[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.]
[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:
A plumber who is licensed to engage in the business of installing
plumbing as a contractor.
[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.
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.
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]
[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.
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.
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]
[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.
[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.
[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.
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.
[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.
[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.
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.
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.
[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.
[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.
[1]
Editor's Note: Former § 167-18,
Fee to accompany application, was repealed 7-21-1997 by L.L. No. 5-1997.
[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.
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.
[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.
[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.
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.
[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.
No license issued under this article shall be
assignable or transferable.
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]
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.
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.
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.
[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.
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.
