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privileges under a contract therefor. It may also acquire real or personal property for library purposes by gift, grant, devise or condemnation, and may take, buy, sell, hold and transfer either real or personal property and administer the same for public library purposes. By majority vote at any election any municipality or district or by three-fourths vote of its council, any city may accept gifts, grants, devises or bequests for public library purposes on condition that a specified annual appropriation shall thereafter be made for maintenance of such library or libraries. Such acceptance, when approved by the regents of the university under seal and recorded in its book of charters, and in a school not subject to their visitation when approved by the state superintendent of public instruction, shall be a binding contract, and such municipality and district shall levy and collect yearly the amount provided in the manner prescribed for other taxes. [As amended by L. 1895, ch. 859, and L. 1902, ch. 185.]
$ 37. Subsidies.-By similar vote money may be granted towards the support of libraries not owned by the public, but maintained for its welfare and free use; provided, that such libraries shall be subject to the inspection of the regents and registered by them as maintaining a proper standard, that the regents shall certify what number of the books circulated are of such character as to merit a grant of public money and that the amount granted yearly to libraries on the basis of circulation shall not exceed ten cents for each volume of the circulation thus certified by the regents; and provided that the trustees of any institution supported under this chapter by public money, in whole or in part, may, so far as consistent with free use by the public at reasonable or specified hours, close any of its museum collections at certain other hours, for study, to meet the demands of special students or for exhibition purposes, and may charge an admission fee at such hours, provided that all receipts from such fees shall be paid into the treasury and be used for the maintenance or enlargement of the institution. [As amended by L. 1900, ch. 481.]
§ 50. Apportionment of public library money.-Such sum as shall have been appropriated by the legislature as public library money shall be paid annually by the treasurer, on the warrant of the comptroller from the income of the United States deposit fund, according to an apportionment to be made for the benefit of free libraries by the regents in accordance with their rules and authenticated by their seal; provided that none of this money shall be spent for books except those approved or selected and furnished by the regents; that no locality shall share in the apportionment unless it shall raise and use for the same purpose not less than an equal amount from taxation or other local sources; and that for any part of the apportionment not payable directly to the library trustees the regents shall file with the comptroller proper vouchers showing that it has been spent in accordance with law exclusively for books for free libraries or for proper expenses incurred for their benefit; and that books paid for by the state shall be subject to return to the regents whenever the library shall neglect or refuse to conform to the ordinances under which it secured them.
LICENSING OF TRADES.* Examination and Licensing of Plumbers in Cities. LAWS OF 1900, CHAPTER 327, BEING THE GENERAL CITY LAW AND CON
STITUTING CHAPTER XXII OF TIIE GENERAL LAWS.
Plumbing and Drainage.
Section 40. Examining boards of plumbers in cities,
41. Term of office; vacancies.
§ 40. Examining boards of plumbers in cities.—The existing boards for the examination of plumbers in cities of this state are continued and each shall hereafter be known as the examining board of plumbers. Such board in each city shall continue to consist of five persons to be appointed by the mayor, of whom two shall be employing or master plumbers of not less than ten years' experience in the business of plumbing, and one shall be a journeyman plumber of like experience, and the other members of such board shall be the chief inspector of plumbing and drainage of the board of health of such city, or officer performing the duties of such inspector, and the chief engineer having charge of sewers in such city, but in the event of there being no such officers in such city, then any two other officers having charge or supervision of the plumbing, drainage or sewerage, whom the mayor shall designate or appoint, or two members of the board of health of such city having like duties or acting in like capacities.
$ 41. Term of office; vacancies.--The term of office of each member of such board shall be three years, from the first day of January following his appointment. Vacancies occurring by expiration of a term shall be filled by the mayor for a full term. Vacancies by death, removal, inability to act, resignation or removal from the city of any member shall be filled by him for the unexpired term. The chief inspector of plumbing and
*The only local laws included under this heading are those applying to New York City. For the liceusing of horseshoers, see article XII of the Labor Law.
drainage and the engineer in charge of sewers or the officers holding equivalent positions or acting in like capacities designated or appointed by the mayor as herein provided, shall be ex officio members of such examining board, and when they shall cease to hold their offices by reason or on account of which they were so designated or appointed, their successors shall act on the examining board in their stead.
$ 42. Compensation of members of board.—The master and journeymen plumbers serving as members of such board shall severally be paid the rate of five dollars per day for each day's service when actually engaged in the performance of the duties pertaining to the office; but such compensation shall not exceed five dollars per month in a city of the third class, nor the sum of ten dollars per month in a city of the second class, nor the sum of twenty dollars per month in a city of the first class. It shall be the duty of such ex officio members of the board of examiners to discharge their duties as members of such board without compensation therefor.
8 43. Qualifications.-All members of such board shall be citizens and actual residents of the cities in which they are appointed.
§ 44. Powers and duties.—The several examining boards of plumbers shall have power and it shall be their duty:
1. To meet at stated intervals in their respective cities; they shall also meet whenever the board of health of such city or the mayor thereof shall in writing request them so to do.
2. To have jurisdiction over and to examine all persons desiring or intending to engage in the trade, business or calling of plumbing as employing plumbers in the city in which such board shall be appointed, with the power of examining persons applying for certificates of competency as such employing or master plumbers or as inspectors of plumbing to determine their fitness and qualifications for conducting the business of master plumbers or to act as inspectors of plumbing, and to issue certificates of competency to all such persons who shall have passed a satisfactory examination before such board and shall be by it determined to be qualified for conducting the business as employing or master plumbers or competent to act as inspectors of plumbing.
3. To formulate, in conjunction with the local board of health of the city, or an officer, board or body performing the duties of a board of health, a code of rules regulating the work of plumbing and drainage in such city, including the materials, workmanship and manner of executing such work, and from time to time to add to, amend or alter the same.
4. To charge and collect from each person applying for examination the sum of five dollars for each examination made by such board, and all moneys so collected shall be paid over by the board monthly to the chamberlain or treasurer of such city in which said board shall be appointed.
§ 45. Examinations; conducting business without certificate prohibited.-A person desiring or intending to conduct the trade, business or calling of a plumber or of plumbing in a city of this state as employing or master plumber shall be required to submit to an examination before such examining board of plumbers as to his experience and qualifications for such trade, business or calling; and it shall not be lawful in any city of this state for a person to conduct such trade, business or calling unless
he shall have first obtained a certificate of competency from such board of the city in which he conducts or proposes to conduct such business.
$ 46. Registration, when required.--Every employing or master plumber carrying on his trade, business or calling in any city of this state, shall register his name and address at the office of the board of health of the city in which he shall conduct such business, under such rules as the respective boards of health of each of the cities shall prescribe, and thereupon he shall be entitled to receive a certificate of such registration; provided, however, that such employing or master plumber shall at the time of applying for such registration hold a certificate of competency from an examining board of plumbers.
§ 47. Cancellation of registration; notice.--Such registration may be canceled by such board of health for a violation of the rules and regulations for the plumbing and drainage of such city duly adopted and enforced therein, after a hearing had before such board of health and upon a prior notice of not less than ten days, stating the ground of complaint and served upon the person charged with the violation, but such revocation shall not be operative unless concurred in by the local board of examiners. It shall not be lawful for any person to engage in or carry on the trade, business or calling of an employing or master plumber in any of the cities of this state, unless his naine and address shall have been registered in the city in which he carries on or conducts such business.
§ 48. Inspectors; qualifications; notice.—The local board of health or the commissioner or commissioners of the board of health, or the health department thereof, as the case may be, shall detail, designate or appoint an inspector or inspectors of plumbing, subject, however, to the provisions or limitations of law regulating the appointment of such inspectors by such commissioner or commissioners or board or department of health of such city. All inspectors of plumbing who are detailed, designated or appointed, shall be practical plumbers and shall not be engaged directly or indirectly in the business of plumbing during the period of their appointment. They shall be citizens and actual residents of the city in which they are appointed, and before entering upon the discharge of their duties as such inspectors they shall each be required to obtain a certificate of competency from said examining board. They shall be entitled to receive compensation not exceeding five dollars per day for each day of actual service, to be fixed by the board, commissioner or department making such appointment.
§ 49. Duties of inspectors; reports.--The inspector or inspectors of plumbing appointed under the provisions of the preceding sections, in addition to the duties prescribed by law and those which may be enjoined or required by the commissioner of health, the board of health or the health department of the city, in which they shall be appointed,* shall be to inspect the construction and alteration of all plumbing work performed in such city, and to report in writing the results of such inspection to such commissioner of health, or the board of health or the health department of their respective cities. They shall also report in like manner any person engaged in or carryirg on the business of employing plumber, without having the certificate hereinbefore provided.
*So in original.
$ 50. Expiration and renewals of certificates and licenses.-All certificates of registration issued under the provisions of the preceding sections and all licenses authorizing connections with street sewers, or water mains shall expire on the thirty-first day of December of the year in which they shall be issued, and may be renewed within thirty days preceding such expiration, such renewals to be for one year from the first day of January in each year.
$ 51. Notice of violation of rules.— Whenever any inspector or other person reports a violation of any of such rules and regulations for plumbing and drainage, or a deviation from any officially approved plan or specification for plumbing and drainage filed with any board or departinent, the local board of health shall first serve a notice of the violation thereof upon the master plumber doing the work, if a registered plumber.
$ 52. Notice, how served; proceedings when violations not removed.— Such notice may be served personally or by mail, and if by mail it may be addressed to such master plumber at the address registered by him with such local board of health, but the failure of a master plumber to register will relieve any board of health from the requirement of giving notice of violation. Unless the violation is removed within three days after the day of serving or mailing such notice, exclusive of the day of serving or mailing, the board of health may proceed according to law.
$ 53. Plumbing and drainage to be executed according to rules.—The plumbing and drainage of all buildings, both public and private, in each of the cities of this state, shall be executed in accordance with the rules and regulations adopted by the local board of examining plumbers in conjunction with the board of health for plumbing and drainage; and all repairs and alterations in the plumbing and the drainage of all buildings heretofore constructed shall also be executed in accordance with such rules and regulations, but this section shall not be construed to repeal any existing provisions of law requiring plans for the plumbing and drainage of new buildings to be filed with any local board of health, and be previously approved in writing by such board of health, and be executed in accordance therewith, except that in case of any conflict with such plans, rules and regulations of the board of examiners, the latter shall govern.
§ 54. Office room; expenses a city charge.—Each of such examining boards of plumbers shall have power to procure suitable quarters for the transaction of business, to provide the necessary books and stationery, and to employ a clerk to keep such books and record the transactions of such board. The board of estimate and apportionment or the common council of the city as the case may be shall annually insert in their tax levy a sufficient sum to meet all the expenditures incurred under the provisions of this article. The expenses incurred by the several examining boards of plumbers in the execution and performance of the duties imposed by this article shall be a charge upon the respective cities and shall be audited, levied, collected and paid in the same manner as other city charges are audited, levied, collected and paid.
$ 55. Violations, how punished.--Any person violating any of the provisions of this article, or any rules or regulations of the board of health or of the examining board of plumbers in any city regulating the plumbing and drainage of buildings in such city, shall be guilty of a misde