Section 28-410.1
§28-410.1 Master fire suppression piping contractor license required.
It shall be unlawful for any person:
1. To perform fire suppression piping work unless such person is a
licensed master fire suppression piping contractor or working under the
direct and continuing supervision of a licensed master fire suppression
piping contractor except that a city employee who holds a license may
only perform replacement, maintenance and repair fire suppression piping
work on existing buildings in the course of his or her employment.
2. To use the title licensed master fire suppression piping
contractor, master fire suppression piping contractor or any other title
in such manner as to convey the impression that such person is a
licensed master fire suppression contractor unless such person is
licensed as such in accordance with the provisions of this article.
Section 28-410.2
§28-410.2 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 fire
suppression piping contractor performing the work and services shall
personally sign and seal all applications and other documents required
to be filed pursuant to the code.
Section 28-410.3
§28-410.3 Classification. There shall be three classes of licenses for
master fire suppression piping contractor:
1. Class A. The holder of a class A master fire suppression piping
contractor license is authorized to perform any work in connection with
any and all fire suppression piping systems as set forth in paragraphs 1
and 2 of the definition of fire suppression piping system in section
28-401.3.
2. Class B. The holder of a class B master fire suppression piping
contractor license is authorized to perform any work in connection with
any and all fire suppression piping systems as set forth in paragraph 1
of the definition of fire suppression piping system in section 28-401.3.
3. Class C. The holder of a class C master fire suppression piping
contractor license is authorized to perform any work in connection with
any and all fire suppression piping systems as set forth in paragraph 2
of the definition of fire suppression piping system in section 28-401.3.
Section 28-410.4
§28-410.4 Additional qualifications. Applicants for a master fire
suppression piping contractor license shall have the following
additional qualifications:
Section 28-410.4.1
§28-410.4.1 Experience. All applicants for a master fire suppression
piping contractor 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 fire suppression
piping systems under the direct and continuing supervision of a licensed
master fire suppression contractor in the United States with the class
of license for which application is made, with at least-two years of
such experience as a registered journeyman fire suppression piping
installer in accordance with the provisions of article 411, except that
during the three years immediately following the effective date of this
code there shall be no requirement for such registered journeyman fire
suppression piping installer 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 fire suppression piping
systems under the direct and continuing supervision of a licensed master
fire suppression piping contractor in the United States for the class of
license for which application is made, at least two of which 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 fire suppression piping systems in the United States for
the class of license for which application is made, 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 fire suppression piping systems under
the direct and continuing supervision of a licensed master fire
suppression piping contractor in the United States with the class of
license for which application is made. The balance of such required
experience may be obtained by performing maintenance, replacement and
repair of fire suppression work on existing buildings while in the
employ of a city agency under the direct and continuing supervision of a
licensed master fire suppression piping contractor supervisor employed
by the city agency with the class of license for which application is
made. Three years after the effective date of this article the two years
of experience in the design and installation of fire suppression piping
systems set forth above may only be satisfied by working as a registered
journeyman fire suppression piping installer.
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 this the New
York city plumbing code and/or other laws relating to the installation,
alteration or repair of fire suppression piping 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 fire suppression piping systems under
the direct and continuing supervision of a licensed fire suppression
piping, contractor in the United States except that the requirement of
paragraph 1 of this section 28-410.4.1 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 28-410.4.2
§28-410.4.2 Armed services. Applicants who were engaged in fire
suppression piping work prior to entering the armed services of the
United States shall be permitted to credit their time in the service as
experience in the fire suppression piping business, as above provided;
but such service credit shall not exceed one-third of the time required
for experience.
Section 28-410.5
§28-410.5 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 28-410.5.1
§28-410.5.1 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
article for a license, upon payment of the fee. Such certificate shall
contain the full name of the individual and a certificate number, and
shall be signed by the commissioner.
Section 28-410.5.2
§28-410.5.2 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 28-410.5.3
§28-410.5.3 Plate and/or seal required. The holder of a certificate of
competence shall not be entitled to perform work or hold himself or
herself out to perform work as a licensed master fire suppression piping
contractor 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 fire suppression piping system other
than an employment agreement with a master fire suppression piping
business or a city agency.
Section 28-410.5.4
§28-410.5.4 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 fire suppression
piping systems in the United States under the direct and continuing
supervision of a licensed master fire suppression piping contractor. 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 28-410.5.5
§28-410.5.5 License plate and/or seal. A holder of a certificate of
competence or an applicant who has satisfied all requirements for a
master fire suppression piping contractor license shall obtain:
1. A license, plate and seal upon establishing a fire suppression
piping contracting business conforming to the requirements of this
article and any 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
fire suppression piping contractor license is a government employee and
as such is not authorized to engage in fire suppression piping contract
work outside of his/her government employment and within such government
employment shall only engage in maintenance, replacement and repair fire
suppression piping work on existing buildings." No plate shall be issued
to a licensed master fire suppression piping contractor employed by a
city agency.
Section 28-410.5.6
§28-410.5.6 Issuance. A certificate of competence or a license, plate
and/or seal as a master fire suppression piping contractor shall be
issued only to an individual.
Section 28-410.5.7
§28-410.5.7 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 28-410.6
§28-410.6 Waiver of examinations. Any license issued without
examination pursuant to an application filed prior to July 25, 1990
pursuant to the provisions of law in effect prior to the effective date
of this code that has not lapsed as of the effective date of this code,
shall be renewable pursuant to the provisions of this code.
Section 28-410.7
§28-410.7 Surrender of license, plate and/or seal. Upon the death or
the retirement of a licensed master fire suppression piping contractor,
or upon the surrender, revocation or suspension of his or her license,
his or her license, plate and 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 such 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
fire suppression piping contractor and is completed within one year from
the date of the death of the original licensee.
Section 28-410.8
§28-410.8 Master fire suppression piping contractor business required.
No individual, corporation, partnership or other business association
shall conduct a fire suppression piping contracting business in the city
of New York, or employ the name "fire suppression piping" in its
business name, unless the business is a master fire suppression 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
fire suppression piping contractors, except as otherwise provided; and
2. All fire suppression piping work performed by such entity is
performed by or under the direct and continuing supervision of such
licensed master fire suppression piping contractor;
3. The person in charge of such work is such licensed master fire
suppression piping contractor; and
4. The persons actually performing such work are in the direct employ
of such master fire suppression piping contractor business as authorized
by the code.
Exception: A company, corporation, partnership or other business
association or its predecessor that was engaged in fire suppression
piping contractor 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 10 or
more journeymen doing fire suppression piping contractor work for at
least five days a week for a period of ten years or more out of the 20
years preceding July 25, 1990, provided, that such business continues to
have all fire suppression piping contractor work conducted under the
management and direct and continuing supervision of a licensed master
fire suppression contractor in the direct employ of such business and
that such licensed master fire suppression contractor is not otherwise
interested in, associated with or employed by any other licensed master
fire suppression contracting business operating in this city except as a
joint venture in which such licensed master fire suppression
contractor's employer is one of the joint venturers.
Section 28-410.8.1
§28-410.8.1 Use. Nothing herein contained shall be construed to
prohibit the use of a master fire suppression piping contractor 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 fire suppression piping contractor
business.
Section 28-410.8.2
§28-410.8.2 Identification. All business vehicles, advertising,
websites and stationery used in connection with a master fire
suppression piping contractor business shall display prominently the
full name of the licensee, the words "N.Y.C. licensed fire suppression
piping contractor class - A, B or C," 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 fire suppression piping contractor or licensed
master fire suppression piping contractors to whom the plates were
issued.
Section 28-410.8.3
§28-410.8.3 Withdrawal of licensee. If a licensed master fire
suppression piping contractor withdraws from a master fire suppression
piping contractor business operating pursuant to such individual's
license, the right of the business to perform fire suppression piping
work shall lapse if the provisions of this article are no longer
satisfied. If a licensed master fire suppression piping contractor's
license is revoked or suspended, such licensee will be deemed withdrawn
from such business.
Section 28-410.8.4
§28-410.8.4 Ownership limitations. An individual who is a licensed
master fire suppression piping contractor whose interest or ownership in
a master fire suppression piping contractor business constitutes any
portion of the 51 percent interest or control required by this section
28-410.8 shall be prohibited from possessing an interest or ownership in
more than one other fire suppression piping contractor 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 28-410.8. Both fire suppression piping
contractor businesses in which the individual who is a licensed master
fire suppression piping contractor has an interest shall be located at
the same place of business. For the purposes of this section 28-410.8,
where two or more individuals who are licensed master fire suppression
piping contractors possess an interest or ownership in any master fire
suppression piping contractor business which together represents more
than fifty-one 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 28-410.8.
Section 28-410.8.5
§28-410.8.5 Joint ventures. Nothing contained in this section 28-410.8
shall be construed to prevent a master fire suppression piping
contractor business from entering into a joint venture of limited
duration for a particular project with another master fire suppression
piping contractor 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 28-410.8.6
§28-410.8.6 Supervision. The master fire suppression piping contractor
shall conduct his or her business to provide direct and continuing
supervision in accordance with the provisions of this article.
Exception: The provisions of this section 28-410.8.6 shall not apply
to minor alterations or ordinary repairs, as defined in this code,
and/or to maintenance of a fire suppression piping system.
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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