Town of Evans, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Evans 3-18-1970 by L.L. No. 1-1970. Amendments noted where applicable.]
GENERAL REFERENCES
Building code administration — See Ch. 70.
Electrical inspections — See Ch. 92.
Excavations — See Ch. 101.
Fees — See Ch. 106.
Rental or unoccupied premises — See Ch. 158.
Water — See Ch. 196.

§ 147-1 Title.

This chapter shall be known as the "Plumbing Licensing Law of the Town of Evans."

§ 147-2 Purpose.

The purpose of this chapter is to provide basic and uniform rules and regulations establishing reasonable safeguards for plumbing, sanitation and gas systems in and adjacent to buildings to protect public health against the hazards of inadequate and unsanitary plumbing installations and hazardous gas installations.

§ 147-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICE
The Code Enforcement Office of the Town of Evans, New York.
[Added 6-7-2017 by L.L. No. 5-2017]
[1]CLEANING OF PIPING
The practice, equipment and materials used in cleaning any part of the plumbing system within or adjacent to any building or structure and to their connections with public systems or other approved terminals.
GAS SYSTEM
The practice, materials and equipment used in installing, erecting, extending, altering and maintaining of piping from meter or other approved source of supply of any type of equipment requiring gas, within or adjacent to any building or structure.
MASTER PLUMBER
Includes any person who is principally engaged in and carries on the business of master plumbing, as distinguished from one who is employed as a journeyman or apprentice plumber, and who holds himself out as being principally engaged in this business.
PERSON
Includes an individual, partnership or corporation.
PLUMBING
The practice, materials, fixtures, equipment and devices used in installing, erecting, altering, extending, maintaining, repairing and cleaning of piping, appliances and appurtenances connected to or designed to be connected to the sanitary drainage or storm drainage system, the attendant waste system, vent system, water supply systems and fuel gas systems within or adjacent to any building or structure and to their connections with public systems or other approved terminals.
PLUMBING SYSTEM
The water supply system, the drainage system, the vent system, the storm drainage system, the fuel gas system, fixtures, traps, apparatus, devices, appliances, appurtenances or equipment, with their respective connections, within the property lines of the premises.
[1]
Editor's Note: The definition of "Board," which immediately preceded this definition, was repealed 6-7-2017 by L.L. No. 5-2017.

§ 147-4 License required; exemptions; penalties for offenses.

A. 
Plumbing by unlicensed persons for pay or profit is prohibited.
B. 
No person shall hereafter engage in, carry on or conduct the business of master plumbing or do or perform or offer or undertake or contract to do or perform the work of a master plumber within the Town of Evans unless holding such a license.
C. 
No person who is not the holder of such license shall hold himself out to the public, directly or indirectly, as being able to do so unless employed by and working under the direction of a person so licensed.
D. 
No person shall cause any such work to be done for pay or profit by any person who is not the holder of such license.
E. 
No person who is not the holder of such license shall falsely represent that he or it holds such license.
F. 
No person who is not the holder of such license shall use in advertising the words "master plumber" or any words of similar meaning or imprint them on any card, sign or letterhead or in any manner.
G. 
The provisions of this section shall not apply to a utility company in its normal function of supplying its particular service to or adjacent to any building or structure.
H. 
The provisions of this section shall not apply to or affect the business or practice of installing oil burners or the installation of any other type of heating appliance or equipment, except as to pipe work covered by § 147-3, the definition of "gas system."
I. 
Any violation of this section shall constitute a violation, punishable by imprisonment of not more than 15 days or a fine of up to $250, or both.
[Amended 12-15-1993 by L.L. No. 13-1993]

§ 147-5 Penalties for false statements.

[Amended 12-15-1993 by L.L. No. 13-1993]
Any person who, with the intent to defraud or deceive, knowingly makes a false statement or causes to be made or aids and assists in the making of a false statement in an application for a license or the renewal of a license or in the application provided for in this chapter or in any examination hereunder, to deceive or substitute or cause another to deceive or substitute, shall be guilty of a violation, punishable as set forth in § 147-4I hereof.

§ 147-6 Responsibility of licensee.

[Amended 6-7-2017 by L.L. No. 5-2017]
Each master plumber is required to submit to the Code Enforcement Office the name of all journeyman plumbers and apprentice plumbers working for him in the Town of Evans, making him responsible, under forfeiture of his license, for work being done under his license.

§ 147-7 through § 147-20. (Reserved) [1]

[1]
Editor's Note: Former §§ 147-7 through 147-20, as amended, regarding the Plumbing Licensing and Examining Board, were repealed 6-7-2017 by L.L. No. 5-2017.

§ 147-21 Term of license of master plumber.

A master plumber's license shall authorize the licensee to engage in the business of master plumbing within the Town of Evans, New York, for a period beginning January 1 and ending December 31.

§ 147-22 Fees; lapsed licenses.

A. 
Fees for such license shall be set by resolution of the Town Board and as set forth in Chapter 106, Fees, and shall be renewable annually before January 1 of each year.
[Amended 12-15-1993 by L.L. No. 13-1993]
B. 
Late filing; accumulative fees. License renewal applications filed later than January 1 will be charged a late-filing fee as set by resolution of the Town Board and as set forth in Chapter 106, Fees. Such late-filing fees and renewal fees shall be accumulative for all the years the license is not renewed.
[Amended 12-15-1993 by L.L. No. 13-1993]
C. 
Grandfather clause. Persons engaged in the plumbing business in Erie County as a master plumber for a period of three years prior to the enactment of this chapter and upon furnishing satisfactory evidence to the Code Enforcement Office shall be entitled to receive a Town of Evans master plumber's license without taking the required examination, but shall pay the required license and renewal fees.
[Amended 6-7-2017 by L.L. No. 5-2017]
D. 
A license which has been verified to have lapsed for more than three consecutive years cannot be renewed and it will be necessary to obtain a new license as set forth herein.
[Added 6-7-2017 by L.L. No. 5-2017]

§ 147-23 Examinations for license.

[Amended 6-7-2017 by L.L. No. 5-2017]
An examination, whether written, practical or both, as the Code Enforcement Office shall prescribe, will be given to those persons desiring to apply for a plumber's license.

§ 147-24 Reexamination schedule.

If an applicant fails on the first examination, he shall be allowed to take the examination again in six months from the date of such failure. If he fails again, he shall be eligible for reexamination one year from the date of failure.

§ 147-25 through § 147-26. (Reserved) [1]

[1]
Editor's Note: Former §§ 147-25, Fee for application for examination, as amended, and 147-26, Results of examination, were repealed 6-7-2017 by L.L. No. 5-2017.

§ 147-27 Insurance requirements.

[Amended 12-15-1993 by L.L. No. 13-1993]
General liability insurance with bodily injury and property damage with minimum limits as set by resolution of the Town Board and as set forth in Chapter 106, Fees, shall be required covering the Town of Evans, the public and the owner. Workers compensation covering contractor's employees is also required.

§ 147-28 Reciprocal agreement; waiver of examination.

]Amended 6-7-2017 by L.L. No. 5-2017]
The Code Enforcement Office shall have the authority to grant a waiver of examination in order to grant a license to an applicant without an examination when the applicant meets the following requirements:
A. 
The applicant as an individual must provide documented proof that he or she currently possess a minimum of two valid licenses granted from a local municipality located within Erie County, in the State of New York. The license requirements of each of the municipalities which issued the licenses must be substantially equivalent to the licensing provisions of the Town of Evans. A copy of a current (not expired) license from a recognized municipality may qualify as documented proof, subject to review and approval; and
B. 
Plumbers and site utility contractors must make application on a Town of Evans prescribed form (Plumbers and Site Utility Contractor Reciprocal Application) and make payable a fee as determined by the Town Board on an annual basis. The form shall contain an affidavit attesting to the fact that the applicant has held the licenses at least one full year and has not had a license revoked or suspended from any other municipality within the last five years.

§ 147-29 State standards to be basis for examination.

[Amended 12-15-1993 by L.L. No. 13-1993]
The New York State Uniform Fire Prevention and Building Code shall be used as a basis for the Town of Evans license examinations. This shall be a minimum requirement.

§ 147-30 Existing inspections.

It is not the intention of this chapter to take over existing inspections that are being done by any of the political subdivisions or municipal corporations of Erie County. However, where no inspections presently exist, some form of countywide inspection for the present will be instituted in this chapter.