HomeMy WebLinkAboutMN-CC-1982-11-03COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
43
Regular Meeting 7:30 P.M. November 3, 1.982
Atrium -- Center Ithaca
PRESENT:
Mayor - Shaw
Aldermen (10) - Banfield, Clynes, Dennis, Roffman, Holdswor.th, Holman,
Killeen, Myers, Schlather, Schuler.
OTHERS PRESENT:
City Controller - Spano
(400,e City Attorney - Tavelli
Dep. Fire Chief - Reeves
Police Chief - Herson
Bldg. Comm'r. - Hoard
Dir. Planning f, Development - Van Cort
Asst. Fire Chief - Olmstead
Dep. Controller - Cafferillo
Fire Commissioner - Anderson
City Rep. Bd. of Representatives - Nichols
1.0 Aldermanic Candidate - Roman.owski
City Clerk - Rundle
PLEDGE OF ALLEGIANCE:
i7) Mayor Shaw led all present in the Pledge of Allegiance to the
-ii American flag.
MINUTES:
By A erman Killeen: Seconded by Alderman Holdsworth
RESOLVED, That the minutes of the October 6, 1982 meeting be approved
with the following changes:
Page 1, ADDITIONS TO THE AGENDA: Charter and Ordinance Committee:
Alderman Schlather "noted that there would be" clarification of
Item B Towing, instead of "requested."
(amooe Page 6, paragraph 2:
By Alderman Hoffman: Seconded by Alderman Banfield
RESOLVED, That a sentence be added after Discussion followed on
the floor, to read "Aldermen Schlather, Hoffman and Banfield
stated that they opposed the amendment because they felt the
alienation process to be premature."
Carried. Unanimously
Page 6, last paragraph of Main Motion as Amended:
Alderman Schuler offered the following friendly amendment:
that the word "the" be added before status. The amendment was
accepted.
A vote on the motion to approve the minutes as amended resulted as
follows:
Carried Unanimously
PETTTTONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Fire Protection- -Nest Hill
Lonnie Peck, S16 Chestnut Street, presented the following resolution
on behalf of the West hill. Civic Association:
WHEREAS, the selection of a new fire station site is a complex de-
cision requiring thorough examination by the City and the Town, and
IVIIEREAS, this decision has been postponed for three decades and
further delay pending completion of Route 96 would only serve to
exacerbate an already critical situation; therefore,
"WHEREAS, the lives
and property of
West Mill. residents are unduly
(Wwov
jeopardized by the
absence of a fire
station west of the railroad.
tracks, and
WHEREAS, all County
residents using
the Tompkins Community Hospital
and the Lakeside Nursing
Home stand
to benefit from improved fire
protection on West
(fill, and
WHEREAS, the selection of a new fire station site is a complex de-
cision requiring thorough examination by the City and the Town, and
IVIIEREAS, this decision has been postponed for three decades and
further delay pending completion of Route 96 would only serve to
exacerbate an already critical situation; therefore,
-2_ November 3, 1.982
BE IT RESOLVED, That the West dill Civic Association urge the Ilayor
and Common Council of the City of Ithaca, the Board of Supervisors
of the Town of Ithaca, City Fire Commissioners and Fire Department
officials to give top priority to the protection of West Hill in the
planned reorganization of fire stations, and
BE IT FURTHER RESOLVED, That the City be encouraged to proceed.
immediately to relocate a fire station west of the railroad tracks
in either the City or the Town., whichever provides tie most compre-
hensive fire protection, and
BE IT FURTHER RESOLVED, That the West Hill Civic Association be
available to assist City officials in any way possible to expedite
action on this life safety issue."
West End Development Design Proposal
Anna Steinkraus, Little Tree Orchards, Newfield, N.Y.., representative
of the Board of Directors of the Farmers' Market, presented the
following petition which contains 61S signatures
"WHEREAS, the current design proposal for West End Development provides
for no more than 72 (improved) parking spaces to be shared between the
Farmers' Market and all other potential businesses there, the Ithaca
Farmers' Market would find it impossible to continue to operate there
in anything like its present form,
We urge the City of Ithaca to explore ways in which the Ithaca. Farmers'
Market can be kept as it is now or in some improved form."
Letter from Rabbi Scott L. Glass
Ethel Nichols, 109 Llenroc Court,
the Council:
"Dear Ethel and Ben:
presented the following letter to
Not very long ago, you made the offer of your help any time I needed
it; now is the time. I am certain you are well aware of the rash of
anti- Semitic incidents which our community has witnessed these past
six weeks. Unfortunately, they have culminated in the vanda.li. zing of
OUT house this week. Needless to say, we feel very insecure - - verging
on terror. Despite their sympathy and seeming concern, I am convinced
that unless the police feel some pressure, they will not pursue the
matter of these incidents with the appropriate vigor.
If there'is anything either of you can do, given your respective
political connections, the entire Jewish community, and Sharon and I
in particular, would be most appreciative.
With thanks for your attention and best regards, I am,
Sincerely yours,
Rabbi Scott L. Glass"
Mrs. Nichols requested the Council, either by a resolution of the
Human Services Committee, or some other statement, to act immediately
to reassure the members of the downtown community that the City will
pursue and protect every individual.
Proposed Plumbing Code
The tollowing persons addressed the Council with respect to the pro-
posed plumbing code, speaking in favor of the Code, and expressing
thanks to the Charter and Ordinance Committee for the work done by them.
Charles Wilson, Wilson F, Sons Heating F, Plumbing Inc., lOS Iroquois Rd.
John Barney, 12 Stormy View Rd., Lansing, on behalf of several property
owners and himself
Orson Ledger, 809 S. Aurora Street
Theron Johnson, 138 Linn Street.
Claude Colleyacme, 312 Esty Street, Plumbing Inspector, City of Ithaca
Bob Wood, 210 Franklin Street and John Bernstein, 216 Day Street, sug-
gested a loosening up of requirements to become a licensed plumber.
-3-
November 3, 1.98 2 45
Mr. Colleyacme urged approval of the Code as proposed, saying that
if, at a later time, we feel that we can't live with it or want to
make changes, this can be done then.
Petition -- Cleveland Avenue /South Corn Street
Alderman Schlather presented the following petition containing 20
signatures of residents:
"Because we are concerned with the well -being of all, the environment
in which we reside, and the quality of our neighborhood and thus the
community as a whole, we the undersigned who reside in the neighborhood
of the vicinity adjacent to the intersection of Cleveland Avenue and
South Corn Street can no longer tolerate the following infractions,
violations and crimes perpetrated by those from the neighborhood and
from outside the neighborhood who gather unlawfully at this intersection,
specifically: weapons possession, fighting, assault and disorderly
conduct, open containers of alcoholic beverages and littering, driving
while intoxicated, running stop signs and reckless driving, drunkenness,
disturbing the peace, blocking roads and sidewalks, and harassing
resident drivers and pedestrians. We find it especially disturbing
that this behavior is not tolerated elsewhere in the larger community
(y) and is selectively not enforced here despite repeated complaints.
t -}^i As well as traditional methods of dealing with the immediate unlawful
[Al conduct, we seek alternative solutions that will. have a long- range
effect on the underlying causes of the problem. We do this for the
WL benefit of the entire community."
Alderman Schlather reported that the petition was presented to the
committee on October 21, 1982. He forwarded copies of it to the Mayor
and the Chief of Police, and there have already been some results.
He thanked Mayor Shaw and Chief Herson for the immediate attention
they gave the problem. In response to the petition there was a directive
that went out to the Police Department and, in fact, there have already
been some legal actions taken.
COMI.IUNICATIONS FROM THE MAYOR:
Workshop on Chairing and Serving on Boards
Mayor Shaw reported on an event of the previous Saturday morning which
was attended by him and several who serve on boards and commissions
(approximately 20). A very informal workshop of about 3 hours of
some of the basic skills involved in chairing the various boards and
serving on them was held. The leader was Prof. Sue Hale of Tompkins
Cortland Community College. Also, Prof. Russell Martin volunteered
his time. Mayor Shaw reported a favorable reaction, not only for
that event, but for continuing them.
1982 Election
Mayor Shaw commented that he wished to congratulate the candidates- -
winners, losers and those whose results are not final; also those who
worked on the elections.
Executive Budget for 1983
Mayor Shaw read the following letter from himself to Hon. Elva Holman,
Chair of the Budget and Administration Committee of Common Council:
"Not,ember 2, 1982
Dear Elva:
I take great pride in forwarding to you my Executive Budget for 1983.
`Phis Budget reflects the hard work of nearly 400 City employees, ten
departments heads and their senior staff, and several volunteer boards.
Most important, it will yield a responsible tax rate for our local
taxpayers while providing City services to meet basic local needs.
This budget is new in its composition and preparation. A new format
has been developed and experimented with to reduce detail and yet
heighten essential data. I urge your Committee to try both the old
and new formats to evaluate the difference. A new procedure was
employed whereby each budget item was reviewed in detail by the
4(; -4- November 3, 1.982
department and the Mayor and the Controller. Some were increased;
some decreased; many were approved as submitted. Also new are my
suggested consolidation of nearly one dozen minor accounts within
existing major departments. Lastly, I have prepared a "budget memo"
for each department account, your Committee, and the public explaining
my positions on nearly each item.
The substance of this 1983 Budget is also new. Reasonable levels are
restored for the maintenance of equipment and supplies, and, most
important, our employees. Staff development is a major commitment of
this administration. Funds for affirmative action were increased, as
have been our efforts. Human Services are maintained and improved at
G.I.A.C., Southside and the Youth Bureau. Basic services such as
Public Works, Building Code Enforcement, Fire Protection were continue
at prior levels while numerous administrative changes are being under-
taken to make them more efficient. The only staff increases I have
recommended are two uniformed Police Officers, a vital commitment to
our depleted public safety program. Administration costs have been
contained.
Special emphasis has been placed on energy conservation. I have ful-
filled my promise to hold the budget on utilities to a zero increase.
I have forwarded the proposal for $125,000 i_n. the capital reserve for
energy conservation improvements to reduce the utility and fuel costs
of our buildings, vehicles and street lighting.
Other allocations to capital reserves, such as bridges, fire engines
and DPW equipment have been made. A new allocation to our park system
has been started. All are prudent "savings accounts" toward known
future needs.
I have also reviewed carefully and recommend to you a prudent revenue
side of the budget. Our Controller and I have discussed and concurred
on these figures. They are realistic. They also reflect my proposal
for increased fees in several areas, to charge the user who is benefi
whenever appropriate, rather than deny the service or charge the prop
taxpayer at- large.
The appropriated cash surplus, our savings from careful management this
year, is drawn upon, but not drained, to balance our revenues with.
expenditures. Similarly, the supplemental State Aid we will receive
this year is applied in part to reduce the tax increase this year and,
in part, to reduce taxes next year.
The bottom line is a modest property tax increase of 4.80; from $12.50
per thousand to $13.10 per thousand, up $.60 per thousand. Assessed
values are not scheduled to rise, so no double impact from that in-
crease should be felt. This modest tax rate increase comes upon the
heels of a zero percent change from the 1981 tax rate. This means a
two -year average of 2.4% while inflation and salary hikes have been
at or near double digits. In essence, I believe we have managed well
in 1982 and can continue that success in 1983.
Revenue Sharing
Attached and incorporated with the General Fund Budget is a proposed
Revenue Sharing Budget. It further reduces the dependency on Revenue
Sharing to balance our General Fund. It contains several one-time
proposals, including a further step towards acquiring computer
efficiency in our Department of Public Works, a long requested impro�
ment to our City's fire hose equipment and needed funds to complete t
renovation of Nest Clinton Street.
Water and Sewer Funds
Due to delays in the Department of Public Works, I have not yet re-
ceived the proposed Water and Sewer Fund Budgets. However, this short
delay should not prove inconvenient in that it won't affect the other
two budgets described above. I expect to forward these two budgets by
mid- November.
°S- November 3, 1 -982 4 7
In Summation
I would like to express appreciation and credit to the staff throughout
the City who developed the material for this Budget and who work hard
to live within it. I trust you will find it responsible, frugal and
well - balanced. I will be available throughout your review process to
answer any questions that you may have.
Respectfully,
William R. Shaw, Mayor
cc: Budget and Administration Committee Members
Common Council
Controller"
Alderman Killeen referred to the Rothschild building - -a problem since
March, and asked if there would be special elements within the context
of the budget as it is developed which address a problem that has been
nagging for a long time.
Mayor Shaw responded that he would prefer not to respond at this point
017) to any particular questions on the budget that might incur extensive
(gj review. He commented that it would be inappropriate to respond to any
items at this point. The major component would be the staff efforts
that were allocated out of the Mayor's office, Common Council and
�.
Planning and Development Department. Also, some of the concerns are
` reflected in the projections on revenue.
CITY ATTORNEY'S REPORT:
Commonland
City Attorney Tavelli reported on the question raised at the previous
Council meeting, "What should the city's role be in the issue called
Commonland ?" fie said he has been in touch with the City Engineer who
has given him a number of reports and a written memo. From an
engineer's standpoint, Mr. Cox doesn't believe that the watershed is
(wool, threatened by the proposed development. He does say there are certain
threats that can be minimized by careful engineering and management of
the storm -water runoff at the proposed site. He is in touch with the
Town engineer and they are working together to look out for common
concerns and goals. Atty. Tavelli said he doesn't see any need for
the City Attorney's office to become further involved at this time,
except that Alderman Hoffman gave him that day a resolution from the
Conservation Advisory Council asking that his office look into what
steps are necessary to declare the watershed a critical area. He said
he will be looking into that particular issue.
City Attorney Tavelli also reported that the Board of Public {Yorks
will look into the effect, if any, of activity at the watershed with
development in that area.
Alderman Schlather remarked that at the last meeting the Council's
concern was not so much "what would be the results of an environmental
impact statement," but whether the city could require an environmental
impact statement because this watershed is ours, despite the fact that
the development is outside of the city.
City Attorney Tavelli responded that the city is like any other property
owner in the Town of Ithaca. It can't require a certain thing; it can
have input, make recommendation and make request, but the city is not
(600011 in a position at this time to require something to be done. lie added
that he didn't know if the Council wants an environmental impact
statement.
Alderman Clynes asked if the matter of enforcement of the "no trespassing
pol:icy"had been checked out by the Mayor. Mayor Shaw responded that he
had not had time to check that out although he knew there had been dis-
cussions between staff of the Department of Public Works and staff of
the Police Department.
48
-6- November 3, 1982
Wilcox Press
City- Attorney Tavelli reported that this is an extremely complicated
issue which the State of New York has been involved in for a number of
months -- probably years, He said he has been touch with DEC on a
number of occasions, particularly Norman F. Boice; Regional Air
Pollution Control Engineer, who brought the various proceedings at an
administrative level, and which Atty. Tavelli obtained copies of.
Atty. Tavelli reported that he has looked into what the city can do.
It can take action, can pass its own statutes and ordinances as long
as they are not inconsistent with air pollution regulations, He said
he talked a little bit about toxicity and was informed that that woul
require a $300,000 study to determine whether or not the fumes from
Wilcox Press are toxic. There was no information available on that.
City Attorney Tavelli commented that the city has certain options open
to it, but recommends waiting until January ].st to see if the control
that the State has required works.
Forest Home Drive
Alderman Killeen asked for a status report on the ownership of that
roadway and what steps are being taken for the city to be reimburs "ed
for repairs.
City Attorney Tavelli commented that it is another issue that may end
up in litigation. He reported that he has written a lengthy memo to
the Mayor and the Department of Public Works from his legal position
which is that Cornell or someone other than the city has an obligation
to maintain Forest Home Drive. The City does not have an obligation.
Atty. Tavelli reported that Cornell attorneys have also done a memo
coming somewhat to the opposite conclusion. Both sides have had
meetings, discussed it, and the State is now being brought into dis-
cussions. No one has brought an action for a. declaratory judgment yet
which would probably be the legal form to decide which position .is
right - -the City or Cornell University,
CHARTER AND ORDINANCE CONF1IITTEE :
Records Retention a sposition Schedule No. 24 -CSP -2
A -1: By Al erman Schlat er: Seconded by Alderman Holman
WHEREAS, the New York State Archivist has promulgated a Records
Retention and Disposition Schedule for use by civil service commissions
and personnel officials of local governments following a survey of
civil service and personnel records in local offices across the State
and other investigations; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca that Records
Retention and Disposition Schedule No. 24 -CSP -2 issued pursuant to
Part 18S, Title 8 of the Official Compilation of Codes, Rules and
Regulations of the State of New York and containing legal minimum re-
tention periods for records, is hereby adopted for use by the Executive
Secretary, Civil Service Commission; and be it further
RESOLVED, That all personnel records compiled for an employee during
tenure of city employment be maintained in toto for the duration of
the employment, plus the minimum periods set forth in this schedule -;
and be it further
RESOLVED, That this governing body hereby authorizes the disposition
of records in accordance with the legal minimum retention periods set
forth in Records Retention and Disposition Schedule No. 24- CSP -2,
except as otherwise restricted herein; and be it further
RESOLVED, That the Secretary or Clerk of the governing body shall-
furnish a certified copy of this Resolution to the Commissioner of
Education
Alderman Schlather explained that this resolution, with the addition
of the second RESOLVED, is a replacement of the old schedule in the
Civil Service Office.
A vote on the resolution resulted as follows:
Carried Unanimously
-7-
November 3, 1.987. 0
A -2: By Alderman Schlather: Seconded by Alderman Holman
WHEREAS, the New York State Archivist has promulgated a Records
Retention and Disposition Schedule for use by civil service commissions
and personnel officials of local governments following a survey of
civil service and personnel records in local offices across the State
and other investigations; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca that Records
Retention and Disposition Schedule No. 24- -CSP -2 issued pursuant to
Part 185, Title 8 of the Official Compilation of Codes, Rules and
Regulations of the State of New York and containing legal minimum
(40000, retention periods for records, is hereby adopted for use by the
Personnel Administrator; and be it further
RESOLVED, That all personnel records compiled for an employee during
tenure of city employment be maintained in toto for the duration of
the employment, plus the minimum periods set forth in this schedule;
and be it further
RESOLVED, That this governing body hereby authorizes the disposition
�) of records in accordance with the legal minimum retention periods set
forth in Records Retention and Disposition Schedule No. 24- CSP -2,
`)1 except as otherwise restricted herein; and be it further
(_) RESOLVED, That the Secretary or Clerk of the governing body shall.
furnish a certified copy of this Resolution to.the Commissioner of
Education.
A vote on the resolution resulted as follows:
Carried Unanimously
Proposed Ordinance Amending Chapter 26 Entitled "Building Code
Enforcement"
By Al.— man Schlather: Seconded by Alderman Clynes
ORDINANCE NO. 82 -10
AN ORDINANCE AMENDING CHAPTER 26 ENTITLED "BUILDING CODE ENFORCE-
MENT" OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
Section 1. That Article IV of Chapter 26 entitled "Plumbers" of
the City of Ithaca Municipal Code is amended as follows:
1. That Section 26.41 through 26.46, respectively, are hereby
repealed.
2. That a new Article IV, Sections 26.41 through 26.45, is hereby
added to said chapter (Copy in Official Minute Book).
Section 2. This ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided in
S 3.11(B) of the Ithaca City Charter.
Discussion followed on the floor.
Amendment to Resolution
By Alderman Schlather: Seconded by Alderman Clynes
RESOLVED, That the following amendment be made to the proposed
resolution:
page 11, E. Plumbing Licenses shall. read:
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
lent by one person or entity to another. This Subdivision
does not apply to "Private Property Plumbing" as defined
above.
Discussion followed on the floor.
50
-8- November 3, 1.982
A vote on the amendment resulted as follows:
Carried Unanimously
Further discussion. of the main motion followed on the floor.
A vote on the main motion as amended resulted as follows:
Carried Unanimously
Fee Structure for Plumbing Applications, Inspections and Related. Items
By Al erman Sc lat er: Seconded by Alderman Myers
WHEREAS, Common Council has enacted a comprehensive updated plumbing
code known as the "Plumbing Code" of the City of Ithaca concurrently
herewith; and
WHEREAS, it appears that because of changes in this code the fee
structure for plumbing permit applications, inspections and related
items now in existence in the City of Ithaca is in certain respects
obsolete; now, therefore, be it
RESOLVED, That the Common Council urges the Board of Public Works
and appropriate members of the Department of Public Works, including
the Plumbing Inspector., and the Code Appeals Board to work together
in reviewing and updating the plumbing - related fee structure so that
such fees more realistically reflect the cost of the services provided.
Carried Unanimously
Common Council recessed at 9:10 p.m. and. reconvened in Regular session
at 9:20 p.m.
BUDGET AND ADMINISTRATION COMMITTEE:
Youth Bureau Application to New York State Division for Youth
By Alderman Holman: Seconded y Alderman Killeen
WHEREAS, the City of Ithaca is about to submit an application. for
continuation of the Youth Bureau project to the New York State
Division for Youth for its approval, and, if approved, to apply
subsequently to the State of New York for partial reimbursement of
funds expended on said project, as provided by Chapter 5S6 of the Law:
of 1945, as amended; now, therefore, be it
RESOLVED, That such application is in all respects approved and
William R. Shaw, Mayor, is hereby directed and authorized to duly
execute and submit said application to the New York State Division
for Youth for its approval, and be it further
RESOLVED, That this resolution shall take effect January 1, 1983. .
Carried Unanimously
Revenue Sharing Proposed Use Hearing
By Alderman Holman: Seconded by Alderman Schlather
RESOLVED, That the City Clerk be authorized and directed to advertise
for a Public blearing on the proposed use of Federal Revenue Sharing
Funds in the 1983 Budget, to be held by the Budget and Administration
Committee, on November 23, 1982, at 7:30 P.M., in the Common Council
Chambers, 108 East Green Street, Ithaca, New York.
Carried Unanimously
Revenue Sharing Budget blearing
By Alderman Holman: Seconded by Alderman. Schlather
RESOLVED, That the City Clerk be authorized and directed to advertisE
for a Public Hearing on the use of Revenue Sharing Funds as they Wm)
relate to the total 1983 Budget, to be held by the Common Council,
on December 1, 1982, at 7 :30 P.M., in the Common Council Chambers,
108 East Green Street, Ithaca, New York.
Carried Unanimously
Audit
By Alderman Holman: Seconded by Alderman Banfield
RESOLVED, That the bills audited and approved by the Budget and
Administration Committeo, in the total. amount of $22,010.74, as
listed on Audit Abstract #120 /1982, be approved for payment.
Discussion followed on the floor.
November 3, 1.982 51
A vote on the resolution resulted as follows:
Carried Unanimously
1983 Budget
By Alderman Holman: Seconded by Alderman Banfield
RESOLVED, That the Mayor's Budget for 1983, as presented, be
received by the Council and be referred to the Budget and Admini-
stration Committee for review.
Discussion followed on the floor.
(600,1 A vote on the resolution resulted as follows:
Carried Unanimously
PLANNING AND DEVELOPMENT COMMITTEE:
Bric Streets Repaving
By Alderman Dennis: Seconded by Alderman Schuler
WHEREAS, the Ithaca Landmarks Preservation Commission has recommended
that the proposed 1983 repaving of East State Street be done with brick
instead of asphalt, and
t.41 WHEREAS, many comments have been received from Ithaca residents in
support of retaining the brick paving which is important to the history
and character of this area of the city, and
WHEREAS, a fund has been established by Historic Ithaca for the purpose
of receiving donations to assist in financing repaving with brick, and
WHEREAS, the comparative costs of the two types of paving are currently
being examined, in order to better assess their cost - effectiveness over
an extended period, by City staff and officials; now, therefore, be it
RESOLVED, That Common Council recommends to the Budget and Administra-
tion Committee that during the 1983 Budget process the issue of State
Street.repaving be discussed and decision be made on the surface to be
used.
A vote on the resolution resulted as follows:
Carried Unanimously
HUMAN SERVICES COMMITTEE:
Letter from Rabbi Scott L. Glass
Alderman Banfield addressed the-issue brought to the Council's
attention by letter from Rabbi Glass to Rep. Nichols, and Rep. Nichols'
request to the Council earlier in the meeting. Alderman Banfield
reported that he had spoken to Police Chief Ilerson who informed him
that he had discussed the matter with Rabbi. Glass and assured him that
there is an ongoing investigation of the incidents, and he will keep
the Human Services Committee informed through the liaison to the
Police Commissioners.
Public Use of Smoke Detectors
By Alderman Banfield: Seconded by Alderman Roffman
WHEREAS, the Fire Commissioners, at their 12 October, 1982 meeting,
passed a resolution calling for greater public use of smoke detectors
and the commitment of the Ithaca Fire Department to provide informa-
tional and technical assistance on the effective maintenance of these
safety devices; and
(4000, WHEREAS, this resolution is generated by the expert belief that smoke
detectors, if properly installed and maintained, will protect and
possibly save lives; now, therefore, be it
RESOLVED, That the 1himan Services Committee of Common Council supports
this resolution and recommends its endorsement by the Common Council.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
-10- November 3, 19
100th Anniversary Torrent hose Co. #S
By Alderman. Ban f i cici:-- SeconcZccT -icy Aisle rmaii Ilo I mall
WHEREAS, the Torrent hose Co. #S is celebrating its 100th. Anniversary
of public service from its present State Street location; and
WHEREAS, the volunteer firefighter represents a principal component
of Ithaca's excellent tradition of firefighting service; now, there
fore, be it
RESOLVED, That the City of Ithaca upon the recommendation of the
Common Council's Human Services Committee, recognizes with gratitude
the 100 years of service provided by the men and women of Torrent
Hose Company #S on this their 100th Anniversary; and be it further
RESOLVED, That a copy of this resolution shall be officially forwarded
to the Company at their State Street address.
Carried Unanimously
Posters for Alcoholic Beverage Retailers
Alderman hanfield reported that the poster for alcoholic beverage
retailers has been forwarded with some editorial changes to the
Police Commissioners for their editorial changes; then it will be
returned to the Committee and should be printed before the next
Council meeting.
CONSERVATION ADVISORY COUNCIL:
Six Mile -Creek Watershed
Liaison Ho man report etc that the CAC recommended that the city explore
the possibility of declaring the Six Mile Creek watershed a critical
natural area which would afford a suppositional protection from threats
of development or deterioration of the area. He said he had given a
copy of the recommendation to the City Attorney for advice on any
legal ramifications.
Recycling Task Force
Liaison Hoffman reported that the CAC had
its budget to the Recycling Task Force to
study student from Cornell to assist with
The student has been working for the past
the report will be completed sometime in
agreed to allocate some of
enable it to hire a work
a final report to the city.
month or so, and it is hoped.
the spring.
Road Salting Recommendation
Liaison Roffman reported that the CAC are nearing completion of a.
road - salting recommendation that will go to the Board of Public Works
and Common Council within the next month or so.
ECC Conference
Liaison Ho fman reported that, on behalf of the Conservation Advisory
Council, he attended the state conference of ECC about two weeks ago
in Albany which was sponsored by the Association of New York State
Conservation Advisory Councils and some other organizations. He will
make a report to the CAC at its regular meeting.
CHARTER COMMISSION:
nlderman Killeen remarked that he had been approached by students at
Cornell who express interest in the proposed Charter Commission, and
wondered how to answer their inquiries. Alderman Schlather said he
too had been approached by a couple of students, He talked to them
and referred them to the Mayor. He said it is his understanding that
the Mayor will make some .recommendations to the Charter and Ordinance
Committee for review, and when they receive some recommendations they
Will begin to act on them.
CIRCLE GREENWAY:
Liaison Clynes reported having discussions with the Circle Greenway
with regard to their budget being incorporated into the Public Works
budget, and they are willing to go along with this as long as they
don't lose their identity. She reported she would be meeting with
Mrs. Mulholland again on the coming Wednesday.
REPORT OF SPECIAL COMMITTEES:
1idro ower
nl erman Dennis reported that the IIydropower Commission would be
meeting again sometime in November.
11- November 3, 1.982 53
ITHACA URBAN RENEWAL AGENCY /COMMUNITY DEVELOPMENT COl`MITTEE:
Community Gardens
Alderman Dennis reported that the Community Development Committee had
recommended to the Board that the Board of Public Works had found
another small site adjacent to the Inlet.
Mayor Shaw reported that the IURA /CDC recommended to the Growing Hope
Board of Directors that they look favorably upon a substantial p1.ot
of land currently owned by NYSE &G, available for a modest lease, and
are looking at it seriously. It is not a permanent or ideal solution,
but'it is a substantial amount of land with a number of attractions.
They are also looking at two other sites, one owned by the city on
Floral Avenue.
REPORT FROM THE BOARD OF REPRESENTATIVES:
Exemption for Aged
Rep. Nichols requested confirmation that a resolution had been passed
by the Council for an increased level of income for the elderly, She
asked that a copy of the resolution be forwarded to Margaret Harding,
Director of The Office for the Aging.
�1 Parking Meters at Court House
Rep. Nichols asked the status of a resolution passed 22 years ago
in regard to the city installing parking meters behind the Tompkins
County Court House. City Attorne;r Tavelli. informed Mrs. Nichols that
-I� the resolution has been sent back to the Board of Public Works to
R) look at and determine if the city should install meters behind the
l court house.
County Budget
Rep. Nichols reported on the progress of the Tompkins County Budget,
UNFINISHED AND MISCELLANEOUS BUSINESS:
Alderman Banfield reported t at the Human Services Committee has
received the final Arson Action Grant Report which they will review
in committee and hopefully present copies to the Council at the December
meeting of Council.
Human Services Coalition Report
Alderman Banfield reported that his committee have been having dis-
cussions of the Human Services Coalition Report as it relates to the
Youth Bureau, GIAC and Southside Community Center. It will be discussed
further at the November meeting of committee with the hope of it re-
sulting in a resolution before the December meeting of Council..
Change in Meeting Time
Alderman Banfield informed the Council. that the Human Services Committee
will meet on Monday, November 29, 1982 at 8:00 p.m. in the Conference
Room of City Hall.
Meeting of Southern Tier East Regional Planning Board
Mayor Shaw reported having attended a meeting of STERPB on October 28,
at which time all of our grants were considered and put on a prioritized
list with a ranking of 50 points which is in the middle range. He
reported that he moved and secured support for amendment to that
resolution which made it clear that were any applicant to receive any
key information or data, it would be forwarded directly to the NYS Dept.
of State which is the next level of review before coming back to STERPB
on November 17, after which it will go on to ARC at the federal level.
The 50 points would automatically be raised if the city receives con-
firmation on a developer, or some degree of commitment from HUD Office
of UDAG.
NEW BUSINESS:
Parking
Alderman Banfield expressed concern, on behalf of the merchants, that
Christmas shoppers L-ould not have adequate parking without the Woolworth
lot which is blocked due to construction work on the creek banks. Mayor
Shaw assured him that the Iingineering staff are monitoring the work there
and he believes that most of the Woolworth lot will be available in time
for the shoppers.
ADJOURNMENT :
On a motion the meeting al'ourned at 10:25 p.m.
J 1 un le, City Cler William R. Shaw, Mayor
PLUMBING CODE
Section 26.41 Generally
A. Short Title
This article shall be known and cited as the "Plumbing
Code of the City of Ithaca."
B. Purpose
The purpose of this Code is to provide basic and uniform
plumbing rules and regulations in terms of performance ob-
jectives 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.
C. Construction and Scope
This article applies to the administration and enforce-
ment of Article 4 of the General City Law, the New York
State Building Construction 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 New York State Building Construc-
tion Code applicable to plumbing. To the extent any local
provision is irreconciliably inconsistent in whole or in
part with any provision of Article 4 of the General City
Law, or any part of the New York State Building Construction
Code applicable to plumbing, then the same is void and un-
enforceable.
D. Partial Invalidity
If a term, part, provision, section, subdivision, or
paragraph of this Code shall be held unconstitutional, in-
valid or ineffective in whole or in part, such determination
shall not be deemed to invalidate the remaining terms, parts,
provisions, sections, subdivisions, and paragraphs.
E.
F.
G.
H.
Interpretation
The provisions herein shall be interpreted in accordance
with generally accepted plumbing principles, Article 4 of
the General City Law and the New York State Building Con-
struction Code applicable to plumbing. Any remaining
questions or clarifications shall be ].eft to the discretion
of the Plumbing Inspector and lxamining Board of Plumbers,
subject to rights of appeal as set forth herein.
Property Affected
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 the sewage from the property will eventually be dis-
charged 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 pro-
visions of this Article.
Previous Rules
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 and effect
prior to the effective date of this Article.
Effective Date
This Code shall take effect on the 1st day of January, 1983.
Section 26.42 Definitions
A. Master Plumber: A master plumber is 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 de-
fined in and according to this Code, Article 4 of the
General City Law and the New York State Building Construction
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.
2
B. Journeyman Plumber: A journeyman plumber is 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
is so certified by the Examining Board. of Plumbers, and is
registered within the current calendar year.
C. 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.
D. Inspector: The chief inspector of plumbing and drainage
charged with the enforcement of this Code, and plumbing
rules and regulations governing plumbing and drainage.
E. Examining Board of Plumbers: The examining and supervising
G. Certificate of Competency: 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.
H. Plumbing: The term "plumbing" within buildings shall mean
the installation, repair, replacement and relocation of the
pipes, fixtures and other apparatus for bringing in and
distributing the water supply, removing liquid and water-
borne waste, removing rain water and other liquid drainage.
The term is also used to denote the installed fixtures,
drainage vent and piping of a building.
3
board of individuals constituted and charged as
set forth
herein.
F. Code Appeals Board: The Building Code
Board of
Appeals, as
constituted under Section 26.37 of the
City of
Ithaca Municipal
Code, and the plumbing inspector as an
ex- officio,
non - voting
member, shall sit as the Code Appeals
Board of
the City of
Ithaca.
G. Certificate of Competency: 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.
H. Plumbing: The term "plumbing" within buildings shall mean
the installation, repair, replacement and relocation of the
pipes, fixtures and other apparatus for bringing in and
distributing the water supply, removing liquid and water-
borne waste, removing rain water and other liquid drainage.
The term is also used to denote the installed fixtures,
drainage vent and piping of a building.
3
I. Plumbing Systems: The term "plumbing system" when applied to
a building or premises shall include the water supply -dis-
tributing 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, heating or
cooling boiler or compressor, humidifier or any other apparatus
or device, automatic or non -- automatic, instantaneous, tank or
tankless type, direct or indirect domestic water heating equip-
ment or any other type equipment which receives its primary
water supply from the Ithaca City water system, also including
the main drains or waste from such equipment.
J. Private Property Owner: The actual or beneficial owner of
private real property covered by this Article. A ten.ant or
other non- owning occupant shall not be considered a private
property owner.
K. Private Property Plumbing: The term "private property plumbing"
within buildings shall mean the installation, repair, replacement
and relocation of the pipes, fixtures and other apparatus for
bringing in and distributing the water supply, removing liquid and
water -borne waste, removing rain water 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.
L. 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 simi.l <�r type.
<1
Section 26.43 Administrative
A. Examining Board of Plumbers
1. Composition: The Examining Board of Plumbers shall be
composed of two (2) master plumbers with not less than
ten (10) years' experience as licensed plumbers, one
CO." journeyman plumber with ten (10) years' experience, to
be appointed by the Mayor and to serve terms of three
(3) years each, the Assistant: Superintendent of Public
Works for water and sewers and the Chief Plumbing In-
spector. All members shall. be citizens and actual
residents of the City of ltl)aca.
2. Powers and Duties: The Examining Board of Plumbers
shall have power and it shall be it's duty:
a. To meet at stated intervals; also to meet whenever
the Board of Health or the Mayor shall, in writing,
request it so to do.
b. 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 compe-
tency as master plumbers, journeyman plumbers or as
inspectors of plumbing; to determine the fitness and
qualifications of such applicants to conduct the
business of plumbing 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 qullified as plumbers, or competent
to act as inspectors of plumbing.
(Woel c. 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, woi- lmanship and manner of executing such
work and amendments thereto.
A
To charge and collect from each person applying for
examination the. sum of ten dollars for each examination,
All moneys so collected shall be paid over by the
Board weekly to the City Chamberlain.
d. To review and submit to the Code Appeals Board for
recommendation to the Board of Public Works fee
schedules for registrations licensing, examination,
fixture fees and other additions to be approved. by
the Code Appeals Board and Board of Public Works,
as necessary, not inconsistent with other State and.
local laws.
B. Plumbing Inspector
1. Qualifications: The position of Plumbing Inspector. is
0
hereby continued. The Plumbing Inspector
a. shall be appointed by the Board. of Public Works, to
act under the supervision of the Superintendent of
Public Works, and subject to related terms of employ-
ment; and
b, shall be a practical plumber; and
C. shall not be engaged, either directly or indirectly, in
the business of plumbing during his term of office; anal
d. shall first obtain a Certificate of Competency from the
Examining Board of Plumbers; and
e. shall be a citizen and actual resident of the City of
Ithaca.
2. Duties: The duties of the plumbing inspector shall be:
a. The examination and approval of plans and specifications.
b. The inspection of Plumbing and Drainage.
C. The conduct of tests.
d. 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.
e. Advisory service to the public in matters of plumbing
regulations.
f. The reinspection and sanitary maintenance of plumbing
and private property plumbing.
6
7
g. Investigation of a written complaint and all a.l.leged
violations of this Code, and filing of complaints
accordingly.
h. The enforcement of this Code by all mean.s a.va.i.l.able at
law including but not limited to the reporting of any
(4wo,'
violations in writing to the Superintendent of Public
Works and Building Commissioner who shall. have the power
to make such order, 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.
C. Registration
1. Master Plumber: Every employing or master plumber, before
engaging in the trade, business or calling of plumbing in
the City of Ithaca:
a. shall appear in person at the office of the City Chamber -
,>
lain and register his /her name and place of business in
a book kept for that purpose; and
b. shall furnish a Certificate of Competency as 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; and
C. shall also furnish proof of liability insurance coverage
as required by g 26.43(F), below; and
d. shall also obtain the License Plate prescribed by
Section 45 of the General City Law.
Upon payment of the designated fee, he /she shall be en-
titled to receive a Plumbing License as Master Plumber.
No license shall. be issued for more than one year, and must
be renewed be Core the tenth day of January of each succeeding
year. The fee -for the original license shall be $100.00.
The fee for the renewal of such license shall be $25.00
annually.
Notice of any change in the place of business of a registered
7
master plumber shall be given to the City Chamberlain in
writing within 10 business days of the change. Master
plumbers shall not sell, loan or assign their certificates
or licenses.
2. Journeyman Plumber: Every journeyman plumber., before en-
gaging in the trade of plumbing in the City of Ithaca:
a. shall appear in person at the office of the City Chamber
lain and register by name and. employer in a book kept
for that purpose; and
b.. shall furnish a Certificate of Competency as Journeyman
signed by the Examining Roa.rd 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; and
C. shall also furnish proof of liability insurance coverage
as required by 9 26.43(F), below.
Upon payment of the designated fee, he /she shall be entitled
to receive a Plumbing License as Journeyman Plumber. No
license shall be issued for more than one year, and must be
renewed before the tenth day of January of each succeeding
year. The fee for such license and. registration shall be
$10.00 annually.
Notice of any change in employment of a registered journey-
man plumber shall be given to the City Chamberlain in
writing within 10 business days of the change. Journeyman
Plumbers shall not sell, loan or assign their certificates
or licenses.
3. Apprentice Plumber: Every apprentice plumber, within
thirty days after enrollment in any State or Federal certi-
fied apprentice program, or before engagement in any inde-
pendent apprentice employment by a master plumber in the
trade of plumbing in the City of Ithaca:
a. shall appear in person at the office of the City
Chamberlain and register his /her name, nature of
apprentice program and employment, if any, and name
of employer in a book kept for that purpose; and
b. shall also furnish proof of liability insurance
coverage as required by g 26.43(F), below; and
C. shall so register annually before the 10th day of
January; and
d. shall pay an annual registration fee of $5.00; and
(wwv e. shall give written notice of any change in apprentice
program or employment to the City Chamberlain within.
10 days of such change.
D. Examination and Certification of Plumbers
1. Certification of Competency as Master Plumber:
in the handwriting of the applicant in the
English language.
(ii) The Time and Place of Holding Examinations:
The time and places of holding examinations shall
be at the discretion of the Examining Board of
Plumbers and no less than once per year. However,
9
a. 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 inclusive
in the eight years' experience within the sound dis-
cretion 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.
b. Examination: An examination shall be given to all
qualified applicants for Certification of Competency
as Master Plumber.
(i) The examination shall be in two parts:
(a) Practical tests to determine the applicant's
skill as a journeyman plumber;
(b) a written examination in standardized form
which shall consist of questions and problems
designed to determine the applicant's fitness
and qualifications to engage in the business
of employing or master plumber.
All written examinations shall be answered
in the handwriting of the applicant in the
English language.
(ii) The Time and Place of Holding Examinations:
The time and places of holding examinations shall
be at the discretion of the Examining Board of
Plumbers and no less than once per year. However,
9
c.
the board shall. give such examinations more
frequently and at such times as may be necessary
to insure 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
thirty (30) days after completion.
(iii) If an applicant fails the examination, he /she
may retake the examination no more than twice
per year thereafter.
Other Qualifications: A person who passes the examina-
tion shall be eligible to receive a Certificate of
Competency provided that the Board. is satisfi_ed that he/
she is a person of good repute, character and responsi-
bility and 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 "othe
wise qualified to engage in the business of plumbing in
the City of Ithaca."
2. Certification of Competency as Journeyman Plumber:
ao 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
as 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.
b. Examination: An examination shall be given to all
qualified applicants for Certification of Competency as
journeyman plumber.
(i) At the option of the applicant, there shall be
either a written examination in standardized form
or an oral examination before the Examining Board
10
pnr
of Plumbers which slial.l 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.
(ii) The Time and Place of Hol.di.ng Examinations:
The time and places of holding examinations shall
be at the discretion of the Examining Board of
Plumbers and no less than once per year. flow-
ever, the board shall. give such examinations
more frequently and at such times as may be
necessary to insure 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.
(400", The board shall announce the results of such
tests within thirty (30) days after completion.
(iii) If an applicant fails the examination, he /she may
retake the examination no more than twice per
year thereafter.
C. Waiver of Examination: The examination is waived for,
and a Certificate of Competency as Journeyman Plumber
shall be issued to, all plumbers who are or shall be
otherwise qualified as journeyman plumbers herein
prior to January 1, 1983.
E. Plumbing Licenses
No person or entity shall engage in, work at, or conduct the
wit1lin the City of Ithaca
business o P i
lum)1ngnwthout a license. Plumbing licenses shall
not be transferred or lent by one person or entity to another. This
subdivision does not apply to "Private property plumbing it as defined
1. The City Chamberlain shall issue a plumbing license as above:
Master Plumber to all master plumbers who comply with the
provisions of Section 26.43(c)(1) of this Article.
2. The City Chamberlain shall issue a plumbing license as
Journeyman Plumber to all journeyman plumbers who comply
with the provisions of Section 26.43(c)(2) of this Article.
11
3, 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 haw provided that such person. first:
a. appears in person. at the office of the City Ch.a.mber.laii
and registers in a book kept for that purpose by name,
usual place of business and specified job within the
City of Ithaca; and
b. furnishes proof of his /her current master plumber.`s
license; an
co furnishes proof of liability insurance in the amount
and kind ".as that-required by Section 26..43(F7 "of
this Article; and
d. pays a. fee for such license in the amou.nt of $100.00.
This special license is valid. only for the job speci-
fied and shall expire when the job is completed.
4. A domestic corporation desiring or intending to conduct the
trade, business or calling of a plumber, or of plumbing in
this city, as employing or master plumber may do so pro-
vided 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
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 exceeing two years from the granting
of letters, provided one or more officers of the cor.pora.-
tion 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
12
stock of the said corporation. Each and every member of
the corporation holding a certificate of competency shall_
be licensed and comply with all the rules and regulations
applicable to master or employing plumbers in this Article.
Such corporation shall register as provided in Section
26.43(c) of this Article.
F. 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 $100,000.00 property damage, $300,000.00 public
liability including bodily injury.
G. 'Violations, Hearings, and Appeals
1. Any person or entity who is found in violation of any pro-
vision of this Article is subject to suspension or revoca-
tion of his /her plumbing license, or privilege as a private
property owner to secure permit: for private property plumbing
for up to one year, in addition to any sanctions or penalties
set forth elsewhere in the Municipal Code or New York State
Law.
2. 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
(6000, charges of incompetency or violations with which he /she is
charged, which notice shall be served on him /her personally
or by registered mail not less than ten (10) 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 of 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.
13
3. Any person or entity who disagrees with any ruling,
decision or conduct of the Plumbing Inspector. which .
affects him /tier, or is aggrieved by the applicatiop 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 30 days of the ruling, decision.,
conduct or application appealed from, The Examining
Board. of Plumbers shall hear the appeal within. 30 days
after it is filed, and render its decision within. 30
days thereafter.
4. Any person or entity who disagrees with any ruling,
decision or conduct of the Examining Board of Plumbers
which affects him /her, may appeal the same to the Code
Appeals Board.. Such. appeal must be made in writing
and filed with the Code Appeals Board within 30 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 30
days thereafter. For purposes of this Article, the
decision of the Code Appeals Board is final, subject to
judicial review.
Section 26.44 Permits
A. Requirement for Permit: No person or entity shall do any
plumbing work 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
1. The Plumbing Inspector shall not issue any permit except
upon a written application which shall detail the character
of the plumb=ing or repair work to be clone, the number and
location of street openings, if any, and the number, name,
14
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, plan and /or specification 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 i_sslae 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.
D. Inspections and Tests
1.
2.
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, the said
inspector shall approve the same and so certify. The work
may then be covered up.
The inspector shall make :inspections or otherwise approve
the work within two business days after inspection has been
called for.
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3. No application for inspection of any work will be accepted
unless the plumber has previously filed with the plumbing
inspector, and had approved by the plumbing inspector an
application with specifications and/or plans of the work to
be executed.
E. Final Inspection and Certificate of Approval
1. When the work is fully completed and ready for ordinary use,
there shall be notice in writing of the same given to the
Plumbing Inspector. The Plumbing Inspector shall finally
inspect the work within two business days thereafter. When
the work has been finally inspected and approved by said
inspector, the inspector shall i_ssu.e a certificate of
approval to.the Master Plumber or property owner, No new
plumbing, old plumbing changed or added to, shall be put
to the ordinary uses, until a certificate of approval
thereof has been issued by the Inspector.
2. Master Plumbers or private property owners, as the case may
be, must make written application for final inspection of
all plumbing work done by them within forty -eight hours
after completion thereof.
3. No owner, agent: or tenant shall occupy any new building
or allow the same to be occupied by any person until after
the plumbing or private property plumbing in such building
shall have been approved by the plumbing inspector.
F. Responsibility for Work
1. The Master Plumber in charge of any work shall be responsible
for the construction and completion of the work according to
plumbing regulations and ordinances governing plumbing and
drainage work in this city. When the master plumber has
been issued a certificate of approval, this certificate
does not relieve the plumber of his /her responsibility for
any defective work which may have escaped the notice of the
Inspector; and when deemed necessary by the Inspector, a
test or retest shall be applied to the work by the plumber.
2.. For any plumbing or drainage work in the City of Ithaca,
New York, master plumbers shall employ only Journeyman
Plumbers and apprentices registered in accordance with
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this Article. The master or employing plumber shall not
send any person on any job in i_]ze capacity of a Journeyman
Plumber without such person being in possession of a
license as Journeyman Plumber as provided for in this
Article. All Master, Journeyman and Apprentice plumbers
(Woov shall exhibit their license cards to consumers upon demand.
Section 26.45 Local Plumbing, Drainage and Water Heating Rules
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 . heatets and 14a-tO hOati.irg systems, not
inconsistent herewith and subject to review and approval by the Code
Appeals Board,a.nd the Board of Public Works, as necessary."
Section 2. This ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided in
9 3.11(B) of the Ithaca City Charter.
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