Section 28-408.1
§28-408.1 Master plumber license required. It shall be unlawful for
any person:
1. To perform plumbing work unless such person is a licensed master
plumber or working under the direct and continuing supervision of a
licensed master plumber except that a city employee who holds a master
plumber license may only perform replacement, maintenance and repair
plumbing work on existing buildings in the course of his or her
employment.
2. To use the title licensed master plumber, master plumber or any
other title in such manner as to convey the impression that such person
is a licensed master plumber unless such person is licensed as such in
accordance with the provisions of this article.
Section 28-408.2
§28-408.2 Seal. All documents that are required to be filed with any
department or agency of the city of New York shall bear the stamp of the
seal as well as the signature of the licensee. The licensed master
plumber performing the work and services shall personally sign and seal
all applications and other documents required to be filed pursuant to
this code.
Section 28-408.3
§28-408.3 Additional qualifications. Applicants for a master plumber
license shall have the following additional qualifications:
Section 28-408.3.1
§28-408.3.1 Experience. All applicants for a master plumber license
shall submit satisfactory proof establishing that the applicant:
1. Has had at least seven years total experience within the 10 years
prior to application in the design and installation of plumbing systems
under the direct and continuing supervision of a licensed master plumber
in the United States, with at least two years of such experience as a
registered journeyman plumber in accordance with the provisions of
article 409, except that during the three years immediately following
the effective date of this code there shall be no requirement for such
registered journeyman plumber experience;
2. Has received a bachelor's degree in engineering or appropriate
engineering technology from an accredited college or university and has
had at least five years total experience within the seven years prior to
application in the design and installation of plumbing systems under the
direct and continuing supervision of a licensed master plumber in the
United States, where at least two years of such experience were in New
York city;
3. Is an architect or engineer with at least three years of experience
within the five years prior to application in the design and
installation of plumbing systems under the direct and continuing
supervision of a licensed master plumber in the United States, where at
least one year of such experience was in New York city; or
4. Has had at least seven years total experience within the 10 years
prior to application, with at least two years of such experience working
in the design and installation of plumbing systems under the direct and
continuing supervision of a licensed master plumber in the United
States. The balance of such required experience may be obtained by
performing maintenance, replacement and repair plumbing work on existing
buildings while in the employ of a city agency under the direct and
continuing supervision of a licensed master plumber supervisor employed
by the city agency. Three years after the effective date of this code
the two years experience in the design and installation of plumbing
systems set forth above may only be satisfied by working as a registered
journeyman plumber.
5. An employee of a government agency, private inspection agency or
other entity, acceptable to the commissioner, whose duties primarily
involve the inspection of plumbing work for compliance with the New York
city plumbing code and/or other laws relating to the installation,
alteration or repair of plumbing systems shall be credited with fifty
percent (50%) of the number of years that he or she has been
satisfactorily employed in such duties within the ten (10) year period
prior to application, which, however, in no event, shall exceed two and
one-half (2 1/2) years credit of satisfactory experience. The balance of
the required seven years must have been obtained by working in the
design and installation of plumbing systems under the direct and
continuing supervision of a licensed master plumber in the United States
except that the requirement of paragraph 1 of this section 28-408.3.1
that an applicant's working experience must have been within the ten
(10) year period prior to application shall not apply to such balance of
the work experience required pursuant to this paragraph.
Section 28-408.3.2
§28-408.3.2 Armed services. Applicants who were engaged in plumbing
work as above provided prior to entering the armed services of the
United States shall be permitted to credit their time in the service as
experience in the plumbing business, as above provided; but such service
credit shall not exceed one-third of the time required for experience.
Section 28-408.4
§28-408.4 Certificate of competence and license, plate and/or seal.
The commissioner shall issue a certificate of competence, license,
plate, and/or seal, in accordance with the following:
Section 28-408.4.1
§28-408.4.1 Certificate of competence. A certificate of competence
shall be issued by the commissioner to an applicant who satisfactorily
complies with the experience and examination requirements of this
chapter for a license, upon payment of the fee. Such certificate shall
contain the full name of the individual and a certificate number, the
date of issuance, and shall be signed by the commissioner.
Section 28-408.4.2
§28-408.4.2 Effect of issuance. The issuance of a certificate of
competence shall constitute evidence that the person named therein is
qualified upon payment of applicable fees to obtain a plate and seal
while the certificate is valid except that a city employee while in the
employ of the city shall only be entitled to obtain a seal.
Section 28-408.4.3
§28-408.4.3 Plate and/or seal required. The holder of a certificate
shall not be entitled to perform work or hold himself or herself out to
perform work as a licensed master plumber until such plate and/or seal
have been obtained. Further, no holder of a certificate of competence
shall enter into any contractual agreement to install or alter any
plumbing, gas piping, or any piping system, other than an employment
agreement with a master plumber business or a city agency.
Section 28-408.4.4
§28-408.4.4 Effect of failure to obtain plate and/or seal. If a holder
of a certificate of competence has held the certificate for five years
without a plate and/or seal, then the commissioner may require said
person to submit an affidavit and supporting documentation satisfactory
to the department stating that over the five-year period the individual
has been engaged in the design and installation of plumbing systems in
the United States under the direct and continuing supervision of a
licensed master plumber. If the holder's qualifications are not
satisfactory to the commissioner, the commissioner may require such
person to submit to reexamination or to provide evidence of retained
proficiency. In addition, additional fees will be due as set forth in
this chapter.
Section 28-408.4.5
§28-408.4.5 Requirement for obtaining plate and/or seal. A holder of a
certificate of competence shall obtain:
1. A license, plate and seal upon establishing a master plumbing
business conforming to the requirements of this article and rules
promulgated by the department; or
2. A license and seal upon demonstrating employment with a city
agency. The license shall clearly state: "The bearer of this master
plumber license is a government employee and as such is not authorized
to engage in plumbing contract work outside of his/her government
employment and within such government employment shall only engage in
maintenance, replacement and repair plumbing work on existing
buildings." No plate shall be issued to a licensed master plumber
employed by a city agency.
Section 28-408.4.6
§28-408.4.6 Issuance. A certificate of competence or a license, plate,
and/or seal as a master plumber shall be issued only to an individual.
Section 28-408.4.7
§28-408.4.7 Duplication prohibited. Not more than one license, plate
and/or seal shall be issued to an individual and no individual shall
make or cause to be made a duplicate of such license, plate or seal.
Section 28-408.5
§28-408.5 Surrender of license, plate or seal. Upon the death or the
retirement of a licensed master plumber, or upon the surrender,
revocation or suspension of his or her license, his or her license,
plate and/or seal shall immediately be surrendered to the commissioner.
Nothing contained herein shall be construed to prevent the legal
representative of a deceased licensee, with the consent of the
commissioner, from retaining such plate and seal for the purpose of
completing all unfinished work of the deceased licensee for which plans
have been approved and a permit issued, provided such work is performed
by or under the direct and continuing supervision of a licensed master
plumber and is completed within one year from the date of the death of
the original licensee.
Section 28-408.6
§28-408.6 Master plumber business. No individual, corporation,
partnership or other business association shall conduct a plumbing
contracting business in the city of New York, or employ the name
"plumber" or "plumbing" in its business name unless such business is a
master plumber business as follows:
1. No less than 51 percent of the control and voting capital stock of
such entity is owned by one or more individuals who are licensed master
plumbers, except as otherwise provided;
2. All plumbing or gas piping work performed by such entity is
performed by or under the direct and continuing supervision of such
licensed master plumber;
3. The person in charge of such work is such licensed master plumber;
and
4. The persons actually performing such work are in the direct employ
of such master plumber business as authorized by the code.
Exception: A company, corporation, partnership or other business
association or its predecessor that was engaged in plumbing work prior
to January 25, 1990 may continue to do so in any one or more of such
business forms without complying with the foregoing, if (i) application
was made to the department prior to July 25, 1990, and (ii) necessary
evidence was furnished on or prior to January 25, 1991, that such
company, corporation, partnership or other business association or its
predecessor had employed an average of ten or more journeymen plumbers
doing plumbing work for at least five days a week for a period of 10
years or more out of the twenty years preceding July 25, 1990, provided,
that such plumbing business continues to have all plumbing work
conducted under the management and direct and continuing supervision of
a licensed master plumber in the direct employ of such plumbing business
and that such licensed master plumber is not otherwise interested in,
associated with or employed by any other plumbing business operating in
this city except as a joint venture in which such master plumber's
employer is one of the joint venturers.
Section 28-408.6.1
§28-408.6.1 Use. Nothing herein contained shall be construed to
prohibit the use of a master plumber license by the holder thereof for
or on behalf of a partnership, corporation or other business association
provided that such partnership, corporation or other business is a
master plumber business.
Section 28-408.6.2
§28-408.6.2 Identification. All business vehicles, advertising,
websites and stationery used in connection with a master plumber
business shall display prominently the full name of the licensee, the
words "N.Y.C. licensed plumber," the licensee's number and the
licensee's business address. If the business is conducted under a trade
name, or by a partnership or corporation, the trade name, partnership or
corporate name shall be placed immediately above the full name or names
of the licensed master plumber or licensed master plumbers to whom the
plates were issued.
Section 28-408.6.3
§28-408.6.3 Withdrawal of license. If a licensed master plumber
withdraws from a master plumbing business operating pursuant to such
individual's license, the right of the business to perform plumbing work
shall lapse if the provisions of this section 28-408.6 are no longer
satisfied. If a licensed master plumber's license is revoked or
suspended, such licensee will be deemed withdrawn from such business.
Section 28-408.6.4
§28-408.6.4 Ownership limitations. An individual who is a licensed
master plumber whose interest or ownership in a master plumber business
constitutes any portion of the 51 percent interest or control required
by this section 28-408.6 shall be prohibited from possessing an interest
or ownership in more than one other master plumber business at his or
her established place of business, where such interest or ownership
would constitute any portion of the 51 percent interest or control
required by this section 28-408.6. Both master plumber businesses in
which the individual who is a licensed master plumber has an interest
shall be located at the same place of business. For the purposes of this
section 28-408.6, where two or more individuals who are licensed master
plumbers possess an interest or ownership in any master plumber business
which together represents more than 51 percent of the interest or
control of such entity, all of such licensees shall be deemed to possess
a portion of the 51 percent interest or control required by this section
28-408.6.
Section 28-408.6.5
§28-408.6.5 Joint ventures. Nothing contained in this section 28-408.6
shall be construed to prevent a master plumber business from entering
into a joint venture of limited duration for a particular project with
another master plumber business. The terms of a joint venture must be in
writing, and documentation of the joint venture must be submitted to the
department for approval prior to the initiation of work under such
venture.
Section 28-408.6.6
§28-408.6.6 Supervision. The master plumber shall conduct his or her
business to provide direct and continuing supervision in accordance with
the provisions of this code.
Exception: The provisions of this section 28-408.6.6 shall not apply
to minor alterations or ordinary repairs, as defined in this code, or to
the installation or alteration of gas service piping and gas meter
piping, including meters, valves, regulators or related equipment, when
such work is to be performed, serviced and maintained by utility
corporations subject to the jurisdiction of the New York state public
service commission.
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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