§28-408.6 Master Plumber Business

No individual, corporation, partnership or other business association shall conduct a plumbing contracting business in the city of New York, or employ the name "plumber" or "plumbing" in its business name unless such business is a master plumber business as follows:

1. No less than 51 percent of the control and voting capital stock of such plumbing contracting business is owned by one or more individuals who are licensed master plumbers who cannot be terminated from the public contracting business by any person or entity, except as otherwise provided;
2. All plumbing or gas piping work performed by such entity is performed by or under the direct and continuing supervision of such licensed master plumber;
3. The person in charge of such work is such licensed master plumber; and
4. The persons actually performing such work are in the direct employ of such master plumber business as authorized by the code.

Exception: A company, corporation, partnership or other business association or its predecessor that was engaged in plumbing 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 ten or more journeymen plumbers doing plumbing work for at least five days a week for a period of 10 years or more out of the twenty years preceding July 25, 1990, provided, that such plumbing business continues to have all plumbing work conducted under the management and direct and continuing supervision of a licensed master plumber in the direct employ of such plumbing business and that such licensed master plumber is not otherwise interested in, associated with or employed by any other plumbing business operating in this city except as a joint venture in which such master plumber's employer is one of the joint venturers.

Nothing herein contained shall be construed to prohibit the use of a master plumber 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 plumber business.

All business vehicles, advertising, websites and stationery used in connection with a master plumber business shall display prominently the full name of the licensee, the words "N.Y.C. licensed plumber," 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 plumber or licensed master plumbers to whom the plates were issued.

If a licensed master plumber withdraws from a master plumbing business operating pursuant to such individual's license, the right of the business to perform plumbing work shall lapse if the provisions of this section 28-408.6 are no longer satisfied. If a licensed master plumber's license is revoked or suspended, such licensee will be deemed withdrawn from such business.

An individual who is a licensed master plumber whose interest or ownership in a master plumber business constitutes any portion of the 51 percent interest or control required by this section 28-408.6 shall be allowed to possess an interest or ownership in only one other master plumber business, where such interest or ownership would constitute any portion of the 51 percent interest or control required by this section 28-408.6. Both master plumber businesses in which the licensed master plumber has an interest shall be located at the same place of business. For the purposes of this section 28-408.6, where two or more individuals who are licensed master plumbers possess an interest or ownership in any master plumber 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 28-408.6.

Nothing contained in this section 28-408.6 shall be construed to prevent a master plumber business from entering into a joint venture of limited duration for a particular project with another master plumber 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 plumber shall conduct his or her business to provide direct and continuing supervision in accordance with the provisions of this code.

Exception: The provisions of this section 28-408.6.6 shall not apply to minor alterations or ordinary repairs, as defined in this code, or to the installation or alteration of gas service piping and gas meter piping, including meters, valves, regulators or related equipment, when such work is to be performed, serviced and maintained by utility corporations subject to the jurisdiction of the New York state public service commission.