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HomeMy WebLinkAbout2025-11-24 AgendaCITY OF ITHACA 510 First Street Ithaca, New York 14850 DEPARTMENT OF PUBLIC WORKS, WATER & SEWER DIVISION Telephone: 607/272-1717 Fax: 607/277-5025 Examining Board of Plumbers Notice of Meeting & Agenda To: City of Ithaca Plumbing Board From: Joe Donofrio Plumbing Inspector Date: November 24, 2025, 2025, Subiect: Agenda for Plumbing Board Meeting. 1. Call to Order I.I. Introduction 1.2. Agenda Review 2. Reports from Plumbing Inspector 2.1. Violations 2.2. Backflow 2.3. Grease traps 2.4. Fines / reinspection fee 3. Public to be heard. 3.1. Public comment 20 minutes 3.2. Board comment 4. Tommy Hayward 4.1. Masters test 4.2. Board comment 5. Aaron Vergason 5.1. Board comment b. Dave Warden 6A. Board comment 7. Scott Gibson 7.1. Board comment 7.2. Board Meetings 8. Code / Enforcement items. 9. Meeting Wrap-up Joe Donofrio City of Ithaca Plumbing Inspector Email: jdonofrio@cityofithaca.org Cell: Phone: 607-256-4168 Office # 607-272-1717 ext. 4329 10/16/25, 1:10 PM Article IV Plumbing City of Ithaca, NY Plumbing § 146-16 Title. This article shall be known and cited as the "Plumbing Code of the City of Ithaca." § 146-1 i Purpose. The purpose of this code is to provide basic and uniform plumbing rules and regulations, in terms of performance objectives implemented by specific requirements, establishing reasonable safeguards for sanitation in and adjacent to buildings to protect the public health against the hazards of inadequate or unsanitary plumbing installations and to promote available, competent plumbing services for all consumers. § 146-1 S Construal; conflict with other provisions. This article applies to the administration and enforcement of Article 4 of the General City Law and the New York State Uniform Fire Prevention and Building Code (hereafter referred to as the "Building Code") applicable to plumbing and all local provisions as set forth herein. The local provisions set forth herein in certain part derive from and are otherwise intended to supplement Article 4 of the General City Law and the Building Code applicable to plumbing. To the extent that any local provision is irreconcilably inconsistent in whole or in part with any provision of Article 4 of the General City Law or any part of the Building Code applicable to plumbing, then the same is void and unenforceable. § 146-19 Interpretation, The provisions herein shall be interpreted in accordance with generally accepted plumbing principles, Article 4 of the General City Law and the Building Code applicable to plumbing. Any remaining questions or clarifications shall be left to the discretion of the Plumbing Inspector and the Examining Board of Plumbers, subject to rights of appeal as set forth herein. § 146-20 Applicability. All plumbing work in the City and all plumbing work where the real property is situated outside the City and will obtain its water supply from water furnished by the City or where the sewage from the property will eventually be discharged through the sewerage system of the City, including the connection of water heaters and domestic water -heating systems to the City water supply, shall come under the provisions of this article. § 146-21 Work in progress. Work in progress on the effective date of this article and work for which the plans have heretofore been approved are excepted from the provisions of this article and shall be performed in accordance with the Plumbing Code local laws and regulations and ordinances in force an effect prior to the effective date of this article. § 146-22 Definitions. As used in this article, the following terms shall have the meanings indicated: APPRENTICE PLUMBER Any person in the employment of a registered, licensed master plumber, or duly enrolled in any state or federal certified plumbing apprentice program, who is a beginner or novice in the trade of plumbing for a minimum period of four years. CERTIFICATE OF COMPETENCY https://ecode36C.com/8387368 1110 10/16/25, 1:10 PM City of Ithaca„ NY Plumbing ,A certificate issued by the Examining Board of Plumbers certifying that the person indicated has been duly examined and has been found to be responsible, qualified and competent to conduct the business of plumbing in this City as a master plumber or to engage in the trade of plumbing in this City as a journeyman plumber. CODE APPEALS BOARD The Building Code Board of Appeals, as constituted under § 146-10 of this chapter, and the Plumbing Inspector as an ex officio, nonvoting member shall sit as the Code Appeals Board of the City of Ithaca. EXAMINING BOARD OF PLUMBERS The examining and supervising board of individuals, constituted and charged as set forth herein. INSPECTOR The chief inspector of plumbing and drainage charged with the enforcement of this code and plumbing rules and regulations governing plumbing and drainage. JOURNEYMAN PLUMBER One who has served an apprenticeship and has qualified by examination or experience to perform the work of installing plumbing and drainage under the direction of a master plumber and who is so certified by the Examining Board of Plumbers and is registered within the current calendar year. MASTER PLUMBER One who is qualified and duly licensed to engage in the trade, business or calling of plumbing and gas -fitting and/or the business of contracting for the installation of such work, as defined in and according to this code, Article 4 of the General City Law and the Building Code applicable to plumbing, and who holds a certificate of competency issued by the Examining Board of Plumbers and is registered and licensed within the current calendar year. MINOR REPAIRS Repairs involving only the working parts of a faucet or valve or the clearance of stoppages or the stopping of leaks or the replacement of a defective faucet or valve with a new one of the same or similar type. PLUMBING Within buildings, the installation, repair, replacement and relocation of the pipes, fixtures and other apparatus for bringing in and distributing the water supply, removing liquid and waterborne waste and removing rainwater and other liquid drainage. The term is also used to denote the installed fixtures, drainage vent and piping of a building. PLUMBING SYSTEMS When applied to building or premises, includes the water supply distributing pipes, the fixtures and the fixture traps, the soil, waste and vent pipes, the building house drain and the building house sewer and the storm water system, with their devices, appurtenances and connections within the building and adjacent premises. Such term shall also include the primary City water supply connected to any plumbing fixture appliance, heatlhg or cooling boiler or compressor, humidifier or any other apparatus or device, automatic or no automatic, instantaneous, tank- or thankless -type, direct or indirect domestic water -heating equipment or any other type of equipment which receives its primary water supply from the Ithaca City water system, also including the main drains or waste frorn such equipment. PRIVATE PROPERTY OWNER The actual or beneficial owner of private real property covered by this article. A tenant or other no owning occupant shall not be considered a private property owner. PRIVATE PROPERTY PLUMBING https://ecode360.com/8387368 2110 10/16/25, 1:10 PM City of Ithaca, NY Plumbing Within buildings, the installation,, repair, replacement and relocation of the pipes, fixtures and other apparatus for bringing in and distributing the water supply, removing liquid and waterborne waste and removing rainwater and other liquid drainage by the private property owner only on premises actually owned by the owner. The term Is also used to denote the installed fixtures, drainage vent and piping of the building by a private property owner on premises owned by the owner. The term does not include any plumbing in new building construction, except residential property by the residential owner of such property; it also does not include any industrial plumbing or any plumbing involving chemicals or toxic wastes other than sewage wastes. All private property plumbing is subject to the permit, fee and inspection requirements of this article and must otherwise meet all Plumbing Code requirements. § 146-23 Examining Board of Plumbers. A. Composition. The Examining Board of Plumbers shall be composed of two master plumbers with not less than to years' experience as licensed plumbers and one journeyman plumber with io years' experience, to be appointed by the Mayor and to serve terms of three years each; the Assistant Superintendent of Public Works for water and sewer; and the Plumbing Inspector. [Amended 3-6-2019 by Ord. No, 2019-03] B. Powers and duties. The Examining Board of Plumbers shall have the power and it shall be its duty: (1) To meet at stated intervals and also to meet whenever the Board of Health or the Mayor shall, in writing, request it so to do. (2) To have jurisdiction over and to examine all persons desiring or intending to engage in the trade or business of plumbing in the City of Ithaca; to examine persons applying for certificates of competency as master plumbers, journeyman plumbers or inspectors of plumbing; to determine the fitness and qualifications of such applicants to conduct the business of plumbing or to act as inspectors of plumbing; and to issue certificates of competency to all such persons who shall have passed a satisfactory examination before such Board and shall be by it determined to be qualified as plumbers or competent to act as inspectors of plumbing. (3) To formulate, in conjunction with the Tompkins County Board of Health or an officer, board or body performing the duties of the Board of Health, a code of rules regulating the work of plumbing and drainage in Ithaca, including private property plumbing, including the materials, workmanship and manner of executing such work and amendments thereto. (4) To charge and collect from each person applying for examination the sum of $10 for each examination. All moneys so collected shall be paid over by the Board weekly to the City Chamberlain. (5) To review and submit to the Code Appeals Board for recommendation to the Board of Public Works fee schedules for registration, licensing, examination, fixture fees and other additions to be approved by the Code Appeals Board and the Board of Public Works, as necessary, not inconsistent with other state and local laws. § 146-24 Plumbing Inspector. A. Qualifications. The position of Plumbing Inspector is hereby continued. The Plumbing Inspector shall: (1) Be appointed by the Board of Public Works, to act under the supervision of the Superintendent Public Works, subject to related terms of employment. (z) Be a practical plumber. (3) Not be engaged, either directly or indirectly, in the business of plumbing during his/her term of office. https://ecode360.com/8387368 3/10 10/16/25, 1:10 PM City of Ithaca, NY Plumbing (4) First obtain a certificate of competency from the Examining Board of Plumbers, (5) Be a citizen and actual resident of the City of Ithaca unless waived by the Board of Public Works by a majority of its members, upon conferral with the Director of Human Resources, and if so waived be a citizen and actual resident of Tompkins County or an abutting or adjacent county. B. Duties. The duties of the Plumbing Inspector shall be: (1) The examination and approval of plans and specifications. (2) The inspection of plumbing and drainage. (3) The conduct of tests. (4) The issuance of plumbing permits and certificates of approval upon payment of all appropriate fees. All moneys so collected shall be paid over weekly to the City Chamberlain. (5) Advisory service to the public in matters of plumbing regulations. (6) The reinsertion and sanitary maintenance of plumbing and private property plumbing. (7) Investigation of all written complaints and all alleged violations of this code and tiling of complaints accordingly, (8) The enforcement of this code by all means available at law, including but not limited to the reporting of any violations, in writing, to the Superintendent of Public Works and the Director of Planning and Development or designee, who shall have the power to make such orders and to take such action as may be proper requiring the owner of such property to comply with this code and to replace, repair, reconstruct or reinstall such plumbing in accordance with this code under the supervision of the Plumbing Inspector. [Amended 6-5-2013 by Ord. No. 2013-15r'l] [i] Editor's Note: This ordinance provided for an effective date of 1-7-2074. § 146-25 Registration. A. Master plumber. (1) Every employing or master plumber, before engaging in the trade, business or calling of plumbing in the City of Ithaca, shall: (a) Appear in person at the office of the City Chamberlain and register his/her name and place of business in a book kept for that purpose. (b) Furnish a certificate of competency as a master plumber, signed by the Examining Board of Plumbers, that the applicant is known to it as a person educated to the business and qualified to receive a license. (c) Furnish proof of liability insurance coverage as required by § 146-28 below. (d) Obtain the license plate prescribed by § 45 of the General City Law. (2) Upon payment of the designated fee, he/she shall be entitled to receive a plumbing license as a master plumber. No license shall be issued for more than one year, and it must be renewed before the loth day of January of each succeeding year. The fee for the original license shall be $ioo. The fee for the renewal of such license shall be $25 annually. (3) Notice of any change in the place of business of a registered master plumber shall be given to the City Chamberlain, in writing, within io business days of the change. Master plumbers shall not sell, loan or assign their certificates or licenses. B. Journeyman plumber. https://ecode360.com/8387368 4110 10/16/25, 1:10 PM - City of Ithaca, NY Plumbing (1) Every. journeyman plumber, before engaging in the trade of ,plumbing in the City of Ithaca, shall: (a) Appear in person at the office of the City Chamberlain and register by name and employer in a book kept for that purpose. (b) Furnish a certificate of competency as a journeyman, signed by the Examining Board of Plumbers, that the applicant is known to it as a person qualified as a journeyman to work in the City of Ithaca and to receive a license. (c) Furnish proof of liability insurance coverage as required by § 146-28 below. (2) Upon payment of the designated fee, he/she shall be entitled to receive a plumbing license as a journeyman plumber. No license shall be issued for more than one year, and it must be renewed before the loth day of January each succeeding year. The fee for such license and registration shall be $10 annually. (3) Notice of any change in employment of a registered journeyman plumber shall be given to the City Chamberlain, in writing, within io business days of the change. Journeyman plumbers shall not sell, loan or assign their certificates or licenses. C. Apprentice plumber. Every apprentice plumber, within 3o days after enrollment in any state or federal certified apprentice program or before engagement in any independent apprentice employment by a master plumber In the trade of plumbing in the City of Ithaca, shall: (i) Appear in person at the office of the City Chamberlain and register his/her name, the nature of the apprentice program and employment, if any, and the name of his/her employer in a book kept for that purpose. (2) Furnish proof of liability insurance coverage as required by § 146-28 below. (3) So register annually before the loth day of January. (4) Pay an annual registration fee of $5. (5) Give written notice of any change in apprentice program or employment to the City Chamberlain within 10 days of such change. § 146-26 Examination and certification. A. Certification of competency as a master plumber. (7) Experience. No person shall be examined by the Examining Board of Plumbers for a master plumber's certificate unless he/she shall have had experience as a plumber for at least eight years total, within the sound discretion of the Examining Board of Plumbers. Four years as a journeyman plumber must be included in the eight years' experience, within the sound discretion of the Examining Board of Plumbers. Documented proof of such experience is mandatory. The examining Board of Plumbers may, in Its discretion, waive the requirements of this subsection where a person's training and experience shall be the substantial equivalent of the foregoing requirement. (2) Examination. (a) An examination shall be given to all qualified applicants for a certification of competency as master plumber. (b) The examination shall be in two parts: [i] Practical tests to determine the applicant's skill as a journeyman plumber. [2] A written examination, in standardized form, which shall consist of questions and problems designed to determine the applicant's fitness and qualifications to https://ecode360.com/8387368 5/10 10/16/25, 1:10 PM City of Ithaca, NY Plumbing engage in the bus.iness.of employing or.master plumber, All written examinations shall be answered in the handwriting of the applicant in the English language. (c) The times and places of holding examinations shall be at the discretion of the Examining Board of Plumbers and no less than once per year. However, the Board shall give such examinations more frequently and at such times as may be necessary to ensure that applicants will not be delayed unreasonably in the taking of such examinations. The Board shall give reasonable notice of such times and places to the applicants. The Board shall announce the results of such tests within 3o days after completion. (d) If an applicant fails the examination, he/she may retake the examination no more than twice per year thereafter. (3) Other qualifications. A person who passes the examination shall be eligible to receive a certificate of competency, provided that the Board is satisfied that he/she is a person of good repute, character and responsibility nod otherwise qualified to engage in the business of plumbing in the City of Ithaca. It shall be presumed that a person who passes the examination shall be "otherwise qualified to engage in the business of plumbing in the City of Ithaca." B. Certification of competency as a journeyman plumber. (i) Experience. No person shall be examined by the Examining Board of Plumbers for a journeyman plumber's certificate unless he/she shall have had experience as a plumber or an apprentice plumber or was duly engaged in an accredited apprentice program for at least four years. Documented proof of such experience or apprenticeship is mandatory. The Examining Board of Plumbers may, in its discretion, waive the requirements of this subsection when a person's training and experience shall be the substantial equivalent of the foregoing requirements. (2) Examination. (a) An examination shall be given to all qualified applicants for a certification of competency as a journeyman plumber. (b) At the option of the applicant, there shall be either a written examination in standardized form, or an oral examination before the Examining Board of Plumbers which shall cover questions and problems designated to determine the applicant's fitness and qualifications to engage In the trade of plumbing as a journeyman plumber. The written examination shall be answered in the handwriting of the applicant in the English language. (c) The times and places of holding examinations shall be at the discretion of the Examining Board of Plumbers and no less than once per year. However, the Board shall give such examinations more frequently and at such times as may be necessary to ensure that applicants will not be delayed unreasonably in the taking of such examinations. The Board shall give reasonable notice of such times and places to the applicants. The Board shall announce the results of such tests within 3o days after completion. (d) If an applicant fails the examination, he/she may retake the examination no more than twice per year thereafter. (3) Waiver of examination. The examination is waived for and a certificate of competency as a journeyman plumber shall be issued to all plumbers who are or shall be otherwise qualified as journeyman plumbers herein prior to January 1, 1983. § 146-27 Plumbing licenses. https:Hecode360.com/8387368 6/10 10/16/25, 1:10 PM City of Ithaca, NY Plumbing No person or entity shall engage in, work at or conduct the business of plumbing within the City of Ithaca without a license. Plumbing licenses shall not be transferred or loaned by one person or entity to another. This section does not apply to private property plumbing, as defined above. A. The City Chamberlain shall issue a plumbing license as a master plumber to all master plumbers who comply with the provisions of § 146-25A of this article. B. The City Chamberlain shall issue a plumbing license as a journeyman plumber to all journeyman plumbers who comply with the provisions of § 146-25B of this article. C. The City Chamberlain shall issue a special plumbing license for a specific job to any person holding a current master plumber's license issued by any municipality of the State of New York under the provisions of Article 4 of the General City Law, provided that such person first: (1) Appears in person at the office of the City Chamberlain and registers in a book kept for that purpose by name, usual place of business and specified job within the City of Ithaca. (2) Furnishes proof of his/her current master plumber's license. (3) Furnishes proof of liability insurance in the amount and kind as that required by § 146-28 of this article. (4) Pays a fee for such license in the amount of $ioo. This special license is valid only for the job specified and shall expire when the job is completed. D. A domestic corporation desiring or intending to conduct the trade, business or calling of a plumber or of plumbing in this City may do so, provided that one or more officers of such corporation separately or aggregately actually hold and own at least 579/0 of the issued and outstanding capital stock of the corporation, and provided that each of such officers holding such percentage of the stock is the holder of a certificate of competency issued in accordance with the provisions of this article. In case one or more officers of a corporation engaged in such business shall die, being the holder of a certificate of competency, the corporation may continue to do business during the time necessarily required for the administration of the estate of such deceased officer, not exceeding two years from the granting of letters, provided that one or more officers of the corporation is the holder of a certificate of competency and, to ether with the legal representatives of such deceased officer or officers, actually owns and holds at least 51% of the issued and outstanding capital stock of said corporation. Each and every member of the corporation holding a certificate of competency shall be licensed and shall comply with all the rules and regulations applicable to master or employing plumbers in this article. Such corporation shall register as provided in § 146-25 of this article. § 146-28 Insurance. Every person or entity who desires or intends to engage in the trade, business or calling of plumbing in the City of Ithaca must obtain liability insurance coverage in the minimum amount of $7oo,000 for property damage and $3oo,000 for public liability, including bodily injury. § 146-29 Revocation or suspension of license; appeals. A. Any person or entity who or which is found in violation of any provision of this article is subject to suspension or revocation of his/her plumbing license or privilege as a private property owner to secure a permit for private property plumbing for up to one year, in addition to any sanctions or penalties set forth elsewhere in the Code or New York State law. B. The Examining Board of Plumbers shall have the power to conduct hearings on charges of incompetency or the violation of any provision of this article by any plumber to whom a license has been issued and may revoke or suspend for a period of no more than one year the license of any plumber found guilty of any or all of the charges preferred against him/her. The plumber or private property owner charged with incompetency or a violation of this article shall be served with a written notice specifically setting forth the charges of incompetency or violations with https://ecode360.com/8387368 7/10 10/16/25, 1:10 PM City of Ithaca, NY Plumbing which he/she is charged, which notice shall be served on him/her personally or by registered mail not less than to days prior to the hearing. The party charged may be represented by counsel and shall have the right to cross-examine witnesses in the defense or the charges or violations. A majority vote of the entire Examining Board of Plumbers shall be required in order to revoke or suspend a certificate of competency. C. Any person or entity who or which disagrees with any ruling, decision or conduct of the Plumbing inspector which affects him/her or it or is aggrieved by the application of any provision of this article may appeal the same to the Examining Board of Plumbers. Such appeal must be made in writing and filed with the Examining Board of Plumbers within 3o days of the ruling, decision, conduct or application appealed from. The Examining Board of Plumbers shall hear the appeal within 3o days after it is filed and render its decision within 3o days thereafter. D. Any person or entity who or which disagrees with any ruling, decision or conduct of the Examining Board of Plumbers which affects him/her or it may appeal the same to the Code Appeals Board. Such appeal must be made in writing and filed with the Code Appeals Board within 3o days of the ruling, decision or conduct appealed from. The Code Appeals Board shall hear the appeal within 30 days after it is filed and render its decision within 3o days thereafter. For purposes of this article, the decision of the Code Appeals Board is final, subject to judicial review. § 146-30 Permits. A. Requirement for permit. No person or entity shall do any plumbing worm or do any work involving or affecting a plumbing system, except minor repairs, without first obtaining a written permit therefor. This permit shall be obtained from the Plumbing inspector by the licensed plumber who or whose firm has been employed to do such work or by a private property owner who intends to engage in private property plumbing, as defined in this article. B. Application and issuance. (i) The Plumbing Inspector shall not issue any permit except upon a written application which shall detail the character of the plumbing or repair work to be done, the number and location of street openings, if any, and the number, name, character and location of plumbing fixtures to be repaired or put in and which shall be signed by the party applying therefor. Plans and/or specifications shall be approved prior to Issuance of a permit. Upon approval of such application, plans and/or specifications, the Inspector shall issue a permit accordingly. The original shall be issued to the party applying therefor, and a duplicate, together with such application, shall be kept as a permanent record in the Plumbing inspector's office. (2) After a plan or specification has been approved, no significant alterations of the same will be allowed except on written application to the Plumbing inspector. The Plumbing Inspector shall review the application and issue a supplementary permit as appropriate before any part of the change is started. C. Fees. No permit for plumbing and drainage work shall be issued nor reinspections made, as necessary, until the fees required for the same are paid in full to the Plumbing Inspector. All moneys so collected shall be paid over weekly by the Plumbing Inspector to the City Chamberlain. (1) City of Ithaca plumbing permit fee schedule. [Added 8-7-2013 by Ord. No. 2013-11 ] (a) New construction fees. [Added 9-6-2023 by Ord. No. 2023-05] https://ecod e360.com/838736 8 8/10 loll 6125, 1:10 PM City of Ithaca, NY Plumbing D. Type of Construction Single-family residences Multiple residences Two to io units 11 to 20 units 21 units or more Commercial or other plumbing work Under $25,000 $25,000 to $100,000 $100,001 to $500,000 Over $500,000 (b) Fees for renovations and additions. [Added 9-6-2023 by Ord. No. 2023-05] Type of Construction Single-family residences Multiple residences Commercial or other plumbing work Fee Application fee of $125 plus $15 per fixture Application fee of $15o plus $15 per fixture Application fee of $30o plus $15 per fixture Application fee of $boo plus $15 per fixture Application fee of $300 plus $20 per fixture Application fee of $450 plus $2o per fixture Application fee of $700 plus $20 per fixture Application fee of $1,00o plus $20 per fixture Fee Application fee of $too plus $i5 per fixture Application fee of $150 plus $15 per fixture Application fee of $300 plus $20 per fixture (c) Partial service users. All permit fees for work conducted on premises not connected both to City water and City sewer service or not anticipated to be connected both to City water and City sewer service once connected to any water or sewer service shall be based on the City of Ithaca plumbing permit fee schedule for commercial or other plumbing work plus 15% of the total therein specified. Inspections and tests. (1) The Plumbing Inspector shall be notified promptly when the plumbing and drainage work of any building or portion thereof is completed and ready for inspection and/or testing. All work must be left uncovered and convenient for examination until inspected and approved. Any plumbing installed and covered without notice to the Inspector must be uncovered for Inspection at the direction of said Inspector. If said work shall be found by the Inspector to comply with all rules, regulations and code and shall stand the test or tests as prescribed and customary in the trade, said Inspector shall approve the same and so certify. The work may then be covered up. (2) The Inspector shall make inspections or otherwise approve the work within two business days after inspection has been called for. (3) No application for inspection of any work will be accepted unless the plumber has previously filed with the Plumbing Inspector and has had approved by the Plumbing https:flecode360.com/8387368 9110 10/16125, 1:10 PM City of Ithaca, NY Plumbing Inspector an application with specifications and/or plans of the work to be executed. § 146-31 Technical regulations. The Examining Board of Plumbers, in conjunction with the Tompkins County Board of Health, shall establish and promulgate written, local regulations concerning the technical aspects of plumbing and plumbing systems, including water heaters and water -heating systems, not inconsistent herewith and subject to review and approval by the Code Appeals Board and the Board of Public Works, as necessary. § 146-32 Disputes. In the case of a dispute between a plumber and the Plumbing Inspector as to the proper interpretation of any of the provisions of the Plumbing Code, the Plumbing Inspector shall report the facts to the Examining Board of Plumbers, which shall set a date for a hearing and, as soon as practicable, render its interpretation. https://ecode360.com/8381368 10110 SECTION 40 Definitions General City (GCT) CHAPTER 21, ARTICLE 4 § 40. Definitions. When used in this article, the words "employing or master plumber" shall mean a person having a regular place of business and who, by himself or journeymen plumbers in his employ, performs plumbing work. SECTION 40-A Examining boards of plumbers in cities General City (GCT) CHAPTER 21, ARTICLE 4 § 40-a. Examining boards of plumbers in cities. The existing boards for the examination of plumbers in cities of this state are continued and each shall be known as the examining board of plumbers. Such board in each city shall continue to consist of five persons to be appointed by the mayor, of whom two shall be employing or master plumbers of not less than ten years' experience in the business of plumbing, and one shall be a journeyman plumber of like experience, and the other members of such board shall be the chief inspector of plumbing and drainage of such city, or officer performing the duties of such inspector, and the chief engineer having charge of sewers in such city, but in the event of there being no such officers in such city, then any two other officers having charge or supervision of the plumbing, drainage or sewerage, whom the mayor shall designate or appoint, or two members of the board of health of such city having like duties or acting in like capacities. SECTION 41 Term of office; vacancies General City (GCT) CHAPTER 21, ARTICLE 4 § 41. Term 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. 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 their 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. SECTION 42 Compensation of members of board General City (GCT) CHAPTER 21, ARTICLE 4 § 42. Compensation of members of board. The master and journeymen plumbers serving as members of such board shall receive such compensation for their services as shall be determined by the board of estimate and apportionment or other similar body authorized by law to fix and determine the compensation of city officers and employees. SECTION 43 Qualifications General City (GCT) CHAPTER 21, ARTICLE 4 § 43. Qualifications. All members of such board shall be citizens and actual residents of the cities in which they are appointed, except in the city of Niagara Falls where such members shall be citizens and actual residents of the county wherein the city is situated, the city of Middletown where such members shall either be citizens and actual residents of the county wherein the city is situated or anywhere within a twenty-five mile radius of such city within this state, and except in the city of Coming where such members shall be citizens and actual residents of the county wherein the city is situated or in an abutting or adjacent county, and except in the city of Rochester where such members shall be citizens and actual residents of the county wherein the city is situated, and except in the city of Watertown where such members shall be citizens and actual residents of the county wherein the city is situated. Provided however, in any city with a population of less than twenty-five thousand, or in any city which has less than four master plumbers, such members may be residents of the county or counties wherein the city is situated. SECTION 44 Powers and duties General City (GCT) CHAPTER 21, ARTICLE 4 § 44. Powers and duties. The several examining boards of plumbers shall have power and it shall be their duty: 1. To meet at stated intervals in their respective cities; they shall also meet whenever the board of health of such city or the mayor thereof shall in writing request them so to do. 2. To have jurisdiction over and to examine all persons desiring or intending to engage in the trade, business or calling of plumbing as employing plumbers in the city in which such board shall be appointed with the power of examining persons applying for certificates of competency as such employing or master plumbers or as inspectors of plumbing, to determine their fitness and qualifications for conducting the business of master plumbers or to act as inspector of plumbing, and to issue certificates of competency to all such persons who shall have passed a satisfactory examination before such board and shall be by it determined to be qualified for conducting the business as employing or master plumbers or competent to act as inspectors of plumbing. 3. To formulate in conjunction with the local board of health of the city or an officer, board or body performing the duties of a board of health a code of rules regulating the work of plumbing and drainage in such city, including the materials, workmanship and manner of executing such work and from time to time to add to, amend or alter the same, or in their discretion to adopt the standard plumbing code recommended by the state department of health. 4. To charge and collect from each person applying for examination the sum of ten dollars for each examination made by such board, and all moneys so collected shall be paid over by the board monthly to the chamberlain or treasurer of such city in which such board shall be appointed. SECTION 45 Examinations; conducting business without certificate prohibited General City (GCT) CHAPTER 21, ARTICLE 4 § 45. Examinations; conducting business without certificate prohibited. A person desiring or intending to conduct the trade, business or calling of a plumber or of plumbing in a city of this state as employing or master plumber, shall be required to submit to an examination before such examining board of plumbers as to his experience and qualifications for such trade, business or calling, and it shall not be lawful in any city of this state for a person to conduct such trade, business or calling, unless he shall have first obtained a certificate of competency from such board of the city in which he conducts or proposes to conduct such business. SECTION 45-A Corporations may conduct business General City (GCT) CHAPTER 21, ARTICLE 4 § 45-a. Corporations may conduct business. A domestic corporation desiring or intending to conduct the trade, business or calling of a plumber or of plumbing in a city of this state, as employing or master plumber, may do so provided one or more officers of such corporation separately or aggregately actually hold and own at least fifty-one per centum of the issued and outstanding capital stock of said corporation, and provided that each of such officers holding such percentage of the stock is the holder of a certificate of competency of such board of the city in which it conducts or proposes to conduct such business as provided in section forty-five. In case one or more officers of a corporation engaged in such business shall die, being the holder of a certificate of competency, the corporation may continue the business during the time necessarily required for the administration of the estate of such deceased officer, not exceeding two years from the granting of letters, provided one or more officers of the corporation is the holder of a certificate of competency and together with the legal representatives of such deceased officer or officers, actually owns and holds at least fifty-one per centum of the issued and outstanding capital stock of the said corporation. Each and every member of said corporation holding a certificate of competency shall comply with all the rules and regulations applicable to master or employing plumbers in the locality in which the corporation is engaged in business. Such corporation shall register as provided in section forty-six of this chapter. SECTION 45-8*2 Further requirements relating to the business of plumbing General City (GCT) CHAPTER 21, ARTICLE 4 * § 45-b. Further requirements relating to the business of plumbing. 1. No person otherwise qualified shall engage in the trade, business or calling of a plumber or of plumbing in a city of this state as employing or master plumber until he has first procured from the board of health or the examining board of plumbers if so designated by local law in such city a metal plate or sign appropriately lettered or marked "licensed plumber;" such plate or sign to be conspicuously posted in the window of the place where such business is conducted. Any person retiring, abandoning or not actually engaged in such trade, business or calling hereinbefore mentioned, shall surrender to the board of health or the examining board of plumbers if so designated by local law of the city such metal plate or sign and shall not again engage in such trade, business or calling until he has again procured a metal sign as herein provided. 2. Within thirty days after this section takes effect, the board of health or the examining board of plumbers if so designated by local law in every city of this state shall prepare metal plates or signs, at least fourteen inches wide and not less than twenty-two inches in length appropriately lettered or marked "licensed plumber," the lines of each letter to be four inches long and five -eighths of an inch wide; such plate or sign shall, on some part thereof, contain an identification number, which number together with the name and location of the place of business of the person to whom issued shall be recorded in the office of such board of health or the examining board of plumbers if so designated by local law. Every person now actually engaged or about to engage in the trade, business or calling of a plumber or of plumbing as employing or master plumber, who has otherwise complied with the provisions of law relating to the conduct of such business upon the payment of five dollars to the board of health or the examining board of plumbers if so designated by local law of such city shall have issued to him a sign or plate hereinbefore described. Any person to whom such plate or sign has been issued who shall loan, rent, sell or transfer the same to another person whether such person be entitled to receive a similar plate or sign or not, or otherwise wilfully violates the provisions of this section shall be guilty of a misdemeanor punishable by a fine of not exceeding fifty dollars for the first offense, and not less than one hundred dollars nor more than five hundred dollars for a subsequent offense, and in addition thereto shall forfeit his license and certificate of qualifications. The provisions of this section shall apply to all cities of the state, excluding the city of New York. * NB There are 2 § 45-b's Registration; when required General City (GCT) C14APTER 21, ARTICLE 4 § 46. Registration; when required. Every employing or master plumber carrying on his trade, business or calling in any city of this state shall register his name and address at the office of the board of health or the examining board of plumbers if so designated by local law of the city in which he shall conduct such business, under such rules as the respective boards of health or the local board of examining plumbers, in conjunction with the board of health of each of the cities shall prescribe, and thereupon he shall be entitled to receive a certificate of such registration, provided, however, that such employing or master plumber shall at the time of applying for such registration hold a certificate of competency from an examining board of plumbers. SECTION 47 Cancellation of registration; notice General City (GCT) CHAPTER 21, ARTICLE 4 § 47. Cancellation of registration; notice. Such registration may be cancelled by such board of health or the examining board of plumbers if so designated by local law for a violation of the rules and regulations for the plumbing and drainage of such city duly adopted and enforced therein, after a hearing had before such board of health or the examining board of plumbers if so designated by local law and upon a prior notice of not less than ten days stating the ground of complaint and served on the person charged with the violation, but such revocation shall not be operative unless concurred in by the local board of examiners. It shall not be lawful for any person to engage in or carry on the trade, business or calling of an employing or master plumber in any of the cities of this state, unless his name and address shall have been registered in the city in which he carries on or conducts such business. SECTION 48 Inspectors; qualifications; notice General City (GCT) CHAPTER 21, ARTICLE 4 § 48. Inspectors; qualifications; notice. The local board of health or an official or board designated by local law of such city, as the case may be shall detail, designate or appoint an inspector or inspectors of plumbing, subject, however, to the provisions or limitations of law, regulating the appointment of such inspectors by such board of health or an official or board designated by local law of such city. All inspectors of plumbing who are detailed, designated or appointed shall be practical plumbers and shall not be engaged directly or indirectly in the business of plumbing, during the period of their appointment. They shall be citizens and actual residents of the city in which they are appointed; except in the cities of Cortland and Corning, where such inspectors shall be citizens and actual residents of the county or counties wherein the city is situated, or in an abutting or adjacent county; except in the city of Watertown, where such inspectors shall be citizens and actual residents of the county wherein the city is situated except in the city of Middletown, where such inspectors shall be citizens and actual residents of the county wherein the city is situated, or within a twenty-five mile radius of the city of Middletown as long as such inspectors are citizens and actual residents of this state; except in the city of Jamestown, where such inspectors shall be citizens and actual residents of the county wherein the city is situated; except in the city of Tonawanda, where such inspectors shall be citizens and actual residents of the county wherein the city is situated, or in an abutting or adjacent county; except in any city with a population of less than twenty-five thousand, where such inspectors shall be citizens and actual residents of the county or counties wherein the city is situated. Before entering upon the discharge of their duties as such inspectors they shall each be required to obtain a certificate of competency from said examining board. They shall be entitled to receive compensation to be fixed by the officer, board, commission or department having power to fix salaries generally or, if there be no officer, board, commission or department thereof having such power, by the board of aldermen or common council. SECTION 49 Duties of inspectors; reports General City (GCT) CHAPTER 21, ARTICLE 4 § 49. Duties of inspectors; reports. The inspector or inspectors of plumbing appointed under the provisions of the preceding sections of this article, in addition to the duties prescribed by law or ordinance and those which may be enjoined or required by the appointing power of the city in which they shall be appointed, shall be to inspect the construction and alteration of all plumbing work performed in such city, and to report in writing the results of such inspection to such appointing power of their respective cities. They shall also report in like manner any person engaged in or carrying on the business of employing plumber, without having the certificate hereinbefore provided. SECTION 50 Expiration and renewals of certificates and licenses General City (OCT) CHAPTER 21, ARTICLE 4 § 50. Expiration and renewals of certificates and licenses. All certificates of registration issued under the provisions of the preceding sections of this article and all licenses authorizing connections with street sewers or water mains shall expire on the thirty-first day of December of the year in which they shall be issued, and may be renewed within thirty days preceding such expiration. Such renewals to be for one year from the first day of January in each year. SECTION 51 Notice of violation of rules General City (OCT) CHAPTER 21, ARTICLE 4 § 51. Notice of violation of rules. Whenever any inspector or other person reports a violation of any such 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 appointing power shall first serve a notice of the violation thereof upon the master plumber doing the work, if a registered plumber. SECTION 52 Notice, how served; proceedings when violated not removed General City (GCT) CHAPTER 21, ARTICLE 4 § 52. Notice, how served; proceedings when violated not removed. 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 official or board who or 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 official or board who or which appoints the plumbing inspector may proceed according to law. SECTION 53 Plumbing and drainage to be executed according to rules General City (GCT) CIAPTER 21, ARTICLE 4 § 53. Plumbing and drainage to be executed according to rules. The plumbing and drainage of all buildings, both public and private, in each of the cities of this state, shall be performed by persons authorized under the rules and regulations adopted by the local board of examining plumbers, in conjunction with the board of health for plumbing and drainage, and all plumbing and drainage work shall be executed in compliance with such rules and regulations. And all repairs and alterations in the plumbing and drainage of all buildings heretofore constructed shall also be performed and executed in accordance with such rules and regulations; but this section shall not be construed to repeal any existing provision of law requiring plans for the plumbing and drainage of new buildings to be filed with any local board of health and be previously approved in writing by such board of health and be executed in, accordance therewith, except that in case of any conflict with such. plans, rules and regulations of the board of examiners, the latter shall govern. SECTION 54 Office room; expenses a city charge General City (GCT) CHAPTER 21, ARTICLE 4 § 54. Office room; expenses a city charge. Each of such examining boards 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 such board. The board of estimate and apportionment or the common council of a city as the case may be shall annually insert in their tax levy a sufficient sum to meet all the expenditures incurred under the provisions of this article. The expenses incurred by the several examining boards of plumbers in the execution and performance of the duties imposed by this article shall be a charge on the respective cities and shall be audited, levied, collected and paid in the same manner as other city charges are audited, levied, collected and paid. SECTION 55 Violations, how punished General City (GCT) CHAPTER 21, ARTICLE 4 § 55. Violations, how punished. Any person violating any of the provisions of this article, or any rules or regulations of the board of health or of the examining board of plumbers in any city regulating the plumbing and drainage of buildings in such city, shall be guilty of a misdemeanor, and on conviction, if a master plumber, shall in addition, forfeit any certificate of competency or registration, which he may hold under the provisions thereof. SECTION 56 Issue of licenses to connect with sewers and water mains restricted General City (GCT) CHAPTER 21, ARTICLE 4 § 56. Issue of licenses to connect with sewers and water mains restricted. The commissioner of public works of any city, or the officer or officers acting in a like capacity in any of the cities of this state, and having charge of the sewers and water mains therein, shall not issue a license to any one to connect with the sewers or with the water mains of such cities, unless such person has obtained and shall produce a certificate of competency from the examining board of such city. SECTION 56-A Use by the state, individuals and corporations outside corporate limits General City (GCT) CHAPTER 21, ARTICLE 4 § 56-a. Use by the state, individuals and corporations outside corporate limits. 1. Any city having a population of fifty thousand or less may sell to a public or private corporation, or to an individual, the right to make connection with its sewer system for the purpose of discharging sewage therein from outside the city limits, and fix the term, consideration and conditions therefor. The board shall not sell nor permit the use of its sewer system under this section if thereby such sewer system will be rendered inadequate for the city or its inhabitants. The term "public corporation" shall mean a public corporation as defined in section three of the general corporation law. 2. Any city having a population of fifty thousand or less may contract with the state of New York or with the state authority having control and supervision of any state institution, and the state of New York or the state authority having control and supervision of any state institution may contract with the board of sewer commissioners of any such city, to provide sewerage and sewage disposal facilities for the conveyance, treatment and disposal of the sewage of such state or state institution either within or without the corporate limit of said city on such conditions and conveying such powers to the state or such state authority and for such consideration and such period of time as said sewer commissioners and the state of New York or such state authority may agree. 3. Any city having a population of fifty thousand or less may contract with the United States of America or with the federal agency, administration or authority having control and supervision of any federal institution or installation to provide sewerage and sewage disposal facilities for the conveyance, treatment and disposal of the sewage of such federal institution or installation either within or without the corporate limits of the city on such conditions, for such consideration and for such period of time as said sewer commissioners and the United States of America or such federal agency, administration or authority may agree. SECTION 57 Article limited General City (GCT) CHAPTER 21, ARTICLE 4 § 57. Article limited. 1. This article shall not apply to any of the following cities: New York, Binghamton, Schenectady, Elmira, Hornell, Olean, Poughkeepsie and Cortland. 2. This article, with the exception of section fifty -six -a thereof, shall not apply to the city of Glens Falls, the city of Middletown and the city of Beacon. ARTICLE 4 PLUMBINGAND DRAINAGE Section 40. Definitions. 40-a. Examining boards of plumbers in cities. 41. Term of office; vacancies. 42. Compensation of members of board. 43. Qualifications. 44. Powers and duties. 45. Examinations; conducting business without certificate prohibited. 45-a. Corporations may conduct business. 45-b. Further requirements relating to the business of plumbing. 45-b*2. Further requirements relating to the business of plumbing. 46. Registration; when required. 47. Cancellation of registration; notice. 48. Inspectors; qualifications; notice. 49. Duties of inspectors; reports. 50. Expiration and renewals of certificates and licenses. 51. Notice of violation of rules. 52. Notice, how served; proceedings when violated not removed. 53. Plumbing and drainage to be executed according to rules. 54.Off ice room; expenses a city charge. 55. Violations, how punished. 56. Issue of licenses to connect with sewers and water mains restricted. 56-a. Use by the state, individuals and corporations outside corporate limits. 57. Article limited.