[HISTORY: Adopted by the Board of Trustees of the Village of Fredonia 4-8-1996 by L.L. No. 2-1996. This local law also repealed former Ch. 55, Plumbing Board, adopted 2-9-1981 by L.L. No. 2-1981. Amendments noted where applicable.]
Fire prevention and building construction — See Ch. 151.
Flood damage prevention — See Ch. 155.
Housing standards — See Ch. 179.
Sewers — See Ch. 237.
Water — See Ch. 287.
Fees — See Ch. A312.
~ 55-1. Title.
This chapter shall be entitled “A Local Law Establishing a Plumbing Board and Regulations Relating to Licensing and Plumbing Connections to Village Water and Sewer Mains.”
~ 55-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
BOARD — The Plumbing Board of the Village of Fredonia.
PERSONS — One or more persons of either sex, natural persons, corporations, partnerships, associates, joint-stock companies, societies and all other entities of any kind capable of being sued.
~ 55-3. Plumbing Board created.
There is hereby created a Board which shall be referred to and known as the Plumbing Board of the Village of Fredonia, hereinafter referred to as “Board.”
~ 55-4. Membership, term, appointment, removal.
A. The Board shall be composed of three members who shall be appointed by the Board of Trustees for a three-year term. Their successors shall be appointed for terms of three years each. Members shall continue in office until their successors have been appointed and qualified. A majority of the Board shall elect a Chairman, Vice Chairman and Secretary from their members. Vacancies in the Board shall be filled by appointment by the Board of Trustees. A majority of the Board shall constitute a quorum for the transaction of business; however, not less than a majority of the whole number of said Board may perform and exercise the power, authority or duty granted to said Board under this chapter. Members of the Board shall serve without compensation. Members may be removed from office at any time by the Board of Trustees of the Village of Fredonia.
B. Present members of the Plumbing Board of the Village of Fredonia shall continue in office until their terms expire and their successors are appointed unless their terms are sooner terminated as set forth in this chapter or by resignation.
C. The Street Commissioner of the Village of Fredonia is hereby designated the enforcement officer of this chapter. The Building Inspector of the Village of Fredonia shall be an ex-officio member of the Board with no voting privileges.
~ 55-5. No connection or repair without examination.
A. No person, firm or corporation shall make any tap or attachment with any water or sanitary sewer or storm sewer line of the Village of Fredonia nor any repairs, additions to or alterations of any tap, pipe, cock or other fixture located within the Village street right-of-way or other Village right-of-way or easement or any curb cock (i.e., shut off located near or within the Village right-of-way), which is connected to the water or sewer line of the Village without first submitting to and passing an examination as to his experience and qualifications, which examination shall be given and administered by the Plumbing Board of the Village of Fredonia. [Amended 1-13-2003 by L.L. No. 1-2003]
B. No examination shall be required of any applicant who is a duly licensed master plumber by any other municipality of the State of New York.
C. Section 55-5A of this chapter shall not be construed to require a plumbing license to perform plumbing services on water lines, sewer lines or fixtures located outside of the Village street right-of-way, except that a license is required for any repair or replacement of the water service shut-off cock (a/k/a “curb cock”) located within or near the Village street right-of-way, or other Village right-of-way or easement.
D. In addition, no such plumbing work shall be commenced without first obtaining a permit from the Village of Fredonia Superintendent of Public Works, or his designee, and paying a permit fee to the Village of Fredonia as set by resolution of the Board of Trustees of the Village of Fredonia. The applicant for the permit shall provide such information and complete an application form for such permit as may be prescribed by the Village of Fredonia Superintendent of Public Works.
~ 55-6. Examination.
A. Every person desiring to procure a license as herein provided shall make application to the Plumbing Board of the Village of Fredonia for examination in such form and detail as such Board may prescribe. Examinations will be given on such dates as the Board may from time to time set.
B. In the case of a partnership, at least one of the partners must pass the examination and procure a license as herein provided. Such license holder must supervise all plumbing work done.
C. In the case of a corporation, the license herein mentioned must be procured by one who is a stockholder and either president, vice-president, secretary or treasurer of the corporation and under whose supervision all plumbing work is done.
D. The person actually performing the plumbing work must be the licensee or any employee of the licensee, provided he or she is under the supervision and direction of the licensee. [Amended 1-13-2003 by L.L. No. 1-2003]
E. The Plumbing Board of the Village of Fredonia shall give and administer examinations for licenses required by this chapter. Said Board is further authorized to make such rules and regulations as it may deem necessary for the proper administration of this chapter, subject to the approval of the Board of Trustees.
F. In the event the applicant fails the license test, no test shall be given to the applicant until after six months from the date of the last test. [Added 1-13-2003 by L.L. No. 1-2003]
~ 55-7. License.
A. When an applicant successfully completes an examination for a plumber’s license under this chapter, the Board shall notify the Village Clerk of the name and address of the successful applicant. The Village Clerk shall thereupon issue a license to said applicant upon submission of an insurance certificate to the Village of Fredonia showing general liability insurance in the amount of at least $1,000,000 covering both bodily injury and property damage, or the equivalent, and workman’s compensation insurance as required by law, and the payment of the fee for said license as set forth in ~ 55-8 herein. Said insurance shall be issued by a company licensed to do business in the State of New York and shall not be cancelable without at least 30 days or written notice to the Village of Fredonia. Cancellation of said insurance shall be reason for cancellation of the plumber’s license.
B. Any license issued hereunder shall not exceed one year and shall continue in force from date of issuance through December 31 in the year in which said license is issued and shall thereupon terminate on said date unless sooner revoked by the Board. No license shall be used for any person other than the original licensee or person to whom it was issued, and any holder of such license who permits it to be used by any other person and any person who uses such license granted to any other person shall each be guilty of a violation of this chapter.
C. Any license issued hereunder shall be renewable annually, without examination, provided that an insurance certificate is submitted to the Village Clerk and the renewal fee paid as set forth in this chapter. The Board shall have the authority, upon majority vote, to revoke or suspend any license in the event that a person, firm or corporation performs work in a faulty or negligent manner, but only after notice and an opportunity to be heard.
~ 55-8. Fees.
A. The following fees shall be paid by the applicant to the Village of Fredonia prior to examination or upon issuance of the license as the case may be:
(1) Examination fee: $25.
(2) Application and first-year license fee: $150.
(3) Annual renewal fee: $100.
(4) Late renewal fee: $250.
(5) Fee for permit to do plumbing work: $50. Only one permit fee shall be charged for water and/or sewer work per job.
(6) Rental fee for use of tapping machine: $50. If the tap machine is returned in unclean condition, there will be an additional charge of $50 and also a charge for the cost of any repair and/or replacement due to misuse of the machine. [Amended 1-13-2003 by L.L. No. 1-2003]
B. A late renewal fee is payable to the Village of Fredonia by any applicant who does not make application to the Village Building Inspector to renew an expired license within 30 days after expiration of said license.
C. The above fees may be changed from time to time by resolution of the Board of Trustees of the Village of Fredonia.
~ 55-9. Penalties for offenses.
Any person, firm or corporation who shall violate any provisions of this chapter or any rule or regulation made pursuant thereto shall upon conviction be subject to a fine not to exceed $500 or imprisonment for a period of time not to exceed 15 days, or by both such fine and imprisonment.
~ 55-10. Repealer.
Local Law No. 2 of 1981 of the Village of Fredonia is hereby repealed. Any other ordinances, rules and regulations of the Village of Fredonia to the extent inconsistent herewith are hereby repealed.
~ 55-11. When effective.
This chapter shall take effect immediately upon filing with the Secretary of State of the State of New York.