Article 410 Master Fire Suppression Piping Contractor License

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 piping contractor unless such person is licensed as such in accordance with the provisions of this article.

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.

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.

Applicants for a master fire suppression piping contractor license shall have the following additional qualifications:

All applicants for a master fire suppression piping contractor license shall submit satisfactory proof establishing that the applicant:

1. Has at least seven years total experience within the 10 years prior to application in the planning or 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, 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 July 1, 2008, there shall be no requirement for such registered journeyman fire suppression piping installer experience;
2. Has received a bachelor's degree in mechanical engineering, fire protection engineering or appropriate engineering technology from an accredited college or university and has at least five years total experience within the seven years prior to application in the planning or 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 planning or 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;
4. Has at least seven years total experience within the 10 years prior to application, with at least two years of such experience working in the planning or 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 piping 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 planning or 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; or
5. Has experience as 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 which shall be credited for 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 (2¹/₂) years credit of satisfactory experience. The balance of the required seven years must have been obtained by working in the planning or 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.

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.

The commissioner shall issue a certificate of competence, license, plate and/or seal in accordance with the following:

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.

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.

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.

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 planning or 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.

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.

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.

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.

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 July 1, 2008 that has not lapsed as of July 1, 2008, shall be renewable pursuant to the provisions of this code.

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.

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.