Section 28-418.1
§28-418.1 Requirement of registration. On and after November 1, 2008
it shall be unlawful for a person to conduct business as a general
contractor unless such person holds a general contractor registration in
accordance with the provisions of this article.
Section 28-418.1.1
§28-418.1.1 Expiration of registration. A general contractor
registration shall expire on the third anniversary of such registration
or such other date as determined by the commissioner by rule so as to
distribute the expiration dates of the registrations evenly over the
course of a year.
Section 28-418.2
§28-418.2 Unlawful use of general contractor title. On and after
November 1, 2008 it shall be unlawful to use or cause to be used the
title registered general contractor or any other title in a manner as to
convey the impression that an individual, corporation, partnership or
other business entity, or any person it employs, is a registered general
contractor, unless such individual, corporation, partnership or other
business entity is registered in accordance with the provisions of this
article.
Section 28-418.3
§28-418.3 Application requirements. An application for a general
contractor registration or renewal shall be made in writing to the
commissioner on a form provided by the department and shall be
accompanied by the following:
1. If the applicant is an individual: the applicant's full name,
residence address, business address and business telephone number;
2. If the applicant is a corporation:
2.1. The corporate name, address and telephone number of the
applicant's principal office or place of business;
2.2. The date and state of incorporation;
2.3. The name, residence address and residence telephone number of
all corporate officers and registered agents and any person
owning an interest of ten percent or more in the corporation;
2.4. Proof that the corporation is in good standing under the laws
of the state of New York;
3. If the applicant is a partnership:
3.1. The name, address and telephone number of the applicant's
principal office or place of business;
3.2. The name, residence address and residence telephone number of
all partners;
4. The registration fee;
5. A verified statement that the applicant is financially solvent;
6. The name and address of the principal location from which the
applicant has engaged in the business of general contracting at any
time within the last five years;
7. If the applicant is not a sole proprietor, proof that the applicant
is authorized to do business in the state of New York;
8. Proof of insurance as required by section 28-401.9;
9. The name and address of the officer, principal or director of the
applicant who is primarily responsible for the registrant's
compliance with the requirements of this code or any rule adopted
thereunder;
10. Any other information that the commissioner may require.
Section 28-418.3.1
§28-418.3.1 Financial solvency. For the purposes of this article,
financial solvency shall mean that the applicant's operating capital
shall exceed twenty-five thousand dollars.
Section 28-418.4
§28-418.4 Warranties. A warranty shall be provided to the buyer of a
new one-, two- or three-family structure that accords with the
provisions of article thirty-six-B of the New York state general
business law, including the following:
1. One year from and after the warranty date the home will be free
from defects due to a failure to have been constructed in a
skillful manner;
2. Two years from and after the warranty date the plumbing,
electrical, heating, cooling and ventilation systems of the home
will be free from defects due to a failure by the builder to have
installed such systems in a skillful manner; and
3. Six years from and after the warranty date the home will be free
from material defects, including, but not limited to, any
construction that is not in compliance with the building code or
the zoning resolution of the city of New York.
Section 28-418.4.1
§28-418.4.1 Modification prohibited. Except as otherwise provided in
section seven hundred seventy-seven-b of such article thirty-six-B, no
such warranty shall be modified or excluded in any way.
Section 28-418.5
§28-418.5 Duties and responsibilities. The general contractor shall
comply with sections 28-418.5.1 through 28-418.5.3.
Section 28-418.5.1
§28-418.5.1 Subcontractor information. The general contractor shall be
responsible for providing information to the department about his or her
subcontractors and the particular work they perform on jobs for which
the department has issued permits to the general contractor. Such
information shall be provided in a format and at the times specified in
the rules of the department.
Section 28-418.5.2
§28-418.5.2 Technical reports. The general contractor shall maintain
at the work site such technical reports as specified in the rules of the
department and shall make such reports available to department personnel
on request.
Section 28-418.5.3
§28-418.5.3 Notice of pending disciplinary actions. The general
contractor shall notify all of its suppliers of any pending suspension
or revocation actions against such general contractor and shall provide
an affidavit to the department stating that this notification has been
made.
Section 28-418.6
§28-418.6 Posting of disciplinary actions. The names of all general
contractors whose registration was suspended or revoked after an OATH
decision shall be posted on the department's website.
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.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.