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
~~
.