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 as L.L. No. 1-1970. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — 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:
BOARD
The Plumbing Licensing and Examining Board of the Town of Evans, New York.
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.

§ 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.

Each master plumber is required to submit to the Board 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 Plumbing Licensing and Examining Board established.

There is hereby established in and for the Town of Evans, New York, a board to be known as the "Plumbing Licensing and Examining Board of the Town of Evans, New York."

§ 147-8 Board members' business unrestricted.

Any person serving on the Board shall in no way be restricted from carrying on his normal course of business or business with any municipality.

§ 147-9 Membership of Board.

The Board shall consist of five members to be appointed by the Town Board as follows:
A. 
One employing licensed master plumber who has been engaged in the plumbing business as a licensed master plumber for at least 10 years in the County of Erie.
B. 
One journeyman plumber who has been a journeyman plumber employed by a master plumber as a journeyman for at least 10 years in the County of Erie.
C. 
Three members of the public at large.

§ 147-10 Chairman and Secretary of Board.

There shall be a Chairman and Secretary, both of whom shall be designated by the members of the Board. The Chairman shall be selected from among the members of the Board. The Board may employ a paid Secretary subject to the approval of the Plumbing Licensing and Examining Board and the proper secretary allocations.

§ 147-11 Quorum.

Three members, including the Chairman, shall constitute a quorum for the transaction of business.

§ 147-12 Terms of office of Board members.

Of the members first appointed, one shall be appointed for a term of one year, two for terms of two years and two for terms of three years, except that they may continue to serve after the expiration of their respective terms of office until their successors have been appointed and have qualified.

§ 147-13 Compensation of members.

[Amended 12-15-1993 by L.L. No. 13-1993]
Compensation and other conditions of employment as a Board member shall be set annually by Town Board resolution at the January organizational meeting.

§ 147-14 Vacancies on Board.

A. 
Termination of service of any member may be voluntary or for a good and sufficient cause by the Town Board.
B. 
All Board vacancies must be filled within 90 days.
C. 
The successors of all members appointed by virtue of § 147-12 above shall be appointed for a term of three years, except that they may continue to serve after the expiration of their terms of office until their successors have been appointed and have qualified.
D. 
Names of qualified persons to serve on the Board shall be submitted to the Town Board by the Plumbing Licensing and Examining Board.

§ 147-15 Meetings of Board.

The Board shall meet regularly at least six times a year and on any occasion on the call of the Chairman or by the Secretary, upon written request of two of its members. The members shall be notified of a meeting at least four days in advance of such a meeting. A report of each meeting shall be submitted to the Town Board at the Town Board meeting immediately following the meeting of the Board.

§ 147-16 Powers and duties of Board.

A. 
The Board shall prescribe and conduct examinations of all persons desiring or intending to engage in the trade, business or calling of plumbing in the Town of Evans.
B. 
The Board shall issue periodic licenses, with the power of suspension and revocation of the same.
C. 
The Board shall have the power to collect scheduled fees for examinations and for the annual license issued to qualified applicants; the Town Board shall have the power to set fees for examinations and for the annual licenses.

§ 147-17 Employees and assistants of Board.

The Town Board shall appoint an adequate number of assistants and other employees as may be necessary to carry out the provisions of this chapter, to prescribe and regulate their duties and to fix their compensation within the amount appropriated therefor.

§ 147-18 Records of Board.

The Board shall keep records of all its activities, meetings and data relating to the business of the Board for a period of at least five years.

§ 147-19 Manual of regulations.

The Board shall prepare a manual of rules and regulations covering all necessary matters with respect to the activities and jurisdiction of the Board, subject to the approval of the Town Board.

§ 147-20 Review of decisions by Town Board.

All decisions of the Board shall be subject to the review, modification or revision of the Town Board.

§ 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.

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 Board 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.

§ 147-23 Examinations for license.

An examination, whether written, practical or both, as the Board shall prescribe, will be given to those persons desiring to apply for a plumber's license. This examination shall be given twice a year or at such other times as the Board, in its discretion, may designate.

§ 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 Fee for application for examination.

[Amended 12-15-1993 by L.L. No. 13-1993]
A fee as set forth by resolution of the Town Board and as set forth in Chapter 106, Fees, must accompany each application for examination.

§ 147-26 Results of examination.

The applicant will be notified of the result of the examination after the first meeting following the examination. Licenses and plates will be issued to him by the Plumbing Licensing and Examining Board.

§ 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.

The Board may, in its discretion, grant a license to a resident applicant if he can submit satisfactory evidence that the license requirements of the municipality which issued the license are substantially equivalent to the licensing provisions of the Town of Evans.

§ 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.