COMMITTEE ON LEGISLATION
MINUTES: FEBRUARY 22, 2005
MEMBERS: Chair: Martin Rogowsky; Legislators: Pinto, Stewart-Cousins
IN ATTENDANCE IN BOL: Michael Davis, Betsy Desoye; CE: Kevin Ryan; Law: Liz; IMPW: Jim Deinaria, Mario Bruni, Peter Miller, Pat Samenta, Marc Oxman, Elyse Jaeger, Richard Spano; Plumbing Board: Mark Courtien; Plumbers & Steamfitters Local 21: Tony Ucci, Albert DePaul; PMCA Hudson Valley: Patricia Ploeger
Chair Rogowsky called the meeting to order at 1:17 P.M.
Chair Rogowsky invited Mr. Marc Oxman to explain issues his clients feel need to be raised regarding rule 10 of the plumbers licensing law.
Independent Master Plumbers of Westchester (IMPW) have issues with the plumbing regulations that they would like to outline. They believe there are certain provisions in the code that prevent them from providing their necessary service.
Mario Bruni was recognized by the committee to present IMPW’s opinion on the law. IMPW feels that the scope of the plumbing licensing board has exceeded its authority, and controls are needed. They feel strongly that the rates of apprentices to journeymen are to limiting. The licensing of journeyman plumbers is flawed because it is only required of the plumbing trade and no other trade, which raises the cost of plumbing services which is transferred to the consumer. This law created registration and fees, and a test that must be taken in order to qualify as a journeyman plumber, this limits the number of people that may be utilized as a journeyman. If one is not a journeyman a plumber cannot work alone.
The IMPW feel that the board controls the plumbing trade as a whole rather than merely licensing, they would like to see some limits placed on the board. They also feel that there should be uniformity within the trades between plumbing and electric workers etc.
A brief discussion regarding the presentation followed. Legislator Stewart-Cousins inquired if there was an appeals process for a fine or a license revocation. The chairman of the pluming board, Mark Courtien, responded that there is an appeal process, and a case is appealed to the members of the board themselves. On a consumer complaint side the board of consumer affairs deals with these complaints on the whole. The board of plumbing examiners deals primarily with license revocation.
The IMPW also feels that the composition of the board misrepresents the plumbers, currently there is a non-written agreement that 2 master plumbers from the union should be represented and 1 from the non-union.
It was decided that Legislator Pinto would take up the issue of the composition of the plumbing board in the COD committee.
The committee recognized Tony Ucci from the plumbers union. Mr. Ucci responded to Mr. Bruni’s presentation stating that there is no written rule regarding ratio for journeyman to apprentice. The union is not covered under the law and the union has greater flexibility because of that fact. The feeling of the union is that apprentices need to be trained on a daily basis when they are on the job.
Chair Rogowsky noted his concern regarding the courts interpretation of rule 10, in that it seems to be in conflict with the original intent of the Board’s legislation.
The Committee recognized Pat Ploeger Executive Director of the Plumbing & Mechanical Contractors Assc. Based on her knowledge there was no mention of working with or examining the other trades, this law was designed only for the plumbing trade. She suggested checking with the County Licensing division to do a comparison between violations of electricians and plumbers.
Chair Rogowosky expressed concerns over the Journeyman test after 5 years, and why this test was necessary as a further block to obtaining journeyman certification.
It was decided that there would be a future meeting on this subject in order to further explore these issues.
Motion to adjourn By Legislator Stewart-Cousins, Second by Legislator Pinto 2:35 P.M.
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