[HISTORY: Adopted by the City Council of the City of Troy 7-6-1978 (Ch. 23 of the 1973 Code); amended in its entirety 9-5-2019 by Ord. No. 72. Subsequent amendments noted where applicable.]
For the purposes of this chapter, the following definitions shall apply:
- BOARD or BOARD OF EXAMINERS
- The Examining Board of Plumbers provided for in this chapter.
- MASTER PLUMBER
- A person who holds a Class A license issued in accordance with the provisions of this chapter.
- A natural person.
There is hereby created a board to be known as the "Examining Board of Plumbers," which shall consist of three members as follows:
Three master plumbers with at least 10 years' experience in the City of Troy, primarily engaged in the plumbing field.
Each member shall be appointed by the Mayor to serve a term of three years, unless sooner removed by the Mayor. Any appointed member may be removed by the Mayor for malfeasance in office, incapacity, or neglect of duty.
The administrator of the Board shall be the City Clerk.
As of January 1, 2020, each member of the Board shall receive a fee of $600 per year, and the administrator shall receive a fee of $1,200 per year. Each member of the Examining Board who is qualified to hold a Class A license shall be entitled to receive such license and/or renewals thereof without paying a fee.
The Examining Board of Plumbers shall elect its own Chair. A majority of the membership of the Board shall constitute a quorum to transact the business of the Board. The Board shall meet at the call of the Chair, who shall call a meeting whenever they or a majority of the Board shall consider such meeting desirable for the proper and efficient conduct of the business of the Board.
The Examining Board of Plumbers as already constituted is authorized and empowered to conduct the necessary examinations and to issue Class A licenses in conformity with, and to carry into effect, the provisions of this chapter.
No person shall perform any plumbing or draining work in the City unless such person is the holder of Class A license as provided for in this chapter, or is working for a company that employs a plumber who holds a Class A license as provided for in this chapter.
Every company performing plumbing work in the City of Troy must employ a licensed master plumber.
Nothing herein contained shall be construed so as to prohibit or prevent any person from installing, altering, or extending the plumbing, apparatus, fixtures, machinery, appliances or appurtenances in his/her own property.
Any person desiring to procure a Class A license as provided for in this chapter shall make application for such license to the City Clerk using the form provided and submitting such documentation as shall be required by the Board.
The City Clerk shall within five days after the receipt of an application for a Class A license deliver such application to the Board of Examiners, who shall assess the application to determine the fitness of the applicant to take the written examination.
The Board shall examine applicants for licenses to determine the qualifications and fitness of the applicants to receive Class A licenses to engage in business as master plumbers. The nature of the examinations conducted under this chapter shall be determined by the Board. The Board and the administrator shall adopt such written rules and regulations as they may deem necessary for such examinations.
Applicants must earn a minimum grade of 75% to pass the exam. An applicant who has failed in his first examination shall not be entitled to another examination until after 90 days from the date of such failure; an applicant who has failed twice or more shall not be entitled to any additional examination until after six months from the date of the last preceding failure.
Upon notification by the Board of Examiners that the applicant has passed the examination and that the applicant has met all the requirements of the Board to receive a Class A license, the City Clerk shall issue the license to engage in the business as provided for in § 228-3. All Class A licenses shall be numbered in the order in which they are issued, and each license shall state the class of license, the name and address of the holder, and the expiration date of the license.
At the time of examination, approved applicants shall pay a nonrefundable exam fee of $100.
Upon passing the exam, a Class A license shall be issued for a fee of $150 and shall expire at the end of the calendar year in which it was issued.
For each subsequent renewal of a Class A license, a fee of $150 shall be paid.
All fees shall be paid to the City Clerk and shall be subsequently paid by the City Clerk to the Treasurer of the City.
Each Class A license shall expire at the end of the calendar year in which it was issued, consistent with § 228-6 herein. Each Class A license shall be renewed, without further examination, if the complete application for renewal and appropriate renewal fee are received by the City Clerk on or before December 15 of each calendar year. A completed renewal application shall include either proof of workers' compensation/disability insurance (NYS Form C-105.2) or proof of exemption (NYS Form CE-200).
The City Clerk shall accept the filing of all late applications received after December 15, provided the late application is received by the City Clerk within nine months of the filing deadline. The applicant must pay the annual filing fee plus a late filing fee of $250 upon submission of the late renewal application. Upon receipt of the late renewal application and all fees, the City Clerk shall issue the renewal license.
Renewal applications received after nine months of the filing deadline shall be required to retake the licensing examination.
No license granted under this chapter shall be transferable, and no license shall be used for the interests of any unlicensed plumber, except as provided for in § 228-3.
Upon presentation to the Board of Examiners of charges that the holder of any license has willfully violated any of the provisions of any ordinances of the City or is incompetent to comply with such provisions, the Board of Examiners shall fix a time and place for a meeting to consider such charges and shall notify the holder of the license to be present at such meeting. Such notification shall be in writing and shall be delivered to the holder at least five days in advance of the meeting.
If upon a hearing of the Board of Examiners of all evidence offered it shall be decided by the Board of Examiners that such holder of a license has willfully violated any of the provisions of any such ordinance, or by continued violation has proven his incompetency to comply with any of the provisions of any such ordinance, then the Board of Examiners shall revoke the license of such holder. When a license has been revoked, a new license shall not be granted to the same person until a period of at least 90 days has elapsed after such revocation.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.