executed in accordance therewith,
except that, in case of any conflict with such plans, rules and regulations
of the Board of Overseers, the latter shall govern.
[1]
Editor's Note: The words "Local Board of Examining Plumbers"
have been changed here and throughout this chapter, at the request of the
city, to "Board of Overseers," in accordance with L.L. No. 2-1994.
[Amended 12-28-1992 by L.L. No. 4-1992]
A.
In the event of any conflict between this chapter and
the plumbing standards of the New York State Uniform Fire Prevention and Building
Code, the provisions of this chapter shall remain in full force and effect.
B.
In the event of any conflict between this chapter and
the plumbing standards of the New York State Uniform Fire Prevention and Building
Code, the terms, conditions and requirements which are the most restrictive
shall take precedence and apply.
C.
Nothing contained herein shall be deemed to impair any
provision of state law to the extent such law is applicable.
[Added 6-27-1994 by L.L. No. 2-1994]
The definitions given herein deal only with certain terms used in this
chapter in the sense that they are used herein. These definitions are not
of a general nature and are not generally applicable beyond the sense used
in this chapter.
Acceptable to or accepted by the Inspector of Plumbing.
The "branch" of any system of piping is that part of the system which
extends horizontally at a slight grade, with or without lateral or vertical
extensions or vertical arms, from the main to receive fixture outlets not
directly connected to the main.
A branch leading from a soil, waste or vent house drain or house
sewer which is terminated at a developed distance of two feet or more by means
of a cap, plug or other fitting not used for admitting water to the pipe.
A person who holds title to and resides in a residential dwelling.
[Added 6-27-1994 by L.L. No. 2-1994]
That part of the lowest horizontal piping of a house drainage system
which receives the discharge from soil, waste and other drainage pipes inside
the walls of any building and conveys the same to the house sewer beginning
five feet outside of the inner face of the building wall.
That part of the horizontal piping of a house drainage system extending
from the house drain five feet outside of the inner face of the building wall
to its connection with the public sewer or private disposal plant and conveying
the drainage of but one building site.
A water supply connection to a fixture or a drainage, soil or waste
pipe so installed that the contents of the fixture or the drain may enter
the water supply line.
A plumber who has completed an approved apprenticeship program registered
with the United States Department of Labor or the New York State Department
of Labor or who has had five years' experience under the supervision
of the master plumber.
[Added 6-27-1994 by L.L. No. 2-1994]
A person who supplies labor under a plumbing contract which does
not entail laying or connecting of pipes or any job for which a knowledge
of plumbing is required. Such labor shall include but not be limited to digging,
lifting, driving, carrying, etc.
[Added 6-27-1994 by L.L. No. 2-1994]
A pipe through which foul air is removed from a room or fixture.
That part of any system of horizontal, vertical or continuous piping
which receives the waste, vent or back vents from fixture outlets or traps,
directly or through branch pipes.
Individual, sole proprietor, partnership or corporation.
[Added 6-27-1994 by L.L. No. 2-1994]
The art of installing in buildings the pipes, fixtures and other
apparatus for bringing in the water supply and removing liquid and water-carried
wastes.
Receptacles intended to receive and discharge water, liquid or water-carried
wastes into a drainage system with which they are connected.
Includes the water supply distributing pipes, the fixtures and fixture
traps, the soil, waste and vent pipes, the house drain and the stormwater
drainage, with their devices, appurtenances and connections, all within or
adjacent to the building.
One from a fixture which is not directly connected to a drain, soil,
vent or waste pipe.
A program registered with the United States Department of Labor or
the New York State Department of Labor.
[Added 6-27-1994 by L.L. No. 2-1994]
A plumber registered in accordance with the provisions hereof.
[Added 6-27-1994 by L.L. No. 2-1994]
The given caliber or "size" of a pipe is for a nominal internal diameter,
except that, other than iron pipe size, tubing is measured by its outside
diameter. The developed "length" of a pipe is its length along the center
line of pipe and fittings.
Any pipe which conveys the discharge of water closets, with or without
the discharge from other fixtures, to the house drain.
A general term for any vertical line of soil, waste or vent piping.
A fitting or device so constructed as to prevent the passage of air
or gas through a pipe without materially affecting the flow of sewage or wastewater
through it.
The vertical distance between the crown weir and the dip of the trap.
Any pipe provided to ventilate the plumbing system and to prevent
trap siphonage and back pressure.
A "waste pipe" is any pipe which receives the discharge of any fixture,
except water closets and urinals, and conveys the same to the house drain
or soil or waste stacks. When such pipe does not connect directly with a house
drain or soil stack, it is termed a "special waste."
Those which convey water from the service pipe to the plumbing fixtures.
That pipe from the water main to the building served.
[Added 6-27-1994 by L.L. No. 2-1994]
A.
Except as provided in § 228-4.5, no person shall engage in the trade, business or calling of plumbing unless he shall first apply for registration with the City of Hornell. Such application for registration shall consist of name, home address (if any), home telephone number (if any), business address (if any), business telephone number (if any) and a summary of the experience and credentials of each prospective registrant.
B.
No application for registration shall be accepted unless
the prospective registrant shall file, together with the aforesaid information,
a valid certificate of examination or a valid certificate of experience issued
by the Board of Overseers, pursuant to the provisions of this chapter.
C.
A registration must be renewed annually and shall be
nontransferable.
D.
A homeowner in residence may not hire any persons under
the provisions of this chapter to circumvent the mandatory registration provisions
hereof.
[Added 6-27-1994 by L.L. No. 2-1994]
A.
No person shall undertake a plumbing contract or job
in the City of Hornell unless a valid permit is issued by the Code Enforcement
Office and is in full force and effect during the execution of said contract
or job.
B.
Except as provided in § 228-4.5, no permit shall be issued unless each and every person who will work under such permit contract or on such job will be directly supervised by a registered plumber.
C.
No permit shall be issued unless and until a plumber
shall first obtain and provide proof of insurance in an amount acceptable
to the City Attorney. Said insurance shall consist of general liability insurance,
workers' compensation insurance and disability insurance as required
by law. All policies of insurance shall remain in full force and effect during
the effective period of the permit. A lapse in any required policy of insurance
shall subject a permit or registration to revocation.
[Added 6-27-1994 by L.L. No. 2-1994]
A.
The Board of Overseers shall examine or cause to have
examined all qualified applicants desiring to obtain a certificate of examination.
The Board shall issue a certificate of examination to any person who takes
said examination and achieves a passing score.
B.
The Board of Overseers shall issue a certificate of experience
to any person who was a licensed plumber in good standing under the provisions
of Article 4 of the General City Law on or before the enactment of L.L. No.
2-1994. [1]
[1]
Editor's Note: Local Law No. 2-1994, appearing in this chapter,
was adopted under the authority of Ch. 661 of the Laws of 1993, which exempted
the City of Hornell from the provisions of Article 4 of the General City Law.
C.
The Board of Overseers may issue a certificate of experience
to any person who can demonstrate an acceptable level of competence in the
field of plumbing by virtue of his years of experience under the supervision
of a journeyman plumber or a plumber licensed under the provisions of Article
4 of the General City Law on or before the date of enactment of L.L. No. 2-1994.
The issuance of a certificate of experience under this subsection is wholly
within the discretion of the Board. In no event shall a certificate of experience
be issued unless a plumber has at least five years of experience in the field
of plumbing.
[Added 6-27-1994 by L.L. No. 2-1994]
A.
The Board of Overseers shall establish the amount which
is to be the annual registration fee to be collected by the City of Hornell
from persons applying for registration under this chapter. Fees shall run
on a calendar-year basis terminating on December 31 of each year. The registration
fee amount may be reviewed annually and amended as the Board deems to be appropriate.
B.
The registration fee shall be a lump sum amount and shall
not prorated for a portion of calendar year, nor shall it be returned in whole
or any part should registration terminate prior to completion of the calendar
year.
[Added 6-27-1994 by L.L. No. 2-1994]
A.
A homeowner in residence may perform plumbing work in
his or her home without registration, provided that the work does not extend
beyond the exterior walls of the structure, excepting that the homeowner in
residence may perform excavations and laying of pipes for water and sewer
services to his residence. In no case shall the homeowner in residence perform
connections to the main sewers or to the city's waterlines.
C.
A laborer shall be exempt from the registration requirements
hereof.
[Added 6-27-1994 by L.L. No. 2-1994]
A.
The city shall appoint a qualified Plumbing Inspector
to conduct inspections on new construction and other plumbing work and for
the purpose of enforcing this chapter and the New York State Uniform Fire
Prevention and Building Code.
B.
Costs of correcting errors pursuant to a follow-up inspection
shall be borne by the plumber who performed the work.
[Added 6-27-1994 by L.L. No. 2-1994]
A.
Any person violating any of the provisions of this chapter
or any rules or regulations of the Department of Health or any provisions
of the Plumbing Code regulating the plumbing and drainage of buildings in
the City of Hornell shall be guilty of a misdemeanor and, on conviction, if
a master or employing plumber, shall in addition forfeit his registration.
B.
Violations of the Plumbing Code shall be prosecuted as
an offense against the law. Upon conviction, the penalty shall be a fine of
not less than $100 nor more than $1,000 for each offense; and further, the
offender shall be compelled to make immediate corrections to the work as necessary
to comply with the Plumbing Code.
[Added 6-27-1994 by L.L. No. 2-1994]
This chapter shall apply to persons who perform plumbing work on sewer
and water mains on the city system, even though such lines may be located
outside of the corporate limits of the City of Hornell.
There shall be appointed as provided by law an Inspector or Inspectors of Plumbing, whose duties, in addition to those prescribed by law and those which may be enjoined or required by the Board of Health, shall be to inspect the construction and alteration of all plumbing work performed in the city and to report, in writing, the results of such inspections to the Board of Health. Said Inspector or Inspectors shall also report in like manner any person engaged in or carrying on the business of employing plumber without having the certificate provided for in Article II of this chapter. Such Inspector or Inspectors shall be citizens and actual residents of the city in which they are appointed, and before entering upon the discharge of their duties as such Inspector or Inspectors, they shall each be required to obtain a certificate of competency from the Board of Overseers.[1]
[1]
Editor's Note: The words "Local Board of Examining Plumbers"
have been changed here and throughout this chapter, at the request of the
city, to "Board of Overseers," in accordance with L.L. No. 2-1994.
Whenever the Plumbing Inspector or other person reports a violation
of any rules and regulations for plumbing and drainage or a deviation from
any officially approved plan or specification for plumbing and drainage filed
with any board or department, the Local Board of Health shall first serve
a notice of the violation thereof upon the master plumber doing the work,
if a registered plumber.
The notice provided for in § 228-6 may be served personally or by mail, and if by mail, it may be addressed to such master plumber at the address registered by him with the Local Board of Health, but the failure of a master plumber to register will relieve the Board of Health from the requirement of giving notice of violation. Unless the violation is removed within three days after the day of serving or mailing such notice, exclusive of the day of serving or mailing, the Board of Health may proceed according to law.
