Chapter 29

CHAPTER 29

PLUMBING

ARTICLE I

GENERAL PROVISIONS

§ 29.1 Title

This Chapter shall be known and may be cited as the, "Plumbing Law of the Village of Mineola, New York".

§ 29.2 Definitions

As used in this Chapter, unless the context or subject matter otherwise requires, the following words shall have the following meanings:

1. CERTIFICATE OF COMPETENCY: The certificate of the Examining Board of Plumbers to a successful applicant.

2. EMPLOYING OR MASTER PLUMBER: A person having a regular place of business and who, by himself or herself, or with journeyman plumbers or helpers in his or her employ, performs plumbing as herein defined.

3. EXAMINING BOARD OF PLUMBERS: The Examining Board of Plumbers consisting of three (3) members appointed for staggered three (3) year terms. At time of their appointment and during their term of office, each shall be an employing or master plumber licensed by the Village of Mineola.

4. JOURNEYMAN PLUMBER: A person who has fully served his or her apprenticeship in the plumbing trade and is a qualified plumber in the employ of a master plumber.

5. PLUMBING: The art of installing in buildings the pipes, fixtures and other apparatus for bringing in the water supply and removing liquid and water‑carried wastes. Plumbing shall include all work performed in relation to the plumbing system of a building or property.

6. PLUMBING SYSTEM: Includes the water‑supply distribution pipes both hot and cold, the fixtures and fixture traps, the soil, waste, vent and building sewer lines from house to public or private sewer, from house to cesspool where no sewer is available, from one

§ 29.2 MUNICIPAL CODE

cesspool to another cesspool when permission has been granted to construct a new cesspool, and the water‑service or supply pipes, the house drains, the storm sewer, together with all their devices and appurtenances and the connections all with or adjacent to the building or property.

§ 29.3 Plumbing work to be performed by master plumbers

A. No person, shall do any plumbing work, as defined in § 29.2, within the Incorporated Village of Mineola unless he or she has a certificate of competency or a valid registration card issued by the Examining Board of Plumbers or unless he or she works under the direct supervision and while in the employ of a person who does have a certificate of competency or a valid registration card issued by the Examining Board of Plumbers.

B. Anything contained in this Chapter to the contrary notwithstanding, any person who holds a valid certificate of competency or license to conduct the trade or business of an employing or master plumber duly issued by any municipality which is a party to a reciprocal licensing compact to which the Incorporated Village of Mineola is also a party shall be deemed to be competent to conduct that business in the Incorporated Village of Mineola, New York, and shall not be required to obtain a certificate of competency from the Examining Board of Plumbers of the Incorporated Village of Mineola, New York, as a prerequisite to conducting that business in the Incorporated Village of Mineola, New York, but he or she must comply with and shall be subject to and bound by all other provisions and requirements of this Chapter and by all rules and regulations adopted pursuant thereto.

PLUMBING § 29.23

ARTICLE II

LICENSING OF PLUMBERS

§ 29.21 Required experience

No person shall be examined unless he or she shall have had an experience of at least five (5) years as journeyman plumber and is able to furnish satisfactory evidence of such fact.

§ 29.22 Application for examination

A. Persons applying for examination for certificate of competency shall, before being examined, file with the Board an application as may be prescribed by the Board and shall furnish to the examiners such information as they may require concerning the applicant's fitness and qualifications to receive a certificate as aforesaid. All applications must be under oath.

B. Each applicant shall be required to furnish two (2) vouchers who shall sign under oath on forms prescribed by the Board certifying to the time the applicant has been employed by them as journeyman plumber. Such vouchers at the time of signing applications must be lawfully engaged in the plumbing business.

C. The Board shall refuse to receive an application from any person who, at the time of making application, may be unlawfully engaged in the plumbing business.

D. All applications will expire and be canceled after a period of one year if the applicant does not appear for examination within that period.

§ 29.23 Examinations

A. The examination of the Examining Board of Plumbers shall be two (2) parts, namely, a practical test to determine the applicant's skill as a journeyman, and a written examination. The written examination shall consist of questions and be planned so as to determine the applicant's fitness and qualifications to engage in the business of master or employing plumber.

B. All examinations shall be written by the applicant and must be in English.

§ 29.23 MUNICIPAL CODE

C. The time and place of holding examinations shall be left to the discretion of the Board. Ample notice shall be given to applicants.

D. Persons who pass the test as prescribed by the Board shall be eligible to receive a certificate of competency.

E. An applicant who fails in the practical test shall not be eligible for another test until the expiration of three (3) months. Should he or she fail in the second test he or she shall not be eligible for a third test until the expiration of six (6) months, and failing in the third test he or she shall not be eligible for a fourth test until the expiration of one year. An applicant who fails in the written examination shall not be eligible for re‑examination until the expiration of one month. Should he or she fail in the second examination, he or she shall not be eligible for another examination until the expiration of three (3) months; should he or she fail in the third examination, he or she shall not be eligible for another examination until the expiration of six (6) months, and should he or she fail in the fourth examination he or she shall not be eligible for another examination until the expiration of one year.

§ 29.24 Fitness of applicant

Before issuing a certificate of competency, the Board shall inquire into the applicant's fitness and qualifications and may further require the applicant to submit, under oath, such evidence in addition to the examination and test hereinbefore provided as will satisfy the Board that he or she is a person of good repute, character and responsibility, and otherwise qualified to engage in the business of plumbing.

§ 29.25 Fees, examination and licensing

A. Examination fees.

Each applicant for examination shall pay the fee established by Resolution of the Board of Trustees before the application can be reported to the Examining Board of Plumbers. In case of applicant failing to pass the examination, no part of this fee will be returned to the applicant. Where an applicant has paid the required fee for examination and has failed to pass, for each subsequent examination, he or she shall pay a reduced fee fixed by Resolution of the the Board of Trustees.

PLUMBING § 29.25

B. Metal plate.

Applicants who pass the examination of the Board and receive a certificate of competency will be required, upon engaging in business in the Village of Mineola, to obtain a metal plate or sign, the fee for which shall be established by Resolution of the Board of Trustees.

C. Waiver.

Where the applicant is at the time of making the application a master or employing plumber, and if he or she shall maintain his or her principal place of business in another municipality, and shall submit a certified copy of a certificate of competency issued by the Examining Board of Plumbers of such municipality, examination will be waived, provided such municipality has signified in writing its willingness to reciprocate in like manner with the Examining Board of Plumbers of the Incorporated Village of Mineola. No certificate of competency issued by any municipality shall be recognized unless the records of the Examining Board of Plumbers that issued the certificate of competency show to the satisfaction of the Examining Board of Plumbers that such certificate of competency was obtained only after a complete examination. When a certificate of competency is exhibited, the same shall be accompanied by a registration card dated for the same year the application is made. No plate will be issued unless applicant operates a shop in the Village of Mineola.

D. Registration; expiration; renewal.

All licensed or registered plumbers shall register in the month of January of each year, as all registration cards expire on December thirty‑first in the year they have been issued, and may be renewed within thirty (30) days preceding such expiration. Such renewals shall be for one year from January 1 of each year. The fee for registration shall be established by Resolution of the Board of Trustees.

E. Failure to register.

Any licensed plumber not registered in the month of January of each year shall be required to make new application and be reexamined and pay the required fee for such examination and registration.

§ 29.25 MUNICIPAL CODE

F. Fee; annual renewal.

The fee for issuance of a license to a master plumber who has obtained a certificate of competency shall be established by Resolution of the Board of Trustees and shall be renewable annually at a fee established by Resolution of the Board of Trustees.

§ 29.26 Duplicate certificates

In case a certificate of competency is lost by the holder thereof, the Board may issue a duplicate where such original certificate was issued during the term of office of all members of the Board in office when such duplicate certificate is requested. The charge for such duplicate certificate shall be established by Resolution of the Board of Trustees. In other cases the Board shall issue a certificate of record stating that the records of the office show that a certificate was issued to a specific person. The charge for such certificate of record shall be established by Resolution of the Board of Trustees.

§ 29.27 Metal signs

A. Any person retiring from business as a master or employing plumber shall surrender to the Examining Board of Plumbers his or her metal plate or sign. His or her failure to do so will constitute a violation of this Chapter.

B. The Board shall reserve the right to refuse to issue a metal sign for a branch shop until it has been proven to the satisfaction of the Board that such branch shop is necessary.

PLUMBING § 29.31

ARTICLE II

PLUMBING PERMITS

§ 29.31 Plumbing permits

A. Required.

No plumbing work of any nature shall be commenced without applying for and obtaining a permit for same from the Enforcement Officer. Such permit shall at all times, while work is under construction, be placed in a prominent place in the building or structure for which the permit was issued.

B. Insurance certificate: workers' compensation.

1. Before any permit is issued, a certificate of workers' compensation insurance must be on file in the Village Clerk's office. This is required under § 57 of the Workers' Compensation Law which provides as follows:

The head of state or municipal department, board, commission or office, authorized or required by law to issue any permit for or in connection with any work involving the employment of employees in a hazardous employment defined by this Chapter, and notwithstanding any general or special statute requiring or authorizing the issue of such permits, shall not issue such permit unless proof duly subscribed and affirmed as true under the penalties of perjury by an insurance carrier is produced in a form satisfactory to the chairman, that compensation for all employees has been secured as provided in this Chapter. Nothing herein, however, shall be construed as creating any liability on the part of such state or municipal department, board, commission or office to pay any compensation to any such employee if so employed.

2. The form satisfactory to the Industrial Commissioner of the certificate of compensation insurance addressed to the Incorporated Village of Mineola, covering all work to be done under the permit requested, shall be supplied or in lieu thereof the applicant must sign the following affidavit for each and every permit requested.

3. Affidavit.

Form of affidavit to be signed for each and every permit

§ 29.31 MUNICIPAL CODE

requested of the Incorporated Village of Mineola.

I, the undersigned, hereby assert under oath that I personally will do all the work or labor required on, or in any way connected with the following job:

Give General Description of Job

Applicant

Address Phone

Owner

Address Phone

It is imperative that the party authorizing the work to be done on the above job sign this affidavit.

Notary Public

Sworn to before me this day of

Year

Signature

Address

C. Public liability insurance.

Before any permit is issued, a certificate of public liability insurance in an amount of not less than Five Thousand Dollars ($5,000.00) for one person and Ten Thousand Dollars ($10,000.00) for two (2) persons shall be filed with the Village Clerk's office.

D. Affidavit and forms to be filed and executed before commencement of work.

1. No plumbing or drainage work shall be commenced until the plumber who is to do the work has signed and filed the forms as required by § 29.32 hereof and the affidavit as provided in Subdivision B(3) hereof.

PLUMBING § 29.33

2. No registered plumber shall sign the forms or act as agent for a plumber who has not obtained a certificate of competency from the Examining Board of Plumbers of the Village of Mineola.

§ 29.32 Plumbing permit fees

The Board of Trustees shall establish by Resolution a schedule of fees for new and alteration work and installation of equipment.

§ 29.33 Filing of description of work and drawings

A. Required information; drawings.

Triplicate descriptions on forms furnished by the Department of Building and Code Enforcement showing the number and kind of fixtures, all waste, vent, water lines and their respective sizes and approximate cost, and drawings showing location of all fixtures and drainage lines, shall be filled in and filed by the plumbing contractor, the builder or the architect, with the Department of Building and Code Enforcement. The drawings or plans must be drawn to scale in ink on cloth or they may be cloth prints of such scale drawings and shall consist of such floor plans and sections as may be necessary to show clearly all plumbing work to be done.

B. Filing before commencement of work; approved.

The plumbing and drainage shall not be commenced or proceeded with until said drawings and descriptions shall have been filed and approved by the Enforcement Officer.

C. Modifications.

No modification of the approved drawings and descriptions will be permitted unless either amended drawings and triplicate descriptions or an amendment to original drawings and descriptions covering the proposed change or changes are so filed and approved by the Enforcement Officer.

D. Performance of work.

The drainage and plumbing of all buildings, both public and private, shall be executed in accordance with the rules and regulations of the Department of Building and Code Enforcement and the New York State Uniform Fire Prevention and Building Code.

§ 29.33 MUNICIPAL CODE

E. Repairs or alterations.

Repairs or alterations may be made upon filing drawings and descriptions in the Department of Building and Code Enforcement and applying for and receiving permits to make such repairs or alterations.

1. No person shall make any connection with any sewer or waste lines or their devices and appurtenances, nor in any way alter or repair any part of the drainage system or plumbing, as defined under § 29.2 of this Chapter, without first applying for and receiving a permit from the Village.

2. As used herein, the words "alter" or "repair" mean installing or replacing old fixtures, changing location of all fixtures or storage tanks, or any hot‑ or cold‑water lines, and all waste or vent lines.

3. Notice of such repairs or alterations shall be given to the Department of Building and Code Enforcement before they are commenced as shall be prescribed by the rules and regulations of the Department of Building and Code Enforcement, and the work shall be done in accordance with such rules and regulations.

§ 29.34 Inspections

A. Procedure.

All work and materials shall be inspected and approved before any part of the house drains, soil lines, waste lines or vent lines are covered up. After all of the house drains, soil lines, waste or vent lines have been completed, the plumber shall notify the Department of Building & Code Enforcement that same are ready for a test. In the presence of the Enforcement Officer, the complete work must be filled with water to its highest point. When more than one stack goes through the roof, the lower ones shall be plugged to cause water to flow over the highest roof outlet. This will be rigidly enforced. Roof flange must be made tight so that overflowing water will not run down stack. All leaks must be made absolutely tight. All cracked or defective fittings must be removed. No candling will be allowed. Where more than one inspection is required on a roughing test caused by faulty installation, material used not being approved or a leaky joint, the plumber doing the work shall pay the Department of Building and Code Enforcement a fee established by Resolution of the Board of PLUMBING § 29.36

Trustees for each subsequent inspection requested or required. The same applies to flange inspection and final inspection.

B. Written notices.

The plumber shall notify the Enforcement Officer when the work is begun and when the work is ready for inspection.

§ 29.35 Materials and workmanship

All materials and workmanship shall conform to the New York State Uniform Fire Prevention and Building Code, and, in particular, Article 9 thereof.

§ 29.36 Testing the plumbing system

The entire plumbing and drainage system within the building must be tested by the plumber, in the presence of the Enforcement Officer, under a water test. All pipes must remain uncovered in every part until they have successfully passed the test. The plumber must securely close all openings as directed by the Enforcement Officer. The use of wooden plugs for this purpose is prohibited.

A. The water test will be applied by closing the lower end of the main house drain and filling the pipes to the highest opening above the roof with water. The water test shall include at one time the house drain and branches, all vertical and horizontal soil, waste and vent lines and all branches therefrom to a point above the surface of the finished floor and beyond the finished face of wall and partitions. If the drain or any part of the system is to be tested separately, there must be a head of water at least six (6) feet above all parts of the work so tested, and special provisions must be made for including all joints and connections in at least one test.

B. After the completion of the plumbing work in any new or altered building, and before the building is occupied, a final smoke test must be applied in the presence of the Enforcement Officer. Except that for a building not over six (6) stories in height, a peppermint test may be applied.

C. The material and labor for the tests must be furnished by the plumber. Where the peppermint test is used, two (2) ounces of oil of peppermint must be provided for each line up to five (5) stories § 29.36 MUNICIPAL CODE

and cellar in height, and an additional ounce of oil of peppermint must be provided for each line when lines are more than five (5) stories in height.

Cross-references:

Enforcement Officer. Chapter 3, §§ 3.2(B), 3.3

Housing Code. Chapter 27

heating; equipment requirements. § 27.34

plumbing; equipment requirements. § 27.70

Housing maintenance. NYS Uniform Code. Ch. F, Part 1243

Sewer Use. Chapter 46

Uniform Code Enforcement. Chapter 26

acceptable standards. NYS Uniform Code, Ch. G

applicable to Village. §§ 26.2, 26.3(A),(B)

heating, ventilating and air conditioning requirements. NYS Uniform Code. Art. 10, Parts 1000 - 1006.

plumbing requirements. NYS Uniform Code. Art. 9, Parts 900 -907.

Water Regulations. Chapter 45

cross-connections. § 45.41 et seq.

inspections. § 45.17

licensed plumbers to perform work. § 45.21

[See also annotations to Chapter 26.]

PLUMBING § 29.41

ARTICLE IV

WATER SERVICE

§ 29.41 Water service connections

The house or other building water service must be connected to street mains by means of taps and inverted key curb cocks at sidewalk line, in compliance with the rules and under the supervision of the Department of Building and Code Enforcement.

A. All water‑service lines from street main to inside of cellar wall shall be Type "K" copper tubing, as follows:

Part I. Intent and scope is as follows: It is the intent of these specifications to call for the use of seamless copper tubing, tempered and soft annealed. The tubing shall meet all requirements hereinafter specified. The tubing ordered under this specification is intended for water‑service lines below or aboveground for water, and is intended for use with soldered or flared fittings.

Identification: The name or trademark of the manufacturer and a mark indicating the type shall be permanently marked on each tube, at intervals not greater than two (2) feet.

Part II. Detailed requirements: Manufacture: Tubing shall be free from scale and shall be Type "K" soft annealed, and when coiled shall be annealed after coiling. The tubing shall be made of copper having purity of ninety-nine and ninety one-hundredths percent (99 90/100%) as determined by electrolytic assay, the silver being counted as copper. In no case shall any tubing used for water service be less than three‑fourths (3/4) of an inch.

The Type K seamless copper tubing up to two (2) inches shall be as follows:

Actual

Nominal Outside Wall

Size Diameter Thickness Nominal Weight Minimum Test

(inches) (inches) (inches) (per ft.‑pound) (per sq. inch)

3/4 0.875 0.065 0.641 1,000

1 1.125 0.065 0.839 780

1 ¼ 1.375 0.065 1.04 630

1 ½ 1.625 0.072 1.36 580

2 2.125 0.083 1.06 510

§ 29.41 MUNICIPAL CODE

Permissible Variations Mean Outside

Nominal Size Wall Thickness Diameter

(inches) (inches) (inches)

3/4 Minus 0.0045 Minus 0.003

1 ¼ 0.0045 0.0035

1 ½ 0.0045 0.004

2 0.005 0.005

B. Wherever a replacement of water service is installed or a new water service is installed under any concrete or macadam roadway, the copper service lines shall be run inside a galvanized conduit extending beyond the edges of said concrete or macadam not less than one foot. In no case shall this galvanized conduit be less than one and one‑half (1 ½) inches inside measurements.

C. The lead content of solder used in copper tube soldered joints on potable water supply pipes shall not exceed one fifth of one percent (1/5 of 1%).

§ 29.42 Permanent water service

A. Permanent water service shall be rendered by meter only.

B. All meters shall be of a make and type approved by the Board of Trustees and of such size as the Board deems proper. All meters shall be so placed as to be readily accessible and in all cases protected from frost or excessive heat.

C. Immediately upon entering wall of building, structure or operation to be supplied, an approved positive valve shall be ahead of meter connection. Another valve shall be placed behind the water meter and test tee.

D. A one‑half inch tee outlet shall be placed between meter and valve in outlet side of meter for use of Water Department testing connection.

§ 29.43 Permits, supervision, inspection and reports

A. Permits.

No permit to install new, replace old or repair any water service shall be issued to any but a duly licensed and registered master plumber, such license having been granted and signed by the