Section 28-401.1
§28-401.1 Application. This chapter shall apply to the licensing and
registration of businesses, trades and occupations engaged in building
work regulated by this code.
Section 28-401.10
§28-401.10 Issuance of license, plate and/or seal, where applicable,
or certificate of competence. The commissioner shall issue a license or
certificate of competence to each applicant who shall have submitted
satisfactory evidence of his or her qualifications, and shall have
satisfactorily passed all required examinations and investigations,
provided that no license or certificate of competence shall be issued
unless and until the applicant shall have paid the required fee and
complied with such other and further requirements for the particular
license or certificate of competence as may be set forth in this chapter
and in rules promulgated by the department. All licenses or certificates
of competence issued by the commissioner shall have his or her signature
affixed thereto; but the commissioner may authorize any subordinate to
affix such signature. For licenses that require a plate and/or the
application of a seal, the plate and/or seal shall be issued with the
license except as provided otherwise in this chapter. The license, plate
and seal are the property of the department and are not transferable by
the licensee. No licensee shall make or cause to be made duplicates of a
department-issued license, plate or seal. The loss or theft of a
license, plate or seal must be reported to the department within five
calendar days.
Section 28-401.11
§28-401.11 Term of license. All licenses issued by the commissioner
for which an examination is required shall expire three years from the
date of issuance thereof, and may be renewed every three years
thereafter without examination. The commissioner shall have authority to
stagger the issuance of licenses for three-year terms. All licenses not
requiring examination shall expire one year from the date of issuance
thereof, and may be renewed each year thereafter except as otherwise
noted for a specific license.
Section 28-401.12
§28-401.12 Renewal of license or certificate of competence.
Applications for renewal of a license or certificate of competence shall
be accompanied by the renewal fee and such additional information as the
commissioner may require, and shall be made at least 30 calendar days
but not more than 60 calendar days prior to the expiration date of same.
The failure of an individual to renew his or her license or certificate
of competence shall have the effect of cancellation of the license or
certificate of competence upon expiration, and the holder of a plate
and/or seal issued by the department shall immediately surrender such
plate and/or seal to the department. A person who fails to renew a
license or certificate of competence within the time period set forth in
this section 28-401.12 may apply for reinstatement of such license
pursuant to section 28-401.13. The department may, following notice and
an opportunity to be heard, refuse to renew a license or certificate of
competence on any grounds on the basis of which it could deny, suspend
or revoke such license.
Section 28-401.13
§28-401.13 Reinstatement. If a license or certificate of competence
expires, the individual may apply for reinstatement of the license or
certificate of competence, within one year of the date of its expiration
without examination but subject to applicable late and reinstatement
fees. Thereafter, and up to five years after the date of expiration, the
commissioner may reinstate the license or certificate of competence
without examination upon the applicant's demonstration to the
commissioner's satisfaction of continued competence in the respective
trade and satisfaction of any applicable continuing education
requirements. A license or certificate of competence shall not be
reinstated after five years from date of expiration.
Section 28-401.14
§28-401.14 Continuing education. The commissioner may promulgate rules
to require applicants for the renewal of licenses or certificate of
competence to complete a prescribed number of hours of continuing
education courses approved by the department within the term preceding
the application for renewal and to provide proof of same in a form
acceptable to the department. Such proof, when required, shall be
submitted with the application for renewal.
Section 28-401.15
§28-401.15 Schedule of fees.
------------------------------------------------------------------------
License Type Initial Renewal Additional Fees
Fee Fee
------------------------------------------------------------------------
Master rigger license. $200. $150 Late-renewal fee: $50.
triennially. Reissuance fee: $50.
------------------------------------------------------------------------
Special rigger license. $100. $75 Late-renewal fee: $50.
triennially. Reissuance fee: $50.
------------------------------------------------------------------------
Basic hoisting machine $150. $150 Late-renewal fee: $50.
operator license triennially. Reissuance fee: $50.
(Class A).
------------------------------------------------------------------------
Basic hoisting machine $200. $150 Late-renewal fee: $50.
operator license with triennially. Reissuance fee: $50.
endorsement to operate
hoisting machinery
without limitation or
restriction (Class B).
------------------------------------------------------------------------
Special hoisting machine $100. $75 Late-renewal fee: $50.
operator license triennially. Reissuance fee: $50.
(Class C).
------------------------------------------------------------------------
Concrete testing lab- $100. $75 Late-renewal fee: $50.
oratory license. annually. Reissuance fee: $50.
------------------------------------------------------------------------
Welder license. $50. $45 Late-renewal fee: $50.
triennially. Reissuance fee: $50.
------------------------------------------------------------------------
Master plumber license $200. $150 Late-renewal fees:
(certificate of triennially. Up to 30 days late, $50;
competence). From 31 days to five years
late, $100 for each year
or part thereof.
Reissuance fee: $50.
------------------------------------------------------------------------
Master plumber license $75. $100 Replacement fee upon loss
plate. triennially. of plate, w/affidavit:
$100.
------------------------------------------------------------------------
Master plumber license $50. $75 Replacement fee upon loss
seal. triennially. of seal, w/affidavit:
$75.
------------------------------------------------------------------------
Journeyman plumber $50. No renewal, no
registration. reissuance.
------------------------------------------------------------------------
Master fire suppression $200. $150 Late-renewal fees:
piping contractor triennially. Up to 30 days late, $50;
(class A, B or C) From 31 days to five
license (certificate of years late, $100 for each
competence). year or part thereof.
Reissuance fee: $50.
------------------------------------------------------------------------
Master fire suppression $75. $100 Replacement fee upon loss
piping contractor triennially. of plate, w/affidavit:
(class A, B or C) $100.
license plate.
------------------------------------------------------------------------
Master fire suppression $50. $75 Replacement fee upon loss
piping contractor triennially. of seal, w/affidavit:
(class A, B or C) $75.
license seal.
------------------------------------------------------------------------
Journeyman fire $50. No renewal, no
suppression piping reissuance.
installer registration.
------------------------------------------------------------------------
Oil-burning equipment $100. $75 Late-renewal fee: $50.
installer. License triennially. Reissuance fee: $50.
(class A or B).
------------------------------------------------------------------------
High-pressure boiler $50. $45 Late-renewal fee: $50.
operating engineer triennially. Reissuance fee: $50.
license.
------------------------------------------------------------------------
Portable high-pressure $50. $45 Renewal fee includes
boiler operating triennially. renewal fee for a
engineer license. hoisting machine oper-
ator license.
Late-renewal fee: $50.
Reissuance fee: $50.
------------------------------------------------------------------------
Master sign hanger $100. $75 Late-renewal fee: $50.
license. triennially. Reissuance fee: $50.
------------------------------------------------------------------------
Special sign hanger $100. $75 Late-renewal fee: $50.
license. triennially. Reissuance fee: $50.
------------------------------------------------------------------------
Outdoor advertising As pro- As provided As provided by dept
company registration. vided by dept rules.
by dept rules.
rules.
------------------------------------------------------------------------
Filing representative $50. $50 Late-renewal fee: $50.
registration. annually. Reissuance fee: $50.
------------------------------------------------------------------------
Reinstatement of Same as $100 for each year or
expired license, initial part thereof from date
certificate of license. of expiration.
competence or certifi-
cation without examination,
if approved by commissioner,
in addition to applicable
renewal fees.
------------------------------------------------------------------------
Site safety coordinator $100. $50. Late-renewal fee: $50.
certificate. Reissuance fee: $50.
------------------------------------------------------------------------
Site safety manager $300. $150. Late-renewal fee: $50.
certificate. Reissuance fee: $50.
------------------------------------------------------------------------
General contractor $300. $240 Late-renewal fee: $50.
registration. triennially Reissuance fee: $50.
------------------------------------------------------------------------
Tower crane $150. $50 Late-renewal fee: $50.
rigger license. triennially Reissuance fee: $50.
------------------------------------------------------------------------
Safety registration $80 $80 Late-renewal fee: $50.
number (concrete each. triennially Reissuance fee: $50.
contractor,
demolition contractor,
general contractor).
Section 28-401.16
§28-401.16 Restrictions on use of license. No holder of a license
issued under this chapter shall authorize, consent to or permit the use
of his or her license by or on behalf of any other person, and no person
who has not qualified and obtained or renewed a license under this
chapter shall hold himself or herself out to the public as licensed,
certified, registered or as the holder of a license issued under this
chapter, either directly or indirectly, by means of signs, sign cards,
plates, stationery, or in any other manner whatsoever.
Section 28-401.17
§28-401.17 Use on behalf of a business. Except for such additional
requirements as may be set forth for a particular license, nothing in
this chapter shall be construed to prohibit the use of a license by the
holder thereof for or on behalf of a partnership, corporation or other
business association, provided that:
1. At least one member of the partnership or at least one officer of
the corporation is licensed for the same business, trade or occupation,
and that all work performed by such partnership or corporation is
performed by or under the direct and continuing supervision of such
license holder or holders; or
2. Such partnership, corporation or other business association is
itself authorized to engage in such business as prescribed herein.
Section 28-401.17.1
§28-401.17.1 Use on behalf of a city agency. Nothing in this chapter
shall be construed to prohibit the holder of a license who is an employe
of a city agency from using such license to practice the trade for which
such license is issued for or on behalf of such city agency in the
course of such employment except as otherwise limited pursuant to
articles 408 and 410 of this chapter for licensed master plumber and
licensed master fire suppression piping contractor licensees.
Section 28-401.18
§28-401.18 New York city location required. Except as otherwise noted
for a particular license, the holder of a license, other than an
employee of a city agency, shall have or be employed by a business
entity that has an established place of business with an address within
the city of New York at which such person can be contacted by the public
and the department by mail, telephone or other modes of communication. A
post office box is not an acceptable address.
Section 28-401.19
§28-401.19 Suspension or revocation of license or certificate of
competence. The commissioner shall have the power to suspend or revoke a
license or certificate of competence and/or to impose a fine not to
exceed twenty-five thousand dollars for each finding of violation,
and/or to order any holder thereof to repair damage resulting from any
act or omission as set forth in this chapter or in rules, for any of the
following:
1. Fraud or deceit in obtaining or renewing a license, plate or seal,
certificate of competence, certification, registration, or permit;
2. The making of a material false or misleading statement on any form
or report filed with the department or other governmental entity;
3. The failure to file a statement, report or form required by law to
be filed;
4. Willfully impeding or obstructing the filing of a statement, report
or form of another required by law to be filed;
5. Fraudulent dealings;
6. Negligence, incompetence, lack of knowledge, or disregard of this
code and related laws and rules;
7. Failure to comply with this code or any order, rule, or requirement
lawfully made by the commissioner including failure to cooperate with
investigations related to the trade for which the individual is licensed
conducted by the commissioner or other government entity;
8. Failure to comply with any order, rule, regulation or requirement
lawfully made by the commissioner of environmental protection or
commissioner of transportation pertaining to water services, house
connections street openings, street/lane closures or sidewalk closures
that relate to requirements of this code;
9. A practice or pattern of failing timely to perform or complete
contracts relating to home improvements as defined by section 20-386 of
the administrative code or a practice of abandoning contracts on
residential buildings containing four dwelling units or less;
10. Failure to provide documents, including payroll records, workers
compensation or other insurance documents, employee timekeeping records
and corporate tax returns, required by the commissioner;
11. Engaging or assisting in any act that endangers the public safety
and welfare;
12. Conviction of a criminal offense where the underlying act arises
out of the individual's professional dealings with the city or any other
governmental entity;
13. Poor moral character that adversely reflects on his or her fitness
to conduct work regulated by this code; or
14. Failure to pay outstanding fines, penalties, or fees related to
the individual's professional dealings with the city or any other
governmental entity.
15. With respect to general contractor registration, upon a finding
that the applicant or registrant or a business entity in which one of
the applicant's or registrant's principals, officers or directors is a
principal, officer or director has engaged in any of the acts set forth
in items 1 through 14 or any of the following:
15.1. Fraud, misrepresentation or bribery in securing a sign-off of
work or a temporary or permanent certificate of occupancy.
15.2. A practice on the part of the registrant of failure to timely
perform or complete its contracts for the construction of new
residential structures containing no more than three dwelling
units, or the manipulation of assets or accounts, or fraud or
bad faith.
15.3. Approval or knowledge on the part of the registrant of an act of
omission, fraud, or misrepresentation committed by one or more
agents or employees of the registrant, and failure to report
such act to the department.
15.4. The applicant or registrant, or any of its principals, officers
or directors, or any of its stockholders owning more than ten
percent of the outstanding stock of the corporation has been
convicted of a crime which, in accordance with article
twenty-three-a of the correction law, is determined to have a
direct relationship to such person's fitness or ability to
perform any of the activities for which a registration is
required under this article.
15.5. The applicant or registrant, or any of its principals, officers
or directors has been or is a principal, officer or director of
a registered general contractor whose registration has been
revoked.
Section 28-401.19.1
§28-401.19.1 Notice and hearing. The commissioner shall not revoke or
suspend a license or certificate of competence for any cause or impose
any other sanction on a licensee unless and until the holder has been
given at least five calendar days prior written notice and an
opportunity to be heard. However, when the public safety may be
imminently jeopardized the commissioner shall have the power, pending a
hearing and determination of charges, to forthwith suspend any license
for a period not exceeding five working days.
Section 28-401.19.2
§28-401.19.2 Surrender of plate or seal. Upon surrender, suspension or
revocation of a license for which the department has also issued a plate
or seal, the license and such plate and/or seal shall be immediately
surrendered to the department.
Section 28-401.19.3
§28-401.19.3 Reinstatement fees. The fees required for the
reinstatement of a certificate of competence or license, plate or seal
after suspension shall be the same as those required to obtain an
original document. If reinstatement of the certificate of competence,
license, plate or seal is not requested within 30 days of the lifting of
the suspension, then late fees shall be imposed in accordance with
article 119 of chapter 1 of this title.
Section 28-401.19.4
§28-401.19.4 Mandatory suspension or revocation. The commissioner
shall immediately suspend or revoke a license issued pursuant to this
code as set forth below. Nothing in the following sections shall be
construed to limit the commissioner's power to revoke or suspend
licenses in other circumstances.
Section 28-401.19.4.1
§28-401.19.4.1 Rigger license. Any licensed rigger who has been found
guilty after proceedings before the environmental control board or other
adjudicative proceedings of violating section 28-404.1 or 28-401.9 of
the administrative code or sections 3314.1.1 and 3314.4.3.1 of the New
York city building code, or of failing to insure that workers have
certificates of fitness required pursuant to this code or applicable
rule three times within any six-month period, shall be subject to
immediate suspension of his or her license pending a hearing and
determination in accordance with the provisions of this code.
Section 28-401.19.4.2
§28-401.19.4.2 General contractor registration. Any registered general
contractor who has defaulted at or been found liable after proceedings
before the environmental control board or in an adjudication in criminal
court of violations of any provisions of this code relating to a stop
work order, public health or safety, structural integrity, building in
compliance with approved construction documents or fire safety three
times within any twenty-four-month period shall be subject to immediate
suspension of his or her registration, pending a hearing and
determination at OATH.
Section 28-401.2
§28-401.2 General requirements for all licenses. The provisions of
this article shall apply to all licenses issued by the department
pursuant to this chapter. All applicants and licensees shall comply with
the provisions of this article as well as the specific requirements
applicable to the particular license as set forth in other articles of
this chapter.
Section 28-401.20
§28-401.20 Cooperation required. Any person, including any
corporation, partnership, business or other entity, issued a license or
certificate of competence by the department shall, pursuant to a request
or order of the commissioner or any other city agency or office,
cooperate fully and completely with respect to any department or city
agency or office investigation. Evidence of cooperation shall include,
but is not limited to, appearing before the department or other city
agency or office, answering questions completely and accurately, and
providing any and all requested documents. Failure to comply with such
request or order may subject such person to disciplinary measures
authorized by law, including but not limited to suspension or revocation
of the license or certificate of competence.
Section 28-401.20.1
§28-401.20.1 Service of request or order. Such request or order by the
commissioner or other city agency or office shall be mailed by regular
mail to the person named therein to his or her last known business or
home address at least ten days before such appearance and shall contain
the name of the person, date, time and place of such appearance and, if
known or applicable, a description of any requested documents. If the
appearance or information is required immediately, the request or order
may be transmitted via facsimile or delivered to the person's last known
business or home address prior to the date and time specified therein.
Section 28-401.21
§28-401.21 Judicial review of determinations. Notwithstanding any
other provision of law to the contrary, decisions, orders and
interpretations of the commissioner made pursuant to this chapter shall
not be subject to review by the board of standards and appeals. Final
decisions and orders of the commissioner made pursuant to this chapter
shall be subject to review pursuant to article 78 of the civil practice
law and rules.
Section 28-401.3
§28-401.3 Definitions. As used in this chapter the following terms
shall have the following meanings unless the context or subject matter
requires otherwise.
CERTIFICATE OF COMPETENCE. A certificate issued by the department to
an individual representing that such individual has completed all
requirements for the master plumber or master fire suppression piping
contractor license but has not obtained a seal or plate; and that such
certificate of competence has been renewed as required and is currently
in effect. The certificate of competence shall bear the name of the
holder and the certificate number. The holder of a certificate of
competence is not a licensed master plumber or licensed master fire
suppression piping contractor and may practice the trade for which the
certificate is issued only under the direct and continuing supervision
of a licensed master plumber or licensed master fire suppression piping
contractor or, with respect to a city employee under the direct and
continuing supervision of a supervising licensed master plumber or
licensed master fire suppression piping contractor.
CITY AGENCY. A city, county, borough, or other office, position,
administration, department, division, bureau, board or commission, or a
corporation, institution or agency of government, the expenses of which
are paid, in whole or in part, from the city treasury.
COMBINED STANDPIPE SYSTEM. A standpipe to which a sprinkler system is
connected or is being connected.
DIRECT AND CONTINUING SUPERVISION. Responsible control exercised by a
licensed individual, either personally or through one or more, but no
more than three, levels of competent supervision over individuals (i) in
the direct employ of the licensee, or (ii) in the direct employ of the
city agency employing the licensee or (iii) in the direct employ of the
business performing the actual work of the licensee's trade or the
actual work permitted by the class of license held by the licensee, for
which work such licensee assumes full responsibility. Such control shall
be evidenced by such licensee's signature, and seal where applicable,
upon any required statements, applications and/or permits and by
demonstrating involvement of the licensee in the operations of the
business, including hiring of employees, responsibility for financial
matters, and oversight of work performance. Direct and continuing
supervision includes field inspection, supervision of job sites, and the
maintenance of records of such supervision and such other requirements
as the commissioner may prescribe by rule for a particular license type.
DIRECT EMPLOY. An individual is in the direct employ of a licensee or
business or a city agency when such individual is on the payroll of such
licensee or business or city agency and under the usual common law rules
applicable in determining the employer-employee relationship has the
status of an employee. The work performed by such employee shall not
exceed the class of license held by the licensee. Direct employment
shall be evidenced by payroll records, such as social security payments,
income tax withholding or the disbursement of other funds as required by
law for the benefit of such employee, timekeeping records, such as time
cards and sign-in sheets, work orders, and assignment or route logs.
FIRE SUPPRESSION PIPING WORK. The installation, maintenance, repair,
modification, extension, or alteration or testing of a fire suppression
piping system in any building in the city of New York.
FIRE SUPPRESSION PIPING SYSTEM. Any system including any and all
equipment and materials in connection therewith, with the exception of
any electrical components that must be installed by a licensed
electrician pursuant to the New York city electrical code, the purpose
of which is to control, contain, suppress or extinguish fire and shall
include:
1. The systems, materials and equipment described or referred to in
this code (with the exception of any electrical components that must be
installed by a licensed electrician pursuant to the New York city
electrical code) which systems, materials or equipment shall include any
standpipe system to which a sprinkler system is or is now being
connected; provided, however, that such systems, materials or equipment
shall not include any systems, materials or equipment constituting
plumbing work, with the exception of up to thirty sprinkler heads off
the domestic water in any one building; or
2. Any dry, liquid or gaseous chemical fire containment, suppression,
control or extinguishing system or any other device or means of control,
suppression, containment or extinguishing of fire (with the exception of
any electrical components that must be installed by a licensed
electrician pursuant to the New York city electrical code) but not
including portable fire extinguishers.
GENERAL CONTRACTOR. An individual, corporation, partnership or other
business entity that applies for a permit pursuant to this code to
construct a new residential structure containing no more than three
dwelling units. The term "general contractor" shall not be construed to
include an individual, corporation, partnership or other business entity
that holds a license pursuant to this code or subchapter twenty-two of
chapter two of title twenty of the administrative code, and enters into
a contract to perform work exclusively within the scope of such license,
nor shall it include an individual who constructs a residential
structure containing no more than three dwelling units for his or her
own occupancy, or any subcontractors working for the general contractor.
HIGH-PRESSURE BOILER. A boiler that carries a pressure of more than
fifteen pounds of steam per square inch and is rated in excess of ten
horsepower, or that produces hot water over a pressure of one hundred
sixty pounds per square inch or at a temperature over 250°F (121°C).
LICENSE. A license, registration, certification or other evidence,
issued by the department pursuant to this chapter, representing that an
individual, a sole proprietorship, partnership, corporation, business
association or other person meets the qualifications and requirements as
set out in this chapter and in the rules of the department and is
authorized to engage in the particular trade, occupation or business as
indicated on the license and representing that such license, with
associated plate and/or seal, where applicable, has been renewed as
required and is currently in effect. The license shall bear the holder's
full name, the type of license, the license class, where applicable, the
license number and any restrictions relating to the use of such license.
Such term shall not include a certificate of competence.
LICENSE BOARD OR BOARD. A panel of trade practitioners and others
appointed by the commissioner as provided herein and in rules
promulgated by the commissioner with the purpose of advising the
commissioner regarding the character and fitness of applicants for a
license or certificate of competence, allegations of illegal practices
by persons licensed, or other matters as the commissioner may see fit.
LICENSED MASTER FIRE SUPPRESSION PIPING CONTRACTOR, MASTER FIRE
SUPPRESSION PIPING CONTRACTOR. An individual who has satisfied the
requirements of this chapter for the master fire suppression piping
contractor license, who has been issued a license, plate and/or seal,
and who is authorized under the provisions of this chapter to perform
fire suppression piping work in the city of New York, according to the
classification of license held. A master fire suppression piping
contractor licensee shall practice his or her trade in association with
a master plumber business or as an employee of a city agency.
LICENSED MASTER PLUMBER, MASTER PLUMBER. An individual who has
satisfied the requirements of this chapter for the master plumber
license, who has been issued a license, plate and/or seal, and who is
authorized under the provisions of this chapter to perform plumbing work
in the city of New York. A master plumber licensee shall practice his or
her trade in association with a master plumber business or as an
employee of a city agency.
PLATE. A plaque issued by the department to a master plumber or a
master fire suppression piping contractor setting forth the licensee's
name and number, the class of license and the master plumber business or
master fire suppression piping contractor bushiness operating pursuant
to the plate, and displayed prominently and conspicuously on view to the
public at the place of business registered with the department. The
plate is the property of the department and is not transferable by the
licensee.
PLUMBING WORK. The installation, maintenance, repair, modification,
extension or alteration of plumbing, standpipe where a sprinkler is not
connected or is not now being connected, domestic water, connections to
the domestic water, combination domestic water and reserve standpipe
supply tank up to and including the roof tank check valve, gas piping or
any piping system referred to in the New York city plumbing code, and/or
up to thirty sprinkler heads off the domestic water in any building in
the city of New York.
PRIVATE ELEVATOR INSPECTION AGENCY. An approval agency authorized by
the commissioner to operate as an independent contractor for the purpose
of inspecting and testing elevators, escalators and other conveying
equipment regulated by this code and shall include but shall not be
limited to an insurance company, elevator maintenance company, elevator
manufacturer or elevator inspection company.
SAFETY REGISTRATION RECIPIENT. An individual, corporation, partnership
or other business entity that applies for a permit to perform or
performs, or supervises any work that requires the filing under this
code of an application for (i) a new building permit; (ii) an alteration
permit for work that involves a vertical or horizontal enlargement in
excess of twenty-five percent of the floor area of an existing building;
(iii) an alteration permit for work that involves the addition of three
or more stories to an existing building; (iv) an alteration permit for
work that involves alteration or demolition of more than fifty percent
of the floor area of an existing building; (v) an alteration permit
where the work will result in the removal of one or more floors of an
existing structure; (vi) a demolition permit; or (vii) an individual,
corporation, partnership or other business entity that places concrete
in a building or building site in connection with excavations,
foundations or superstructures, including but not limited to the
placement of concrete in steel structures, where the concrete portion of
the project involves the pouring of a minimum of two thousand cubic
yards of concrete or such other amount as determined by rule.
SEAL. Emblem issued by the department to an applicant for some license
types, that allows the licensee to stamp documents required by this code
to be signed and sealed. The seal shall bear the full name of the
licensee, the license type, the license class, where applicable, and the
license number. The seal is the property of the department and is not
transferable by the licensee. For applications and other documents
submitted electronically, the digital signature and imprint of the seal
may be submitted in a manner authorized by the commissioner.
SIGN. A sign as defined in section 12-10 of the zoning resolution.
TOTAL BOOM. A boom including jibs and other extensions.
Section 28-401.4
§28-401.4 Requirement of license. It shall be unlawful for any person
to engage in or carry on in the city any business, trade or occupation
regulated by this chapter or to hold himself or herself out as
authorized to engage in or carry on such activity, without having first
obtained a license from the commissioner in accordance with and subject
to the provisions of this chapter and the rules of the department. A
license issued by the department for any such business, trade or
occupation prior to the effective date of this code, shall remain in
full force and effect until the expiration or termination thereof in
accordance with the terms thereof, unless sooner revoked or suspended
for cause as hereinafter provided. Any renewal of such license shall be
in accordance with the provisions of this code.
Section 28-401.5
§28-401.5 Application and conditions. Every application for a license
or certificate of competence shall be made in such form and shall be
accompanied by such information as the commissioner may prescribe, and
by the required fee. It is a condition of the license or certificate of
competence that information in the application be kept correct and
current. Any change in required information shall be reported to the
department within fourteen days after any change prior to issuance of
the license or certificate of competence or within thirty days after any
change following issuance.
Section 28-401.6
§28-401.6 Qualifications of applicant. All applicants for a license or
certificate of competence shall be at least 18 years of age, shall be
able to read and write the English language, shall be of good moral
character, and shall meet additional qualifications that may be
prescribed for the particular license or certificate of competence.
Section 28-401.7
§28-401.7 Examination of applicant. Except as otherwise specified for
the particular license type, applicants for a license shall be required
to take an examination in accordance with the rules of the department.
Every applicant shall commence the license application process with the
department within one year of passing the examination for licensure and
shall furnish to the department a completed license application within
one year of submission of the first filing. Failure to provide all
requested documents in a timely manner will constitute an incomplete
application and may result in denial of the license.
Section 28-401.8
§28-401.8 Investigation of applicant. Every applicant for a license or
certificate of competence shall submit to investigation as directed by a
governmental entity in order to determine the applicant's character and
fitness. The applicant shall furnish the department with payment for the
actual cost of conducting a background investigation. Failure to provide
all requested and completed documents in a timely fashion will
constitute an incomplete application and will result in a denial of the
license or certificate of competence.
Section 28-401.9
§28-401.9 Insurance. Except as noted otherwise for a particular
license, or exempted by the commissioner pursuant to rule, prior to the
issuance of a license, or during the renewal thereof, the applicant
shall file with the department (i) satisfactory evidence of a general
liability insurance policy in the amount of one million dollars or such
other amount as the commissioner may require, listing the New York city
department of buildings as the certificate holder; and (ii) satisfactory
evidence of an insurance policy for property damage in an amount set
forth in rules and conditioned upon the observance of all applicable
laws and rules governing the licensed activities and upon the payment of
any applicable judgment awarded for damage to or destruction of property
occurring in the performance of any regulated work by or under the
supervision of the license holder. Each policy of insurance shall
contain a provision for continuing liability notwithstanding any
recovery under such policy. In addition, prior to the issuance of any
license or seal and plate, if applicable, or during any renewal thereof,
the applicant shall file with the department satisfactory evidence of
compliance with the workers' compensation law and the disability
benefits law.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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