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Section 116 Expeditor Registration Certificates

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116.1 Registration
No person may submit, file, request, negotiate or otherwise seek approval of applications for issuance of permits, or other approvals, including approval of design and installation documents, without first having obtained an expeditor registration certificate in accordance with this section and the rules. It shall be unlawful to hold oneself out to the public or otherwise represent that one is "registered with the fire department," "registered" or make any similar representation in such a manner as to convey the impression that such person is registered with the department unless such person is registered in accordance with this section.
Exceptions: The following persons are exempt from the provisions of this section:
  1. Any person or entity making application on his, her or its own behalf. If the applicant is a partnership or corporation, the general partners and principal officers thereof shall be included within this exception. Principal officers of a corporation shall include the president, vice presidents, secretary and treasurer.
  2. The occupants of a premises that is the subject of the application, if authorized by the owner to file the application.
  3. Registered architects licensed by the New York State Department of Education.
  4. Professional engineers licensed by the New York State Department of Education.
  5. Attorneys admitted to practice in New York State.
  6. Plumbers when such application relates to work performed under their license.
  7. Master fire suppression piping contractors licensed by the Commissioner of Buildings, when such application relates to work performed under their license.
  8. Master electricians licensed by the Commissioner of Buildings, when such application relates to work performed under their license.
  9. Certificate of license holders, when such application relates to work performed under their license.
  10. FLS director and FEP coordinator certificate of fitness holders when the application relates to the emergency preparedness plan of the building for which they are registered.
  11. Managing agents registered with the New York City Department of Housing Preservation and Development or the New York State Secretary of State.
  12. Construction site fire safety managers when the application relates to fire safety at a construction site for which such certificate holder provides supervision.
  13. Persons holding a certificate of fitness for professional certification of fire alarm and emergency alarm installations and testing.
116.2 Applications
Applications for new or renewal expeditor registration certificates required by FC116.1 shall be made to the commissioner, in such form and detail as the commissioner may prescribe, including such information and documentation as the commissioner may require.
116.3 Investigation
Applicants are subject to an investigation by the department in connection with their application and their qualifications and fitness for the certificate.
116.4 Fingerprinting
The commissioner may require fingerprinting and a criminal background check for a certificate for purposes authorized by law.
116.5 Issuance
The commissioner may grant an application for a certificate upon a determination that the applicant possesses all of the qualifications for such certificate, as set forth in the code and the rules, qualifying the applicant to appear before the department to submit, file, request, negotiate or otherwise seek approval of applications for issuance of permits, or other approvals.
116.5.1 Term of Certificate
Every certificate or renewal thereof granted by the commissioner shall be for a period as specified therein, not to exceed 2 years, and shall expire at the end of such period unless the commissioner approves its renewal.
116.5.2 Time for Submission of Renewal Applications
Applicants may apply for renewal during the period from 60 calendar days prior to a certificate's expiration date to not more than 1 year after such date. The commissioner shall not renew certificates that have been expired for more than 1 year. Persons holding such certificates must apply for an original certificate and comply with all of the original certificate requirements.
116.5.3 Renewal
Certificate renewals shall be at the discretion of the commissioner in the interest of public safety based on a review of the certificate holder's qualifications and fitness.
116.6 Expired Certificates
It shall be unlawful to engage in the business authorized by a certificate when the term of such certificate has expired.
116.7 Certificate Revocation and Suspension
The commissioner may, at any time, revoke or suspend a certificate for misconduct or other good cause. The certificate holder shall be afforded notice and an opportunity to be heard prior to any such suspension or revocation except that, in the circumstance of an imminent threat to public safety, such notice and opportunity to be heard may be given promptly after such revocation or suspension.

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