[Amended 5-23-1972 by L.L. No. 11-1972; 12-12-1972 by L.L. No.
27-1972; 9-11-1973 by L.L. No. 21-1973; 8-24-1982 by L.L. No.
18-1982; 10-26-1982 by L.L. No. 24-1982; 12-27-1983 by L.L. No.
2-1984; 6-6-1989 by L.L. No. 19-1989; 5-29-1990 by L.L. No.
20-1990; 6-21-1994 by L.L. No. 13-1994; 2-13-1996 by L.L. No.
5-1996; 12-16-1997 by L.L. No. 1-1998; 11-25-1997 by L.L. No.
24-1997; 5-19-1998 by Res. No. 382-1998; 6-6-2000 by L.L. No.
11-2000; 3-20-2001 by L.L. No. 4-2001; 12-17-2002 by L.L. No.
4-2003, 2-24-2004 by L.L. No. 2-2004; 7-2-2004 by L.L. No.
22-2004; 3-6-2007 by L.L. No. 6-2007; 5-13-2008 by L.L. No.
16-2008; 6-24-2008 by L.L. No. 28-2008; 8-5-2008 by L.L. No.
32-2008; 11-17-2009 by L.L. No. 38-2009; 3-23-2010 by L.L. No.
7-2010]
[1]
Editor's Note: This article was originally adopted 10-26-1971
by L.L. No. 17-1971 as Ch. 275 of the 1985 County Code.
[Amended 4-25-2017 by L.L. No. 12-2017]
It shall be unlawful on and after the effective date of this
article for any person to engage in and carry on in the County any
business, trade or calling for hire regulated by this article without
having first obtained a license, inclusive of, where applicable, having
completed continuing education requirements, therefor from the Office
in accordance with and subject to the provisions of this article,
except that any certificates of qualification or licenses issued for
any such business, trade or calling for hire, issued by any governmental
agency prior to the effective date of this article, shall continue
to remain in full force and effect until the expiration or termination
thereof in accordance with the terms thereof, unless sooner revoked
or suspended for cause. This article shall not be applicable within
any town or village which has hereinbefore enacted legislation regulating
the licensing of business, trade or enterprise nor in any town or
village subsequent to its enactment of any like legislation hereinafter
nor in any town of the second class which elects by local law not
to have this article apply to such town.
As used in this article, the following terms shall have the
meanings indicated:
Businesses engaged in the installation, inspection, erection,
maintenance, alteration or repair of any wire, cable, conduit, busway,
raceway, support, insulator, conductor, appliance, apparatus, fixture
or equipment which generates, transforms, transmits or uses electrical
energy for light, heat, power or other purposes.
Any individual, firm, company, partnership, corporation,
association, or other organization that performs electrical inspections.
A person examining electrical installations, devices and
all relevant components, having a regular place of business in the
State of New York and who, by himself/herself or employees under his
or her supervision and in regular employ, performs electrical inspections
under the current code year and is recognized in the township or village
where he/she performs electrical inspections under the pertinent local
building ordinances.
Gas system piping on premises up to the output connection
with a utility company's pressure regulator valve, but not including
meter equipment.
A person who performs work in the field to be licensed in
the employ of a master.
A person having a regular place of business and who, by himself
or by journeymen under his supervision and in his regular employ,
performs work in the field to be licensed as his principal business
or occupation.
A business engaged in the installation, erection, maintenance,
alteration or repair of piping, fixtures, appliances and appurtenances
in connection with the following: sanitary systems; the attendant
vent systems; gas service systems, including natural, liquefied petroleum
(LP) and medical gas within or adjacent to any building or structure
to their connections with public systems or approved private systems;
and water supply systems within or adjacent to any building or structure
to their connections with public systems or approved private systems.
"Plumbing field" shall not include:
A person performing plumbing and piping maintenance, herein
defined, not for hire;
Employees of a public utility, when engaged in the provision
and maintenance of gas service lines up to the output connection of
a pressure regulator valve or when engaged in the installation of
utility metering equipment; or
Employees of the Suffolk County Water Authority, or successor
agency thereto, when engaged in the provision or maintenance of water
services up to the point of a private property line connection or
when engaged in the installation of Water Authority metering equipment.
A license to engage in a limited area or areas within a specific
business regulated by this article.
A.
Application for certificates of competency and licenses. All applications
for certificates of competency and licenses shall be submitted on
forms furnished by the Office of Consumer Affairs, or its successor,
and shall be accompanied by the required fee of $200. Each application
shall set forth the name, residence address and business address of
the applicant and such information and supporting data concerning
his or her qualifications as may be required.
B.
Qualifications of applicant.
(1)
All applicants shall be at least 21 years of age and shall be
able to read and write the English language. Applicants shall meet
the qualifications, rules and standards as may be prescribed and approved
by the County Legislature.
(2)
All applicants shall demonstrate at least seven years' experience,
within the past 10 years, in the trade for which the license is being
sought before said applicant may take the examination for the trade
for which he has applied for a license.
(3)
No applicant for a license or license renewal shall have any
outstanding judgment for child support against him or her, or be in
arrears in child-support payments as determined by official court
records or official government records, at the time an application
is filed for such license or license renewal. If an applicant has
such a judgment against him or her, or is in such arrears, but is
current in payments on a judicially approved, or Child Support Enforcement
Bureau sanctioned, payment schedule to pay off or reduce such judgment
or arrears, then such individual shall not be deemed ineligible for
a license or license renewal on the grounds of such judgment or arrears.
At least 30 days prior to the expiration of a license, the Office
shall send a written notice to a licensee informing said licensee
of his or her obligation to comply with the provisions of this subsection
pertaining to compliance with child-support obligations. If necessary,
a second written notice shall be sent by the Office to a licensee
60 days after the license has lapsed informing said licensee of his
or her obligation to comply with the provisions of this subsection
pertaining to compliance with the child-support obligations. In addition,
the County Department of Social Services, through its Child Support
Enforcement Bureau, shall notify all current noncustodial parents
of the obligations contained herein.
(4)
All applications shall include a representation by the applicant
that he or she is in compliance with 8 U.S.C. § 1324a, with
respect to the hiring of employees. If such representation is not
made, a license will not be issued. An applicant shall be obligated
to continue to comply with the requirements of 8 U.S.C. § 1324a
during the term of his or her license, and his or her failure to so
comply, as determined by the Director after an investigation by the
Suffolk County Department of Labor or based upon a finding of a federal
court, agency or administrative law judge under the procedures set
forth in 8 U.S.C. § 1324a, shall constitute grounds for
the imposition of a fine or the suspension or revocation of a license
or the denial of an application for the renewal of a license, in accordance
with the applicable provisions of this article. Any determination
made hereunder by the County of Suffolk shall be reviewable pursuant
to Article 78 of the Civil Practice Law and Rules.
(5)
All applications shall include a representation by the applicant
that he or she is making all required payroll tax payments for his
or her employees, including Social Security taxes, Medicare taxes,
and state and federal unemployment taxes. If such representation is
not made, a license will not be issued. The applicant's failure to
make required payroll tax payments during the term of his or her license,
as determined by the Director after an investigation by the Suffolk
County Department of Labor or based upon a finding of a federal or
state court, administrative law judge, hearing officer, or agency
of competent jurisdiction, shall constitute grounds for the imposition
of a fine or the suspension or revocation of a license or the denial
of an application for the renewal of a license, in accordance with
the applicable provisions of this article. Any determination made
hereunder by the County of Suffolk shall be reviewable pursuant to
Article 78 of the Civil Practice Law and Rules.
C.
Examinations. Except as otherwise provided in § 563-129, a certificate of competency and license shall only be issued hereunder to applicants who shall pass an examination and otherwise qualify hereunder.
D.
Examination requirements. Examinations shall be in writing. A complete
record of every examination given shall be kept on file until three
years after the examination. Examinations shall be held at such times
and places as the Office of Consumer Affairs may determine. An applicant
who has failed in his first examination shall not be eligible for
reexamination until three months from the date of such failure. Each
examination shall require a new application fee.
E.
Electrical inspectors shall demonstrate a minimum of seven years'
experience within the past 10 years in the electrical field and certification
from the International Association of Electrical Inspectors.
A.
Any person having a certificate of competency or license in the applicable
trade, business or profession, issued prior to the effective date
of this article by any town or incorporated village in the County
of Suffolk, which certificate of competency or license shall be in
force on the effective date of this article, shall be entitled to
receive from the Office of Consumer Affairs a certificate of competency
and license under the provisions of this article without examination,
provided that such person applies for such certificate of competency
and license within one year from the effective date hereof, and provided
further that such applicant pays such fees as may be required under
the provisions of this article.
B.
Any person who shall have been actively engaged as a master in the
trade, business or profession for which application is being made
in any town or incorporated village in the County of Suffolk where
no license or certificate of competency is now required prior to January
1, 1971, shall be entitled to receive from the Office of Consumer
Affairs a license under the provisions of this article without examination,
upon establishing to the satisfaction of the appropriate licensing
board that he was so actively engaged as a master in the trade, business
or profession for which application is being made for such period,
provided that said master applies for such license within one year
from the effective date hereof, and provided further that such master
pays such fees as may be required.
A.
Notwithstanding the provisions of § 563-6, a certificate of competency and license issued hereunder shall be for a period of two years from the date of issuance thereof, at the discretion of the Office, and shall expire on the last day of the 24th month of such issuance, subject to the provisions contained in § 563-132 of this article. Subsequent renewal shall be for a period of two years.
B.
The fee for a master's certificate of competency shall be $200 per
annum. It may be renewed biennially upon payment of a fee of $400.
The fee for a licensed electrical inspection agency shall be the sum
of $200. It may be renewed biennially upon payment of a fee of $400.
C.
For the purposes of renewal, no certificate or license issued hereunder
shall be assignable or transferable.
D.
Each certificate or license shall at all times be kept conspicuously
displayed in the place of business of the licensee.
E.
The fee for a restricted license shall be $100. It may be renewed
biennially upon payment of $200.
F.
A licensee who determines not to engage in the business regulated
herein may make application to the Office to inactivate indefinitely
his license issued pursuant to this article. The licensee will submit
with the application for shelving said license a fee of $50 for each
annual period of inactivity sought. The Electrical Licensing Board
and the Plumbing Licensing Board shall consider each shelving application
in their respective occupation and recommend to the Director such
actions as they deem appropriate.
G.
Any licensee who has shelved his license shall, prior to reactivation,
appear before the licensing board of his respective trade for a review
of his qualification and fitness. All decisions of said licensing
board with regard to the reactivation of a trade license shall be
final.
H.
Continuing education for electricians.
[Added 4-25-2017 by L.L.
No. 12-2017]
(1)
Applicants seeking to renew a master or restricted electrician's
license, and electrical inspectors, must submit proof of completion
of the continuing education hours and/or credits required pursuant
to the rules and regulations adopted by the Commissioner hereunder.
Acceptable proof of completion of the required continuing education
shall be a certificate of completion or other documentation acceptable
to the Commissioner.
(2)
The Commissioner shall adopt rules and regulations promulgated
and recommended by the Electrical Licensing Board establishing the
number of continuing education hours and/or credits required for license
renewal and the process and criteria by which continuing education
courses and programs will be approved to satisfy such continuing education
requirements. No rule or regulation may be adopted hereunder unless
a public hearing is first held by the Commissioner. Prior notice of
such public hearing shall be published in the official newspapers
of the County at least seven business days prior to said hearing.
The Commissioner shall file a copy of all rules and regulations promulgated
and adopted, and any amendments thereto, in the office of the Clerk
of the County Legislature. Any rule or regulation which changes or
in any way modifies the number of continuing education hours and/or
credits required shall not take effect until at least one year subsequent
to its filing in the office of the Clerk of the County Legislature.
(3)
The Electrical Licensing Board shall establish and maintain
a list of approved continuing education courses and programs. Such
list shall include at least five sources from which electricians and
electrical inspectors may obtain the necessary education credits and
may, in the Board's discretion, include on-line education courses.
The Department shall publish such list on the Department's website,
and shall provide such list to any applicant for renewal of a master
or restricted electrician's license, or an electrical inspector, upon
request.
A.
Licensing boards.
(1)
The Electrical Licensing Board shall consist of 11 members who shall serve for a three-year term. The County Executive, with the approval of the Legislature, shall appoint the 11 members. At least one member shall have background and knowledge in the home appliance repair business as that term is defined by § 563-26.
[Amended 6-3-2014 by L.L. No. 19-2014]
(2)
The Plumbing Licensing Board shall consist of seven members
who shall serve for a three-year term. The County Executive, with
the approval of the Legislature, shall appoint the seven members.
(3)
Each Board shall determine the fitness of applicants for each
particular license and shall investigate and report on all proposed
suspensions or revocations of licenses as hereinafter provided. Each
Board shall be composed of individuals having a personal knowledge
of and interest in the occupation to be licensed, such as representatives
of labor, management, trade or professional associations and appropriate
representatives of government. An Occupational Licensing Director
shall be appointed by the Director of Consumer Affairs and shall serve
as secretary of the licensing board. The Director of Consumer Affairs
shall serve as a nonvoting ex officio member of each board.
B.
Licensing boards' compensation. Each member of an occupational licensing
board shall be compensated not less than $100 for each official meeting
thereof attended in the pursuance of the duties of said board, but
not more than $1,500 in any calendar year.
The licensing boards shall have the following powers and duties:
A.
To hold meetings at regular times and places for the efficient discharge
of the responsibilities and duties of the licensing board.
B.
To make rules for the conduct of their meetings and keep a minute
book of their proceedings, including a record of their examinations
and other official actions.
C.
To examine into the qualifications and fitness of applicants applying for licenses under this article. The Electrical Licensing Board shall also have authority to examine into the qualifications and fitness of applicants applying for licenses under Article III of this chapter.
[Amended 6-3-2014 by L.L. No. 19-2014]
D.
To authorize the Director of Consumer Affairs to issue a certificate
of competency and license.
E.
To conduct meetings and, after a hearing at which all interested
parties are afforded a sufficient opportunity to be heard, submit
recommendations to the Director of Consumer Affairs relating to the
suspension or revocation of occupational licenses for cause.
F.
To keep records of licenses issued, suspended or revoked and to make
such records available for public inspection.
G.
To prepare a manual of rules and regulations for the conduct of examinations
and to furnish copies thereof to persons desiring the same.
H.
To formulate and recommend to the County Legislature for adoption
or amendment a code of rules governing the occupation to which the
business of the board is directed. Said code shall regulate the work
of the licensee to which it applies, including the materials, workmanship
and manner of executing such work. Before making such recommendations,
the licensing board shall confer and meet with representatives of
the designated occupation or business and hold a hearing on the proposed
rules. Reasonable prior notice of the time and place of such hearing
shall be given by publication in the official newspapers of the County.
I.
To formulate and recommend to the County Legislature for adoption or amendment rules and standards for the issuance, suspension and revocation of certificates of competency and licenses, including the conditions for the issuance of same, the type of examination required, the terms and fees, the authority to accept a late license renewal for up to one year from the time the license expired without requiring another test under § 563-128 of this article and the conditions upon and the circumstances under which the same may be revoked or suspended.
J.
To recommend to the Director conditions pursuant to which a restricted
license may be issued.
K.
To promulgate and recommend to the Commissioner rules and regulations
establishing approved continuing education courses and programs, including
number of hours and/or credits required for the renewal of master
and restricted electrician's licenses, including electrical inspectors.
[Added 4-25-2017 by L.L.
No. 12-2017]
Upon proof of entitlement to the provisions of § 563-129A or 563-136 or upon the recommendation of the appropriate licensing board that the provisions of § 563-129B have been met or upon authorization of the appropriate licensing board, the Director of Consumer Affairs shall issue the certificates, licenses and restricted licenses as herein provided. Upon recommendation of the appropriate licensing board, the Director of Consumer Affairs may suspend or revoke any certificate or license issued hereunder.
No holder of a license issued under this article shall authorize, consent to or permit the use of his license by or on behalf of any other person; and subject to the provisions of § 563-126 of this article, no person who has not qualified and obtained a license under this article shall hold himself or herself out to the public as licensed or as the holder of a license issued hereunder, either directly or indirectly, by means of signs, sign cards, metal plates, stationery or in any other manner of advertising whatsoever. Nothing herein contained, however, shall be construed to prohibit the use of a license by the holder thereof for or on behalf of a partnership or corporation, provided that at least one member of the partnership or of the officers of the corporation is licensed for the same business or occupation and that all work performed by such corporation or partnership is performed by or under the direct and continuing supervision of such license holder or holders.
[Amended 6-3-2014 by L.L. No. 19-2014]
The Suffolk County Legislature does hereby create, in the Suffolk
County Department of Labor, Licensing and Consumer Affairs, the following
occupational licensing boards, whose members will be chosen and whose
duties will be as hereinbefore provided:
A.
An Electrical Licensing Board for the issuance of master and journeyman certificates of competency and licenses in accordance with the provisions hereof to qualified persons engaged in the field of electrical work. The Electrical Licensing Board shall also have authority to issue certifications and licenses, in accordance with the provisions of Article III of this chapter, for establishments engaged in home appliance repair businesses, as that term is defined by § 563-26.
B.
A Plumbing Licensing Board for the issuance of master and journeyman
certificates of competency and licenses in accordance with the provisions
hereof to persons engaged in the field of plumbing work.
The Office of Consumer Affairs may issue licenses without examinations,
upon payment of the appropriate fee, to the holders of licenses from
other political subdivisions outside the County of Suffolk, provided
that the qualifications for the issuance of such license are substantially
similar to those required for issuance hereunder.
[Amended 6-17-2014 by L.L. No. 32-2014]
All fees received by the Office of Consumer Affairs pursuant
to the provisions of this article shall be remitted to the County
Comptroller by the Director of Consumer Affairs within 30 days after
they are received for deposit in the general fund of the County.
This article shall not be construed to relieve from or lessen
the responsibility of any person licensed under the provisions hereof
for any loss of life or damage to person or property, nor shall the
County of Suffolk be deemed to have assumed any such liability by
reason of the issuance of any certificate of competency or license.
The licensing board may recommend and the Director of Consumer
Affairs may, upon receipt of such recommendation, require all licensees
to post a surety bond and to furnish certificates of public liability
and property damage insurance, the minimum and maximum amounts of
which shall be established by the Director of Consumer Affairs.
The Director shall have the power to impose a fine not to exceed
$750 for a first violation and $1,500 for any subsequent violation
upon a licensee or to suspend or revoke a license or to deny an application
for the renewal of a license for any one or more of the following
causes:
A.
Fraud, deceit, misrepresentation or bribery in securing a license.
B.
The making of any false statement in an application for a license.
C.
Violation of any provision of this chapter, Chapter 387, Consumer Protection, of this Code, or any rule or regulation promulgated thereunder.
D.
Discrimination against any employee or applicant for employment with
respect to the recruiting, hiring or discharge of such employee or
applicant for employment, because of race, creed, color, national
origin, sex, age, gender, disability, sexual orientation, military
status, or marital status, or in the case of a citizen or national
of the United States or an alien who is lawfully admitted for permanent
or temporary residence, or a refugee or an individual who is granted
asylum, because of such individual's citizenship status.
In addition to the civil penalties applicable to all licenses pursuant to § 563-9 of this chapter, any person who shall violate any provision of this article shall be guilty of a misdemeanor and subject to a fine of not more than $5,000 or imprisonment for not more than one year, or both.
