Informal Opinion No.

David B. Hagstrom, Esq. Town Attorney, Poughkeepsie

You have raised several questions concerning a town's authority to prohibit persons lacking a plumbing license from doing plumbing work in their homes or businesses.

The Legislature has specifically delegated to towns the power to adopt plumbing codes, which may regulate how all plumbing and drainage systems in existing or proposed buildings are to be constructed, altered, removed and inspected (Town Law, § 130[2]). The code may designate the materials to be used for plumbing work, as well as prescribe the proper procedure for making…