Article 408 Master Plumber License

It shall be unlawful for any person:

1. To perform plumbing work unless such person is a licensed master plumber or working under the direct and continuing supervision of a licensed master plumber except that a city employee who holds a master plumber license may only perform replacement, maintenance and repair plumbing work on existing buildings in the course of his or her employment.
2. To use the title licensed master plumber, master plumber or any other title in such manner as to convey the impression that such person is a licensed master plumber 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 plumber performing the work and services shall personally sign and seal all applications and other documents required to be filed pursuant to this code.

Applicants for a master plumber license shall have the following additional qualifications:

All applicants for a master plumber 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 plumbing systems under the direct and continuing supervision of a licensed master plumber in the United States, with at least two years of such experience as a registered journeyman plumber in accordance with the provisions of article 409, except that during the three years immediately following July 1, 2008, there shall be no requirement for such registered journeyman plumber experience;
2. Has received a bachelor's degree in mechanical 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 design and installation of plumbing systems under the direct and continuing supervision of a licensed master plumber in the United States, where at least two years of such experience 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 plumbing systems under the direct and continuing supervision of a licensed master plumber in the United States, 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 plumbing systems under the direct and continuing supervision of a licensed master plumber in the United States. The balance of such required experience may be obtained by performing maintenance, replacement and repair plumbing work on existing buildings while in the employ of a city agency under the direct and continuing supervision of a licensed master plumber supervisor employed by the city agency. Three years after July 1, 2008 the two years experience in the planning or design, and installation, of plumbing systems set forth above may only be satisfied by working as a registered journeyman plumber; 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 the New York city plumbing code and/or other laws relating to the installation, alteration or repair of plumbing 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 plumbing systems under the direct and continuing supervision of a licensed master plumber in the United States except that the requirement of paragraph 1 of this section 28-408.3.1 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 plumbing work as above provided prior to entering the armed services of the United States shall be permitted to credit their time in the service as experience in the plumbing 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 chapter for a license, upon payment of the fee. Such certificate shall contain the full name of the individual and a certificate number, the date of issuance, 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 shall not be entitled to perform work or hold himself or herself out to perform work as a licensed master plumber 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 plumbing, gas piping, or any piping system, other than an employment agreement with a master plumber 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 planning or the design, and installation, of plumbing systems in the United States under the direct and continuing supervision of a licensed master plumber. 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 plumber license shall obtain:

1. A license, plate and/or seal issued upon establishing a master plumbing business conforming to the requirements of this article and rules promulgated by the department; or
2. A license and seal issued upon demonstrating employment with a city agency. The license shall clearly state: "The bearer of this master plumber license is a government employee and as such is not authorized to engage in plumbing contract work outside of his/her government employment and within such government employment shall only engage in maintenance, replacement and repair plumbing work on existing buildings." No plate shall be issued to a licensed master plumber employed by a city agency.

A certificate of competence or a license, plate, and/or seal as a master plumber 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.

Upon the death or the retirement of a licensed master plumber, or upon the surrender, revocation or suspension of his or her license, his or her license, plate and/or 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 the 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 plumber 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 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.