THE VOICE OF THE LICENSED MASTER PLUMBER€¦ · selecting the right people in managerial positions...

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THE VOICE OF THE LICENSED MASTER PLUMBER SUMMER 2020 MESSAGE FROM THE EXECUTIVE BOARD: It has been a while since we have published an issue of the Voice. Over the past few months, we have seen one change after another. How do you operate your business? What procedures do you follow? Will the government step up and lead? Well, the good news is that one government agency has stepped up for our industry during the pandemic. That agency is the DOB. When Commissioner Melanie E. La Rocca assumed the leadership role over the DOB, she implemented a policy of maintaining a strong dialogue with the industry. That strategic vision to operate the agency in this manner has made all the difference during this crisis and has put the industry in a much better place today. When the MPC has a question or concern about a policy or procedure we ask it. The DOB evaluates and responds and, at times, has adjusted policies and procedures as a result. Effective leadership requires selecting the right people in managerial positions to bring your vision to fruition. During this crisis one person has stood out to make sure that if there was an industry concern, it was addressed properly. The Executive Board would like to personally thank Patrick Wehle for all of his efforts to help to communicate with industry and assist in navigating new rules and regulations that the DOB has set in place during this pandemic. Patrick is the Department of Buildings Assistant Commissioner for Strategic Policy & Industry Relations. This position was created by the Commissioner and Patrick was the perfect person chosen to operate it. Along with his colleague Izabella Vais, Industry Engagement Advisor, they have provided dozens of updates and Service Notices to the industry. Over the past four months there have been many emails flowing from the MPC to the DOB. Patrick and Izabella have been there every day to provide answers and, better yet, solutions to industry issues. To survive and keep your business viable during this pandemic, you need timely information to help you make educated decisions and minimize risk. It seems like a business owner almost needs to have a full time person to keep up with all of the changes. Since most of us operate a business with fewer than 10 employees, that is pretty much impossible to do. That’s where we can help. The MPC exists to inform, educate, and take action to help members. What does a plumber need to know? Our Committee Members have pretty much summed that up and, in honor of Yogi Berra, offer the following Yogism: “it’s what you don’t know that you need to know; that you really need to know”. A perfect example of this is the compliance for COVID-19. A $5,000 fine from DOB could end up being a lower cost penalty than mishandling personal employee information. For COVID compliance, we are all in the same boat. No one has liability insurance for the spread of a communicable disease. Do you have employee insurance to cover mishandling of personnel information or possible harassment claims? In this issue we have an in depth article about compliance and some DOB FAQs about compliance. Another article shows you how to obtain a DEP meter or break seal permit. This was made possible when the Executive Board directed our DEP Committee to work with the DEP and try to come up with a solution. With the help of DEP officials, they did just that. There is a lot more information that we will be bringing to the industry over the next few months. We believe it is important that we provide this information to the industry. If you believe it is important for your business to have the most up to date information to keep your business compliant and have a place to go to get a Code or technical question reviewed, then you should consider joining the MPC. An investment in membership is an investment in your industry click here to join. The Plumber Protects the Health of the Naon. The Master Plumbers Council informs, educates, and takes acon, so you can do your job.

Transcript of THE VOICE OF THE LICENSED MASTER PLUMBER€¦ · selecting the right people in managerial positions...

Page 1: THE VOICE OF THE LICENSED MASTER PLUMBER€¦ · selecting the right people in managerial positions to bring your vision to fruition. ... We wish all the best to these students in

THE VOICE OF THE LICENSED MASTER PLUMBER

SUMMER 2020

MESSAGE FROM THE EXECUTIVE BOARD:It has been a while since we have published an issue of the Voice. Over the past few months, we have seen one change after another. How do you operate your business? What procedures do you follow? Will the government step up and lead? Well, the good news is that one government agency has stepped up for our industry during the pandemic. That agency is the DOB.

When Commissioner Melanie E. La Rocca assumed the leadership role over the DOB, she implemented a policy of maintaining a strong dialogue with the industry. That strategic vision to operate the agency in this manner has made all the difference during this crisis and has put the industry in a much better place today.

When the MPC has a question or concern about a policy or procedure we ask it. The DOB evaluates and responds and, at times, has adjusted policies and procedures as a result. Effective leadership requires selecting the right people in managerial positions to bring your vision to fruition. During this crisis one person has stood out to make sure that if there was an industry concern, it was addressed properly.

The Executive Board would like to personally thank Patrick Wehle for all of his efforts to help to communicate with industry and assist in navigating new rules and regulations that the DOB has set in place during this pandemic. Patrick is the Department of Buildings Assistant Commissioner for Strategic Policy & Industry Relations. This position was created by the Commissioner and Patrick was the perfect person chosen to operate it. Along with his colleague Izabella Vais, Industry Engagement Advisor, they have provided dozens of updates and Service Notices to the industry. Over the past four months there have been many emails flowing from the MPC to the DOB. Patrick and Izabella have been there every day to provide answers and, better yet, solutions to industry issues.

To survive and keep your business viable during this pandemic, you need timely information to help you make educated decisions and minimize risk. It seems like a business owner almost needs to have a full time person to keep up with all of the changes. Since most of us operate a business with fewer than 10 employees, that is pretty much impossible to do. That’s where we can help.

The MPC exists to inform, educate, and take action to help members. What does a plumber need to know? Our Committee Members have pretty much summed that up and, in honor of Yogi Berra, offer the following Yogism: “it’s what you don’t know that you need to know; that you really need to know”.

A perfect example of this is the compliance for COVID-19. A $5,000 fine from DOB could end up being a lower cost penalty than mishandling personal employee information. For COVID compliance, we are all in the same boat. No one has liability insurance for the spread of a communicable disease. Do you have employee insurance to cover mishandling of personnel information or possible harassment claims? In this issue we have an in depth article about compliance and some DOB FAQs about compliance.

Another article shows you how to obtain a DEP meter or break seal permit. This was made possible when the Executive Board directed our DEP Committee to work with the DEP and try to come up with a solution. With the help of DEP officials, they did just that.

There is a lot more information that we will be bringing to the industry over the next few months. We believe it is important that we provide this information to the industry. If you believe it is important for your business to have the most up to date information to keep your business compliant and have a place to go to get a Code or technical question reviewed, then you should consider joining the MPC. An investment in membership is an investment in your industry click here to join.

The Plumber Protects the Health of the Nation.The Master Plumbers Council informs, educates, and takes action, so you can do your job.

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COPPER TUBE CONTINUES ITS ROLLER COASTER RIDE!July 2020 marked the 6th time copper tube has changed this year. Who is taking care of your copper tube pricing? IMPORTANT: Most list price changes were accompanied by a multiplier change. Please verify your pricing and multipliers.

ASSOCIATION & INDUSTRY UPDATES:

2020 MASTER PLUMBERS COUNCIL SCHOLARSHIP PROGRAMThe Master Plumbers Council is proud to announce that it has awarded seven worthy students with scholarships! It is in times like these that it is imperative to support our community and what better way than to further the education of young people! We wish all the best to these students in their educational endeavors. Thank you to all who applied! We look forward to next year’s program!

Scholarship Winners:

• Stephanie Billharz, Billharz Plumbing Inc.

• Noah Shane Gitli, Aladdin Plumbing & Heating Corp.

• Emily Hernandez, Sanitary Plumbing & Heating Corp.

• Isabel Kwiatkowski, McCready and Rice Plumbing Inc.

• Sydney Lundin, Kew Forest Plumbing and Heating

• Nailah Mohamed, Skinner Plumbing

• Stephanie Xikes, Skinner Plumbing

SUNY EMPIRE STATE COLLEGE/CTLTC 7-HOUR LICENSE RENEWAL COURSEThe 7-hour Construction Trades Licensing Training Course will be conducted online for the remainder of 2020. The course will be held over 2 consecutive days, instead of the usual 7-hour 1 day course. Registration for this course is capped at 25 participants per course date, and will be on a first come, first served basis.

August 5, 2020 - August 6, 2020 | 8:00 AM - 12:00 PMClick here to register and for more information.

*Please be aware that the DOB requires you to take this course within one year of your license renewal date.

16 HOUR LIMITED GAS WORK QUALIFICATION TWO-DAY ONLINE COURSECourse Available to MPC Members

Wednesday, July 29th & Thursday, July 30th - 8am-4pm (both days)

On January 1, 2020, enforcement of Local Law 150 began. The law requires that anyone on a jobsite working on gas piping in any capacity must be either: • A Licensed Master Plumber OR Hold a Full Gas Work Certificate OR Hold a Limited Gas Certificate and be in the personal and immediate supervision of the LMP or the person holding the Full Gas Work Certificate.

SAFCO Training, DOB approved course providers, will virtually present this course.

If you are interested in registering an employee(s) please email [email protected]

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HOW TO APPLY FOR A DEP WATER METER PERMIT OR BREAK SEAL PERMIT VIA EMAIL (UPDATED 7/13/20)Message from the Executive Board:On July 10th, the DEP sent us the procedure to return a meter permit. The entire process from obtaining a permit to return a completed form is now complete.

The DEP requests that you put the required amount of money in your account prior to submission of the application. This will save time in processing your application.

The next item is that, due to the COVID-19 pandemic, they are taking 5-7 business days to process an application. One of the reasons that the timeline has started to stretch out is that a few plumbers keep emailing them to ask about their application. Please be considerate and do not contact them to follow-up on your application until 5 business days have passed.

Click here to view the DEP Email Permit Application Procedure.

Message from the DEP:This is a follow up to the email sent on July 10th. Please remind all plumbers that in lieu of COVID safety procedures:• permit issuance may take longer than our prior turnaround of 3 days (Pre-COVID), and in some cases, it may take 5 to 7 days for permit issuance.• processing returned permits may take several days, as long as 10 to 14. Please note that this turnaround includes the need for DEP to have documents sit for several days before processing can begin. • emails to the [email protected] Inbox should be limited to actual requests, not inquiries pertaining to “permit status”. This Inbox has been flooded with inquiries regarding the status of permits. Doing so slows down our operations and will cause the processing timelines specified above to increase.

Message from the DEP Committee:As of the writing of this newsletter, the DEP is not entering buildings to conduct inspections. They have stated they will give consideration to any NOVs that were returnable during the pandemic. We will provide updated information as it becomes available.

DEP MAKES CHANGES TO CROSS CONNECTION PLANS & APPLICATIONSMessage from the DEP Committee:As part of their pandemic response, the DEP Cross Connection Control Unit made major changes to their operations. Director Mark Safari has allowed the electronic submission of Cross-Connection plans and applications. In addition, licensed plumbers may now submit their completed General 215-B reports via email to the DEP. This change went into effect on March 19, 2020.

• Applicants must submit scans of Cross-Connection plans & application to the [email protected] email address, but the application fees must be submitted by mail.• Reviewer will review & mark up plans and send objections via email, if the plans need to be revised.• As soon as the fee is received by mail, DEP will approve the scanned application and email it to the applicant.

Cross Connection Test Reports:• Test Reports for BFP devices must be sent to the [email protected] email address. After review, the copy of test reports will be sent via email.

Thanks,

Mark Safari, P.E. | DirectorNYC Environmental Protection BWSO | Connections & Permitting

DEP UPDATES:

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HOW TO FILE A LIMITED ALTERATION APPLICATION FOR A PRIMARY BACKFLOW PREVENTION PROJECTMessage from the DOB Committee:Over the past few months, members have contacted the MPC to report that their LAA permitted jobs were being audited by the LAA Division and that they were asked to make specific verbiage changes. The MPC DOB Committee contacted the DOB LAA Division with their concerns. Director Gathfeny Sanders believed the MPC had some valid points and set up a conference call to discuss the issues. Please follow the specific requirements as listed below.

From: Gathfeny Sanders (Buildings)Sent: Thursday, May 28, 2020To: ‘Patricia Brady’ Subject: RE: Adm. Corrections Needed

Good Afternoon Patricia,

I hope all is well. We wish to thank the Master Plumbers Council in their efforts to assist with the submissions of primary backflow prevention applications and have reviewed the verbiage submitted. After discussing the matter further with Technical Affairs and Code Development, we only have two changes to the suggested work scope that was provided. Please note that we added 608.1, since it states that Backflow preventer applications shall conform to Table 608.1, except as specifically stated in Sections 608.2 through 608.16.10”. Please see the highlights below:

• Installation of # of primary devices.• Size make and model of device (s).• Install approximately # feet of size & type of water pipe and fittings.• Describe drainage for the new device. (If applicable)• Install approximately # feet of size & type of drain pipe and fittings.• All piping exposed. (If applicable)(This would be required to permit the certification of finish inspection.)• Installation is located in the ______ (Location and floor level of the device).• Installation in compliance with NYC PC section 608.1• DEP Approval number

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DOB UPDATES:

DEP ANNOUNCES ROUND 2 OF WATER CONSERVATION AND REUSE GRANT PROGRAMProperty Owners Can Receive Funding for Water Conservation and Reuse Projects

The New York City Department of Environmental Protection is rolling out Round 2 of their Water Conservation and Reuse Grant Pilot Program following a successful pilot of the program over the past year. The grant program aims to conserve the City’s drinking water supply, with a corresponding reduction of flows into the sewer system, by reimbursing commercial, industrial, and multi-family residential property owners who invest in water efficiency projects, including low-flow fixtures, as well as innovative water saving technologies such as on-site water reuse systems.

Applications are open until September 15, 2020 and you can learn more and apply here.

Want to learn more? Join the Water Conservation and Reuse Grant Program Information Session webinar on Wednesday, July 29 from 1:00 PM to 2:00 PM EDT!

Please click below to register for the webinar: https://attendee.gotowebinar.com/register/4872720382628510735

After registering, you will receive a confirmation email containing information about the webinar.

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UPDATE TO NYC BOILER ENERGY EFFICIENCY TABLESOn March 2, 2020, New York City updated the Energy Efficiency Tables for Gas and Oil-Fired Boilers. The boilers that are affected are gas-fired atmospheric boilers. Under the previous energy tables, their minimum efficiency was 77% (Thermal Efficiency). Under the newly revised tables, their minimum efficiency is 79% (Thermal Efficiency). In the future, when selecting gas-fired atmospheric boilers, please keep this in mind. No one can file any boilers that do not meet the minimum energy efficiency requirements of these newly issued tables.

FILING A PRIMARY DCDA DEVICE CONNECTED TO A FIRE SERVICEIf you are filing for a device that is connected to a fire service, you will need to file for a separate permit under your Master Fire Suppression License. The NYC 2014 Plumbing Code section 105.6 states that the permits, piping, and inspection of all backflow devices up to the meter outlet control valve is subject to the rules of the DEP. For a fire service device, you must obtain a permit for the piping from the outlet of the device to the existing system piping. You must also conduct all required inspections.

DOB Committee Notes:The MPC DOB Committee would like to thank Gathfeny Sanders, Marcelle Morgan-Tobia, Tarsha Gilmore, Shawn Jones, Shauntel Pressley and Sairis Cedano, the Audit Supervisors who were all instrumental in putting this together.

DOB NOW BUILD LAA UPDATES EFFECTIVE JUNE 15, 2020On June 15, 2020, several important changes were put into place.

Electronic submission of the L2 form: If a building has a work without permit violation you will not be able to pull the permit. In the past you had to manually complete and submit an L2 application. Now this can be done online.

Additional changes to DOB Now Build LAA job filings: The LAA unit made changes to how you will file some work types. We are still reviewing and some of the changes were discussed at the Plumbing Sub Ops meeting.

To view the complete Service Notice please click here.

How to File a Limited Alteration Application for a PRIMARY Backflow Prevention Project Continued

We greatly appreciate your assistance with this matter and hope that our combined efforts will help streamline the process for the industry and serve as a reference guide for future filings.

Best regards,Gathfeny SandersDirector LAA/Permit Renewal Unit

DOB Committee Notes:If you are filing for a device that is connected to a fire service, you will need to file for a separate permit under your Master Fire Suppression License. The NYC 2014 Plumbing Code section 105.6 states that the permits, piping, and inspection of all backflow devices up to the meter outlet control valve are subject to the rules of the DEP. For a fire service device, you must obtain a permit for the piping from the outlet of the device to the existing system piping. You must also conduct all required inspections.

2014 NYC Plumbing Code

105.6 Other permits. In addition to any permits required by the provisions of this code, the following permits shall also be required:

1. Permits for all water supplies and backflow devices for all buildings shall be obtained from the Department of Environmental Protection, and the installation of the water service system from the street main up to and including the meter outlet control valve shall be subject to inspection and approval by such department. All backflow devices shall be acceptable to the New York State Department of Health.

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WITHDRAWING OR SUPERSEDING FROM EXISTING LAA PERMITSPlease use this email address to withdraw or supersede an existing LAA work permit:

[email protected]

Please remember that you need permission to supersede an existing or expired permit. You should pre-file a new permit in DOB Now Build LAA and send it to this email address with a request to supersede the existing permit. You must enclose a supersede letter from the owner of the building. We recommend that when you submit the application that you scan the owner’s letter and the DPL-1 as one document. The LAA Build platform does not always recognize documents that are scanned in

separately. In addition, under no circumstances should you file a new permit for any existing permit unless you receive permission from the LAA unit. If you do, you may be subject to a false statement violation, which carries a penalty of up to $6,000.

Please note that this procedure is an alternate to the procedure published in the LAA Build FAQ section available on the DOB website. The MPC would like to thank the personnel of the LAA Unit for creating the email address to help facilitate this process.

LAA Division:• LAA filings in Conjunction with PW-1 filing. The PW-1 is now required to be obtained within 30 days (no longer 60 days).

• Required information in Proposed Work Summary: The proposed work summary must indicate all pipe developed length, pipe diameter, gas end usage, area of work etc.

• Intent to Revoke: Contractors must respond to the Intent to Revoke notification within the same email chain in which you were notified. Simply responding to the LAA Division via another form of communication does not & will not satisfy the audit, nor does it stop the audit clock.

• L2/LAA Audits Appointments. To schedule an appointment, call the LAA Hotline 212-393-2406

• LAA Audits: [email protected] appointments are on Tuesdays & Thursdays 10AM-1PM

• L2/LAA: [email protected] appointments are on Mondays & Wednesdays 10AM-12:30PM

LAA QUESTIONS & ANSWERS

EWN ReviewsPlease list as much information as possible on the EWN submission. As per 28-105.4.1 of the NYC Administrative Code, submission of the LAA application is due within 2 business days after the EWN is submitted.

OPW AuditsThe LAA Unit and Plumbing Enforcement will be auditing the OP-128 submissions.

Fire Stoppage Issues on LAA filingsIf you are doing any piping that penetrates a floor, wall, or ceiling you should use the proper verbiage. - “all fire stops shall be as required by the NYC Building Code.”

DPL1 uploadsIt pains us to write this. The LAA Unit has reported that LMPs are uploading forms that are not compliant with the Code. The only approved form is the DPL-1 form that must be signed and sealed with your license. The form must be updated annually. Persons who violate this are subject to a violation.

More information will be provided in future issues of the Voice.

DOB PLUMBING SUB OPS LAA AGENDA ITEMS

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NYC DEPARTMENT OF BUILDINGS REOPENING GUIDANCE – NYC CONSTRUCTION ACTIVITYBy now, everyone should have seen the following email from the DOB that was sent on Tuesday, July 7th. _______________

As a reminder, NYC Department of Buildings (DOB) continues our citywide inspection sweep of every permitted site to verify compliance with State and City Phase 1 restart requirements. Effective tomorrow, Wednesday, July 8th, 2020 sites found out of compliance will be subjected to violations that carry financial penalties of $5,000 per violation with the potential for a Stop Work Order. Continued noncompliance may result in additional summonses with accompanying civil penalties of up to $10,000 for each offense. If during DOB’s sweep, any Construction Code and Electrical Code non-compliances are observed, Inspectors will take appropriate enforcement actions, including the potential issuance of violations with monetary penalties.

To be clear, if a single Phase 1 restart violating condition is observed on your site beginning tomorrow, Wednesday, July 8th, 2020 – your site will be assessed a violation that carries a financial penalty of $5,000. If your site does not have a Safety Plan and State Affirmation conspicuously posted and/or is lacking a proper hand hygiene station, your site will be issued a Stop Work Order in addition to the financial penalty.

The Safety Plan you must have on-site should be filled-out completely and posted for all to see. The Safety Plan’s intent is to outline how your workplace will prevent the spread of COVID-19. You should follow the Safety Plan template located on the State’s website, which you can access by clicking here. Your State Affirmation should be posted as well, you can fill-out your Affirmation by clicking here. All sites must also provide and maintain (at least one) hand hygiene station that is accessible for all personnel. This could include a handwashing station with soap, water, and paper towels, or an alcohol-based hand sanitizer containing 60% or more alcohol for areas where handwashing is not feasible.

To understand what is expected of your site, please refer to the Interim Guidance for Construction Activities During the COVID-19 Public Health Emergency, our “Do’s and Don’ts” Document, and our “What To Know” One-Pager. Also please remember as City Employees performing essential regulatory duties, DOB Inspectors and other Field Staff with face coverings who visit construction sites are self-monitoring for any COVID-19 symptoms every day to ensure they do their work safely for themselves and the public. As such, Inspectors and Field Staff are not subject to screening and must be permitted access to a construction site. Failure to provide access will result in the issuance of a Stop Work Order.

For additional information on the Phase 1 re-opening, please visit nyc.gov/buildings. On our Phase-1 re-opening webpage, you will find resources including DOB’s Phase 1 Re-Opening Guidance, FAQs, and the State’s Interim Guidelines.

If you have any questions, please reach out via email to [email protected]._______________

Message from the Executive Board:Prior to the July 08, 2020 violation start date, the MPC Committees were hard at work to try and disseminate all of the requirements for compliance. There were also sections that they felt were not applicable for existing buildings. The Committee contacted the DOB and was able to receive clarification on some major issues.

The Committee also put together a sample plan containing all of the paperwork required to be at a site. To view the sample plan and DOB clarifications click here. You must be a MPC member to view this information. If you are not a member, click here to join!

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DOB ENACTS LICENSE RENEWAL EXTENSIONAll affected licensees/registrants will be sent an email informing them of this update to their license/registration. Affected licenses/registrations will be automatically extended by subsequent orders until the state of emergency in the City of New York is no longer in effect.

INSURANCE REQUIREMENTS

Licensees/registrants must ensure that all required insurances are active during this extension period. Current insurance information can be found in the Buildings Information System (BIS). See Licensing Insurance Guidelines for information about submitting certificates to the Department.

RENEWAL APPLICATIONS

Any licensee/registrant who is eligible and can satisfy the requirements for renewal of their license/registration may submit their application for renewal at any time during this period. Click here to read the Service Notice. Following the extension period, licensees/registrants will be subject to all requirements for the renewal of their respective license/registration.

2020 NYC ENERGY CODE IS IN EFFECTThe 2020 New York City Energy Conservation Code (NYCECC) is in effect May 12, 2020, affecting all new buildings and alterations. All jobs filed on or after May 12, 2020 must comply with the 2020 NYCECC. For prior projects and Incomplete Filings, see Service Notice from February 2020. Click here to read the service notice.

DOB NOW BUILD AFTER HOUR VARIANCE PERMITSEffective June 29, 2020, Licensees and Registered Contractors can submit a single After Hours Variance (AHV) request in DOB NOW: Build for multiple permits including both DOB NOW and BIS permits.

Click here to read the service notice.

Note: The fine for not having an after hour variance permit start at $6,000.00. You should apply at least one week ahead of time. Each separate Build permit will require a separate Variance.

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The Master Plumbers Council of the City of New York, Inc.240-21 Braddock Avenue, Bellerose, NY 11426P: 718-793-6300 | F: [email protected] | www.nycmpc.org

Executive Officers:Richard Bonelli, PresidentAnthony Vigilante, Vice PresidentLeonard Williams, TreasurerPatrick Sementa, SecretaryJohn F. DeLillo, Jr., Executive DirectorPatricia Brady, Deputy Director

The Voice of the Licensed Master Plumber, a membership publication of the NYCMPC.

GENERAL DISCLAIMER STATEMENT: The information provided in this newsletter is to be used only to educate businesses and the general public on plumbing and related construction issues that may affect their daily business or personal lives. All opinions expressed herein are those of the individual authors only and do not necessarily represent the opinions of the NYCMPC, its officers, Board of Directors, the NYCMPC newsletter or its editors. The NYCMPC does not guarantee the accuracy or the correctness of adverting, articles or references to information sources herein, nor does the NYCMPC intend to endorse, rate, or otherwise officially comment on products available. Therefore, the readers are cautioned to rely on information contained herein at their own risk. All information that is available to you through this newsletter is provided “as is” without warranty or condition of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The information contained in the newsletter is believed to be correct and accurate. However, the NYCMPC cannot and will not assume responsibility for the consequences of errors contained in the articles or misapplication of any information provided. NYCMPC expressly disclaims any liability for any special, incidental, or consequential damages, including without limitation, lost revenues, or lost profits, resulting from the use or misuse.