The Legislature of the County of Rockland hereby
finds that the public health, safety and welfare of the residents
of the County of Rockland can be properly protected only if the installation
of plumbing, plumbing systems, gas piping, heating and air conditioning
equipment and systems, air conditioning, refrigeration, and sheet
metal in dwellings and other structures is undertaken by persons with
necessary skill, experience and training in the plumbing, heating,
air conditioning, refrigeration, and sheet metal field.
For the purpose of this chapter, unless otherwise
indicated by the context, the following terms shall have the meanings
indicated, and all references to the masculine gender shall be interpreted
to mean to include the feminine gender:
AIR CONDITIONING
The process of cooling, cleaning, humidifying, ventilating
and circulating air throughout buildings or structures, private and
public.
BOARD
The Board of Plumbing, Heating, Cooling, Air Conditioning,
Refrigeration, and Sheet Metal Examiners created by this chapter.
BUSINESS RECORD
Any writing or record, whether in the form of an entry in
a book or otherwise, made as a memorandum or record of any act, transaction,
occurrence or event made in the regular course of any business.
AIR-CONDITIONING-REFRIGERATION CONTRACTOR
Includes any person who engages in or carries on the business
of installing, erecting, altering, extending, repairing or maintaining
systems and equipment for the purpose of air-conditioning, refrigerating,
cleaning, humidifying, dehumidifying, ventilating or circulating air
through buildings or structures, private or public.
DIRECTOR
The Director of the Rockland County Department of Weights
and Measures/Office of Consumer Protection.
EXAMINER
A person employed by the County and designated by the Board
to exercise or to discharge, as directed by the Board, the authority
or the duties established by this chapter or by the Board pursuant
to this chapter.
GAS-DISTRIBUTION PIPING
All piping within any buildings, structures or swimming pools,
private and public, that distributes gas used for illumination or
fuel in any building, structure or swimming pool. This includes gas
supplied by a public utility from the house side of the gas meter
and piping, or beyond the gas regulator supplied by a fuel or gas
vendor.
HEATING
The installing, erecting, altering, extending, repairing
or maintaining of any device, system or equipment for heating buildings
or structures, private or public. This definition shall include all
piping carrying gas, liquid propane, oil or water to such heating
equipment, except that portion of piping covered in the plumbing and
gas-distribution system.
HEATING CONTRACTOR
Includes any person who engages in or carries on the business
of heating.
LIQUID PROPANE DISTRIBUTION PIPING
All piping from the house side of the regulator that distributes
gas to all fixtures and apparatus used for illumination or fuel in
any building, structure or swimming pool.
MASTER PLUMBER
Includes any person who engages in or carries on the business
of installing, erecting, altering, extending or repairing or maintaining
piping, fixtures, appliances, equipment and appurtenances in connection
with any of the following: gas-distribution systems, liquid propane
distribution piping, sanitary-drainage or storm-drainage facilities,
the venting system and the public or private water-supply systems
within or adjacent (i.e., to five feet outside buildings or structures,
public or private, for sanitary-drainage or storm-drainage facilities;
or, from the curb valve to buildings or structures, public or private,
for public water supply systems) to any building or structure.
PERSON
Includes an individual, firm, company, partnership, limited-liability
company, corporation or other legal entity.
PLUMBING
The practice, materials and fixtures used in the installation,
maintenance, extension and alteration of all piping fixtures, appliances
(including water heaters, water treatment equipment, water filters,
water softeners, water conditioners, dishwashers, laundry washers,
laundry dryers, water-service pipelines, water-using equipment, fire
sprinklers, fire standpipes, fire hydrants, control valves or devices,
check valves, any similar appliances, and any combinations of or connections
made to them or similar appliances), equipment and the appurtenances
in connection with any of the following: gas-distribution system,
swimming pool heaters, backflow prevention devices, sanitary-drainage
or storm-drainage facilities, the venting system and the public or
private water-supply systems within or adjacent (i.e., to five feet
outside buildings or structures, public or private, for sanitary-drainage
or storm-drainage facilities; or, from the curb valve to buildings
or structures, public or private, for public water supply systems)
to any building or structure.
PLUMBING SYSTEMS
The water supply and distribution pipes; plumbing fixtures
and traps, soil, waste and vent pipes; building house drains and building
house sewers, including their respective connections, devices and
appurtenances within the property lines of the premises; and water-treating
or water-using equipment.
REFRIGERATION
The process by which any product or substance is cooled to
or below, or maintained at or below, 55 F.
REFRIGERATION CONTRACTOR
Includes any person who engages in or carries on the business
of installing, erecting, altering, extending, repairing, or maintaining
any device, system, or equipment for refrigeration in buildings or
structures, private or public.
SHEET METAL
Ducts, devices, systems, or equipment made of sheet metal
or similar material and intended or used for the distribution of air
or any other substance to heat, cool, air condition, clean, humidify,
dehumidify, ventilate, or circulate air through a space.
SHEET METAL CONTRACTOR
Includes any person who engages in or carries on the business
of installing, erecting, altering, extending, repairing, or maintaining
sheet metal in buildings or structures, private or public
SHELVE
The voluntary placement in inactive status by an individual
of a license or any combination of licenses issued pursuant to this
chapter. No individual whose license is shelved shall maintain, conduct,
operate, advertise, engage in or transact a business or activity for
which a license is required by this chapter.
SWIMMING POOL
Any structure, basin, chamber or tank containing water for
swimming, diving or bathing and all receptacles used for decorative
purposes, if directly connected to a potable water supply system or
sanitary drain.
The Board shall have the following powers and
duties in addition to those elsewhere prescribed in this chapter:
A. To hold meetings at the call of the Chairman and at
such other times as the Board may determine when necessary or desirable
for the efficient discharge of the business of the Board. All meetings
of such Board shall be open to the public. Such Board shall keep minutes
of its proceedings, showing the vote of each member upon every question
or, if absent or failing to vote, indicating such fact, and shall
also keep records of its examination and other official actions. Every
rule, regulation, every amendment or appeal thereof, and every decision
or determination of the Board shall immediately be filed in the office
of the Clerk to the Legislature of the County of Rockland and shall
be public record.
B. To set all fees relating to examinations and licenses
provided for or required by this chapter.
C. To examine into the qualifications and fitness of
applicants for or users of licenses under this chapter.
D. To grant and issue licenses or any combination thereof,
or utilization thereof, required or permitted by this chapter, to
applicants possessing the requisite qualifications.
E. To suspend or revoke licenses for cause as prescribed
in this chapter or state law. The Board may issue and cause to be
served subpoenas requiring the attendance of witnesses and the production
of books and papers pertinent to any hearing held by it pursuant to
this chapter.
F. To keep records of all licenses issued, suspended
or revoked by it and to make such records available for public inspections,
the same to be filed in the office of the Clerk to the Legislature
of Rockland County.
G. To prepare a manual of its rules and regulations for
the conduct of examinations and to furnish copies thereof to persons
desiring the same upon payment of a fee as prescribed by the Board.
H. To adopt rules and regulations in respect to procedure
before it and in respect to any subject matter where it has jurisdiction
under this chapter or any other law after a public hearing by the
Board and subject to the approval of the Legislature of Rockland County.
Upon adoption and approval of such rules and regulations they shall
be duly filed with the Clerk to the Legislature of Rockland County.
I. To make recommendations to the County Legislature
regarding any business, activity, license, or other matter which is
the subject of this chapter or of regulations adopted pursuant to
this chapter.
J. The Board shall employ examiners, inspectors, experts,
clerks and a secretary, subject to the appropriations that may be
made therefor by the Legislature of Rockland County. Said employees
shall be appointed by the County Executive and shall report to the
Director of Weights and Measures on a day-to-day operational basis.
The Rockland County Legislature is hereby authorized and empowered
to make such appropriation as it may see fit for such expenses, less
fees, if any, collected pursuant to the licensing required by this
chapter.
K. The Board may from time to time adopt and revise rules
and regulations prescribing and enforcing present and future continuing
education for licensees, applicants for licenses, and users of licenses,
or combinations thereof, required or permitted by this chapter.
The Board may issue any license, renew any license,
and renew any shelved license or any combination of licenses required
or permitted by this chapter. Any person who is validly licensed or
whose license or combination of licenses was shelved and subsequently
renewed may, unless such license shall have been suspended, further
shelved, or revoked, engage, during the period ending the 31st day
of December of the year in which such license was issued, in any business
or activity for which such license is required by this chapter. Application
for renewal of the license is to be made 30 calendar days prior to
the expiration date of the license, and shall be accompanied by the
required fee set forth in the rules and regulations. All applications
for renewal of a license shall be accompanied by the required renewal
fee. The Board may, upon application by the individual to whom any
license or combination of licenses is issued, shelve any license or
any combination of licenses. Application for shelving or the renewal
of a shelved license is to be made 30 calendar days prior to the expiration
date of the license and shall be accompanied by the required fee set
forth in the rules and regulations. Reactivation of a shelved license
shall require 30 days' written notice to the Board. Renewal of license
or renewal of shelved license shall be annually.
All applications for licenses and for utilization
of licenses shall be submitted on forms furnished by and in a manner
prescribed by the Board and shall be accompanied by payment of a fee,
not refundable under any circumstances (including failure to pass
an examination), in an amount established by the Board. Each application
for a license and each application for utilization of a license shall
set forth the name, residence address and business address of each
applicant (including, in the case of a joint application for utilization
of a license, the name, residence address and business address of
the individual signing and authorized to sign such application on
behalf of a partnership, limited-liability company, or corporation)
and such information pertaining to qualifications for the license
or utilization of the of license as the Board may require.
The Board, at its discretion, may issue licenses
without examination to individuals licensed by other political subdivisions
of the State of New York outside Rockland County, provided that, in
the judgment of the Board, the qualifications required for such licenses
by such other political subdivisions are substantially similar to
those required by or permitted pursuant to this chapter, and provided
further that such political subdivision would similarly issue a license
without examination to an individual with such qualifications licensed
in Rockland County.
Nothing contained herein shall be construed
to obviate the necessity of procuring a permit or license to engage
in or transact business or activity for which a license is required
by this chapter, whenever such permit or license is required by statute,
local law, resolution, building code or ordinance of any political
subdivision of the State of New York to engage in or transact such
business or activity in such political subdivision.
All business and activity for which a license
is required by this chapter, engaged in or transacted within the County
of Rockland shall be engaged in or transacted in conformity with the
provisions of this chapter and of any other applicable statute, local
law, resolution, ordinance or building code pertaining thereto.
All fees, fines, and other funds received by
the Board pursuant to this chapter or regulations adopted pursuant
to this chapter shall be delivered to the Commissioner of Finance
by the Board within 10 days after they are received. They shall be
deposited by such Commissioner and shall, along with all disbursements,
be recorded in such manner as to be identified as "Board of Plumbing,
Heating, Air Conditioning, Refrigeration, and Sheet Metal Examiners
funds." All disbursements herein provided for or which may hereafter
be directed to be made for the purpose of carrying out this chapter
shall be made from and charged to such fund.
[Amended 8-7-2007 by L.L. No. 10-2007]
A. Any willful or negligent failure by any person to comply with the provisions of §
319-3 hereof shall constitute a Class A misdemeanor, punishable by a fine not exceeding $1,000 or imprisonment for a period not exceeding one year, or by both such fine and imprisonment. The continuation of an offense shall constitute a separate and distinct misdemeanor hereunder for each day the offense is continued.
B. Any person who, with intent to defraud or deceive,
knowingly makes a false statement in any application pertaining to
any license under this chapter, or in any proof or instrument, or
in connection therewith, shall be guilty of a Class A misdemeanor
and, upon conviction thereof, shall be punishable by a fine not exceeding
$1,000 or by imprisonment for a period not to exceed one year, or
both.
C. Any willful or negligent failure by any person to
comply with other sections of this chapter shall constitute a violation
and shall be punishable by a fine not exceeding $250 or imprisonment
for a period not to exceed 15 days, or by both such fine and imprisonment.
The continuation of an offense shall constitute a separate and distinct
violation hereunder for each day the offense is continued.
D. The Director, as designated herein, and his designees
shall have the power to issue appearance tickets as the same are defined
in Article 150 of the Criminal Procedure Law.
E. An administrative notice of violation assessing a
civil penalty not to exceed $3,000 for any willful or negligent failure
by any person to comply with any provision of this chapter may be
issued by the Director, as designated herein, or his designees and
sent by certified, registered, or ordinary mail to the person who
has failed to comply. Each failure to comply with one or more separate
and distinct provisions of this chapter shall constitute a separate
and distinct failure to comply, for each of which the Director or
his designees may issue a separate and distinct administrative notice
of violation assessing a civil penalty not to exceed $3,000. The continuation
of any failure to comply shall constitute a separate and distinct
failure to comply for each day the failure is continued. The Director
may, with the approval of the County Executive, commence a civil action
in any court of competent jurisdiction to collect any civil penalty
assessed pursuant to this subsection that remains unpaid for more
than 30 days after the mailing of the notice of violation.
F. Nothing herein contained shall prevent the Director, as designated herein, his designees, the examiner, the Board, or other employee of the County designated by the Board, from proceeding to enforce the requirements of this chapter by any one or any combination, successively or simultaneously, of the following: criminal proceedings as provided in Subsections
A,
B,
C, and
D of this section; civil penalty as provided in Subsection
E of this section; or civil action for injunctive, declaratory, monetary, or other relief.
G. The Board may suspend, revoke, or refuse to issue,
refuse to renew or reactivate, or refuse to permit the utilization
of or shelving of a license by any person who has failed to pay any
fine or civil penalty imposed pursuant to this chapter.
All persons licensed by this chapter shall be
required to secure insurance to protect their employees and to protect
all persons from personal injury and property damage that could occur,
directly or indirectly, as a result of any activity for which a license
is required by this chapter. Such insurance must include worker's
compensation, disability, liability, proof of completed operations
insurance and property damage coverage in the amount of $500,000.
This chapter shall not be construed to relieve
from nor lessen the responsibility of any master plumbing or heating
or air conditioning or refrigeration or sheet metal contractor, or
any combination thereof, for any loss of life or damage to personal
property, nor shall the County of Rockland be deemed to have assumed
any such liability by reason of any license issued pursuant to this
chapter.
The provisions of this chapter shall not apply
to activity for which a license is otherwise required pursuant to
this chapter if such activity is performed pursuant to a contract
with any federal agency or performed by employees of New York State
or of New York municipal corporations with civil service status directly
for the state or municipal corporation.
If any part of this chapter, or the application
thereof to any person or circumstances, shall be judged invalid by
any court of competent jurisdiction, such judgment shall be confined
in its operation to the parts of the provision directly involved in
the controversy in which such judgment shall have been rendered and
shall not affect or impair the validity of the remainder of this chapter
or the application thereof to any other persons or circumstances.
All rules and regulations in effect at the time
this chapter takes effect are hereby ratified and reapproved, and
shall remain in full force and effect unless and until they are amended
pursuant to this chapter.