The URL can be used to link to this page

Home My WebLink AboutPD-251-89✓'f 1� TOWN OF NEWCASTLE REPORT File # /o.IZ Res. # By -Law # A - /' General Purpose and Administration Committee Monday, October 2, 1989 PD- 251 -89 FILE ##: BY -LAW TO LICENSE AND REGULATE PLUMBING AND DRAIN CONTRACTORS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -251 -89 be received; 2. THAT the attached By -law be approved. 1. BACKGROUND: 1.1 The Town of Newcastle does not have a licensing by -law for Plumbers Drain Contractors and is perhaps the only municipality along the lakeshore without such regulations. Contractors come into Town perform work and on occasion never have it inspected. If there are problems staff must deal with the property owner to have deficiencies corrected. 2. COMMENT: In order to maintain quality and standards of workmanship with a PAGE 2 safeguarding life, health and property, Staff have prepared a by- law to license plumbing and drain contractors. This will impose certain legal responsibilities on the contractors, such as calling for inspections. It will also protect property owners from those contractors who do work less than plumbing code requirements and leave the owner with a task of bringing the work into compliance. 3. RECOMMENDATION: Staff hereby recommend approval of the atached by -law to Council. Respectfully submitted `. Franklin Wu, M.C.I.P. Director of Planning and Development HGW *FW *bb *Attach September 22, 1989 Recommended for presentation L wrenceEY. Kotseff Chief AdmNnistrative Officer �) 4 J J THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW NUMBER 89- being a By -law respecting the Licensing and Regulation of plumbing contractors, master plumbers, journeyman plumbers and drain contractors. WHEREAS Section 12 of the Municipal Act, R.S.O. 1980, Chapter 302 as amended, empowers Council to pass by -laws respecting the Licensing and Regulating and governing plumbing contractors, master plumbers and journeyman plumbers. NOW THEREFORE, The Corporation of the Town of Newcastle enacts as follows: Section 1 SHORT TITLE 1.1 Plumbing Licensing By -law Section 2 DEFINITIONS "applicant" includes a person seeking a licence, or renewal of a licence or a person whose license is being considered for revocation or suspension. "Building Drain and Building Sewer" shall have the same meaning as defined in the Plumbing Code. "Drain Contractor" means a person who is skilled in the planning, superintending and installing of building drains and building sewers, is familiar with the laws, rules and regulations governing same, has a placce of business in Ontario and who himself or by drain layers under his supervision installs building drains and building sewers, building storm drains and building storm sewers in trenches. "Master Plumber" means a person who is skilled in the planning, superintending and installing of plumbing, has a current certificate of qualification as a journeyman plumber issued by the Ministry of Labour, is familiar with laws, rules and regulations governing plumbing, has a regular place of business in Ontario and who himself or by journeyman plumbers and apprentice plumbers under his supervision perform plumbing work. "Plumbing Code" means plumbing regulations made under the Ontario Water Resources act. "trade" includes business, calling or occupation and carrying on a trade shall include any act of (a) selling any goods or services (b) soliciting business or offering or exposing goods or sewers for sale or hire Section 3 PROCEDURE 3.1 For every trade set out in Schedule "A" of this by -law, there shall be taken out by every person carrying on such trade a licence, from the Town authorizing him to carry on his trade and no person shall either directly or indirectly carry on a trade either for profit or not for which a licence is required by this by -law without having first obtained a licence therefore. .s 599 3: 3.2 An application for a licence or renewal of a licence shall be made at the office of the Plumbing Inspector on the form prescribed and the Plumbing Inspector may prescribe any information to be given therein and other necessary papers to be completed or submitted by the applicant in conjunction with his application. 3.3 Except as otherwise provided, licences shall be issued for aperiod of 1 year and shall come into effect on January 1 of each calendar year and expire on December 31. 3.4 If the facts and conditions are the same the Plumbing Inspector may issue a new licence. 3.5 A duplicate licence may be issued by the Plumbing Inspector to replace any licence previously issued which has been lost, stolen or destroyed, upon written application by the licensee and payment of a fee of ten dollars. 3.6 A partnership, corporation, association or combination thereof shall be considered as a single applicant for any one trade at one place of business. 3.7 On any application by a partnership, the licence shall be issued in one name only but the names and addresses of all other parties shall be listed on the application. 3.8 Any application by a corporation shall contain the names and addresses of the offices of the corporation. 3.9 A change in composition of a partnership, or in the offices of a corporation shall be reported to the Plumbing Inspector within 15 days. 3.10 Every change of mailing address or telephone number of any person licenced under this by -law shall be reported to the Plumbing Inspector within 15 days. 3.11 No licence shall be transferred.or assigned. 3.12 No person licensed to carry on a trade under this by -law shall advertise or carry on such trade under any other name than the one endorsed on his licence. Section 4 FEES 4.1 The fee for obtaining a licence or renewal of a licence shall be as set out in Schedule "A" of this by -law. No fee is refundable except if the licence is revoked in which case the licensee is entitled to a refund of a part of the licence fee proportionate to the unexpired part of the term for which it was granted. Section 5 SCHEDULES 5.1 Every person applying for or holding a licence under this by -law shall be subject to all relevent regulations contained in the schedules hereinafter set out and such schedules form part of this by -law. 599 35 Section 6 PENALTIES 6.1 Every person who contravenes any of the provisions of this by -law is guilty of an offence and upon conviction is liable to a fine of not more than Two Thousand Dollars ($2,000.00) exclusive of costs, for each offence. This By -law shall come into effect on January 1, 1990. BY -LAW read a first time this day of 1989 BY -LAW read a second time this day of 1989 BY -LAW read a third time and finally passed this day of 1989. MAYOR CLERK 5y9 36 SCHEDULE "A" TO BY -LAW 89- Trade Licence Fee Regulations Master Plumber $25.001 See Schedule "B" Drain Contractor $25.00 See Schedule "C" 599 3 7. SCHEDULE "B" TO BY -LAW 89- 1. The provisions of this by -law shall not apply to and nothing herein shall be construed as governing or affecting the rights of the Town or The Corporation of the Regional Municipality of Durham or any department thereof or any agent or servant therof who, in the course of his employment,'does any plumbing work or drain laying work including the installation and maintenance of meters, mains and sewers, together with all necessary connections and fittings. 2. No licence shall be issued to a firm or corporation, but only to the person or persons qualified under this by -law, being a member or members of any such firm or an officer or officers of such corporation for such purpose. Any person holding a license as a member of any such —.0, firm or as an officer of any such corporation shall be required to obtain a new license upon severing his connection with any such partnership or corporation, if he intends to carry on as a master plumber. 3. All master plumbers shall be held responsible for the acts of their agents or employees with respect to plumbing, water systems, drainage and sanitary sewer matters with which they are involved. 4. Regulations pursuant to the Apprenticeship and Tradesmen's Qualification Act shall be observed. I i I i I 599 38:. SCHEDULE "C" To BY -LAW 89- 1. The provisions of this by -law shall not apply to and nothing herein shall be construed as governing or affecting the rights of the Town or The Corporation of the Regional Municipality of Durham or any department thereof or any agent or servant thereof who, in the course of his employment, does drain laying work or work which might be construed as being drain laying work including the installation and maintenance of meters, mains and sewers, together with all necessary connections and fittings. 2. No license shall be issued to a firm or corporation, but only to the person or persons qualified under this by -law, being a member or members of any such firm or an officer or officers of such corporation for such purpose. Any person holding a license as a member of any such firm or as an officer to any such corporation shall be required to obtain a new license upon severing his connection with any such partnership or corporation, if he intends to carry on as a drain contractor. 3. All drain contractors shall be held responsible for the acts of their agents or employees with respect to plumbing, water systems, drainage and sanitary sewer matters with whcih they are involved. 4. Regulations pursuant to the Apprenticeship and Tradesmen's Qualification Act shall be observed. X99 39,-