Local Law No 8 of 2017 AMEND CHAPTER 190 OF CODE OF PUTNAM COUNTY ENTITLED “PLUMBING AND MECHANICAL TRADES”

RESOLUTION #194 – Local Law #8
(Passed at September 5, 2017 Full Mtg.)
APPROVAL/LOCAL LAW / AMEND CHAPTER 190 OF THE CODE OF PUTNAM ENTITLED
“PLUMBING AND MECHANICAL TRADES”
Be it enacted by the County Legislature of the County of Putnam as follows:
Section 1.
Chapter 190 of the Code of Putnam County is hereby amended to read as follows:
Chapter 190
Plumbing and Mechanical Trades
§ 190-1 Title.
This chapter of the Code of Putnam County shall be entitled and known as the “Putnam
County Plumbing and Mechanical Trades Licensing Law.”
§ 190-2 Legislative intent.
It is the intent of this chapter to regulate and license the business of plumbing and
related mechanical trades, within the County of Putnam, in order to protect and promote
the health, safety and welfare of the residents of Putnam County. This chapter, which
amends L.L. No. 20-2009, provides that no person, business, partnership or other entity
shall engage in the work or trade of installing, altering, removing, replacing, testing or
the repairing of plumbing and related mechanical trades systems, as provided for herein,
within the County of Putnam unless duly licensed or registered as required by the
provisions of this chapter.
§ 190-3 Reserved.
§ 190-4 Definitions.
[Amended 9-3-2013 by L.L. No. 11-2013]
For the purposes of this chapter, the following terms shall have the following meanings,
unless the context requires otherwise:
BOARD
The Plumbing and Mechanical Trades Board of Putnam County as provided for by
the provisions of this chapter.
BUSINESS ENTITY
Shall include any corporation, partnership, limited partnership or joint venture
formed for the purpose of engaging in the business and/or trade of plumbing and/or
related mechanical trades.
CERTIFIED EMPLOYEE TRAINING PROGRAM (“CETP”) –a formal structure for testing
and documentation that assures workers in the propane industry have the necessary
knowledge and skills to perform their work safely and effectively.
COUNTY
All references to the “County” will be to the County of Putnam, unless otherwise
indicated.
DIRECTOR
The Director of the Putnam County Office of Consumer Affairs/Weights and
Measures/Trades Licensing and Registration.
FIRE PROTECTION SPRINKLER SYSTEM
All devices and apparatuses comprising the fire protection sprinkler system
extending from the clapper valve backflow preventer station(s) to and including the
sprinkler heads and inspection test stations, and any other required apparatuses
and terminal points within the related piping system.
FIXED MEMBERSHIP
A specific number of memberships established in the rules governing an
organization. Specifically, the fixed membership of the Plumbing and Mechanical
Trades Board is nine (9).
GEOTHERMAL HEATING VENTING & AIR CONDITIONING (“GEOTHERMAL HVAC”)
SYSTEM
Any device or apparatus used in connection with a heating, ventilation and/or airconditioning system that utilize the constant temperature of the earth as an
exchange medium instead of outside air temperature. For purposes of this chapter,
this definition shall include all design and conveyance pipes for any and all types of
refrigerant gas, oil, glycol or water including piping to an incidental connection.
HEATING SYSTEM
The design, installation, maintenance, repair, fabrication, alteration and extension
of heating duct systems and related appurtenances, including hot water, low pressure
steam, solar systems and warm air furnace systems. For the purposes of this chapter,
this definition shall include heating systems that are oil fired, natural gas, propane or
geothermal.
HEATING, VENTILATION & AIR CONDITIONING (“HVAC”) SYSTEM
Any device or apparatus used in connection with a heating, ventilation and/or air
conditioning system located in any building structure whatsoever. For purposes of this
chapter, this definition shall include all conveyance pipes for any and all heating and
cooling systems which include geothermal, refrigerant gas, oil and/or water.
HEATING, VENTILATION & AIR CONDITIONING (“HVAC”) TECHNICIAN
A person who performs installation, repairs, maintenance, extensions and/or
alterations to a solar system, HVAC system or Geothermal HVAC system and who is
licensed in accordance with the provisions of this chapter.
INCIDENTAL CONNECTION
A connection to an existing water system, HVAC system and/or electrical system
that shall not exceed five (5) feet and does not involve substantial modification,
alteration and/or repair to the existing system. For purposes of this chapter, an
“incidental connection” does not include the installation of, alteration of and/or
modification to a potable water, waste, soil and/or vent system or replacement of
valves, water meters* or back-flowing devices. *Water meters that are installed by
the homeowner’s own water system’s or water department’s licensed operators are
exempt from this rule.
JOURNEYMAN
A person who works within the County and is employed by and under the
supervision and control of a County-licensed master tradesperson, and:
A. has a minimum of five (5) years’ experience in plumbing, heating, sheet metal, or
HVAC (including Geothermal and Refrigeration); or
B. has met the requirements of the Certified Employee Training Program (CETP)
offered through the National Propane Gas Association and has a minimum of two (2)
years’ experience in LP gas; or
C. has satisfied the State guidelines through the National Fire Sprinkler Association
permitting a person to install protection sprinklers and has a minimum of two (2)
years’ experience in fire protection sprinkler work; or
D. has two (2) years’ experience cleaning and tuning up oil burner heating systems; or
E. a person who has been approved by the Board and is registered with Putnam County
through the application process.
LEGISLATURE
The Putnam County Legislature.
LIQUID PETROLEUM (“LP”) GAS SYSTEM
All devices and apparatuses comprising the liquid petroleum gas piping system for
all LP-gas-burning appliances, including natural, propane, butane and any other gas
used for heating, cooking or ornamental purposes, extending from the point of
connection with the local supplier’s meter and/or storage tank to all termination
points contained in the consumer’s piping system.
LIQUID PETROLEUM (“LP”) GAS TECHNICIAN
An individual who performs installation, repairs, maintenance, extensions,
relocation and/or alterations to an LP Gas System and who is licensed in
accordance with the provisions of this chapter.
MASTER HEATING TECHNICIAN
A person who performs installation, repairs, maintenance, extensions and/or
alterations to a heating duct system and related appurtenances, including hot water,
low pressure steam, geothermal and solar systems and who is licensed in
accordance with the provisions of this chapter.
MASTER PLUMBER
A person who installs and/or repairs pipes, fixtures and other apparatus relating to
the distribution of water or gas in a building and for disposal of sewage and
otherwise engages in or carries on the business of plumbing, as provided for by the
provisions of this chapter.
MASTER TRADESMAN
A general term used within this chapter to denote a person who is licensed as a
master in any trade.
MECHANICAL TRADES
Trades that are directly related to the trade of plumbing and subject to licensure
under the provisions of this chapter, such as fire protection, geothermal heating,
heating systems, ventilation and air conditioning systems, solar systems (“HVAC”),
liquid petroleum gas, sheet metal work, water well drilling, geothermal drilling and
water pumps.
MECHANICAL TRADESPERSON
A person engaged in the practice of mechanical trades as defined by the provisions
of this chapter.
NATIONAL OIL-HEAT RESEARCH ALLIANCE (“NORA”)
A collaborative program established by the oil heating industry to strengthen the
industry by improving education and training for employees in the industry,
providing customers more information and developing new products for consumers.
OIL BURNER TECHNICIAN (“N.O.R.A.”)
Cleans and maintains oil burner heating systems.
PERSON
For purposes of this chapter, the term “person” shall include an individual,
partnership, corporation, business organization or other similar entity.
PLUMBING
The practice, materials and fixtures utilized in the installation, maintenance, extension
and alteration of all piping, fixtures, plumbing appliances and plumbing appurtenances,
within or adjacent to any structure, in connection with sanitary drainage or storm
drainage facilities; venting systems; medical gases and public or private water supply
systems. From the Uniform Plumbing Code item #004: “Plumbing” includes many types
of plumbing and piping systems including those piping systems for: plumbing (water
supply and drainage), fuel gas, medical gas, vacuum, combustion flue vents, firestopping systems, firefighter breathing air replenishment systems, etc.
POTABLE WATER SOURCE
Water free from impurities present in amounts sufficient to cause disease or harmful
physiological effects and conforming in bacteriological and chemical quality to the
requirements of the public health authority having jurisdiction.
PUMP INSTALLER
A person who is responsible for the on-site repair or installation of water pumps.
REFRIGERATION
The process by which any product or substance is cooled or maintained at or
below 55 degrees Fahrenheit.
REFRIGERATION CONTRACTOR
Any person who engages in or carries on the business of installing, erecting,
altering, extending, repairing or maintaining any device, system or equipment for
refrigeration in buildings or structures, private or public.
SHEET METAL WORK
Utility consisting of the duct work and material for the distribution of air-controlled
movement.
SUBSTANTIAL EVIDENCE
Evidence that a reasonable mind could accept as adequate to support a
conclusion; evidence beyond a scintilla.
WATER TREATMENT SPECIALIST
A person who engages in the installation, repair, replacement, alteration and
maintenance of water softeners, water treatment and/or purification systems.
WATER WELL DRILLER
A person who engages in the function of drilling, driving, boring, jetting and/or
excavating in order to obtain a source of water supply from an aquifer or as it
relates to the drilling concerning a geothermal HVAC system.
§ 190-5 Powers and duties of Director.
In addition to such other powers and duties as may be provided for by local law, the
Director shall be responsible for the direct daily supervision of the Secretary to the
Board, Compliance Enforcement Officer(s) and any other employees of the Office of
Consumer Affairs/Weights and Measures/Trades Licensing and Registration.
§ 190-6 Plumbing and Mechanical Trades Board.
[Amended 9-3-2013 by L.L. No. 11-2013]
A. Board established. There shall be a Plumbing and Mechanical Trades Board
(“Board”) consisting of nine (9) members, who shall each be residents of the County
or own a business within the County. (See definition of “Fixed Membership” § 190-3)
B. The Board shall interview all candidates for Board membership and submit its
recommendations with all candidates’ résumés to the Legislature.
C. Board members shall be appointed by a majority vote of the Legislature. Board
members shall serve a term of three (3) years and at the pleasure of the Legislature.
D. Composition of Board. The composition of the Board shall be a representative group
of people ranging from those with no experience to a master’s level experience with
the plumbing and mechanical trades or working as a plumber or mechanical
tradesperson. At no time, shall the composition of the Board interfere with the
viability of the Board to perform its duties and to adhere to its responsibilities. A
representative group may include:
(1) Licensed master plumbers
(2) Master heating technicians
(3) A citizen who has no experience with plumbing or mechanical trades
(4) Licensed mechanical tradespersons
(5) Current or former Building Inspectors
(5) Licensed HVAC mechanical tradespersons
(6) Licensed LP gas mechanical tradespersons
(7) Licensed well drillers
E. Secretary. There shall be a Secretary to the Board who shall be appointed by the
County Executive. The Secretary shall report to the Director of the Office of
Consumer Affairs, Weights and Measures and Trades Licensing and Registration.
F. Chairperson and Vice Chairperson. The Board, by majority vote of the fixed Board,
shall elect a Chairperson and Vice Chairperson, each of whom shall serve a one-year
term. A Chairperson shall serve no more than two consecutive one-year terms. Once
a Chairperson has served two consecutive one-year terms, he/she shall be
prohibited from serving as the Board Chairperson or Vice Chairperson for a period
of not less than two years.
G. Quorum. A majority of the fixed membership of the Board shall constitute a quorum
for the transaction of business. A quorum may be achieved by members attending in
person or by Board-approved electronic means that allow for simultaneous visual
and aural communication throughout the entire deliberative session.
H. Vacancies. In the event of a vacancy on the Board, the Board shall send its
recommendation to the Legislature and the remainder of the vacating member’s
term shall be filled by appointment by the Legislature.
I. Removal. A Board member may be removed by majority vote of the Legislature for
misconduct or malfeasance in office, incompetence, incapacity, neglect of duty,
chronic absenteeism, or other good and sufficient cause.
§ 190-7 Powers and duties of Board.
The Board shall have the following powers and duties:
A. Rules and regulations. The Board shall promulgate its own rules and regulations
with respect to its proceedings and with respect to any matter over which it has
jurisdiction, subject to guidelines set forth in the Putnam County Legislative Manual
for the setting of agendas, conduct of meetings, and keeping of minutes. The rules
and regulations established by the Board shall not supersede the provisions of this
Chapter. The Board shall prepare a manual of its duly adopted rules and regulations
and file the same with the Clerk of the Legislature. Such manual shall be made
available for public inspection. The Board shall file with the Clerk of the Legislature
a copy of every rule, regulation and/or amendment thereto, and every decision,
determination and/or appeal thereof, and the same shall be public record. [Amended
5-4-2010 by L.L. No. 10-2010]
B. Meetings. The Board shall hold at least seven (7) meetings a year at the call of the
Chairperson and at such other times as the Board may determine necessary or
desirable for the efficient discharge of the business of the Board at the call of the
Chairperson or upon written request by two (2) Board members. All members shall
be provided with a minimum of one week’s prior written or oral notice of a meeting
or otherwise to the extent practicable at a reasonable time prior to the meeting.
C. Minutes/voting records. The Board shall keep minutes of its meetings and
proceedings, which shall consist of a record or summary of all motions, proposals,
resolutions and any other matter formally voted upon and shall include a record of
the final vote of each member.
(1) Within two weeks from the date of such meeting, the Secretary shall provide the
members of the Board with copies of the proposed minutes and shall make copies
of such minutes available to the public. The minutes made available to the public
shall be clearly identified as “draft” and/or “unapproved.” Upon approval of the
minutes pursuant to subsections (2) and (3) of this section, the Secretary shall
replace any “draft” or “unapproved” minutes available for public inspection with a
copy marked “approved.”
(2) The Board shall consider draft and/or unapproved minutes for approval at the
next regular Board meeting.
(3) Any mistakes, errors or omissions noted by the Board shall be corrected by the
Secretary and the revised minutes shall again be considered by the Board at its next
regular meeting.
(4) Within thirty (30) days after approval by the Board, the minutes shall be filed with
the Clerk of the Legislature.
(5) The Office of Consumer Affairs shall retain all tape recordings for one (1) year.
D. Records. The Board shall maintain a record of all licenses and registrations issued,
suspended or revoked under the provisions of this chapter. A complete record of
every examination administered under the provisions of this chapter shall be kept
on file in accordance with the County’s records retention and disposition schedule.
E. Examinations and qualifications. The Board shall prescribe the licensing
examinations for assessing an applicant’s knowledge and expertise in the field of
plumbing or related mechanical trade. In addition to prescribing written
examinations, the Board shall investigate the qualifications, fitness and employment
history of any applicant requesting licensure or registration pursuant to this chapter.
The Board may require, as a condition of examination, that the applicant provide
documentation and/or information relating to current or prior employment,
qualifications and fitness, as set forth in § 190-9. [Amended 5-4-2010 by L.L. No. 10-
2010]
F. Licenses/registration. Upon successful completion of the requisite examination and
upon the Board’s satisfaction of the applicant’s qualifications for the license or
registration sought, the Board shall grant and issue periodic licenses and/or
registrations.
G. Complaints. The Board shall have the power to hold hearings on charges of
violations of this Code, to make formal findings of facts and to impose civil penalties
and sanctions in accordance with the law. See § 190-22 Enforcement.
H. Subpoena power. Pursuant to New York Civil Practice Law & Rules § 2302(a), the
Board shall have the power to issue, and cause to be served, subpoenas for the
production of books, records and documents and appearance of witnesses at any
duly convened hearing of the Board.
I. Fees. The Board shall have the power to collect fees or to cause fees to be collected
for 1) the administration of examinations, 2) the issuance and/or renewal of licenses
and/or registrations hereunder and 3) application fees. Said fees shall be in
accordance with fee schedules duly adopted and approved by the Legislature.
J. Recommendations. The Board shall make recommendations to the Legislature
regarding any matter relating to the administration of this chapter, including
proposed amendments thereto.
K. Suspension/revocation; civil penalties. The Board shall have the power to suspend
and/or revoke licenses and registrations issued hereunder and/or assess and
impose civil penalties for cause as prescribed by the provisions of this chapter.
L. Experts/consultants. Subject to legislative approval and appropriation of funds, the
Board may hire experts and/or consultants and pay for their services as may be
necessary and appropriate in the conduct of its business.
M. Oaths. The Chairperson of the Board or his/her designee shall be empowered to
administer oaths.
§ 190-8 License/registration required.
[Amended 9-3-2013 by L.L. No. 11-2013]
A. No person shall engage in, carry on or conduct the business or trade of plumbing or
other related mechanical trade, as defined herein, within the County, and no person
shall represent himself or herself to be or a master tradesperson within the County,
unless duly licensed in accordance with the provisions of this chapter. The trades
include, but are not limited to: Fire Sprinkler, Geothermal, Heating, HVAC, LP Gas,
N.O.R.A., Plumbing, Pump Installer, Refrigeration, Sheet Metal, Water Treatment and
Well Drilling.
B. No person shall engage in, carry on or conduct the business or trade of plumbing or
other related mechanical trade, as defined herein, or hire himself or herself out to
perform the services of master plumber, mechanical tradesperson, journeyman
plumber or journeyman mechanical tradesperson unless he or she has been duly
authorized to do so by the issuance of a license or registration.
C. Nothing contained in this chapter shall be construed to obviate the need for
procuring any and all permits otherwise required by law for the performance of
plumbing and/or mechanical trades work within the County.
§ 190-8-a Mechanical trades; special regulations and requirements
A. Fire Sprinkler Installer.
Applicants for Master Fire Sprinkler Installer license must:
(1) Be at least 21 years of age; and
(2) Submit proof of a minimum of five (5) years’ experience working with fire sprinkler
systems; and
(3) Submit proof that he/she passed two (2) examinations given by the National Fire
Sprinkler Association.
B. Geothermal
Applicants for a Geothermal Well Drilling license must:
(1) Be at least 21 years of age; and
(2) Possess a minimum of two (2) years’ experience in the drilling industry; and
(3) Pass two (2) examinations given by the National Ground Water Association,
Water Systems Council or a New York Department of Environmental
Conservation-recognized equivalent testing company with a grade of seventy
percent (70%) or better; and
(4) Be registered with the New York Department of Environmental Conservation; and
(5) Successfully complete the master Geothermal HVAC examination.
(6) Additional Information: Vertically-drilled geothermal wells are to be drilled by a
DEC New York State-certified well driller (registered in 2011) as defined in this
chapter.
C. Heating
Applicants for a Heating license must:
(1) Be at least 21 years of age; and
(2) Submit proof of a minimum of seven (7) years’ experience in the performance of
heating maintenance and repair; and
(3) Successfully complete the master Heating examination.
D. HVAC Technician
Applicants for an HVAC Technician license must:
(1) Be at least 21 years of age; and
(2) Submit proof of a minimum of seven (7) years’ experience in the performance of
HVAC installation, maintenance and repair and an EPA 2 or 3 card; and
(3) Successfully complete the master HVAC examination with a grade of seventy
percent (70%) or better.
(4) Additional Information: Vertically-drilled geothermal wells are to be drilled by a
DEC New York State-certified well driller (registered in 2011) as defined in this
chapter
E. LP Gas Technician
Applicants for LP Gas Technician license must:
(1) Be at least 21 years of age; and
(2) Successfully complete the LP Gas examination; and
(3) Submit proof of successful completion of CETP; and
(4) Submit proof of a minimum of five (5) years’ experience working in the LP gas
industry.
F. N.O.R.A.
Applicants for a N.O.R.A. license must:
(1) Be at least 21 years of age; and
(2) Submit proof of a minimum of five (5) years’ experience in the maintenance
and tune up of oil burning heating systems; and
(3) N.O.R.A.- minimum Silver Certification (requires seventy-eight percent (78%) or
better on testing administered through N.O.R.A.
G. Plumbing
Applicants for a Master Plumbing license must:
(1) Be at least 21 years of age; and
(2) Submit proof of a minimum of nine (9) years’ experience in the field of plumbing;
and
(3) Successfully complete the Master Plumbing with Gas examination
H. Pump and/or Pumping System Installation
Applicants for Pump and/or Pumping System Installation license must:
(1) Be at least 21 years of age; and
(2) Possess a minimum of two (2) years’ experience in the pump industry; and
(3) Pass two (2) exams given by the National Ground Water Association, Water
Systems Council or a New York Department of Environmental Conservationrecognized equivalent testing company with a grade of seventy percent (70%) or
better; and
(4) Be registered with the New York Department of Environmental Conservation.
I. Refrigeration
Applicants for a Refrigeration license must:
(1) Be at least 21 years of age; and
(2) Submit proof of a minimum of seven (7) years’ experience in the performance of
HVAC installation, maintenance and repair and an EPA Universal card; and
(3) Successfully complete the Master Refrigeration examination.
J. Sheet Metal Worker
Applicants for Sheet Metal Worker license must:
(1) Be at least 21 years of age; and
(2) Possess a minimum of seven (7) years’ experience working with sheet metal; and
(3) Successfully complete the Sheet Metal examination.
K. Water Treatment Specialist
Applicants for Water Treatment Specialist certification must:
(1) Be at least 21 years of age; and
(2) Possess a minimum of two (2) years’ experience in the water treatment industry; and
(3) Pass two (2) certification exams given by the Water Quality Association or other
approved examination.
L. Water Well Drilling
Applicants for Well Drilling, including Geothermal, certification must:
(1) Be at least 21 years of age; and
(2) Possess a minimum of two (2) years’ experience in the drilling industry; and
(3) Pass two (2) examinations given by the national Ground Water Association, Water
Systems Council or a New York Department of Environmental Conservationrecognized equivalent testing company with a grade of seventy percent (70%) or
better; and
(4) Be registered with the New York Department of Environmental Conservation.
(5) Additional Information: Vertically-drilled geothermal wells are to be drilled by a
DEC New York State-certified well driller (registered in 2011) as defined in this
chapter.
§ 190-8-b Incidental connections.
A. Notwithstanding any other provision of this chapter, a master plumbing license
shall not be required to make incidental connections, as defined herein, to
existing piping systems, provided that such connection is made by a person who
has been duly registered under the provisions of this chapter in the related and
applicable mechanical trade*. *Water meters that are installed by the
homeowner’s own water system’s or water department’s licensed operators are
exempt from this rule.
B. Exception. In a new construction, defined herein to mean a structure that does
not have a present existing potable water system, all final potable water supply
connections to and from any appliance located within the structure must be
made by a licensed master plumber. Further, all LP gas piping and natural gas
piping connections within such structures must be installed by a licensed master
plumber or mechanical tradesperson.
C. Any oil burner/boiler alteration, modification or installation involving relocation of
any part of an HVAC system more than five (5) feet from an existing heating,
ventilation or air-conditioning appliance which is connected to a refrigerant line(s)
must be performed by a licensed HVAC technician.
D. The electrical connections involved in any alteration, modification or installation
involving relocation of any part of a mechanical system or appliance more than five
(5) feet from an existing mechanical system or appliance which is hard-wire
connected to electrical line(s) must be performed by a licensed electrician.
§ 190-9 Application and examination procedure.
[Amended 5-4-2010 by L.L. No. 10-2010; 9-3-2013 by L.L. No. 11-2013]
A. Written application. Written applications for licensure and/or registration shall be
submitted to the Secretary of the Board on the form prescribed by the Board. At a
minimum, each application shall set forth the name of the individual seeking
licensure or registration, residence address, business address, email address (if
applicable), telephone numbers, date of birth and trade names of the applicant, plus
such additional information concerning his or her qualifications and history,
including any criminal record, as the Board may require. Any person applying for a
licensure for any trade pursuant to this chapter must be at least twenty-one (21)
years of age. All applications shall be notarized. If the applicant is an officer, owner
or employee of a plumbing and/or mechanical trade business, partnership or
corporation, then the application shall set forth the names of all officers, owners and
employees thereof as of the date of application.
B. Proof of current or prior employment, qualifications and fitness for licensure. All
applicants must provide proof of his/her experience by providing documentation
and/or information relating to his/her current and/or prior employment, qualifications
and fitness for licensure. Proof of employment must include the name and address
of the current and/or former employer, the length of time the applicant worked for
the current and/or former employer and the type of work the applicant performed
while working for the current and/or former employer. Proof of employment may
include, but is not limited to, letters from the current and/or former employers
evidencing experience in the applicant’s respective field, tax returns, W-2s, Social
Security records and work logs.
C. Upon receipt of an application, the Secretary shall forward a copy of the same to the
Chairman of the Board.
D. Board review. Upon receipt of an application to test for a license, the Board shall
review such application to ascertain whether or not the applicant possesses the
minimum qualifications necessary. At the discretion of the Chairperson, a committee
of Board members could be convened to review and vote upon an individual’s
application before being sent to the full Board for final review and vote. Once an
affirmative vote of a majority of the fixed Board has been made, the applicant shall
be permitted to take the licensing examination.
E. Written examination.
(1) Either the Board or an approved testing agency shall provide written examinations.
Should the Board administer the examination, it shall be monitored by at least two
members of the Board, who shall sign their names to all parts of the applicant’s
examination. The date, time and place of testing shall be determined by the Board or
the approved testing agency. The Board shall provide applicants with written notice
of testing dates. Results of every examination administered under the provisions of
this chapter shall be kept on file in accordance with the Putnam County’s document
retention policies.
(2) Passing grade. Applicants must receive a grade of seventy percent (70%) or higher on
the written examination to qualify for licensure or registration, except for the N.O.R.A.
examination which requires a passing grade of seventy-eight percent (78%) or higher.
Applicants shall be notified of the results of their written examinations within thirty
(30) business days after the date of the examination. Activation of licensure within
one (1) year of passing the exam is required.
(3) If, during the three (3) years after application approval, the applicant wishes to re-test,
a Re-Application Fee must be submitted for each re-test. (see Fee Schedule) The fee
for the examination itself is separately determined and handled by the testing entity.
(4) If, after three (3) years from application approval, the applicant has not passed the
examination, a new complete Application and Application Fee must be submitted to
continue seeking licensure. (see Fee Schedule) The fee for the examination itself is
separately determined and handled by the testing entity.
F. Fees. The fees for applications, licensing, renewal and other fees provided for under
the provisions of this chapter shall be proposed by the Board and set by resolution
of the Legislature. All fees collected under the provisions of this chapter are
nonrefundable.
G. Exceptions to testing requirements; for possible examination/testing waiver, please
see § 190-16 Reciprocity.
H. Child support obligations. Under New York State General Obligations Law § 3-503,
all applicants for a license or renewal license must complete a New York State
Department of Labor Form GO 1 “Appendix to a License Application” regarding the
applicant’s child support obligations.
§ 190-10 Licensing and registration.
[Amended 9-3-2013 by L.L. No. 11-2013]
A. Issuance of license and/or registration. Upon payment of the appropriate fee, the
Board shall issue a license or registration to the approved applicant, together with
indicia of licensure or registration evidencing the same (which shall remain the
property of the County of Putnam). Licenses and/or registrations shall be issued to
individuals only.
B. Term.
(1) Each master tradesman license issued hereunder shall expire on the next
succeeding 31st day of December.
(2) Each journeyman registration shall be issued for a two-year period expiring on the
second succeeding 30th day of June and shall be issued upon the payment of a twoyear fee. Thereafter, such journeyman’s registration shall expire on the 30th day of
June of the licensed term, unless otherwise notified.
C. Renewals. Applications for renewal of a license or registration duly issued under the
provisions of this chapter shall be submitted to the Secretary of the Board on the
form prescribed by the Board prior to the expiration date of the license and/or
registration and shall be accompanied by the appropriate licensing/registration fee.
Upon request by the Board, applicants for renewal must provide the Board with such
proof as may be necessary and appropriate to satisfy the Board of the applicant’s
qualifications, competency and fitness to carry on the trade for which he or she is
licensed and/or registered.
D. Late renewal. If application for renewal is not made within the time prescribed
herein, the Board, in its sole discretion, may nevertheless renew the license and/or
registration. In such event, before the Board may issue a renewal, the licensee or
registrant must pay the appropriate late fee, as set by the Board and approved by
the Legislature, in addition to the licensing or registration fee.
E. Suspension of renewal privileges. Failure to renew a license issued under the
provisions of this chapter within one (1) year after expiration thereof may result in
the suspension of all renewal privileges hereunder. Any person desiring a license
after such suspension of privileges shall be required to reapply for licensure in
accordance with the provisions of this chapter, including the payment of all
applicable fees and successful re-examination.
F. Severance of business ties; notice to Board. Whenever a licensed master
tradesperson representing a plumbing or mechanical trades business, which
operates under a trade, partnership or corporate name, severs his or her
relationship with such business, it shall be the duty of the licensee and the business
to notify the Board of such action within thirty (30) days from the date thereof.
Failure to do so shall be deemed sufficient cause for denying a new license and/or
renewal thereof.
G. Presentation on demand. All licensees and registrants shall be required to present
evidence of licensure or registration upon demand by the Director and/or the
Compliance Enforcement Officer(s). Failure to do so shall constitute a violation of
this chapter.
(1) The licensee and his/her registered journeymen shall be issued an identification
card, to be provided by the Office of Consumer Affairs, authorizing the individual to
perform the work as indicated. The identification card shall contain: the name of the
licensee, the license number and the name of the employee. This identification card
shall be carried at all times and shall be produced upon request to the County
inspector or town building inspector and/or his/her designee within the geographical
area of such inspector’s employment. A violation of this section shall subject the
licensee or registrant to a civil penalty as provided for in this chapter.
(2) Should a licensee or registrant be charged with a violation of § 190-10(G)(1) for a
worker not carrying identification, the licensee or registrant shall have five (5)
County business days to produce the worker’s identification to the Office of
Consumer Affairs for a reduction in the civil penalty. In order to receive a reduction
in the civil penalty, at the time the identification is produced to the Office of
Consumer Affairs, the licensee or registrant shall present the payroll records of the
employee or evidence of the licensee’s or registrant’s payment to the company that
employs the worker found on the job site without identification.
H. Military service exception. In the event a licensee and/or registrant is called to active
duty in the United States military, his or her license and/or registration shall be
deemed “inactive status” during the period of such active duty. Upon return from
active duty and presentation to the Board of proof of the dates of active duty, such
license and/or registration shall be reactivated effective the day after the last date of
active duty and credited for each day of active duty. This exception shall be
retroactive to account for any deployment occurring after September 11, 2001.
§ 190-10-a Hiring, supervision and responsibility.
[Amended 5-4-2010 by L.L. No. 10-2010; 9-3-2013 by L.L. No. 11-2013]
A. No person who is licensed as a master tradesperson pursuant to this chapter shall
hire any person to perform services of a journeyman tradesperson in Putnam
County unless such person has obtained a journeyman tradesperson registration
card under this chapter.
B. A licensed master tradesperson shall respond to the Board’s request for information
regarding the registered journeymen employed by the licensed master tradesperson.
The licensed master tradesperson must provide the specific information requested
by the Board within the specific time frame of such request.
C. A violation of this section shall subject such person to civil penalties as provided for
in this chapter, except that a master tradesperson shall be responsible for any and
all unregistered employees.
D. This section shall not be construed to impose penalties upon an employee of an
unlicensed master tradesperson. Should an unlicensed master tradesperson hire a
journeyman tradesperson, the unlicensed master tradesperson shall be penalized.
E. No one person with a journeyman tradesperson registration shall hold
himself/herself out as a master tradesperson. If found guilty, he/she will be subject
to civil penalties and/or a suspension of journeyman registration pursuant to a
hearing as defined in this chapter.
§ 190-10-b Suspension or revocation of license/registration.
A. The Board shall have the power to suspend or revoke any duly issued license,
registration or renewal thereof upon a showing, made in accordance with the rules
and regulations of the Board and supported by substantial evidence, that:
(1) The licensee and/or registrant violated any provision of this chapter, the rules and
regulations of the Board, or any other law or ordinance pertaining to plumbing or
mechanical trades and that relates to public health and safety; or
(2) The licensee and/or registrant is unfit or incapable of performing or engaging in the
trade for which he or she is licensed and/or registered, as evidenced by
substantiated complaints and/or charges filed with the Board against the licensee
and/or registrant
B. Prior to taking action to suspend or revoke a license or registration, the Board shall
provide notice and conduct a hearing in accordance with the procedures set forth in
§ 190-22 of this chapter.
C. In the event the Board suspends or revokes a license and/or registration issued
hereunder, it shall set forth in writing the reasons supporting such determination
and provide a copy of the same to the licensee and/or registrant within 10 days after
the close of the hearing provided for in Subsection B.
D. In the event that the Board suspends a license and/or registration issued hereunder,
said determination shall set forth the term of the suspension.
E. In the event that the Board revokes a license and/or registration issued hereunder,
the licensee and/or registrant shall return his or her indicia of licensure or
registration to the Board via certified mail, return receipt requested. Such person
shall not be eligible to apply for relicensing and/or reregistration unless and until he
or she receives written authorization to reapply from the Board, and only then after
successful re-examination in accordance with the provisions of this chapter.
§ 190-11 Prohibited acts.
[Amended 5-4-2010 by L.L. No. 10-2010; 9-3-2013 by L.L. No. 11-2013]
The following acts are strictly prohibited:
A. Abandonment or failure to perform, without justification, any contract for plumbing
or mechanical trades work or project engaged in or undertaken by the contractor.
B. Making any material misrepresentation in the procurement of a contract for
plumbing or mechanical trades work, or making any false promise likely to
influence, persuade or induce.
C. Any fraud in the execution of or in the material alteration of a contract for plumbing
or mechanical trade work, or making any false promise likely to influence, persuade
or induce.
D. Any fraud in the execution of or in the material alteration of any contract, promissory
note or other document incident to a contract for plumbing or mechanical trades
work.
E. Making a false statement or providing false information in making an application for
license or registration, including duplicate or renewal.
F. Making a false statement or providing false information when responding to the
Board’s request for information regarding registered journeymen employed or
formerly employed by the licensed master plumber or licensed mechanical
tradesperson.
G. Demanding or receiving any payments prior to the signing of a contract for
plumbing or mechanical trades work.
H. Directly or indirectly publishing any advertisement relating to plumbing or
mechanical trades work which contains an assertion, representation or statement of
fact which is false, deceptive or misleading.
I. Violation of the building, sanitary and health laws of this state or of any political or
municipal subdivision thereof.
J. Failure to notify the Board, in writing, of any change or control in ownership,
management or business name or location.
K. Failure to adhere to any of the requirements as set forth in § 190-8 of this chapter.
L. Conducting a plumbing or mechanical trades business in any name other than the
one in which the contractor is registered.
M. Failure to respond to the Board’s request for information regarding the registered
journeymen employed or formerly employed by the licensed master tradesperson.
N. Failure to comply with any order, demand or requirement made by the Director or
Board pursuant to the various provisions of this chapter.
O. Failure to list license number in any and all advertisements for the licensed
plumbing or mechanical trades business.
P. Failure to maintain the proper insurance, surety license and permit bond, as
required by § 190-25 hereof.
Q. Any fraud in recommending the installation, repair or replacement of any item the
tradesman knew or should have known was not required.
R. Work which is not consistent with New York State Building Codes, local codes,
reference standards or any other applicable codes.
S. Installing, maintaining, fabricating, altering or repairing a hot water, low pressure
steam or hot air furnace system without a license.
T. A licensee’s failure to register an employee with the Board.
§ 190-12 Reserved.
§ 190-13 Reserved.
§ 190-14 Reserved.
§ 190-15 Transferability.
No holder of a license or registration duly issued under the provisions of this chapter
shall, directly or indirectly, authorize, consent to or permit the use of his or her license or
registration by or on behalf of any other person or business entity. A violation of this
section may result in a revocation hearing to determine whether or not the
license/registration will be suspended or terminated and shall subject such licensee
and/or registrant to civil penalties as provided for in this chapter.
§ 190-16 Reciprocity.
A. The Board, with the approval of the County Executive, may waive the examination
requirements and issue a master tradesperson license to any person holding an
equivalent current and valid license issued by other political subdivisions of the
State of New York outside of Putnam County, provided that, in the judgment of the
Board, the qualifications for such licenses by such other political subdivisions are
substantially similar to those required by or permitted pursuant to this chapter.
Furthermore, such political subdivision shall similarly issue a license without
examination to an individual with such qualifications licensed in Putnam County, as
evidenced by local law and/or resolution by such political subdivision. Both Putnam
County and the political subdivision shall file these reciprocity agreements with their
respective County or Town Clerk. All other requirements for licensure provided for
by this chapter remain applicable to such persons. Such persons are subject to all
provisions of this chapter.
B. Licenses issued pursuant to Subsection A may be renewed in accordance with the
provisions of this chapter.
C. Persons licensed in accordance with this subsection must at all times retain their
licensure from the conferring jurisdiction. Failure to do so will result in a revocation
hearing to determine whether or not the Putnam County license will be terminated. D.
Nothing in this subsection shall obviate the need for procuring any permits for
plumbing work otherwise required by local or state law, rule or regulation.
§ 190-17 Unlicensed or unregistered tradespersons.
[Amended 9-3-2013 by L.L. No. 11-2013]
A. No person who has not qualified for and obtained a license or registration card issued
under the provisions of this chapter shall represent himself or herself to the public,
or engage in the work of a licensed master tradesperson or a journeyman
tradesperson in Putnam County.
B. A violation of this section shall subject such person to civil and/or criminal penalties
as provided for in this chapter, except that a master plumber shall be responsible for
any and all unregistered employees.
§ 190-18 Display and advertising.
A. Each person issued a license or registration under this chapter will be issued a
written certificate of license or registration, a personal identification card and a
vehicle decal. The certificate and identification card will contain the holder’s name,
Putnam County license or registration number, and the expiration date thereof. All
items so issued shall be and remain the property of the County of Putnam.
B. The certificate of license or registration must be conspicuously displayed at the
holder’s place of business at all times.
C. The personal identification card must be in the holder’s possession at all times while
on a job site, and available for inspection.
D. The vehicle bumper decal must be affixed to all vehicles owned, leased or used by
the license or registration holder in the performance of his or her trade or business.
E. All vehicles which are owned, leased or used in the name of a business entity, the
owners, principals and/or employees of which are subject to the provisions of this
chapter, must prominently display the business name and Putnam County license or
registration.
F. All vehicles which are owned, leased or used in the name of a business entity, the
owners, principals and/or employees of which are subject to the provisions of this
chapter, must be duly registered with the Board by providing proof of vehicle
registration.
G. Failure to comply in any manner with the provision of this section shall be a
violation of this chapter and shall subject the license/registration holder to the
sanctions provided for herein.
H. All County decals/registrations or I.D. must be removed upon sale of any vehicle
bearing same.
§ 190-19 Shelving of license or registration.
Upon written request by the licensee and/or registrant, a license or registration may be
shelved, subject to the following:
A. The granting of a request for shelved status shall not be deemed or otherwise
considered a suspension of license or registration.
B. The period of shelved status may be granted for a period of one (1) year at a time
and must be renewed annually.
C. The period of shelved status shall commence upon expiration of the current year.
D. On or before December 31st of each year of shelved status, the licensee and/or
registrant must either:
(1) Submit a Shelving Affidavit; or
(2) Submit a Renewal Application.
E. A fee shall be assessed against the licensee or registrant during any period of
approved shelving status.
F. Upon reactivation, the licensee or registrant shall be required to pay the appropriate
annual licensing fee regardless of the time remaining in the calendar year.
G. Any licensee or registrant of a shelved license who is found working in Putnam
County shall be deemed unlicensed/unregistered. He/she may be subject to fines
and penalties as provided for in this chapter and shall permanently lose his/her
eligibility to apply for a shelved license or registration in the future.
H.. A licensee or registrant who is granted shelved status must complete, prior to
renewal any applicable continuing education credit hours that may be required
during the period of time the license or registration is shelved.
§ 190-19-a Shelving of license or registration for master or journeymen tradespersons
exclusively employed by a municipality.
A. For purposes of this section, a licensed master or journeyman tradesperson, as
defined in this chapter, shall be eligible to shelve his/her license/registration while
he/she is exclusively employed by:
(1) Putnam County government;
(2) A Putnam County town or village government; or
(3) A school district within Putnam County.
B. The request for shelved status hereunder shall be made annually to the Board in
writing. Once the license/registration is shelved, the licensee/registrant shall
surrender his/her plate, license/registration and remove decals from his/her
vehicles, prior to activation of such shelving status. No holder of a shelved
license/registration shall receive a copy or any other reproduction of such shelved
license/registration. In no way shall approval of shelved status hereunder be
deemed a suspension under § 190-10-b above.
C. A fee shall be assessed against the licensee and/or registrant during any period of
approved shelving. If a licensee/registrant activates his/her license/registration at
any time during the calendar year, he/she will be responsible for the full year’s fee.
Fees will not be prorated.
D. Any holder of a shelved license or registration who is found working outside his/her
exclusive employment by Putnam County government, a Putnam County town or
village government or a school district within Putnam County shall be deemed
unlicensed/unregistered. He/she shall be subject to fines and penalties as provided
for in this chapter and may permanently lose his/her eligibility to apply for a shelved
license in the future.
E. A licensee or registrant who is granted shelved status must complete, prior to
renewal, any applicable continuing education credit hours that may be required
during the period of time the license or registration is shelved.
§ 190-19-b Reserved.
§ 190-20 Regulation of business.
A. Neither licenses nor registrations may be issued in the name of a corporate or
business entity. In the case of a corporation, partnership, limited partnership or joint
venture, the individuals who are responsible for the performance of work covered by
this chapter on behalf of such corporation, partnership, limited partnership or joint
venture, whether they be employees, officers, owners, or shareholders of the same,
must be individually licensed or registered in accordance with the provisions of this
chapter.
B. Such licensed master plumber or licensed or registered tradesperson shall be solely
responsible for the proper supervision and layout of any plumbing or mechanical
trade work performed in the name of such business entity. All performing work
under such licensed master plumber and/or licensed or registered tradesperson
must be active employees of such business entity.
C. All such corporations, partnerships, limited partnerships or joint ventures must file
with the Board a registered copy of the applicable business certification as is on file
with the Clerk of the County where such business entity maintains its principal place
of business.
D. Whenever a licensee/registrant who represents or is employed by a business entity
severs his/her relationship or employment with such business entity, it shall be the
responsibility of such person and the business entity to provide the Board with
written notice of such action within thirty (30) days after such separation. In such
event, such business entity shall provide the Board with proof that another duly
licensed/registered person is performing the actual work of the business. The failure
of the licensee/registrant or the business entity to provide such notice and/or proof
may be deemed sufficient cause to deny issuance of a new license/registration.
§ 190-21 Compliance Enforcement Officer.
A. There shall be a Compliance Enforcement Officer(s) who shall report directly to the
Director.
B. Powers and duties. The Compliance Enforcement Officer(s) shall have the following
powers and duties:
(1) Investigations. Upon receipt of a complaint by any person alleging a violation of this
chapter, or on his or her own initiative based on personal knowledge of a suspected
violation, the Compliance Enforcement Officer may conduct any independent
investigation necessary to carry out the provision of this chapter. Pursuant to this
power, the Compliance Enforcement Officer may:
(a) Subpoenas: The Compliance Enforcement Officer may make recommendations to
the Board to subpoena the appearance of witnesses to a duly-held hearing and/or to
compel the production of any books, records or documents that he or she may deem
material and relevant for the proper prosecution of a violation.
(b) Appearance tickets: issue appearance tickets to alleged violators to compel their
appearance before the Board. Such appearance tickets shall be in a form prescribed
by the Board and shall contain the information as provided for in § 190-22 below.
(2) Prosecutions. The Compliance Enforcement Officer shall be charged with the duty of
presenting material and relevant evidence of alleged violation(s) of this chapter at a
hearing duly convened by the Board in accordance with § 190-22 of this chapter. The
Compliance Enforcement Officer shall designate an alternate to make the
presentation to the Board in his/her absence. Such designated alternate shall not be
a currently serving member of the Board.
§ 190-22 Enforcement.
A. Suspension, revocation and civil fines. Following a hearing as provided for herein,
the Board shall have the power to revoke or suspend, for such period as the Board
may deem appropriate, any license or registration issued under the provisions of
this chapter, and/or assess and impose civil fines as provided for herein, provided
that a majority of the Board is satisfied by substantial evidence that a person or the
holder of such license or registration has violated a provision of this chapter, the
rules and regulations of the Board, or any other law, regulation or ordinance
applicable to plumbing or related mechanical trades.
B. Procedure for suspension, revocation and/or imposition of civil fines.
(1) Notice of charges. Prior to revocation or suspension of a license or registration
and/or the assessment of any civil penalties as provided for herein, the holder
thereof shall receive in writing, a notice of charges that includes an appearance
ticket and all of the particulars of the alleged violation. Such notice shall be
forwarded to the alleged violator by the Compliance Enforcement Officer via
registered or certified mail with return receipt requested in addition to regular firstclass mail to the address provided and shall contain the following information:
(a) The name and address of the alleged violator.
(b) The specific section(s) of this chapter alleged to have been violated.
(c) A statement of the facts and circumstances supporting the charge(s).
(d) The date, time and place where the alleged violator is summoned to appear before
the Board for a hearing on the alleged violation.
(e) A statement advising the alleged violator that any answer to the charges must be
filed with the Board within 15 days of his or her receipt thereof, as evidenced by the
returned receipt of mailing or evidence of mail delivery recovered from the U.S.
Postal Service website.
(f) A statement of the possible penalties to be imposed in the event the charges are
proven to the Board by substantial evidence.
(g) A statement advising the alleged violator that a default judgment will be entered
against him or her in the event he or she fails to appear as directed.
(h) A statement advising the alleged violator that he or she has the right:
[1] To be represented by legal counsel (at his or her own expense);
[2] To testify, call witnesses and/or present evidence in his or her defense at the
hearing;
[3] To request an adjournment for good cause. See “Adjournments” below;
[4] To waive his or her right to a hearing and plead guilty to the charges, by mail or in
person at the Office of Consumer Affairs.
(2) Hearing.
(a) Timing. The hearing on any alleged violation of this chapter shall be held before the
Board within one hundred (100) days of the date of the written notice provided for in
Subsection B(1).
(b) Adjournments. Any requests for an adjournment must be made in writing and may
be granted at the sole discretion of the Board. Any granted adjournment shall nullify
the one hundred (100) day period of § 190-22(B)(2)(a).
(c) Record. A stenographic or audio recording of the hearing shall be made by the
Board.
(d) Rules of evidence. Compliance with the technical rules of evidence shall not be
required, but all evidence presented must be material and relevant as determined by
the presiding officer.
(e) Presiding officer. The hearing shall be conducted by the Board and shall be presided
over by the Chairperson of the Board or, in his or her absence, the Vice Chairperson
or another Board member designated by the Chairperson or Vice Chairperson.
(f) Presentation of evidence in support of the charges. Evidence of the alleged violation
shall be presented to the Board by the issuing Compliance Enforcement Officer, or
his/her designee, who shall be subject to questioning/cross-examination by the
alleged violator or his or her legal representative.
(g) Burden of proof. The charges contained in the notice shall be proven by substantial
evidence.
(h) Findings of fact and decision. Within thirty (30) days from the submission of all
evidence and the close of the hearing, the Board shall issue a written decision on
the charges, setting forth therein:
[1] Its findings of fact as determined by the evidence presented at the hearing;
[2] Its decision regarding the alleged violator’s guilt or innocence of the charges set
forth in the notice of charges;
[3] A statement of the reasons supporting its decision;
[4] The penalty, if any, to be imposed, including any relevant effective date(s) or periods
of duration as determined by the Board; and
[5] A statement regarding the right to challenge the Board’s decision pursuant to Article
78 of the New York Civil Practice Law and Rules.
(i) Notice of decision. The Board shall immediately cause a written copy of its findings
of fact and decision to be delivered to the alleged violator via registered or certified
mail, return receipt requested.
(j) Judicial review. The decision of the Board shall be subject to judicial review in
accordance with Article 78 of the New York Civil Practice Law and Rules.
C. Permissible penalties. The Board, following a determination that the charges have
been proven by substantial evidence, may impose the following penalties:
(1) Issuance of an official reprimand and warning letter, a copy of which shall be
retained by the Board and considered in connection with future applications for
licensure, registration and/or renewal.
(2) Imposition of a civil penalty in an amount authorized by resolution of the Putnam
County Legislature, but not to exceed $5,000 for each violation of this chapter.
(3) Revocation/suspension. The Board, in its judgment as to the seriousness of the
charge(s), may suspend or revoke the license or registration of any licensee or
registrant who, at a duly called hearing, has been found guilty by substantial
evidence. Additionally, the Board may suspend or revoke the license or registration
of any licensee or registrant who has been convicted of a crime by a court of
competent jurisdiction where there is a direct relationship between the crime and the
specific license/registration sought; or, if the issuance and/or holding of the
license/registration would involve an unreasonable risk to property or to the safety
or welfare of specific individuals or to the general public.
D. Litigation costs. In the event the County is required to institute legal proceedings to
collect any portion of a fine or penalty imposed upon a person under this chapter,
the County shall be entitled to recover from the person any and all associated costs
thereof, including attorney’s fees and interest on any unpaid fine or penalty
calculated at the statutory rate.
§ 190-23 Criminal penalties.
The Board may refer any matter that it suspects may constitute a criminal offense to the
County Sheriff’s Office or to other appropriate law enforcement authority for further
review.
A. In addition to any civil penalties that may be imposed pursuant to this chapter, it
shall be a Class A misdemeanor, as defined in New York State Penal Law,
punishable by a term of imprisonment not exceeding one year and a fine not
exceeding $1,000, to directly or indirectly engage in or work at the business of
master plumber or licensed or certified mechanical tradesperson, as provided for
herein, in the County of Putnam without the applicable license or certificate or while
his or her license or certificate is suspended or revoked.
B. This section shall be enforced by the Putnam County Sheriff’s Department. Arrests
made pursuant to this section shall be made by a police officer or a peace officer
acting under his or her special duties.
§ 190-24 Immunity.
Nothing set forth in this chapter shall subject the County of Putnam, its officers, agents
or employees, including the Board and the Compliance Enforcement Officer, to any
liability for damages arising out of or related to the conduct of any person licensed by
the County of Putnam.
§ 190-25 Insurance and bonding.
[Amended 12-2-2014 by L.L. No. 13-2014]
A. Prior to the issuance of any license, registration, permit or renewal thereof, the
applicant must provide the Board with the following proofs of insurance and
bonding information, as follows:
(1) A license/permit bond in the amount of $25,000 (twenty-five thousand dollars);
(2) Workers’ compensation insurance for all employees; and
(3) General liability insurance of at least $1,000,000 (one million dollars) per occurrence
and $2,000,000 (two million dollars) in the aggregate.
B. All insurance policies shall contain a provision of continued liability and name
Putnam County as an additional insured and certificate holder.
C. All bonds shall contain a provision identifying Putnam County as an obligee.
Notwithstanding the foregoing, any payment issued on behalf of a claim for an
aggrieved individual or company, shall be paid directly to said individual or
company by the bond company.
D. Any licensed or registered contractor who has completed the appropriate “no
employee” affidavit (Form CE 200) and is found in violation of the workers’
compensation waiver shall be subjected to a civil penalty as provided for in this
chapter.
§ 190-26 Provisions not subject to waiver.
The provisions of this chapter are intended for the protection of an owner and shall not
be subject to waiver by an owner in a contract for plumbing or mechanical trades work or
otherwise.
§ 190-27 Severability.
If any part or provision of this chapter or the application thereof to any person or
circumstance be adjudged invalid by any court of competent jurisdiction, such judgment
shall be confined in its operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered and shall not affect
or impair the validity of the remainder of this chapter or the application thereof to other
persons or circumstances. The County of Putnam hereby declares that it would have
passed this chapter or the remainder thereof had such invalid application or invalid
provision been apparent.
§ 190-28 Repealer.
All ordinances, local laws and parts thereof inconsistent with this chapter are hereby
repealed; provided, however, that such repeal shall not affect or impair any act done or
right accruing, accrued or acquired, or penalty, charge, liability, forfeiture or punishment
incurred or owing prior to the time such repeal takes effect, but the same may be
enjoyed, asserted, collected, enforced, prosecuted or inflicted as fully and to the same
extent as if such repeal had not been effected. All actions and proceedings, civil or
criminal, commenced under or by virtue of any provision of any County of Putnam local
law, ordinance or resolution so repealed, and pending immediately prior to the taking
effect of such repeal, may be prosecuted and defended to final effect in the same manner
as they might if such provisions were not so repealed.
Section 2.
This Local Law shall take effect immediately upon filing with the New York Secretary of
State.