[Adopted 10-6-2014 by L.L. No. 9-2014[1]]
[1]
Editor's Note: This local law was adopted as Ch. 109B
but was renumbered to maintain the organizational structure of the
Code.
No person shall, within the limits of the Incorporated Village
of Stewart Manor, engage in, carry on or work at the business of home
improvement and/or plumbing without first having obtained and paid
for, and having in full force and effect, a license as herein provided.
All persons seeking a plumbing license shall file the following
with the Village Clerk:
A.
Plumbing license application, fully completed, signed and notarized;
B.
Current certificate of workers' compensation insurance or an
affidavit of no help in a form acceptable to the Village Clerk;
C.
Certificate of liability insurance naming the Incorporated Village
of Stewart Manor as an additional insured and certificate holder,
with limits of no less than $1,000,000 per occurrence;
D.
A copy of a current plumber's license issued by either the Town
of Hempstead, the Town of North Hempstead or the Town of Oyster Bay;
E.
With respect to new licenses, a copy of a certificate of competency;
and
Upon the filing of the items as required herein, and the payment to the Village of the license fee herein provided, the Village Clerk shall, except as herein provided, issue to the applicant a license to engage in or perform the work provided in § 108-18. All licenses shall be numbered in the order in which they are issued and shall state clearly the name and address of the licensee and the fee paid.
Every plumber shall pay an initial license fee and yearly renewal
fee as provided by resolution of the Board of Trustees. All licenses
shall be issued as of January 1 and shall continue in force for up
to one year, unless sooner revoked by the Village Clerk. No license
or certificate shall be used by any person other than the original
licensee or person to whom it was issued, and any holder of such license
or certificate who permits it to be used by any other person, and
any person who uses such license or certificate granted to any other
person, shall each be guilty of a violation of this article.
Before a license shall be issued or renewed, every plumber shall make, execute and deliver to the Village Clerk a certificate of insurance naming the Incorporated Village of Stewart Manor as an additional insured and certificate holder on a general liability policy, with coverage limits as provided in § 108-19 insuring against damages imposed by law from insurance companies authorized to do such business in the State of New York. Such insurance shall protect the Village against all loss or damage occasioned by the negligence of plumber or his agents, servants, employees or representatives in failing to execute properly and protect all work done by him or his agents, servants, employees or representatives or under his direction or supervision, and from all loss or damage occasioned by or arising in any manner from any such work done, which is not caused by the negligence of such Village or its agents or employees. This certificate of insurance shall provide that the policies shall not be changed or canceled until 30 days' written notice has been given to the Village. In addition, a current certificate of workers' compensation insurance or an affidavit of no help, in a form acceptable to the Village Clerk, must be provided.
Any license may be revoked at any time by the Building Department
if the licensee or any person performing any work under his jurisdiction
willfully violates any ordinance or law relating to plumbing or is
responsible for any plumbing installation which is a hazard to life
or property. Whenever any license shall be so revoked, no refund of
any unearned portion of the fee for said license shall be made. No
license shall be granted to a person whose license has been revoked
within a period of 30 days from the date of such revocation. Notice
of such revocation and the reason or reasons therefor, in writing,
shall be served by the Building Department or Village Clerk upon the
person named in the application, and a copy shall be filed with the
Village Clerk.
A.
No person shall carry on the business at or from any other place
than the one designated in the license therefor without first having
notified the Village Clerk of the change and having had the same endorsed
on the license; nor shall be continue to carry on or work at such
business after the license has been revoked or has expired.
B.
No license shall be granted to a person under 21 years of age.
A.
Any person, association, firm or corporation which violates any provision
of this article or assists in the violation of any provision of this
article shall be guilty of a violation of this article only and shall
be punishable as follows:
(1)
By a fine of not more than $2,000 or by imprisonment for a period
not to exceed 15 days, or both, for conviction of a first offense.
(2)
By a fine of not more than $5,000 or by imprisonment for a period
not to exceed 15 days, or both, for conviction of a second offense,
provided the first and second offenses were committed within a period
of five years of each other.
(3)
By a fine of not more than $10,000 or by imprisonment for a period
not to exceed 15 days, or both, for conviction of the third or subsequent
offense or a series of offenses, all of which were committed within
a period of five years.
B.
Each week's continued violation shall constitute a separate
additional violation of this article.
