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HomeMy WebLinkAboutTIV 91 022 license of drain lay THE CORPORATION OF THE VILLAGE OF TIVERTON BY-LAW NO. 1991-22 A By-law to provide for the Licensing of Drain Layers and Drain Contractors. WHEREAS the Municipal Act, R.S.O. 1980, Chapter 302, subsection 232(3) provides that by-laws may be passed for licensing, regulating and governing drain contractors, drain layers and persons who install septic tanks or repair or reconstruct drains, remove tree roots or other obstructions from drains and private drain connections by mechanical or other means, and for revoking any such license; and WHERAS the Council of the Village of Tiverton (the "Municipality") deems it advisable to provide the licensing of drain layers and drain contractors; . NOW THEREFORE, THE COUNCIL OF THE MUNICIPALITY ENACTS AS FOLLWS: In this by-law: (a) "Building Inspector" or "Plumbing Inspector" means the Building or Plumbing Inspector appointed by the Municipality by by-laws from time to time. 1. (b) "Crew" means a drain laying crew consisting of a drain layer as defined in clause l(d) of this by-law who has obtained a license under section 10, 11 or 12 of this by-law, and this crew may also be composed of any necessary equipment and men required for drain laying, but shall have no more than one backhoe. (c) (d) 2. 3. 4. 5. 6. (a) . (b) (c) (d) (e) (f) 7. 8. "Drain Contractor" means a person engaged in the business of laying drains and sewers and may include a company, firm, association, partnership, corporation, society or other group. "Drain Layer" means a person who lays drains and sewers or who repairs or reconstructs drains and sewers, removes tree roots or other obstructio~ from drains and private drain connections by mechanical or other means. This by-law does not apply to the laying of building drains as defined in the Plumbing Code, drains laid under the Drainage Act or drains laid by a person who is the owner and occupant of the residential property on which the drain is being laid. Subject to section 2, no person other than a person licensed as a Drain Layer under this by-law shall lay drains. Subject to Section 2, no person who is not licensed as a Drain Contractor under this by-la~ shall engage in the business of laying drains. No Drain Contractor shall engage in the laying of drains except by means of a Crew. An applicant for a Drain Contractor's license shall provide the Municipal Clerk ~ith satisfactory evidence that the applicant has insurance coveragE as follows: Minimum comprehensive liability of PL&PD insurance coverage of $1,000,000; Confirmation that his insurance is in good standing; Insurance policy number; Insurance expiry date; Insurance agent's name, address and telephone number; and Clearance certificate from the Workers I Compensation Board. No Drain Layer shall lay drains unless he is also licensed as a Drain Contractor or is employed by a Drain Contractor. An applicant for a Drain Layer's License shall satisfy the (Building Inspector) (Plumbing Inspector) that the applicant is (a) experienced in the laying of drains and has laid at least three drains successfully within the Municipality within the previous three years, and (b) conversant with the rules and regulations respecting the laying of drains. 9. An applicant for a Drain Contractor's license who pays the fee established by this by-law and provides evidence that he meets the requirements set out in section 6 shall be issued a license as a Drain Contractor. 10.. An applicant for a Drain Layer's license who pays the fee established by this by-law and meets the requirements set out in section 8 shall be issued a license as a Drain Layer; 11. A person who meets the requirements of both sections 9 and 10 shall be issued a license as a Drain Layer and Drain Contractor. .12. (1) An applicant for a Drain Layers License who pays the fee established by this by-law and does not present evidence that he meets the requirements set out in clause 8(a) but is able to satisfy the Inspector referred to in section 8 that he should be able to provide such evidence may be issued a license as a Temporary Drain Layer to give the applicant an opportunity to satisfy the requirements of clause 8(a). (2) The holder of a license as a Temporary Drain Layer or a Drain Contractor employing the holder of a Temporary Drain Layer license shall not engage in the laying of more then three drains under the Temporary Drain Layer license. 13. (1) Every license issued under this by-law shall expire on December 31 in each year. (2) A license issued under this by-law may be renewed prior to its expiry date. 14. (1) Any license issued under this by-law may be revoked by the Council of the Municipality upon the recommendation of the Building Inspector or the Plumbing Inspector. (2) Any license of a Drain Contractor issued under this by-law is automatically revoked should the licensee cease to have the insurance coverage described in section 6. 15. Each Drain Layer and Drain Contractor shall be responsible for all work done by workmen under his supervision. 16. (1) Subject to subsection 2 and 3, fees for licenses hereunder are: (a) Drain Contractor (b) Drain Layer (c) Temporary Drain Layer (d) Drain Contractor and Drain Layer (e) Drain Contractor and Temporary Drain Layer $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 (2) There shall be no fee for converting an unexpired Temporary license to a permanent license. . (3) The fee for the renewal of an unexpired license which is applied for as a renewal license before the expiry of the previous license is $ 25.00 (4) No fees are refundable. L7. The Clerk of the Municipality shall issue all licenses in accordance with the provisions of the by-law. 18. Any person who violates any prov>s>ons of this by-law shall incur a penalty of not more than TWO THOUSAND DOLLARS ($2,000.00) for each offence, exclusive of costs, and all such penalties shall be recoverable under the Provincial Offences Act. 19.. This by-law shall come into force and take effect immediately upon the final passing thereof. READ A FIRST AND SECOND TIME this lith day of June , 1991. ~ , !- - Reeve 8-JJUJ~~ 4IÞ. READ A THIRD TIME and finally passed this 11th day of June , 1991. ~ Reeve ~~ .