City of Beacon, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Beacon 1-17-1972 as Arts. I and III of Ch. 21 of the 1972 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. I.
Fees — See Ch. 115.
Uniform Fire Prevention and Building Code — See Ch. 119.

§ 167-1 Definitions.

[Amended 3-16-1992 by L.L. No. 2-1992; 8-4-1997 by L.L. No. 7-1997]
As used in this chapter, the following terms shall have the meanings indicated:
MASTER PLUMBER
A plumber who is licensed to engage in the business of installing plumbing as a contractor.

§ 167-2 Examination and certification required.

[Amended 8-4-1997 by L.L. No. 7-1997]
A. 
Examination required. It shall be unlawful for any person to work as a master plumber unless such person has successfully passed an examination by a duly appointed Building Inspector and has received from the Building Inspector a certificate of competency. Any such master plumber may employ journeymen, apprentices and others to work directly under his supervision.
B. 
Examination and certification. The Building Inspector shall adopt such rules and regulations as may be required to give each applicant who desires to practice as a plumber an examination designed to test his knowledge of and ability to properly install plumbing in accordance with this chapter and shall issue a certificate of competency to those who successfully pass the examination and shall schedule a plumbing examination at least twice a year.
C. 
Hearing and revocation of certificate. The Building Inspector shall have the authority to conduct hearings on charges against any plumber of incompetency or willful violation of this chapter and to revoke or suspend the certificate of any plumber found guilty of such charges.

§ 167-3 Licensing of master plumbers. [1]

A. 
Qualifications. To obtain a license as a master plumber, a person shall have such qualifications as may be deemed necessary by the Building Inspector.
[Amended 8-4-1997 by L.L. No. 7-1997]
B. 
License. Any individual desiring to install plumbing as a plumbing contractor shall obtain a license as a master plumber.
C. 
Firms or corporations. Any firm or corporation engaged in the business of installing plumbing shall have a licensed master plumber as a responsible official.
[1]
Editor's Note: Original Subsection (a), Definition, of this section was deleted 3-16-1992 by L.L. No. 2-1992. See now § 167-1, Definitions.

§ 167-4 Installation standards.

A. 
All installations of plumbing work, all extensions thereto and all alterations thereof within the City shall be in conformity with the provisions of this chapter and of any other law or of any ordinance, local law or building code of the City pertaining thereto and shall also be in conformity with approved standards for safety to life and property. In every case where no specific type or class of material or no specific standards are prescribed by law, conformity with the regulations and requirements contained in the Plumbing Code of the City shall be prima facie evidence of conformity with approved standards for safety to life and property.
B. 
All work shall be done in accordance with the requirements for plumbing, heating and equipment as contained in the New York State Uniform Fire Prevention and Building Code, and such requirements shall be deemed applicable to the City.
[Amended 3-16-1992 by L.L. No. 2-1992]

§ 167-5 Inspections and tests.

[Amended 3-16-1992 by L.L. No. 2-1992; 8-4-1997 by L.L. No. 7-1997]
A. 
Required. The Building Inspector shall make the inspections and tests and for this purpose shall employ inspectors who are qualified by their knowledge, training and experience to make such inspections and tests.
B. 
Right to inspect. The Building Inspector or authorized inspector shall also have the right to inspect any plumbing system at such times as may be deemed necessary to protect the public health.
C. 
Correcting of faulty conditions. Upon written notice from the Building Inspector or authorized inspector, the owner or lessee shall be required to correct promptly any and all unsanitary or defective conditions which are likely to have immediate detrimental effects. He shall also correct as soon as possible other unsanitary or defective conditions which may over a period of time have a detrimental effect on health.

§ 167-6 Inspectors.

A. 
The chief inspector, duly appointed by the Building Inspector with the consent of the Council of the City and authorized and required, as such representative, to make plumbing inspections within the City, or within an area which includes the City, and each of his duly appointed deputy and assistant inspectors are hereby authorized and deputized as agents of the City to make inspections and reinspections of all plumbing installations within the City and all extensions thereto and alterations thereof and to approve or disapprove the same.
[Amended 3-16-1992 by L.L. No. 2-1992]
B. 
The chief inspector shall be a journeyman of at least five years' experience or the equivalent as determined by the Building Inspector.
[Amended 8-4-1997 by L.L. No. 7-1997]
C. 
No inspector shall engage in the business of master plumber, either directly or indirectly, nor shall he have any financial interest or connection with any person, firm, partnership or corporation conducting such business.
D. 
The inspector shall have the right, during reasonable hours, to enter any building in the discharge of his official duties or for the purpose of making any inspection, reinspection or tests of the installation of plumbing, and equipment contained therein, and shall have the authority to cut or disconnect any plumbing in cases of emergency where necessary for the safety of life or property, or, where such plumbing may interfere with the work of the Fire Department, he is also authorized to disconnect or order the discontinuance of plumbing service to any plumbing or equipment found to be dangerous to life or property because it is defective or defectively installed, until it has been made safe and been approved by him.

§ 167-7 Permit required to perform plumbing work.

A. 
Permit required. Before any plumbing work requiring authorization according to the provisions of this chapter shall be started, a permit shall be obtained from the administrative authority. This permit shall be obtained by the master plumber who, or whose firm, has been employed to do the plumbing work.
B. 
Submittal of plans. No permit shall be issued until plans showing in necessary detail the proposed work have been submitted to the administrative authority and these plans have been checked to assure that the work will conform to the provisions of this chapter.
C. 
Compliance of plans. If the plans indicate that any provision of this chapter is not being complied with, they shall be rejected and no permit issued until they have been revised to comply with this chapter.
D. 
Changes in plans. If in the course of the work it is found necessary to make any change from the approved plans, then amended plans shall be submitted, and a supplementary permit shall be issued to cover the change.
E. 
Alterations and changes to plumbing system. Permits shall be required for alterations or changes to a plumbing system, except as otherwise provided in this subsection. A permit will not be required for the replacement of any component part of any fixture, the clearance of stoppage or repair of leaks, the replacement of hot-water heaters, except where change of fuel is involved, nor the replacement of fixtures, provided that no changes are made in the piping to the fixture.
F. 
Additions to plumbing system. Any additions to a plumbing system shall require a permit. The Building Inspector shall make such rules and regulations for the installation of air-conditioning systems, water-treatment equipment and water-operated devices as may be deemed locally necessary to properly protect the water-supply system.
[Amended 8-4-1997 by L.L. No. 7-1997]
G. 
Fees. The City Clerk shall be empowered to collect such fees for the filing of plans and issuance of permits as may be deemed necessary.
[Amended 3-16-1992 by L.L. No. 2-1992]

§ 167-8 (Reserved) [1]

[1]
Editor's Note: Former § 167-8, Permit required to install, alter or repair fixtures, as amended, was repealed 8-14-1997 by L.L. No. 7-1997.

§ 167-9 Employment of unlicensed plumbers unlawful.

[Amended 3-16-1992 by L.L. No. 2-1992]
It shall be unlawful for any person to employ an unlicensed plumber to do any plumbing work in the City, and violation of this section shall be subject to the same penalties as set forth in § 1-3.

§ 167-10 Disposition of moneys paid to Building Inspector.

[Amended 8-4-1997 by L.L. No. 7-1997]
All fees, fines and penalties derived by the Building Inspector from the operation of this chapter shall be turned over by the Building Inspector to the Treasurer or other fiscal officer of the City exercising corresponding functions within 10 days after they are received, and such moneys shall be paid by such Treasurer into the general fund of the City and shall be available for use for any lawful City purpose.

§ 167-11 Liability for damage.

This chapter shall not be construed to relieve from nor lessen the responsibility of any person owning, operating, controlling or installing any plumbing device or equipment for loss of life or damage to persons or property caused by any defect therein, nor shall the City be deemed to have assumed any such liability by reason of any inspection made or license issued pursuant to this chapter.

§ 167-12 Review of actions of Building Inspector.

[Amended 8-4-1997 by L.L. No. 7-1997]
Any action of the Building Inspector may be reviewed by any person aggrieved thereby in any court of competent jurisdiction by a proceeding instituted under the provisions of Article 78 of the Civil Practice Act.[1]
[1]
Editor's Note: See now Article 78 of the Civil Practice Law and Rules.

§ 167-13 Penalties for offenses.

[Amended 3-16-1992 by L.L. No. 2-1992]
Any person who shall directly or indirectly engage in work at the business of master plumber in the City without a license therefor or who shall violate any of the provisions of this chapter or of any rule or regulation made pursuant thereto or who, having had his license suspended or revoked, shall continue to engage in or work at the business of master plumber or any person who shall violate this chapter shall, upon conviction thereof, be punishable by a penalty as prescribed in § 1-3.

§ 167-14 License required to perform work of master plumber.

No person shall hereafter engage in, carry on or conduct the business of master plumber or do or perform or offer or undertake or contract to do or perform the work of a master plumber within the City, or hold himself out to the public, directly or indirectly, as being able so to do unless licensed therefor pursuant to this article or unless employed under the direction of a person so licensed.

§ 167-15 License required to perform work of special plumber.

No person shall hereafter engage in, undertake or perform the work of a special plumber or agree to do or perform such work in the City or hold himself out to the public, directly or indirectly, as being able so to do unless licensed therefor pursuant to this article, and no person shall, directly or indirectly, hire, employ, engage or suffer or permit any person to do the work of a special plumber unless such person is licensed as a special plumber pursuant to this article.

§ 167-16 Application for license as master plumber.

[Amended 8-4-1997 by L.L. No. 7-1997]
Every person desiring a license as a master plumber under this article shall make application therefor to the Building Inspector in such form and detail as the Building Inspector may prescribe. Such application shall state, among other things, the name and place of business of the applicant, the class of license applied for and the name of the representative of the applicant, who will take the examination for the license and who will act as the supervisor of the work to be done under the license, if granted. If the applicant be a corporation, any one of the officers of the corporation who owns and holds at least 25% of the issued and outstanding capital stock may be designated as the representative of the applicant for such purposes.

§ 167-17 Application for license as special plumber.

[Amended 8-4-1997 by L.L. No. 7-1997]
Every person desiring a license as a special plumber under this article shall make application therefor to the Building Inspector in such form and detail as the Building Inspector may prescribe. Such application shall state, among other things, the name and residence address of the applicant, the name and business address of the person employing or who desires to employ the applicant and the nature and extent of the experience of the applicant in work as a special plumber.

§ 167-18 (Reserved) [1]

[1]
Editor's Note: Former § 167-18, Fee to accompany application, was repealed 7-21-1997 by L.L. No. 5-1997.

§ 167-19 License examinations.

[Amended 7-21-1997 by L.L. No. 5-1997; 8-4-1997 by L.L. No. 7-1997]
A. 
Examinations shall be in writing. A complete record of every examination shall be kept on file until three years after the date of the examination. Examinations shall be held at such times and places as the Building Inspector shall determine.
B. 
The applicants or, in the case of those applying for licenses as master plumbers, the designated representatives of the applicants shall present themselves for examination at the time and place specified in a notice to be given by the Building Inspector.
C. 
Applicants for the license examination must pay a filing fee as set forth in the City of Beacon fee schedule[1] at the time such application is submitted. The initial license fee described in § 167-24 herein is also due at that time. If the applicant, upon review, is found to be ineligible to take the examination, the initial license fee is hereby refunded to the applicant.
[Amended 7-6-2010 by L.L. No. 10-2010]
[1]
Editor's Note: The fee schedule is on file in the City offices.

§ 167-20 Reexamination of applicants.

An applicant or the representative of an applicant who has failed in his first examination shall not be eligible for reexamination until one month from the date of such failure; one who fails twice or more shall not be eligible for further reexamination until at least six months have elapsed from the date of such second or subsequent failure.

§ 167-21 Other prerequisites for master plumber.

[Amended 7-21-1997 by L.L. No. 5-1997; 8-4-1997 by L.L. No. 7-1997]
No license as a master plumber shall be granted to any person unless he shall prove to the satisfaction of the Building Inspector that he is a competent plumber and qualified to do plumbing contracting and has a knowledge of the provisions of this chapter and the state and City plumbing codes for the installation of plumbing equipment.

§ 167-22 Other prerequisites for special plumber.

[Amended 3-16-1992 by L.L. No. 2-1992; 8-4-1997 by L.L. No. 7-1997]
No license as special plumber shall be granted to any person unless he shall prove to the satisfaction of the Building Inspector that he is a competent plumber and qualified to do plumbing repairing and maintenance work; has a working knowledge of plumbing properties and functions of plumbing used in the building, plant or structure where he is or will be employed, combined with a practical working knowledge of the requirements and provisions of the National Plumbing Code and the New York State Uniform Fire Prevention and Building Code; and has a knowledge of the provisions of this chapter and the rules and regulations of the Building Inspector and the laws of the state, if any, and of the City for the repair and maintenance of plumbing devices, appliances and equipment.

§ 167-23 Age restriction.

No license shall be granted under this article to any person who is less than 21 years of age or does not comply with the New York State Workers' Compensation Law or is not a citizen of the United States.

§ 167-24 Issuance of licenses.

[Amended 7-18-1987; 8-4-1997 by L.L. No. 7-1997; 12-15-2008 by L.L. No. 16-2008; 7-6-2010 by L.L. No. 10-2010]
The Building Inspector may issue licenses under this article as follows:
A. 
Master plumber's license, Class A. A Class A master plumber's license shall authorize the licensee to engage in the business of master plumber within the City of Beacon for a period ending the 31st day of December of the calendar year in which it is issued. The fee for such license and annual renewal is as set forth in the City of Beacon fee schedule.[1]
[1]
Editor's Note: The fee schedule is on file in the City offices.
B. 
Master plumber's license, Class B. A Class B master plumber's license is hereby issued to any New York State licensed plumber upon review of the Building Inspector and passing of the City of Beacon examination for the purpose of undertaking, performing or completing a single continuous job or installation at one location or property. Each separately owned home in a development or multiparty residence is hereby deemed to be a separate, single job. The fee for such license and annual renewal as set forth in the City of Beacon fee schedule. If a license is not renewed at the end of the calendar year, reexamination is hereby required. A renewed license will entitle the licensee to perform successive plumbing jobs at other locations within the City of Beacon without reexamination.
C. 
Special plumber's license. A special plumber's license shall authorize the licensee to perform only the work of a special plumber for an employer and at a location designated and specified in the license for a period ending the 31st day of December of the year in which it is issued. Such a license shall authorize the holder thereof to engage in, perform or supervise the work of installing, erecting, altering or extending plumbing apparatus, fixtures and equipment for plumbing on such premises as set forth in the City of Beacon fee schedule. Such a license may be renewed annually on or before the expiration thereof for a period of one year upon payment of an annual renewal fee as set forth in the City of Beacon fee schedule. Upon receipt of a proper application therefor, the Building Inspector shall grant the holder of such a license permission to do the work of a special plumber for an employer or at a location not designated in the license in lieu of the one designated therein without any additional fee, and a new license specifying the new employer and/or the new location, as the case may be, is hereby issued upon the surrender of the old license.

§ 167-25 Licenses nontransferable.

No license issued under this article shall be assignable or transferable.

§ 167-26 Contents of license.

A. 
Each license as a master plumber issued under this article shall specify the name of the person, firm, partnership or corporation licensed who or which shall be known as the holder of the license and shall also specify the name of the person who has passed the examination, and such person shall be designated in the license as the supervisor of all work to be done under the license.
B. 
The person designated as the supervisor may be a person in the employ of the holder of the license or, if the holder is an individual, may be the holder himself or, if the holder is a firm or partnership, may be a member thereof or, if the holder is a corporation, may be an officer of the corporation, provided that he has the requisite qualifications of stock ownership prescribed in this article therefor.
C. 
The same person shall not be designated as the supervisor in two or more licenses issued to different holders.
D. 
In the event that the business association of the supervisor with, or the employment of the supervisor by, the holder of the license shall terminate, the holder shall notify the Building Inspector of such fact forthwith and shall promptly designate another person as the representative of the holder, who shall submit himself for the examination to the Building Inspector when notified so to do. If no such designation shall be made within 30 days after the termination of the association or employment of the former supervisor, the license of the holder shall become null and void on the 30th day following the termination.
[Amended 8-4-1997 by L.L. No. 7-1997]
E. 
All licenses shall be numbered in the order in which they are issued and shall be in such form and of such color and shall contain such information as may be prescribed by the Building Inspector.
[Amended 8-4-1997 by L.L. No. 7-1997]

§ 167-27 License to be displayed.

Each license issued under this article shall at all times be kept conspicuously displayed in the place of business or employment, as the case may be, of the licensee.

§ 167-28 Renewal of Class A master plumber's license.

No Class A master plumber's license shall be renewed if the licensee has not actively engaged in business as a master plumber during a period of one year or more immediately preceding the application for renewal. Any such license not renewed within the time prescribed by this section shall lapse at the expiration of its term, and the holder of such license must thereafter qualify for an original license under this article and comply with all the requirements and provisions of this article relative thereto.

§ 167-29 Additional requirements for Class A master plumber's license.

A. 
No person otherwise qualified shall engage in, carry on or conduct the business of a master plumber within the City until he has first procured from the Building Inspector a metal, glass or wood plate or sign appropriately lettered or marked "Licensed Master Plumber," such plate or sign to be conspicuously posted in the window or on the door or outer entrance, visible from the street, of the place of business of the licensee, not in violation of any zoning ordinance. A person retiring, abandoning or not actually engaged in the business of master plumber or whose license has expired or has been suspended or revoked shall surrender to the Building Inspector such plate or sign and shall not again engage in such business until he is licensed and/or has again procured such plate or sign as herein provided.
[Amended 8-4-1997 by L.L. No. 7-1997]
B. 
The Building Inspector shall prepare metal, glass and/or wood plates or signs, at least 14 inches wide and not less than 22 inches in length appropriately lettered or marked "Licensed Master Plumber," the lines of each letter to be not less than three inches long and 5/8 of an inch wide; such plate or sign shall, on some part thereof, contain an identification number, which number, together with the name and location of the place of business of the person to whom issued, shall be recorded in the office of the Building Inspector. Every person to whom a Class A master plumber's license is granted under this article, upon the payment of a fee of $5 to the Building Inspector, shall have issued to him a plate or sign as herein described.
[Amended 8-4-1997 by L.L. No. 7-1997]
C. 
Any person to whom such plate or sign has been issued who shall loan, rent, sell or transfer the same to another person, whether such person be entitled to receive a similar plate or sign or not, or otherwise willfully violates the provisions of this section shall be punishable by the Building Inspector by a fine of not exceeding $50 for the first offense and not less than $100 nor more than $250 for a subsequent offense and, in addition thereto, shall forfeit his license under this article.
[Amended 8-4-1997 by L.L. No. 7-1997]
D. 
Each Class A master plumber licensed under this article shall have a telephone listed under his name and shall display his name on the directory or on the outer entrance of the building in which his place of business is located and on all stationery, advertisements and other printed matter used in connection with his business.
E. 
If any Class A master plumber licensed under this article does not maintain a regular place of business by reason of the fact that he is exclusively employed by a person who owns, leases, manages, maintains or operates one or more buildings or structures constituting a plant occupied or used for commercial or industrial purposes, such licensee shall not be required to procure or display a sign, have a telephone or display his name as provided in this section.

§ 167-30 Suspension or revocation of license.

[Amended 3-16-1992 by L.L. No. 2-1992; 8-4-1997 by L.L. No. 7-1997]
A. 
Any license issued under this article may be suspended or revoked, in the discretion of the Building Inspector, after hearing upon due notice held upon charges given to the licensee and an opportunity to be heard in his defense in person and/or by attorney, if the Building Inspector is so satisfied that the holder of such license or any of his or its officers or employees willfully, or by reason of incompetence, has violated any provision of this chapter or of any other law or of any ordinance, local law or the building code of the City governing plumbing work or requiring permits therefor or any requirement contained in the rules and regulations of the Building Inspector.
B. 
The Building Inspector may, in lieu of suspending or revoking a license under this article, impose a penalty as provided for in § 1-3, General penalty, and may suspend the license until such fine is paid.

§ 167-31 Future license and renewal fee adjustments.

Any future adjustments in the license and renewal fees for master plumber, Class A, master plumber, Class B and special plumber shall be made by the adoption of a simple resolution by a majority of the City Council.