[HISTORY: Adopted by the Common Council of
the City of Port Jervis 7-27-1964as part of Ch. 21, Arts. I and II of the 1964 Code of Ordinances
(Ch. 121 of the 1981 Code). Amendments noted where applicable.]
[1]
Editor's Note: The following is the text of
a resolution adopted by the Common Council 10-10-1972:
"Whereas the United States Department of Housing
and Urban Development's (hereinafter called "HUD") code adoption policy
for certification or recertification of a municipality's Workable
Program for Community Improvement requires that localities using State
or local codes incorporate standards which are comparable to those
in the natural model codes with respect to the use of materials of
construction and; whereas HUD has agreed to accept the New York State
Building Construction Code applicable to Plumbing, July 1, 1972 edition,
supplemented by the below mentioned stipulation as an interim satisfaction
of HUD's code adoption policy and; whereas Port Jervis has adopted
and uses the New York State Building Construction Code and therefore
requires the adoption of such stipulation in satisfaction of the codes
requirement for recertification of Port Jervis's Workable Program
for Community Improvement.
"Be it resolved, therefore, by the Common
Council of the City of Port Jervis that the statement which follows
be and hereby is adopted as the Port Jervis codes policy: "It is not
the intent of the Building Construction Code applicable to Plumbing
to limit or exclude the use of any material or system of plumbing
Installation which has been produced or developed under nationally
recognized standards and certified by a recognized standards or testing
agency, provided the use of such material or system complies with
such standards and is in accord with acceptable health and safety
criteria."
A.
Appointment; qualifications; compensation. The Common
Council shall detail, designate or appoint an Inspector or Inspectors
of Plumbing. All persons so detailed, designated or appointed shall
be licensed master plumbers in the City of Port Jervis or the Building
Official of the City of Port Jervis, if he has taken and passed the
same test as given for qualification as a master plumber. During the
period of their appointment, they shall not engage directly or indirectly
in the business of plumbing. They shall be entitled to receive compensation
as fixed by the Common Council.
[Amended 4-11-1983 by L.L. No. 6-1983]
B.
Duties. The Inspector or Inspectors of Plumbing appointed under the provisions of Subsection A above, in addition to the duties prescribed by law and those which may be enjoined or required by the City, shall inspect the construction and alteration of all plumbing work performed in such City and report in writing the results of such inspection to the City. They shall also report in like manner any person engaged in or carrying on the business of or employing a plumber without having the certificate hereinbefore provided.
Any person claiming to be aggrieved by a determination,
decision or ruling of the Inspector of Plumbing pursuant to this chapter
shall have the right to appeal therefrom to the Board of Examining
Plumbers. The person desiring to appeal from the decision, determination
or ruling of the Inspector must serve a notice in writing to the effect
upon the Inspector and upon the Secretary of the Board of Examining
Plumbers within a period of five days following the day upon which
the decision, determination or ruling of the Inspector is first made
known to him. On any appeal so taken, the said Board shall have power
to modify, amend or vacate any decision, determination or ruling of
the Inspector.
The Inspector of Plumbing and Drainage will
make inspection at three stages of the work, to wit: When the house
sewer is laid, ready to cover; when the rough work is completed; and
when the entire job is completed; and no part of the drainage or plumbing
shall be covered or concealed until duly approved. Written notice
shall be filed with the Inspector of Plumbing when from time to time
the work has advanced to the several stages named.
If any house drainage or plumbing system or
part thereof is covered before being regularly inspected, tested and
approved as herein prescribed, it shall be uncovered by the owner,
lessee or person in charge or control of the premises after service
upon either individual of a written notice thereof by the Plumbing
Inspector.
[Amended 6-27-1988 by L.L. No. 3-1988[1]]
All testing will be performed as prescribed
in the New York State Uniform Fire Prevention and Building Code.
[Amended 9-28-1981 by L.L. No. 4-1981]
All installed fixtures found defective or in
an unsanitary condition shall be repaired, renovated, replaced or
removed by the owner, lessee or person in charge or control of the
premises within 30 days upon written notice from the Plumbing Inspector
or any other duly authorized enforcement officer to such owner, lessee
or person in charge or control of the premises.[1]
Whenever, in the opinion of the Inspector of
Plumbing, special conditions arise that render it impracticable to
comply with all the provisions herein specified, modifications may
be allowed, provided that the premises are left in a sanitary condition.
Suitable toilet facilities shall be provided
by the owner, lessee or person in charge or control of the premises
for the use of workmen during the construction of any building. These
toilet facilities shall be maintained in a sanitary condition.
[Amended 6-27-1988 by L.L. No. 3-1988]
Whenever plumbing or heating within the City
shall be condemned as being unsanitary, unsafe or constituting a menace
to health, the owner of the property shall, when duly notified, proceed
forthwith to make such improvements as may be necessary to place said
plumbing, drainage and heating in sanitary and safe condition in accordance
with the requirements of these and other applicable rules and regulations.
[Amended 6-27-1988 by L.L. No. 3-1988]
None but licensed master plumbers or individual
owners personally will be permitted to make any extension, addition
or new installation in connection with the existing plumbing, plumbing
system, house drain or house sewer of any building, structure or dwelling.
A.
Required; certificate of approval. Before any plumbing
or drainage work shall be commenced or any changes of or additions
to any existing plumbing or drainage are to be done in any building
or upon any premises, the owner, lessee or person desiring said work
to be performed shall file plans and specifications of the same in
the office of the Plumbing Inspector. No work shall be commenced until
the said plans and specifications are approved by the Plumbing Inspector
and a certificate of such approval is issued by said Inspector to
the applicant.
B.
Modifications. No modifications of plans or descriptions
will be permitted after approval unless amended plans and specifications
shall have first been filed and approved as required in the original
case.
[Added 10-13-1987 by L.L. No. 9-1987]
A.
Prior to the installation of any heating systems in
any building, the plans and specifications shall be filed with and
approved by the Plumbing Inspector.
B.
No heating systems shall be placed into operation
until they shall have been inspected and approved by the Plumbing
Inspector, who shall issue a certificate of approval stating that
the system complies with all applicable local and state codes.
When work is approved by the Inspector of Plumbing
and Drainage, he shall issue a certificate to that effect, and regular
use of a plumbing system is prohibited until so approved and certified
by the Inspector.
A.
Notice required. Whenever any inspector or other person
reports a violation of any rules and regulations for plumbing and
drainage or a deviation from any officially approved plan or specification
for plumbing and drainage filed with any board or department, the
City shall first serve a notice of the violation thereof upon the
master plumber doing the work, if a registered plumber.
B.
Service of notice; time for compliance. Such notice
may be served personally or by mail; and if by mail it may be addressed
to such master plumber at the address registered by him, but the failure
of a master plumber to register will relieve the board which appoints
the Plumbing Inspector from the requirement of giving notice of violation.
Unless the violation is removed within three days after the day of
serving or mailing such notice, exclusive of the day of serving or
mailing, the City may proceed according to law.
[Amended 9-28-1981 by L.L. No. 4-1981]
[Amended 9-28-1981 by L.L. No. 4-1981; 5-13-1985 by L.L. No.
3-1984; 6-27-1988 by L.L. No. 3-1988; 6-14-1994 by L.L. No. 12-1994]
A board for the examination of plumbers is hereby
created and shall be known as the "Examining Board of Plumbers," which
shall consist of nine persons appointed by the Mayor. A representative
of the Building Department shall serve as the Executive Secretary.
The Board shall include the following:
A.
Two master plumbers having not less than five years'
experience in the business of plumbing.
B.
One journeyman plumber actually working at the plumbing
trade.
C.
The Plumbing Inspector of the City of Port Jervis.
D.
The Chief Engineer or other person having charge of
the sewers of the City of Port Jervis.
E.
Two lay citizens of the City of Port Jervis.
F.
One member of the Common Council.
G.
The Building Official of the City of Port Jervis.
A.
Terms of office; vacancies. The term of office of
each member of such Board shall be three years from the first day
of January following his appointment. Vacancies occurring by expiration
of a term shall be filled by the Mayor for a full term; vacancies
by death, removal, inability to act, resignation or removal from the
City of any member shall be filled by him for the unexpired term.
B.
Ex officio members. The Chief Inspector of Plumbing
and Drainage and the engineer in charge of sewers or the officers
holding equivalent positions or acting in like capacities, designated
or appointed by the Mayor as herein provided, shall be ex officio
members of such Examining Board, and when they shall cease to hold
the offices by reason or on account of which they were so designated
or appointed, their successors shall act on the Examining Board in
their stead.
D.
The Board will elect its own Chairman.
[Added 6-27-1988 by L.L. No. 3-1988]
A.
The Examining Board of Plumbers shall have power to
procure suitable quarters for the transaction of business, to provide
the necessary books and stationery and to employ a clerk to keep such
books and record the transactions of said Board.
B.
The Common Council shall annually insert in its tax
levy a sufficient sum to meet all the expenditures incurred under
the provisions of this chapter. The expenses incurred by the Examining
Board of Plumbers in the execution and performance of the duties imposed
by this chapter shall be a charge on the City and shall be audited,
levied, collected and paid in the same manner as other City charges
are audited, levied, collected and paid.
A.
Form. Persons applying for examination for certificates
to engage in the business of master or employing plumber shall, before
being examined, file with the Board an application on such forms as
may be prescribed by the Board, and shall furnish to the Board such
information as it may require concerning the applicant's fitness and
qualifications to receive a certificate as aforesaid. All applications
must be under oath.
B.
Refusal of application. The Board shall refuse to
receive an application from any person who at the time of making application
may be unlawfully engaged in business as a master or employing plumber.
[Amended 9-28-1981 by L.L. No. 4-1981; 6-27-1988 by L.L. No.
3-1988]
The Board shall receive applications on the
nights of its regular scheduled meetings between the hours of 7:30
p.m. and 8:30 p.m.
All applications will expire and be canceled
after a period of three months if the applicant does not appear for
examination within that period.
A.
No person shall be examined unless he shall have had
an experience of at least five years as journeyman plumber under a
duly qualified plumber and is able to furnish satisfactory evidence
of such fact, or two years in an accredited plumbing trade school
or the equivalent and three years as an apprentice under a duly qualified
plumber. For the purposes of this subsection, “duly qualified
plumber” shall mean a plumber holding a master plumbers license
from the City of Port Jervis or a plumber holding a license from a
municipality in the State of New York with equal or greater licensing
standards than the requirements of the City of Port Jervis plumbing
licensing standards, as determined in the discretion of the Board.
[Amended 11-28-1988 by L.L. No. 7-1988; 6-27-2011 by L.L. No. 3-2011]
B.
No application will be received from any person who
is not a citizen of the United States and who cannot read and write
the English language.
[Amended 7-27-1992 by L.L. No. 5-1992; 2-26-2007 by L.L. No.
2-2007]
Each applicant for examination shall pay the sum as provided in Chapter 280, Fees, at the time of making his application. When an applicant has paid the first fee for examination and failed, he shall pay an additional sum as provided in Chapter 280, Fees, for each subsequent examination given him by the Board.
A.
Contents. The examination of the Board shall be in
two parts, namely, a practical test to determine the applicant's skill
as a journeyman and a written examination. The written examination
shall consist of questions and plans to determine the applicant's
fitness and qualifications to engage in the business of master and
employing plumber.
B.
Examinations to be written. All examinations which
shall be written by the applicant must be in English.
C.
Time and place. The time and place of holding examinations
shall be left to the discretion of the Board. Ample notice shall be
given to applicants.
A.
Effect of passing. Persons who pass the tests as prescribed
by the Board shall be eligible to receive a certificate of competency
as master or employing plumber.
B.
Effect of failing; reexaminations. An applicant who
fails in the practical test shall not be eligible for another test
until the expiration of three months; should he fail in the second
test he will not be eligible for a third test until the expiration
of six months; and failing in the third test, he will not be eligible
for a fourth test until the expiration of one year. An applicant who
fails in the written examination shall not be eligible for reexamination
until the expiration of one month; should he fail in the second examination
he will not be eligible for another examination until the expiration
of three months; should he fail in the third examination he will not
be eligible for another examination until the expiration of six months;
and should he fail in the fourth examination he will not be eligible
for another examination until the expiration of one year.
Before issuing a certificate to engage in the
business of master or employing plumber, the Board shall inquire into
the applicant's fitness and qualifications for conducting such business
and may require the applicant to submit under oath such evidence,
in addition to the examinations and tests hereinbefore provided, as
will satisfy the Board that he is a person of good repute, character
and responsibility and otherwise qualified to engage in business as
a master or employing plumber.[1]
[1]
Editor's Note: Original § 121-26,
Metal sign required upon engaging in business, which immediately followed
this section, was repealed 6-27-1988 by L.L. No. 3-1988.
It shall be a violation of law, punishable by
fine and/or imprisonment, for any person to open a shop or display
a sign, the regulation and issuance of which is provided for in this
chapter, before obtaining a certificate of competency.
[1]
Editor's Note: Former § 410-28, Holder of certificate
to maintain qualified shop, was repealed 6-27-2011 by L.L. No. 3-2011.
[Amended 3-27-1967; 10-22-1984 by L.L. No. 6-1984; 6-27-1988 by L.L. No. 3-1988; 7-27-1992 by L.L. No. 5-1992]
A.
All certificates of registration issued under the provisions of this chapter and all licenses authorizing connections with street sewers or water mains shall expire on the 31st day of December of the year in which they shall be issued and may be renewed within 30 days preceding such expiration, such renewals to be for one year from the first day of January in each year. A fee as provided in Chapter 280, Fees, shall be required to be submitted with any application for the renewal of a certificate of competency, and the receipt of the same by the Board shall be a condition precedent to this issuance of any renewal certificate hereunder.[1]
B.
Leave of absence.
(1)
Any holder of a license issued pursuant to this section
may take a leave of absence by notifying the City Clerk-Treasurer's
office, in writing, of his or her intention to take a leave of absence
and by turning in to the City Clerk-Treasurer his or her license.
(2)
Upon turning in the license, the licensee shall be
entitled to a refund of the license fee for the unexpired term of
the license.
(3)
At any time within five years of the taking of the
leave of absence, the licensee may reacquire his or her license, without
a competency exam, by paying the required fee to the City Clerk-Treasurer.
[Amended 6-27-1988 by L.L. No. 3-1988]
Any person violating any of the provisions of
this chapter or any rules or regulations of the Orange County Department
of Health, Environmental Health Division, and/or of the New York State
Uniform Fire Prevention and Building Code or of the Examining Board
of Plumbers regulating the plumbing and drainage of buildings in such
City shall be guilty of a misdemeanor and, on conviction, if a master
plumber, shall forfeit any certificate of competency which he may
hold.
[Added 9-28-1981 by L.L. No. 4-1981; 6-23-1986 by L.L. No.
3-1986]
Notwithstanding any other provisions of this
chapter, one-time licenses may be issued as follows:
A.
One-time licenses. Any person, firm or corporation
duly licensed by another municipality in New York State which has
licensing standards and requirements, including examinations, substantially
the same as those provided by this chapter may be issued, without
examination, a one-time license, equivalent to that held in the other
municipality, for the performance of a specific contract or job, upon
application to and approval by the Board.
(1)
Such application shall be accompanied by substantiating documents and evidence supporting the claim that he is the holder of a valid license from the other municipality and by a fee as provided in Chapter 280, Fees.
[Amended 6-27-1988 by L.L. No. 3-1988; 6-12-1989 by L.L. No.
18-1989; 6-26-1995 by L.L. No. 10-1995[1]]
(2)
Such one-time license shall be valid only for a specific
contract or job, at a specific location, and shall expire upon issuance
of a certificate of approval for the work covered by the contract
or job.
(3)
Notwithstanding any other provision of this Subsection A, where a candidate for a one-time license is a resident of a municipality not licensing plumbers, the Board may consider other evidence of qualifications, such as a statement from the local Building or Plumbing Inspector, and may make such investigation and inquiry into the candidate's qualifications as it may deem necessary, and may thereupon, in its discretion, issue a one-time license, with such conditions as it may deem proper to secure the purposes of this chapter.
(4)
Any one-time license shall be subject to all conditions
and provisions of this chapter not otherwise inconsistent with this
section.[2]
[2]
Editor's Note: Original § 121-34,
Fees for licenses, added 12-8-1986 by L.L. No. 8-1986, which immediately
followed this section, was repealed 6-27-1988 by L.L. No. 3-1988.
[Added 7-22-1996 by L.L. No. 13-1996]
Any person found to have been doing plumbing
work within the City of Port Jervis without first having obtained
a license from the appropriate City authorities, as required by this
chapter, shall be automatically subject to a mandatory fine of not
less than $300 and not more than $3,000.
