This article shall be known as the "Plumbing
Code of the State of New York" as amended and revised.
All matters concerning, affecting or relating
to the installation, alteration or removal of plumbing and plumbing
systems are presumptively provided for in this article except insofar
as such provisions are contained in the Town Law, the Labor Law, the
State Code of the State of New York or the rules promulgated in accordance
with the provisions of this article by the Chief Building Inspector.
This code is hereby declared to be remedial
and shall be construed liberally to secure the beneficial interests
and purposes thereof.
No plumbing or drainage or other equipment of
any building, structure or premises, so far as provided for in this
code, shall be constructed or altered in the Town of North Hempstead,
except in conformity with the provisions of this code. No building
already erected or hereafter to be built in said Town shall be altered
in any manner that would be in violation of any of the provisions
of this code, or any rule of the Chief Building Inspector, made and
issued thereunder.
All work of plumbing and drainage in the Town
of North Hempstead shall be performed by or under the supervision
of an employing or master plumber holding a certificate of competency
or license issued by the Examining Board of Plumbers of the Town of
North Hempstead.
A. This will not prohibit the employees of any special
water district of the Town of North Hempstead from making water service
line connections to property lines or buildings.
B. This will also not prohibit the owner of a residence
building occupied or to be occupied by himself and family from installing
plumbing in said building, provided that application is made and a
permit is issued for said installation and the work is done strictly
in accordance with the provisions of this article.
Unless otherwise expressly stated, the following
terms shall, for the purposes of this article, have the meanings herein
indicated:
A. Word usage. Words used in the present tense include
the future; words in the masculine gender include the feminine and
neuter; the singular number includes the plural and the plural the
singular; the word "person" includes a corporation as well as an individual;
"writing" includes printing and printed or typewritten matter; "oath"
includes affirmation; "signature" or "subscription" includes "mark"
when the person cannot write, his name being written near it.
B. Definitions.
EXAMINING BOARD OF PLUMBERS
Any body of citizens, not exceeding three in number, who
may be appointed by the Town Board for that purpose.
HOUSE DRAIN
That part of the main horizontal drain and its branches inside
of the wall of a building, vault or area and extending to and connecting
with the house sewer.
HOUSE SEWER
That part of the main drain or sewer extending from a point
two feet outside of the outer front wall of the building, vault or
area to its connection with a public sewer, private sewer or cesspool
and septic tank.
JOURNEYMAN PLUMBER
A person in the employ of or working under the supervision
of a master plumber as defined in this section, who does the actual
work of installing, setting up or putting together plumbing fixtures,
pipes or appurtenances, which are connected or are to be connected
with the sewerage system of a building or structure, or who does the
actual work of connecting such plumbing fixtures, pipes or appurtenances
with a sewerage system. It shall not include apprentices or helpers
who work in the presence of and under the direct supervision of a
"journeyman plumber."
MASTER or EMPLOYING PLUMBER
A person established in the plumbing business as an individual,
member of a partnership or officer of a corporation, at a definite
address within the County of Nassau, who has been duly licensed pursuant
to the provisions of this code and engaged by contract or otherwise
in the work of installing, setting up or putting together any plumbing
fixtures, pipes or appurtenances of any kind, which are connected
or are to be connected with the sewerage system of a building or in
the work of connecting such plumbing fixtures, pipes or appurtenances
with a sewerage system.
[Amended 8-26-1969]
PLUMBING FIXTURES
Receptacles intended to receive and discharge water, liquid
or water carried waste into drainage systems with which they are connected.
PRIVATE SEWER
Main sewers that are not constructed by and under the supervision
of the Town.
SOIL LINE
Any vertical line of pipe having outlets above the floor
of the first story for water closet connections.
VENT PIPE
Any special pipe provided to ventilate a system of piping
and to prevent trap siphonage and back pressure.
WASTE LINE
(1)
Any vertical line of pipe having outlets above
the floor of a first story for water closet connections.
(2)
Any vertical line of pipe having outlets above
the first floor for fixtures other than water closets.
C. Plumbing and plumbing systems as defined by state
law. The plumbing system of a building or property includes the water
supply distribution and sewer lines and the water service pipes both
hot and cold, the fixtures and fixture traps, the soil, waste vent
or supply pipes, the house drains, the storm sewer together with all
their devices and appurtenances and the connections all with or adjacent
to the building or property.
D. Any term not defined herein but defined in the State
Building Code or in the Town Zoning Ordinance, shall be construed
for the purpose of this code as so defined.
[Amended 2-18-1969; 8-26-1969; 10-21-1969; 8-13-1991 by L.L. No.
11-1991; 11-10-1992 by L.L. No. 9-1992; 4-11-2006 by L.L. No. 5-2006; 6-5-2018 by L.L. No. 5-2018]
A. Appointment.
Immediately upon the adoption of this ordinance a committee of three
plumbers shall be appointed an Examining Board of Plumbers for the
term of three years, two years and one year, respectively, and thereafter
their successors shall be appointed annually for the full term of
three years. Members of the Board shall be master or journeyman plumbers
who shall have had not less than 10 years' practical experience in
the plumbing trade. Each member of such Examining Board of Plumbers
shall receive such compensation as the Town Board may determine for
each day actually and necessarily spent in the work of this Board,
not to exceed four in one calendar month.
B. Meetings.
The Board shall meet at the call of the Chairman. Notice of a meeting
of the Board shall be given by phone, email or by mailing notice of
the time and place of the meeting, addressed to each member at his
last post office address, at least five days before the time of such
meeting.
C. Regulations.
The Board shall make rules and regulations for the conduct of its
business as an Examining Board.
D. Qualifications of plumbers. No person shall engage in the business of plumbing within the Town of North Hempstead until he or she shall obtain a certificate of competency or license from the Examining Board of Plumbers mentioned in Subsection
A of this section.
E. Application
for examination. Persons applying for a certificate to engage in the
business of master or employing plumber shall 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.
All applications must be under oath.
F. Each
applicant shall be required to furnish vouchers from two persons,
who shall sign under oath on forms prescribed by the Board, certifying
to the time the applicant has been employed by them as journeyman
plumber or the period of time they have known such applicant as master
or employing plumber.
G. Any
person desiring a master plumber's license shall apply, in writing,
to the Examining Board of Plumbers, which Board shall arrange for
an examination of such applicant.
H. The
Board shall refuse to receive an application from any person who may
be unlawfully engaged in business as a master or employing plumber.
I. All
applications shall expire and be canceled after a period of one year
if the applicant does not appear for examination or reexamination
within that period.
J. Examination
will be required for each applicant, with the exception of the following:
(1) Where the applicant, at the time of making the application, maintains
a principal place of business within the County of Nassau or the County
of Suffolk and has been duly licensed as a master plumber by a municipality
within the County of Nassau with whom the Town of North Hempstead
has entered into a reciprocity agreement. Such applicant shall, however,
file with the Board the required application, together with a certificate
of competency and a certified copy of a currently valid master plumber's
license. Upon approval of the application such applicant shall be
considered a duly licensed master plumber within the Town of North
Hempstead.
[Amended 10-13-2022 by L.L. No. 16-2022]
(2) Examination shall be waived for applicants who are currently a duly
licensed master or employing plumber in any other municipality in
the State of New York, and who submit a certified copy of a certificate
of competency issued by the Examining Board of Plumbers in such municipality,
and who maintain a principal place of business in such municipality,
provided that such municipality has signified, in writing, its willingness
to reciprocate in like manner with the Examining Board of Plumbers
of the Town of North Hempstead. Such applicant shall receive a license
only. No certificate of competency shall be issued to any applicants
unless they have been examined by the Examining Board of Plumbers
of the Town of North Hempstead.
K. Experience.
No person shall be examined unless he or she shall have had at least
five years' experience as a journeyman plumber and is able to furnish
satisfactory evidence of such fact. No application will be received
from any person who does not furnish proof of the legal authorization
to work in the United States.
[Amended 5-20-2021 by L.L. No. 10-2021; 12-16-2021 by L.L. No. 28-2021]
L. Examinations.
The examination 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 and
be planned to determine the applicant's fitness and qualifications
to engage in the business of master or employing plumber.
M. The
time of holding the examination shall be left to the discretion of
the Board. Ample notice shall be given to the applicants.
N. Persons
who pass the tests as prescribed by the Board shall be eligible to
receive a certificate of competency as master or employing plumber.
A person who fails in the practical test shall not be eligible for
another test until the expiration of three months; should he or she
fail in the second test, he or she will not be eligible for a third
test until the expiration of six months; and failing in the third
test, he or she will not be eligible for a fourth test until the expiration
of one year. An applicant who fails in the written examinations shall
not be eligible for reexamination until the expiration of one month;
should he or she fail in the second examination, he or she will not
be eligible for another examination until the expiration of three
months; should he fail in the third examination, he or she will not
be eligible for another examination until the expiration of six months;
and should he or she fail in the fourth examination, he will not be
eligible for another examination until the expiration of one year.
O. Fitness
of applicant. Before issuing a certificate to engage in the business
of master or employing plumber, the Board shall inquire into the applicant's
fitness and qualifications for conducting such business and may require
the applicant to submit under oath such evidence, in addition to the
examinations and tests hereinbefore provided, as will satisfy the
Board that he or she is a person of good repute, character and responsibility
and otherwise qualified to engage in business as a master or employing
plumber.
P. Fees.
Each applicant for a master plumber's license, except as may be otherwise
provided by reciprocity agreement with other municipalities within
the County of Nassau, shall pay a fee in the amount indicated in the
Town of North Hempstead Fee Schedule.
Q. Applications
for renewal of licenses shall be filed during the month of December
in the year in which the license expires with the Examining Board,
together with such verification of the plumbing work performed under
the authority of the prior license as the Board may require to determine
the continuing competency of the licensee. Renewals shall be for periods
of up to three years from January 1. The fee for license renewals
shall be paid in accordance with the Town of North Hempstead Fee Schedule.
R. Any
licensed plumber who has not secured a renewal by the first of March
of each year following the year in which the license expires shall
be required to make a new application and be reexamined and pay the
fee shown in the Town of North Hempstead Fee Schedule for each such
examination and license.
S. Duplicate
certificates.
(1) In case a certificate of competency is lost by the holder thereof,
the Board may issue a duplicate. 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
a duplicate certificate of competency or a certificate of record shall
be the amount stated in the Town of North Hempstead Fee Schedule.
(2) In case the sticker required to be affixed to a vehicle operated
by a licensed plumber in the course of business shall be lost by the
holder thereof or in case additional stickers shall be required, the
Board may issue duplicate or additional vehicle stickers for the fee
shown in the Town of North Hempstead Fee Schedule.
T. Insurance.
Every master plumber shall file with the Examining Board of Plumbers,
before beginning operations under the license, a certificate of insurance
as evidence of public liability insurance which shall contain amounts
of $100,000/$300,000 bodily injury and not less than $25,000 property
damage. Such certificate of insurance shall be issued to the Town
of North Hempstead and shall contain a provision that no policy cancellation
or material modification to such policy shall be made except on at
least 15 days' prior written notice by certified mail to the Town.
The required insurance shall be obtained from an insurance company
authorized to do business in the State of New York. In the event that
the required insurance shall be canceled, not renewed or materially
modified with the result that the required insurance is not in effect,
the Town may direct the master plumber to suspend work.
U. Suspension
and revocation of licenses.
(1) Subject to compliance with the requirements stated in Subsections
U(2) and
(3) below, the Commissioner of Buildings may revoke (or suspend for a period of up to one year) a certificate of competency or license granted under the provisions of this article for any of the following reasons:
(a)
Failure to file an application for a permit prior to the installation
of plumbing work; or
(b)
Failure to take the required action called for upon receipt
of a violation notice; or
(c)
Performance of plumbing work in violation of the requirements
of this Chapter; or
(d)
Renting or lending a license to a third party; or
[Amended 9-6-2018 by L.L.
No. 7-2018]
(e)
Being convicted of a felony; or
(f)
Altering or defacing a certificate of inspection or approval;
or
(g)
Filing an application to perform plumbing work for a person
not licensed by the Town of North Hempstead.
(2) Any suspension or revocation pursuant to Subsection
U(1) above may only be effected after a hearing by the Examining Board of Plumbers on the proposed suspension or revocation. The notice of hearing shall state the date, time and location of the hearing and the reasons [as stated in Subsection
U(1) above] forming the basis for the proposed revocation or suspension. The notice of hearing shall be served either personally or by certified mail, return receipt requested, to the licensee's last known address at least 10 days prior to the hearing. The licensee shall have an opportunity to appear and be heard in relation to the proposed revocation or suspension, and may be represented by counsel. Minutes of the hearing shall be transcribed by a court reporter. The Commissioner of Buildings shall attend the hearing. The hearing shall be considered a "quasi-judicial proceeding" for purposes of Article 7 of the New York Public Officers Law.
(3) Within 10 days of the hearing, the Examining Board of Plumbers shall
present the Commissioner of Buildings with its recommendations as
to whether to suspend or revoke the certificate of competency or license.
Upon receipt of the recommendations, the Commissioner of Buildings
may either accept or reject the Examining Board of Plumbers' recommendations
and revoke or suspend the certificate of competency or license. The
revocation or suspension shall be effectuated by notice to the licensee
by personal service or by certified mail, return receipt requested.
All sections or parts of sections of the Multiple
Dwelling Law relating to plumbing and drainage of multiple dwellings
are to be observed and are hereby made a part of these rules and regulations.
The Chief Building Inspector may require the
entire plumbing and drainage system within the building to be tested
under a water test by the plumber in the presence of the Chief Building
Inspector or such agent as he may appoint for that purpose. All pipes
must remain uncovered in every part until they have successfully passed
the test. The plumber must securely close all openings, as directed
by the Chief Building Inspector. The use of wooden plugs for this
purpose is prohibited. The water test will be applied by closing the
lower end of the main house drain and filling the pipes to the highest
opening above the roof with water. The water test shall include, at
one time, the house drain and branches, all vertical and horizontal
soil, waste and vent lines and all branches therefrom to a point above
the surface of a finished floor and beyond the finished face of walls
and partitions. If the drain or any part of the system is to be tested
separately, there must be a head of water of at least six feet above
all parts of the work so tested, and special provision must be made
for including all joints and connections in at least one test.
When it is necessary to use a sump system and
sewage lift to receive the discharge from the waste or soil connection
of fixtures, the same shall be arranged to be accessible. If discharged
with compressed air, it shall be connected to the house drain on the
sewer side of all leader or area drain traps and fixture connections,
or may be connected to the house drain on the sewer side of the house
trap. A separate trap and fresh air inlet must be provided on the
inlet side of the sump and a four-inch pipe continued from drain discharging
into sump up to and above roof for purposes of ventilation. Relief
pipes must be provided on sewage receptacles of sumps. Traps of fixtures
connected to sump systems must not be vented to vent lines which are
used to ventilate traps of fixtures on gravity system. Sump systems
should be entirely separate both as to discharge and venting from
rest of plumbing system in buildings.