§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 fire suppression piping contracting business is owned by one or more individuals who are licensed master fire suppression piping contractors who cannot be terminated from the fire suppression piping contracting business by any person or entity, 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.

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.

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.

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.

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 allowed to possess an interest or ownership in only one other fire suppression piping contractor 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 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 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 28-410.8.

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.

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.