Chapter 4 Licensing and Registration of Businesses, Trades and Occupations Engaged in Building Work

This chapter shall apply to the licensing and registration of businesses, trades and occupations engaged in building work regulated by this code.

The provisions of this article shall apply to all licenses issued by the department pursuant to this chapter. All applicants and licensees shall comply with the provisions of this article as well as the specific requirements applicable to the particular license as set forth in other articles of this chapter.

As used in this chapter the following terms shall have the following meanings unless the context or subject matter requires otherwise.

**Section 28-401.3 was amended by NYS Laws of 2019 Chapter 750 and NYS Laws of 2020 Chapter 55. These laws have an effective date of January 1, 2022.

CERTIFICATE OF COMPETENCE. A certificate issued by the department to an individual representing that such individual has completed all requirements for the master plumber or master fire suppression piping contractor license but has not obtained a seal or plate; and that such certificate of competence has been renewed as required and is currently in effect. The certificate of competence shall bear the name of the holder and the certificate number. The holder of a certificate of competence is not a licensed master plumber or licensed master fire suppression piping contractor and may practice the trade for which the certificate is issued only under the direct and continuing supervision of a licensed master plumber or licensed master fire suppression piping contractor or, with respect to a city employee under the direct and continuing supervision of a supervising licensed master plumber or licensed master fire suppression piping contractor.

CITY AGENCY. A city, county, borough, or other office, position, administration, department, division, bureau, board or commission, or a corporation, institution or agency of government, the expenses of which are paid, in whole or in part, from the city treasury.

COMBINED STANDPIPE SYSTEM. A standpipe to which a sprinkler system is connected or is being connected.

DIRECT AND CONTINUING SUPERVISION. Responsible control exercised by a licensed individual, either personally or through one or more, but no more than three, levels of competent supervision over individuals performing the actual work of the licensees trade who are (i) in the direct employ of an individual who is a licensee, or (ii) in the direct employ of the city agency employing the licensee or (iii) in the direct employ of a business employing the licensee, as allowed by the department, or (iv) where the licensee uses his or her license on behalf of a business, in the direct employ of such business provided that such business is disclosed to the department pursuant to this chapter. Such control shall be evidenced by such licensee's signature, and seal where applicable, upon any required statements, applications and/or permits and by demonstrating involvement of the licensee in the operations of the business, including hiring of employees, responsibility for financial matters, and oversight of work performance. Direct and continuing supervision includes field inspection, supervision of job sites, and the maintenance of records of such supervision and such other requirements as the commissioner may prescribe by rule for a particular license type.

DIRECT EMPLOY. An individual is in the direct employ of a licensee or business or a city agency when such individual is on the payroll of such licensee or business or city agency and under the usual common law rules applicable in determining the employer-employee relationship has the status of an employee. The work performed by such employee shall not exceed the class of license held by the licensee. Direct employment shall be evidenced by payroll records, such as social security payments, income tax withholding or the disbursement of other funds as required by law for the benefit of such employee, timekeeping records, such as time cards and sign-in sheets, work orders, and assignment or route logs.

ELEVATOR AGENCY. An approved agency authorized by the commissioner to perform elevator work and to inspect and test elevators, escalators and other conveying equipment regulated by this code.

ELEVATOR AGENCY HELPER. An individual having required qualifications to perform elevator work, as defined in this chapter, under the direct and continuing supervision of an elevator agency director.

ELEVATOR WORK. Alteration, assembly, installation, maintenance, repair, replacement and modernization work, as defined by ASME A17.1 as modified by appendix K of the New York city building code, performed on conveyances regulated by this code or other applicable laws or rules. Elevator work does not include material hoists, platform lifts, stair chair lifts, or personnel hoists. Outfitting, removal, refinishing, or replacement of interior finishes, including wall panels, drop ceilings, handrails and flooring, removal or replacement of interior lighting, recladding of doors, transoms and front return panels, finishing or ornamental work on elevator car operating panels shall not be considered elevator work. Operation of an elevator by any person employed as an operator of such elevator, including operation of an elevator operating under a temporary certificate of occupancy as issued by the department of buildings or such other issuing agency shall not be considered elevator work.

FIRE SUPPRESSION PIPING WORK. The installation, maintenance, repair, modification, extension, or alteration or testing of afire suppression piping system in any building in the city of New York.

FIRE SUPPRESSION PIPING SYSTEM. Any system including any and all equipment and materials in connection therewith, with the exception of any electrical components that must be installed by a licensed electrician pursuant to the New York city electrical code, the purpose of which is to control, contain, suppress or extinguish fire and shall include:

1. The systems, materials and equipment described or referred to in this code (with the exception of any electrical components that must be installed by a licensed electrician pursuant to the New York city electrical code) which systems, materials or equipment shall include any standpipe system to which a sprinkler system is or is now being connected; provided, however, that such systems, materials or equipment shall not include any systems, materials or equipment constituting plumbing work, with the exception of up to thirty sprinkler heads off the domestic water in any one building; or
2. Any dry, liquid or gaseous chemical fire containment, suppression, control or extinguishing system or any other device or means of control, suppression, containment or extinguishing of fire (with the exception of any electrical components that must be installed by a licensed electrician pursuant to the New York city electrical code) but not including portable fire extinguishers.

GENERAL CONTRACTOR. An individual, corporation, partnership or other business entity that applies for a permit pursuant to this code to construct a new residential structure containing no more than three dwelling units. The term "general contractor" shall not be construed to include an individual, corporation, partnership or other business entity that holds a license pursuant to this code or subchapter twenty-two of chapter two of title twenty of the administrative code, and enters into a contract to perform work exclusively within the scope of such license, nor shall it include an individual who constructs a residential structure containing no more than three dwelling units for his or her own occupancy, or any subcontractors working for the general contractor.

HIGH-PRESSURE BOILER. A boiler that carries a pressure of more than fifteen pounds of steam per square inch and is rated in excess of ten horsepower, or that produces hot water over a pressure of one hundred sixty pounds per square inch or at a temperature over 250°F (121°C).

LICENSE. A license, registration, certification or other evidence, issued by the department pursuant to this chapter, representing that an individual, a sole proprietorship, partnership, corporation, business association or other person meets the qualifications and requirements as set out in this chapter and in the rules of the department and is authorized to engage in the particular trade, occupation or business as indicated on the license and representing that such license, with associated plate and/or seal, where applicable, has been renewed as required and is currently in effect. The license shall bear the holder's full name, the type of license, the license class, where applicable, the license number and any restrictions relating to the use of such license. Such term shall not include a certificate of competence.

LICENSE BOARD OR BOARD. A panel of trade practitioners and others appointed by the commissioner as provided herein and in rules promulgated by the commissioner with the purpose of advising the commissioner regarding the character and fitness of applicants for a license or certificate of competence, allegations of illegal practices by persons licensed, or other matters as the commissioner may see fit.

LICENSED MASTER FIRE SUPPRESSION PIPING CONTRACTOR, MASTER FIRE SUPPRESSION PIPING CONTRACTOR. An individual who has satisfied the requirements of this chapter for the master fire suppression piping contractor license, who has been issued a license, plate and/or seal, and who is authorized under the provisions of this chapter to perform fire suppression piping work in the city of New York, according to the classification of license held. A master fire suppression piping contractor licensee shall practice his or her trade in association with a master fire suppression piping contractor business or as an employee of a city agency.

LICENSED MASTER PLUMBER, MASTER PLUMBER. An individual who has satisfied the requirements of this chapter for the master plumber license, who has been issued a license, plate and/or seal, and who is authorized under the provisions of this chapter to perform plumbing work in the city of New York. A master plumber licensee shall practice his or her trade in association with a master plumber business or as an employee of a city agency.

PLATE. A plaque issued by the department to a master plumber or a master fire suppression piping contractor setting forth the licensee's name and number, the class of license and the master plumber business or master fire suppression piping contractor business operating pursuant to the plate, and displayed prominently and conspicuously on view to the public at the place of business registered with the department. The plate is the property of the department and is not transferable by the licensee.

PLUMBING WORK. The installation, maintenance, repair, modification, extension or alteration of plumbing, standpipe where a sprinkler is not connected or is not now being connected, domestic water, connections to the domestic water, combination domestic water and reserve standpipe supply tank up to and including the roof tank check valve, gas piping or any piping system referred to in the New York city plumbing code, and/or up to thirty sprinkler heads off the domestic water in any building in the city of New York.

SAFETY REGISTRATION RECIPIENT. An individual, corporation, partnership or other business entity that applies for a permit to perform or performs, or supervises any work that requires the filing under this code of an application for (i) a new building permit; (ii) an alteration permit for work that involves a vertical or horizontal enlargement in excess of twenty-five percent of the floor area of an existing building; (iii) an alteration permit for work that involves the addition of three or more stories to an existing building; (iv) an alteration permit for work that involves alteration or demolition of more than fifty percent of the floor area of an existing building; (v) an alteration permit where the work will result in the removal of one or more floors of an existing structure; (vi) a demolition permit; or (vii) an individual, corporation, partnership or other business entity that places concrete in a building or building site in connection with excavations, foundations or superstructures, including but not limited to the placement of concrete in steel structures, where the concrete portion of the project involves the pouring of a minimum of two thousand cubic yards of concrete or such other amount as determined by rule.

SEAL. Emblem issued by the department to a licensee that allows the licensee to stamp documents required by this code to be signed and sealed. The seal shall bear the full name of the licensee, the license type, the license class, where applicable, and the license number. The seal is the property of the department and is not transferable by the licensee. For applications and other documents submitted electronically, the digital signature and imprint of the seal may be submitted in a manner authorized by the commissioner.

SIGN. A sign as defined in section 12-10 of the zoning resolution.

TOTAL BOOM. A boom including jibs and other extensions.

It shall be unlawful for any person to engage in or carry on in the city any business, trade or occupation regulated by this chapter or to hold himself or herself out as authorized to engage in or carry on such activity, without having first obtained a license from the commissioner in accordance with and subject to the provisions of this chapter and the rules of the department. A license issued by the department for any such business, trade or occupation prior to July 1, 2008 shall remain in full force and effect until the expiration or termination thereof in accordance with the terms thereof, unless sooner revoked or suspended for cause as hereinafter provided. Any renewal of such license shall be in accordance with the provisions of this code.

Every application for a license or certificate of competence shall be made in such form and shall be accompanied by such information as the commissioner may prescribe, and by the required fee. It is a condition of the license or certificate of competence that information in the application be kept correct and current. Any change in required information shall be reported to the department within fourteen days after any change prior to issuance of the license or certificate of competence or within thirty days after any change following issuance.

All applicants for a license or certificate of competence shall be at least 18 years of age, shall be able to read and write the English language, shall be of good moral character, shall be fit to perform work authorized by the particular license or certificate of competence, and shall meet additional qualifications that may be prescribed for the particular license or certificate of competence. The department may refuse to qualify an applicant if it has found that the applicant violated any law, rule, or regulation of the department resulting in the suspension or revocation of a department issued license.

Except as otherwise specified for the particular license type, applicants for a license shall be required to take an examination in accordance with the rules of the department. Every applicant shall commence the license application process with the department within one year of passing the examination for licensure and shall furnish to the department a completed license application within one year of submission of the first filing. Failure to provide all requested documents in a timely manner will constitute an incomplete application and will result in denial of the license.

Every applicant for a license or certificate of competence shall submit to investigation as directed by a governmental entity in order to determine the applicant's character and fitness. The applicant shall furnish the department with payment for the actual cost of conducting the background investigation. Failure to provide all requested and completed documents or any other information necessary for completion of the investigation in a timely fashion will constitute an incomplete application and will result in a denial of the license or certificate of competence.

Except as noted otherwise for a particular license, or exempted by the commissioner pursuant to rule, prior to the issuance of a license, or during the renewal thereof, the applicant shall file with the department satisfactory evidence of a commercial general liability insurance policy in the amount of one million dollars or such other amount as the commissioner may require together with satisfactory evidence of compliance with the workers' compensation law and the disability benefits law. Required insurance shall be maintained for the duration of the license and any changes in coverage, insurance renewals, or policy status shall be provided to the department in accordance with department rules.

The commissioner shall issue a license or certificate of competence to each applicant who shall have submitted satisfactory evidence of his or her qualifications, and shall have satisfactorily passed all required examinations and investigations, provided that no license or certificate of competence shall be issued unless and until the applicant shall have paid the required fee and complied with such other and further requirements for the particular license or certificate of competence as may be set forth in this chapter and in rules promulgated by the department. All licenses or certificates of competence issued by the commissioner shall have his or her signature affixed thereto; but the commissioner may authorize any subordinate to affix such signature. For licenses that require a plate and/or the application of a seal, the plate and/or seal shall be issued with the license except as provided otherwise in this chapter. The license, plate and seal are the property of the department and are not transferable by the licensee. No licensee shall make or cause to be made duplicates of a department-issued license, plate or seal. The loss or theft of a license, plate or seal must be reported to the department within five calendar days.

All licenses issued by the commissioner for which an examination is required shall expire three years from the date of issuance thereof, and may be renewed every three years thereafter without examination. The commissioner shall have authority to stagger the issuance of licenses for three-year terms. All licenses not requiring examination shall expire one year from the date of issuance thereof, and may be renewed each year thereafter except as otherwise noted for a specific license.

Applications for renewal of a license or certificate of competence shall be accompanied by the renewal fee and such additional information as the commissioner may require, and shall be made at least 30 calendar days but not more than 60 calendar days prior to the expiration date of same. Applicants shall provide evidence satisfactory to the department that he or she is fit to perform the work authorized by the particular license as provided by department rule. Applications for renewal are subject to investigation by the department. The failure of an individual to renew his or her license or certificate of competence shall have the effect of cancellation of the license or certificate of competence upon expiration, and the holder of a plate and/or seal issued by the department shall immediately surrender such plate and/or seal to the department. A person who fails to renew a license or certificate of competence within the time period set forth in this section 28-401.12 may apply for late renewal or reinstatement of such license pursuant to section 28-401.13. The department may, following notice and an opportunity to be heard, refuse to renew a license or certificate of competence on any grounds on the basis of which it could deny, suspend or revoke such license.

If a license or certificate of competence expires, the individual may apply for late renewal of the license or certificate of competence, within one year of the date of its expiration without examination but subject to applicable late renewal fee. Thereafter, and up to five years after the date of expiration, the commissioner may reinstate the license or certificate of competence without examination upon the applicant's demonstration to the commissioner's satisfaction of continued competence in the respective trade and satisfaction of any applicable continuing education requirements but subject to applicable late renewal and reinstatement fees. Applicants for late renewal and reinstatement shall provide evidence satisfactory to the department that he or she is fit to perform the work authorized by the particular license as provided by department rule. A license or certificate of competence shall not be reinstated after five years from date of expiration. The department may refuse to reinstate a license or certificate of competence on any grounds on the basis of which it could deny, suspend or revoke such license.

The commissioner may promulgate rules to require applicants for the renewal of licenses or certificate of competence to complete a prescribed number of hours of continuing education courses approved by the department within the term preceding the application for renewal and to provide proof of same in a form acceptable to the department. Such proof, when required, shall be submitted with the application for renewal.

LICENSE TYPE	INITIAL FEE	RENEWAL FEE	ADDITIONAL FEES
Master rigger license.	$200	$150 triennially	Late-renewal fee: $50 Reissuance fee: $50
Special rigger license.	$100	$75 triennially	Late-renewal fee: $50 Reissuance fee: $50
Basic hoisting machine operator license (Class A).	$150	$150 triennially	Late-renewal fee: $50 Reissuance fee: $50
Basic hoisting machine operator license with endorsement to operate hoisting machinery without limitation or restriction (Class B).	$200	$150 triennially	Late-renewal fee: $50 Reissuance fee: $50
Special hoisting machine operator license (Class C).	$100	$75 triennially	Late-renewal fee: $50 Reissuance fee: $50
Concrete testing laboratory license.	$100	$75 annually	Late-renewal fee: $50 Reissuance fee: $50
Welder license.	$50	$45 triennially	Late-renewal fee: $50 Reissuance fee: $50
Master plumber license (certificate of competence).	$200	$150 triennially	Late-renewal fees: Up to 30 days late, $50; From 31 days to five years late, $100 for each year or part thereof. Reissuance fee: $50
Master plumber license plate.	$75	$100 triennially	Replacement fee upon loss of plate, w/affidavit: $100
Master plumber license seal.	$50	$75 triennially	Replacement fee upon loss of seal, w/affidavit: $75
Journeyman plumber registration.	$50		No renewal, no reissuance.
Master fire suppression piping contractor (class A, B or C) license (certificate of competence).	$200	$150 triennially	Late-renewal fees: Up to 30 days late, $50; From 31 days to five years late, $100 for each year or part thereof. Reissuance fee: $50
Master fire suppression piping contractor (class A, B or C) license plate.	$75	$100 triennially	Replacement fee upon loss of plate, w/affidavit: $100
Master fire suppression piping contractor (class A, B or C) license seal.	$50	$75 triennially	Replacement fee upon loss of seal, w/affidavit: $75
Journeyman fire suppression piping installer registration.	$50		No renewal, no reissuance.
Oil-burning equipment installer. License (class A or B).	$100	$75 triennially	Late-renewal fee: $50 Reissuance fee: $50
High-pressure boiler operating engineer license.	$50	$45 triennially	Late-renewal fee: $50 Reissuance fee: $50
Portable high-pressure boiler operating engineer license.	$50	$45 triennially	Renewal fee includes renewal fee for a hoisting machine operator license. Late-renewal fee: $50 Reissuance fee: $50
Master sign hanger license.	$100	$75 triennially	Late-renewal fee: $50 Reissuance fee: $50
Special sign hanger license.	$100	$75 triennially	Late-renewal fee $50 Reissuance fee: $50
Outdoor advertising company registration.	As provided by dept rules.	As provided by dept rules.	As provided by dept rules.

(continued)

LICENSE TYPE	INITIAL FEE	RENEWAL FEE	ADDITIONAL FEES
Filing representative registration.	As provided by dept rules.	As provided by dept rules.	As provided by dept rules.
Reinstatement of expired license, certificate of competence or certification without examination, if approved by commissioner, in addition to applicable renewal fees.	Same as initial license.		$100 for each year or part thereof from date of expiration.
Site safety coordinator certificate.	$100	$50	Late-renewal fee $50 Reissuance fee: $50
Site safety manager certificate.	$300	$150	Late-renewal fee $50 Reissuance fee: $50
General contractor registration.	$300	$240 triennially	Late-renewal fee $50 Reissuance fee: $50
Tower crane rigger license.	$150	$50 triennially	Late-renewal fee $50 Reissuance fee: $50
Safety registration number (concrete contractor, demolition contractor, general contractor)	$80 each	$80 triennially	Late-renewal fee: $50 Reissuance fee: $50
Lift director registration	As provided by dept rules.	As provided by dept rules.	As provided by dept rules.

*Section 28-401.15 was amended by Local Law 14 of 2018. This law has an effective date of December 31, 2017.

No holder of a license issued under this chapter shall authorize, consent to or permit the use of his or her license by or on behalf of any other person, and no person who has not qualified and obtained or renewed a license under this chapter shall hold himself or herself out to the public as licensed, certified, registered or as the holder of a license issued under this chapter, either directly or indirectly, by means of signs, sign cards, plates, stationery, or in any other manner whatsoever.

Except for such additional requirements as may be set forth for a particular license, nothing in this chapter shall be construed to prohibit the use of a license by the holder thereof for or on behalf of a partnership, corporation or other business association, provided that such business entity is disclosed to the department in a manner required by the department and where:

1. At least one member of the partnership or at least one officer of the corporation is licensed for the same business, trade or occupation, and that all work performed by such partnership or corporation is performed by or under the direct and continuing supervision of such license holder or holders; or
2. Such partnership, corporation or other business association is itself authorized to engage in such business as prescribed herein.

Except as otherwise noted for a particular license, the holder of a license, other than an employee of a city agency, shall have or be employed by a business entity that has an established place of business with an address within the city of New York at which such person can be contacted by the public and the department by mail, telephone or other modes of communication. A post office box is not an acceptable address.

The commissioner shall have the power to suspend or revoke a license or certificate of competence and/or to impose a fine not to exceed twenty-five thousand dollars for each finding of violation, and/or to order any holder thereof to repair damage resulting from any act or omission as set forth in this chapter or in rules, for any of the following:

Any person, including any corporation, partnership, business or other entity, issued a license or certificate of competence by the department shall, pursuant to a request or order of the commissioner or any other city agency or office, cooperate fully and completely with respect to any department or city agency or office investigation. Evidence of cooperation shall include, but is not limited to, appearing before the department or other city agency or office, answering questions completely and accurately, and providing any and all requested documents. Failure to comply with such request or order may subject such person to disciplinary measures authorized by law, including but not limited to suspension or revocation of the license or certificate of competence.

Notwithstanding any other provision of law to the contrary, decisions, orders and interpretations of the commissioner made pursuant to this chapter shall not be subject to review by the board of standards and appeals. Final decisions and orders of the commissioner made pursuant to this chapter shall be subject to review pursuant to article 78 of the civil practice law and rules.

In the event that the holder of a license is no longer actively engaged as a licensee in a trade or business licensed by the department, the licensee may submit his or her license for deactivation pursuant to department rules. During the period of deactivation, the licensee must continue to pay the license renewal fee required under this chapter for each year of the deactivation period. The holder of a deactivated license may not practice in the trade or business as a licensee or hold himself or herself out as a licensee during the period of deactivation. Application for reactivation of a deactivated license without reexamination shall be made within a time period prescribed by rule and subject to a demonstration of work experience in the trade satisfactory to the commissioner during the time that the license was deactivated.

It shall be unlawful to perform the duties and responsibilities of a site safety manager as specified in chapter 33 of the New York city building code unless such work is performed by a person certified as a site safety manager under the provisions of this article.

All applicants for a site safety manager certificate shall submit satisfactory proof establishing that the applicant:

1. Is a registered design professional and has three years of experience supervising construction or demolition of major buildings as the term major building is defined in chapter 33 of the New York city building code, and within one year prior to application has satisfactorily completed a 40-hour course approved by the department;
2. Has a Certified Safety Professional ("CSP") designation from the Board of Certified Safety Professionals ("BCSP") and has three years of experience supervising construction or demolition of major buildings as the term major building is defined in chapter 33 of the New York city building, and within one year prior to application has satisfactorily completed a 40-hour course approved by the department;
3. Has eight years of construction supervision experience within the 10 years prior to application, including five years supervising construction or demolition of major buildings as the term major building is defined in chapter 33 of the New York city building code, and within one year prior to application has satisfactorily completed a 40-hour course approved by the department;
4. Has completed an 18 month on-the-job training program working on major buildings as that term is defined in chapter 33 under the direct and continuing supervision of a certified site safety manager. Such on-the-job training program shall conform to rules promulgated by the department. The supervising site safety manager shall certify the trainee's satisfactory completion of the training program. In addition, the applicant shall provide proof that, within one year prior to the date of application, he or she has satisfactorily completed a 40-hour course approved by the department;
5. Has equivalent education and construction experience as determined by the department and within one year prior to application has satisfactorily completed a 40-hour course approved by the department; or
6. Has three years of experience as a certified site safety coordinator and within one year prior to application has satisfactorily completed a 40-hour course approved by the department.

It shall be unlawful to perform the duties and responsibilities of a site safety coordinator as specified in chapter 33 of the New York city building code unless such work is performed by a person certified as a site safety coordinator under the provisions of this article.

All applicants for a site safety coordinator certificate shall submit satisfactory proof establishing that the applicant:

1. Is a registered design professional and has two years of experience supervising construction or demolition of major buildings as the term major building is defined in chapter 33 of the New York city building code, and within one year prior to application has satisfactorily completed an 8-hour course approved by the department;
2. Has a Construction Health and Safety Technician ("CHST") designation from the Board of Certified Safety Professionals ("BCSP") and has two years of experience supervising construction or demolition of major buildings as the term major buildings is defined in chapter 33 of the New York city building code, and within one year prior to application has satisfactorily completed an 8-hour course approved by the department;
3. Has five years of construction supervision or construction safety experience within the 10 years prior to application, including three years supervising construction or demolition of major buildings as the term major building is defined in chapter 33 of the New York city building code, and within one year prior to application has satisfactorily completed an 8-hour course approved by the department; or
4. Has equivalent education and construction experience as determined by the department and within one year prior to application has satisfactorily completed a 40-hour course approved by the department.

It shall be unlawful to hoist or lower any article on the outside of any building in the city unless such work is performed by or under the direct and continuing supervision of a person licensed as a rigger under the provisions of this article. The provisions of this article shall apply to the erection or dismantling of a tower crane or a climber crane on a building and to the use of a derrick in their removal, except that such erection or dismantling may be performed by or under the direct and continuing supervision of a licensed climber or tower crane rigger in accordance with rules promulgated by the department.

Exception: The provisions of this article shall not apply to:

1. The hoisting or lowering of signs if the person so doing possesses a license as a sign hanger, as provided in this chapter;
2. The loading or unloading of a material delivery truck if the material loaded or unloaded is not raised more than 12 feet (3658 mm) above the bed of the truck during the loading or unloading process; or
3. The hoisting or lowering of articles on the outside of a building in the city where chapter 33 of the New York city building code authorizes such articles to be hoisted or lowered by or under the supervision of a qualified and/or competent person.

Rigger licenses shall be classified as follows:

Applicants for a rigger license shall have the additional qualifications as set forth in sections 28-404.3.1 through 28-404.3.3.

The additional requirements set forth in sections 28-404.4.1 through 28-404.4.3 shall apply to licensed riggers:

It shall be unlawful for any persons to take charge of or operate any power-operated hoisting machine used for hoisting purposes or cableways under the jurisdiction of the department, unless such person is licensed under the provisions of this article or is a holder of a certificate of qualification as a hoisting machine operator issued prior to December 6, 1968 and not allowed to lapse.

Exceptions:

1. Operators of mobile cranes of a limited size and capacity exempted from the requirements of this article under chapter 33 of the New York city building code, or exempted in accordance with rules promulgated by the commissioner.
2. Hoisting machines with a manufacturer's rated capacity of one ton or less.
3. Power-operated scaffolds and window-washing machines.

Hoisting machine operator licenses shall be classified as follows:

1. Class A license: Basic license to operate cranes with total boom less than 200 feet (60 960 mm) in length, derricks and cableways, excluding truck-mounted tower cranes that exceed 200 feet (60 960 mm) in height.

*2. Class B license: Endorsement on basic license to include the operation of any hoisting machinery, except that to operate hoisting machinery with a boom, including jibs and other extensions, exceeding 300 feet (91 440 mm) in length or a truck-mounted tower crane that exceeds 300 feet (91 440 mm) in height, the licensee must hold a rating, issued by the department, for the specific make and model of hoisting machine.

3. Class C license: Special hoisting machine operator license to operate a specified class of hoisting machine of limited size and capacity as follows:



*Section 28-405.2, Item #2 was amended by Local Law 80 of 2017. This law has an effective date of November 10, 2017.

Applicants for a hoisting machine operator license shall have the following additional qualifications.

As a condition of license renewal and reinstatement, a licensed hoisting machine operator shall provide evidence satisfactory to the department that he or she is fit to perform the work.

Unless otherwise required by rule, licensed hoisting machine operators are exempt from the insurance requirements of section 28-401.9.

Testing of concrete required by this code or other applicable laws or rules shall be conducted by a concrete testing laboratory licensed in accordance with this article.

All applicants for a concrete testing laboratory license shall maintain a laboratory within 50 miles (80 467 m) of the city and shall submit satisfactory proof establishing that the business is conducted by qualified personnel in accordance with procedures, safety requirements and professional standards as set forth in rules of the department. The department shall inspect an applicant's place of business and equipment and conduct an investigation of applicant's personnel in a manner to be set forth in department rules prior to the issuance or renewal of a license.

The following additional requirements shall apply to concrete testing laboratories:

An examination shall not be required for a concrete testing laboratory license.

It shall be unlawful to perform manual welding work on any structural member of any building in the city unless such work is performed by a person licensed as a welder under the provisions of this article.

All applicants for a welder license shall submit satisfactory proof of the applicant's fitness to make structural welds, including his or her ability to pass operator qualification tests as determined by the commissioner.

As a condition of license renewal and reinstatement, a licensed welder shall provide evidence satisfactory to the department that such licensee is fit to perform the work.

Unless otherwise required by rule, licensed welders are exempt from the insurance requirements of section 28-401.9.

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:

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

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.

Upon satisfactory completion of a New York State-recognized training program or affirmation of an applicant's qualifications by an employer licensed master plumber or, in the case of a city agency, a supervising licensed master plumber and upon written stipulation of same by the applicant, the commissioner shall register an applicant as journeyman plumber. Such qualifications shall reflect a progressive understanding, proficiency and competence in the plumbing trade, including:

1. A working familiarity with the plumbing code and technical standards and the ability to apply the code requirements correctly;
2. The application of basic plumbing theory and the utilization of trade skills on the job site;
3. A working knowledge of the tools of the trade and the ability to utilize them properly; and
4. An ability to draft simple diagrams and interpret from drawings for the purpose of the plumbing work in which the applicant is engaged.

The applicant for journeyman plumber registration shall have a minimum of five years of full-time experience in the performance of plumbing work under the direct and continuing supervision of a licensed master plumber or equivalent, where at least one year of such experience shall have been in New York city.

The registration for journeyman plumber shall have no expiration and shall not require renewal or re-issuance.

The registration card shall clearly state: "This registration is NOT A LICENSE, and the holder is NOT AUTHORIZED TO PERFORM PLUMBING WORK in New York city except under the direct and continuing supervision of a licensed master plumber."

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:

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

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.

Upon satisfactory completion of a New York state-recognized training program or affirmation of an applicant's qualifications by an employer licensed master fire suppression piping contractor or, in the case of a city agency, a supervising licensed master fire suppression piping contractor and upon written stipulation of same by the applicant, the commissioner shall register an applicant as journeyman fire suppression piping installer. Such qualifications shall reflect a progressive understanding, proficiency and competence in the fire suppression piping trade, including:

1. A working familiarity with the code and technical standards with regard to fire suppression piping, and the ability to apply the code requirements correctly;
2. The application of basic fire suppression theory and the utilization of trade skills on the job site;
3. A working knowledge of the tools of the trade and the ability to utilize them properly; and
4. An ability to draft simple diagrams and interpret from drawings for the purpose of the fire suppression piping work in which the applicant is engaged.

The applicant for journeyman fire suppression piping installer registration shall have a minimum of five years of full-time experience in the performance of fire suppression piping work under the direct and continuing supervision of a licensed master fire suppression piping contractor or equivalent, where at least one year of such experience shall have been in New York city.

The registration for journeyman fire suppression piping installer shall have no expiration and shall not require renewal or reissuance.

The registration shall clearly state: "This registration is NOT A LICENSE, and the holder is NOT AUTHORIZED TO PERFORM FIRE SUPPRESSION PIPING WORK in New York city except under the direct and continuing supervision of a Licensed Master Fire Suppression Piping Contractor."

It shall be unlawful to install oil-burning equipment in the city unless such work is performed by or under the direct and continuing supervision of a person licensed as an oil-burning equipment installer under the provisions of this article.

Oil-burning equipment installer licenses shall be classified as follows:

1. Class A oil-burning equipment installer license. Licenses the holder thereof to install any type of oil-burning equipment, as an independent contractor with full responsibility for the manner in which the work is done, and for the material and equipment used, and for the control and direct and continuing supervision of the persons employed on the work. Such equipment shall include but not be limited to burners, boilers and generators.
2. Class B oil-burning equipment installer license. Licenses the holder thereof to install oil-burning equipment for the use of domestic fuel oils from number one fuel oil to and including number four fuel oil, as an independent contractor with full responsibility for the manner in which the work is done, for the materials and equipment used, and for the control and direct and continuing supervision of the persons employed on the work.

Applicants for an oil-burning equipment installer license shall have the qualifications set forth in sections 28-412.3.1 through 28-412.3.2.

As a condition of license renewal and reinstatement, a licensed oil-burning equipment installer shall provide evidence satisfactory to the department that such licensee is fit to perform the work.

Every licensed oil-burning equipment installer shall have a place of business within the city. A licensed oil-burning equipment installer shall be a sole proprietor, a partner in the partnership or an officer of the corporation.

It shall be unlawful to operate any high-pressure boiler for any purpose whatsoever, in the city of New York or in connection with any vessel on the waters in and around the city not subject to the jurisdiction of the United States, unless such boiler is operated by or under the direct and continuing supervision and in the presence of a person having a high-pressure boiler operating engineer license under the provisions of this article.

Exceptions: A licensed high-pressure boiler operating engineer is not required to operate a high-pressure boiler that meets all of the following conditions:

1. The boiler is a stand-alone boiler;
2. If the boiler is a steam boiler, the boiler has less than 100 square feet (9.3 m²) of heating surface;
3. If the boiler is a steam boiler, it is capable of generating less than 1750 pounds (794 kg) per hour of steam; or if the boiler is a hot water boiler, it is capable of generating less than 2 million btu/h of hot water;
4. The boiler has a safety relief valve setting of 200 psig (1379 kPa) or less;
5. The boiler room enclosure is in compliance with section 508 of the New York city building code; and
6. There is a carbon monoxide detector in the boiler room.

Applicants for a high-pressure boiler operating engineer license shall present satisfactory proof that:

1. Applicant was employed as a fireman, oiler, general assistant, journeyman, boiler-maker or machinist under the direct and continuing supervision of a licensed high-pressure boiler operating engineer in the city for a period of not less than five years within the seven year period preceding the date of the application; however, in lieu of the experience requirement contained in this paragraph, an applicant for a high-pressure boiler operating engineer license who is employed in a fossil fuel production plant located in the Rockaway Peninsula area of Queens county may submit satisfactory proof establishing that the applicant has obtained at least five years experience within the seven years preceding the date of the application which shall include at least two years of experience obtained during employment under the direct and continuing supervision of a licensed high-pressure boiler operating engineer in a steam generating plant located outside of the city of New York but within the state of New York that is owned and operated by a licensed public utility company, and shall also include a separate period of at least three years of experience obtained during employment as a fireman, oiler, general assistant, journeyman, boiler-maker or any comparable position as approved by the commissioner, in such steam generating plant;
2. Applicant received a degree in mechanical engineering from an accredited school or college and had one year experience in the operation and maintenance of high-pressure boilers under the direct and continuing supervision of a licensed high-pressure boiler operating engineer in the city within the two year period preceding the date of the application;
3. Applicant has held, for a minimum of four years, a certificate as an engineer issued by a board of examining engineers duly established and qualified pursuant to the laws of the United States or any state or territory thereof, or a certificate as a marine engineer issued by the United States Coast Guard, and a minimum of one year experience in the city in the operation and maintenance of stationary high-pressure boiler plants under the direct and continuing supervision of a licensed high-pressure boiler operating engineer within the seven years preceding the date of the application, provided that the applicant shall have filed with such application a signed statement that the applicant is the person named in said certificate together with the supporting signed statements by three licensed high-pressure boiler operating engineers employed in the city of New York at the time of making of such signed statements;
4. Applicant exercised direct and continuing supervision, care, operation and maintenance over a steam generating plant of a governmental building, having boilers of 150 or more horsepower, for a minimum of five years and had a minimum of one year of experience on high-pressure boilers under the direct and continuing supervision of a licensed high-pressure boiler operating engineer in the city within the seven year period preceding the date of the application;
5. Applicant successfully completed a New York state approved apprenticeship training program of at least two years and had at least three years experience within the seven years preceding the date of the application in the operation and maintenance of high-pressure boilers in the city under the direct and continuing supervision of a licensed high-pressure boiler operating engineer;
6. Applicant has held a Commission from the National Board of Boiler and Pressure Vessel Inspectors for a period of seven years, and has a minimum of five years of high pressure boiler operation, maintenance, and/or inspection experience under such commission within the seven year period preceding the application;
7. Applicant has held a Qualifications of High Capacity Fossil Fuel Operator (QFO) operator certification from ASME, and has a minimum of five years of high pressure boiler operation, maintenance, and/or inspection experience under such QFO certification within the seven year period preceding the application; or
8. Applicant has held a high pressure certification/high pressure license for a period of five years from other jurisdictions acceptable to the commissioner provided such jurisdiction follows the ASME Boiler and Pressure Vessel Code, and was employed under such certification and/or license for a period of not less than five of the last seven years in the operation, maintenance and/or inspection of high pressure boilers.

As a condition of license renewal and reinstatement, a licensed high-pressure boiler operating engineer shall provide evidence satisfactory to the department that such licensee is fit to perform the work.

Notwithstanding section 28-413.2, upon application, individuals who hold a portable high-pressure boiler operating engineer license on the effective date of this section may be issued a high-pressure boiler operating engineer license without examination. Such application shall be deemed to be an application for renewal of a license pursuant to this chapter.

It shall be unlawful to hoist or lower or to hang or attach any sign upon or on the outside of any building or structure in the city unless such work is performed by or under the direct and continuing supervision of a person licensed as a sign hanger under the provisions of this article.

The provisions of this article shall not apply to the following:

1. Signs not exceeding 75 square feet (7 m²) in area, measured on one face only, nor exceeding 25 pounds (11 kg) in weight;
2. Signs supported directly on the ground; or
3. Directional signs; or
4. Temporary signs erected during the construction or alteration of a building and related to such work; or
5. The erection or placing of any signs by employees of the city, any city department or other city agency.

Such licenses shall be classified as follows:

1. Master sign hanger license. Authorizes the holder thereof to hoist or lower or to hang or attach any sign, irrespective of weight, upon or on the outside of any building.
2. Special sign hanger license. Authorizes the holder thereof to hoist or lower or to hang or attach any sign not exceeding one hundred fifty square feet in area, measured on one face only, nor exceeding one thousand two hundred pounds in weight, upon or on the outside of any building.

Applicants for a sign hanger license shall have the additional qualifications set forth in sections 28-415.4.1 through 28-415.4.2.

The additional requirements set forth in sections 28-415.5.1 through 28-415.5.2 shall apply to sign hangers:

As a condition of license renewal or reinstatement, a licensed sign hanger shall provide evidence satisfactory to the department that such licensee is fit to perform the work.

No person shall use the term "registered filing representative" or "filing representative" or any similar representation in such manner as to convey the impression that such person is a registered filing representative in accordance with the provisions of this article; nor shall any person present, submit, furnish or seek approval of applications or construction documents, or remove any documents from the possession of the department, without first having registered with the department such person's name, address and company affiliation on a form to be furnished by the department.

The following persons are exempt from the provisions of this article. Any person from whom the department may refuse to accept an application or other document pursuant to section 28-211.1 shall not be afforded this exemption.

1. The owners of the premises for which the building applications are filed including, in the case of partnerships or corporations, the general partners or the principal officers of the corporation, where the principal officers of a corporation shall include the president, vice presidents, secretary and treasurer;
2. The lessees of such premises authorized by the owner to file building applications;
3. Condominium unit owners authorized by the condominium board of managers to file building applications;
4. Cooperative shareholders authorized by the cooperative board of directors to file building applications;
5. Architects;
6. Engineers;
7. Attorneys admitted to practice in New York state;
8. Master plumbers licensed pursuant to this chapter;
9. Master fire suppression piping contractors licensed pursuant to this chapter; and
10. Master electricians licensed pursuant to subchapter one of chapter 3 of title 27 of the administrative code.

The commissioner shall promulgate rules for the proper and efficient administration and enforcement of this article. Unless required by rule, a registered filing representative shall not be required to take an examination or to complete continuing education courses as a condition for renewal of the registration.

The commissioner shall appoint annually and may remove in his or her discretion each member of a plumbing and fire suppression piping contractor license board that shall have as its purpose the following:

1. To advise the commissioner regarding the character and fitness of applicants for certificates of competence and licenses who have passed the required examination.
2. To advise the commissioner regarding allegations of illegal practices on the part of licensed master plumbers, licensed master fire suppression piping contractors, master plumber businesses or master fire suppression piping businesses.
3. To advise the commissioner regarding plumbing and fire suppression piping practices, code applications, regulations and legislation.
4. To perform such other responsibilities as may be requested by the commissioner and as set forth in rules promulgated by the department.

On and after November 1, 2008, it shall be unlawful for a person to conduct business as a general contractor unless such person holds a general contractor registration in accordance with the provisions of this article.

On and after November 1, 2008, it shall be unlawful to use or cause to be used the title registered general contractor or any other title in a manner as to convey the impression that an individual, corporation, partnership or other business entity, or any person it employs, is a registered general contractor, unless such individual, corporation, partnership or other business entity is registered in accordance with the provisions of this article.

An application for a general contractor registration or renewal shall be made in writing to the commissioner on a form provided by the department and shall be accompanied by the following:

A warranty shall be provided to the buyer of a new one-, two- or three-family structure that accords with the provisions of article thirty-six-B of the New York state general business law, including the following:

1. One year from and after the warranty date the home will be free from defects due to a failure to have been constructed in a skillful manner;
2. Two years from and after the warranty date the plumbing, electrical, heating, cooling and ventilation systems of the home will be free from defects due to a failure by the builder to have installed such systems in a skillful manner; and
3. Six years from and after the warranty date the home will be free from material defects, including, but not limited to, any construction that is not in compliance with the building code or the zoning resolution of the city of New York.

The general contractor shall comply with sections 28-418.5.1 through 28-418.5.3.

On and after November 1, 2008 vehicles and tools used in connection with unlicensed or unregistered activity at the work site of a new residential structure containing no more than three dwelling units shall be subject to seizure and forfeiture.

For purposes of this article, the following terms shall have the following meanings.

1. The term "owner" as applied to vehicles shall mean an owner as defined in section one hundred twenty-eight and in subdivision three of section three hundred eighty-eight of the vehicle and traffic law.
2. The term "security interest" as applied to vehicles shall mean a security interest as defined in subdivision k of section two thousand one hundred one of the vehicle and traffic law.
3. The term "unlicensed activity" shall mean the conduct of any activity at a work site for the construction of a residential structure containing no more than three dwelling units without a license for which a license is required under any law, rule or regulation enforced by the commissioner of buildings, and the term "unregistered activity" shall mean the conduct of any activity at a work site for the construction of a residential structure containing no more than three dwelling units without a registration for which a registration is required under any law or regulation enforced by the commissioner of buildings.

The following provisions shall govern seizure of vehicles and tools pursuant to this article.

Any vehicle and/or tools for which a written demand for return of the vehicle and/or tools or for a hearing pursuant to section 28-419.3.2 has not been made within thirty days of service of the notice of violation on the operator of the vehicle and/or tools or within thirty days of service of the notice of violation on the owner of the vehicle and/or tools if the owner is not the operator of the vehicle and/or tools shall be deemed abandoned and shall be disposed of by the department pursuant to applicable law.

The department may choose to have the underlying violation adjudicated before the office of administrative trials and hearings in accordance with sections 28-419.5.1 through 28-419.5.3.

In the event that the adjudication of the violation underlying the seizure is not held at OATH, and a determination is made that the vehicle and tools were not used in connection with unlicensed or unregistered activity, the department shall promptly release such vehicle and/or tools.

The following provisions shall govern forfeiture of vehicles and tools pursuant to this article.

On and after October 1, 2009, no safety registration recipient shall conduct business for the purposes that would qualify the person as a safety registration recipient unless such person has received the required safety registration number from the department.

An application for a safety registration number shall be made in writing to the commissioner on a form provided by the department and shall be accompanied by the following:

The recipient of a safety registration number shall comply with the following requirements:

1. Subcontractor information. The recipient of a safety registration number shall maintain at each work site the names, business addresses and contact information of the superintendent(s) of the subcontractors who hold subcontracts with the prime contractor, as well as the particular work they perform, and shall make such information available to department personnel upon request;
2. Special inspection reports. The. recipient of a safety registration number shall maintain at the work site such special inspection reports as specified in the building code and shall make such reports available to department personnel on request.

The commissioner may require any safety registration recipient to provide the department with a plan to improve its rate of immediately hazardous violations. The plan must be approved by the Department and may include such measures as employment of a safety compliance officer to ensure compliance with the approved plan.

Within six months of the date by which all safety registration recipients shall have been required by section 420.1 of this article to have a safety registration number, the commissioner shall, after consultation with representatives of affected industries, including but not limited to representatives and employers of building and construction industry labor organizations and real estate owners, submit to the mayor and the city council recommendations for the establishment of objective criteria on which the commissioner may base a determination to commence a proceeding to suspend, revoke, or refuse to renew a safety registration number as well as the data used in the analysis and formulation of such recommendations. Within three months of the submission, the council shall review and may amend this provision to incorporate standards for the revocation and non-renewal of a safety registration number.

A safety registration number shall expire on the third anniversary that such safety registration number was issued or such other date as determined by the commissioner by rule so as to evenly distribute the expiration dates of the safety registration numbers.

On and after October 1, 2009, it shall be unlawful to represent or cause to be represented that a person who would qualify as a safety registration recipient has been issued a safety registration number by the department or to otherwise convey the impression that an individual, corporation, partnership or other business entity, or any person it employs, conducts business for the purposes that would qualify it as a safety registration recipient that has been issued a safety registration number, unless such individual, corporation, partnership or other business entity has received a safety registration number from the department in accordance with the provisions of this article.

It shall be unlawful to perform elevator work as defined by this chapter or perform and/or witness inspections and tests or enter into contracts pursuant to article 304 of chapter 3 of this code unless licensed pursuant to this article. Each elevator agency shall designate one director in responsible charge who shall be licensed pursuant to this article. The designated director in responsible charge shall be in the direct employ of the agency and shall supervise all the operations of the agency. All elevator work shall be performed by individuals who are under the direct and continuing supervision of the elevator agency director as defined in section 28-401.3 of this chapter. All elevator work performed by such agency pursuant to article 304 of chapter 3 of this code shall be performed by or under the direct and continuing supervision of the designated director in responsible charge.

*Section 28-421.1 was amended by NYS Laws of 2019 Chapter 750. This law has an effective date of January 1, 2022.

All applicants for an elevator agency director license shall submit satisfactory proof establishing that the applicanthas satisfactorily completed, within two years prior to the date of application, a course that is at least thirty hours in length and approved by the United States department of labor and the occupational safety and health administration in general industry training; and also satisfies one of the following:

1. Has at least ten years of practical experience in the supervision of the assembly, installation, maintenance, repair, design or inspection of elevators within the fifteen years prior to application; or
2. Is an engineer or architect and has at least five years experience in the supervision of the assembly, installation, maintenance, repair, review and approval of design documents or inspection of elevators within the seven years prior to application.

*Section 28-421.2 was amended by NYS Laws of 2019 Chapter 750. This law has an effective date of January 1, 2022.

Each elevator agency director shall supervise and perform elevator work or inspections and tests pursuant to article 304 of chapter 3 of this code for only one elevator agency, and shall not inspect and/or test elevators or perform elevator work on related devices as an inspector, director or elevator energy helper for any other elevator agency.

*Section 28-421.3 was amended by NYS Laws of 2019 Chapter 750. This law has an effective date of January 1, 2022.

Every licensed elevator agency shall have a place of business within the city in conformance with department rules and regulations.

*Section 28-421.4 was amended by NYS Laws of 2019 Chapter 750. This law has an effective date of January 1, 2022.

It shall be unlawful to witness and/or perform inspections and tests on behalf of an elevator agency pursuant to article 304 of chapter 3 of this code unless licensed pursuant to this article. Licensed inspectors shall perform such work under the direct and continuing supervision of a designated director in responsible charge licensed pursuant to article 421 of this chapter.

*Section 28-422.1 was amended by NYS Laws of 2019 Chapter 750. This law has an effective date of January 1, 2022.

All applicants for an elevator agency inspector license shall submit satisfactory proof establishing that the applicant has satisfactorily completed, within two years prior to the date of application, a course that is at least ten hours in length and approved by the United States department of labor and the occupational safety and health administration in general industry standards; and also satisfies the following:

1. Has at least seven years of practical experience in the inspection of elevators, or as an elevator mechanic within the ten years prior to application.

*Section 28-422.2 was amended by NYS Laws of 2019 Chapter 750. This law has an effective date of January 1, 2022.

Each elevator agency shall perform work pursuant to article 304 of chapter 3 of this code for only one elevator agency, and shall not witness and/or perform inspections and/or test elevators or related devices as an inspector, technicianor director for any other elevator agency.

*Section 28-422.3 was amended by NYS Laws of 2019 Chapter 750. This law has an effective date of January 1, 2022.

For the purposes of this article, "gas work" means work covered by section 101.2 of the New York city fuel gas code, where such work is required by this code to be performed under the direct and continuing supervision of a licensed master plumber, provided that the term "gas work" shall not include periodic inspections required pursuant to article 318 of chapter 3 of title 28 of the administrative code. On and after January 1, 2020, it shall be unlawful to perform gas work unless such work is performed by: Exception: The provisions of this article shall not apply to gas work performed, serviced and maintained by utility corporations and subject to the jurisdiction of the New York state public service commission.

The commissioner shall issue gas work qualifications in accordance with sections 28-423.2.1 and 28-423.2.2.

The commissioner shall issue limited gas work qualifications in accordance with sections 28-423.3.1 and 28-423.3.2.

The gas work qualification shall have no expiration and need not be renewed or reissued. The limited gas work qualification shall expire five years after issuance and may not be renewed.

*Article 28-423 was added by Local Law 150 of 2016. This law has an effective date of December 6, 2016.

It shall be unlawful for a crane or derrick that requires or possesses a certificate of on-site inspection, or which, in accordance with rules promulgated by the commissioner, is subject to supervision by a licensed master rigger in lieu of a certificate of on-site inspection, to perform any of the following tasks unless a lift director is present at the site during all times when:

1. The crane or derrick is picking a load;
2. The crane is traveling at the site, including but not limited to being moved onto or off of cribbing or up or down a ramp;
3. The crane or derrick is being placed into a parked condition or otherwise being taken out of service;
4. The crane's or derrick's boom/jib is being laid down or jackknifed;
5. The crane's or derrick's boom/jib is being raised from a laid down or jackknifed position; or
6. Other special protective measures for wind are being installed or removed.

Eighteen months after the department has established the requirements for the department-approved training course for lift directors as set forth in item 1 of section 28-424.3, it shall be unlawful for any person to act as a lift director or to perform the duties of a lift director unless such person is registered as a lift director pursuant to this article, or is licensed as a master rigger pursuant to article 404 of this chapter.

Applicants for a lift director registration shall submit satisfactory proof establishing that the applicant: *Article 28-424 was added by Local Law 14 of 2018. This law has an effective date of December 31, 2017.

It shall be unlawful to perform elevator work as defined in this chapter, unless that work is performed by or under the direction of an elevator agency technician and under the supervision of a designated director of an elevator agency licensed pursuant to article 421 of this chapter.

A restricted class of lift mechanic license shall be known as "accessibility technician". Such class of license shall be restricted to performing work involving platform lifts including those installed in private residences which are covered by the provisions of ASME A18.1. An applicant for such restricted license shall have at least (3) three years of verified work experience in constructing, maintaining and repairing those lifts covered by ASME A18.1 and shall provide to the commissioner a certificate of completion of an accessibility training program for lifts under the scope of A18.1 such as the certified accessibility training provided by the national association of elevator contractors, or an equivalent program as deemed by the department.

The agency may, by rule, establish qualifications for elevator agency technicians, including, but not limited to, acceptable proof that an applicant has worked on elevator construction, maintenance or repair with direct and immediate supervision in this state for a specified period of time prior to the effective date of this article; provided, however, that the provisions of this section and any rules adopted pursuant thereto shall not be inconsistent with the requirements for elevator mechanics contained in article thirty-three of the labor law and nothing herein shall prevent the enactment by local law, ordinance, or rule of additional requirements.

**Section 28-425.3 was amended by NYS Laws of 2019 Chapter 750 and NYS Laws of 2020 Chapter 55. These laws have an effective date of January 1, 2022.

No elevator agency technician license shall be required for the outfitting, removal, refinishing, or replacement of interior finishes, including wall panels, drop ceilings, handrails and flooring, removal or replacement of interior lighting, recladding of doors, transoms and front return panels, finishing or ornamental work on car operating panels.

*Section 28-425.4 was added by NYS Laws of 2020 Chapter 55. This law has an effective date of January 1, 2022.

*Article 28-425 was added by NYS Laws of 2019 Chapter 750. This law has an effective date of January 1, 2022.

The agency may, by rule, establish qualifications for elevator agency helpers.

*Article 28-426 was added by NYS Laws of 2019 Chapter 750. This law has an effective date of January 1, 2022.

All applications/permits issued to elevator contractors shall appear on the department of buildings website within forty-eight (48) hours of issuance. The information required to be published must include, at a minimum, the date of issuance, the work covered by the permit, the elevator contractor or contractors involved and location and type of work to be performed. The department shall maintain and publish a registry of all licensed elevator agency helpers, technicians, and inspectors, which shall list and identify, all licensed elevator agency helpers, technicians, and inspectors, doing business in the city of New York. The department shall make the registry available on its website.

Whenever an emergency exists in this state due to a disaster or act of god, which imperils the health, safety or welfare of an individual or individuals and placing such individual or individuals in imminent danger of injury or death and the number of persons in the state holding licenses granted by the New York state elevator safety and standards advisory board established by section 956 of article 33 of the New York state labor law is insufficient to cope with such emergency, any person certified by a licensed elevator contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision shall seek an emergency elevator mechanic's license from the commissioner within five (5) business days after commencing work requiring a license. The commissioner shall issue emergency elevator mechanic's licenses to address the emergency that exists. The licensed elevator contractor shall furnish proof of competency as the commissioner may require. Each such license shall recite that it is valid for a period of fifteen (15) days from the date thereof and for such particular elevators or geographical areas as the commissioner may designate to address the emergency and otherwise shall entitle the licensee to the rights and privileges of an elevator mechanic's license issued in this article. The commissioner shall renew an emergency elevator mechanic's license during the existence of an emergency as needed. No fee shall be charged for any emergency elevator mechanic's license or renewal thereof.

The renewal of all licenses granted under the provisions of this section shall be conditioned upon the submission of a certificate of completion of a course designed to ensure the continuing education of licensees on new and existing national, state, and local conveyances codes and standards and on technology and technical education and workplace safety. Such course shall consist of not less than eight hours annually and completed preceding any such license renewal. The commissioner shall establish requirements for continuing education and training programs, and shall approve such programs, as well as maintain a list of approved programs, which shall be made available to license applicants, permit applicants, renewal applicants and other interested parties upon request. The commissioner shall promulgate rules and regulations setting forth the criteria for approval of such programs, the procedures to be followed in applying for such approval, and other rules and regulations as the commissioner deems necessary and proper to effectuate the purposes of this section.

The renewal of all licenses granted under the provisions of this section shall be conditioned upon the submission of a certificate of completion of a course designed to ensure the continuing education of licensees on new and existing regulations of the department. Such course shall consist of not less than eight hours of instruction that shall be attended and completed annually prior to any such license renewal.

The courses shall be taught through continuing education providers that may include, but shall not be limited to, association seminars, and labor training programs or programs that deliver an approved apprenticeship and are registered with the department or the New York state apprenticeship training council. The commissioner shall approve the continuing education providers.

The commissioner shall assess a fee for each training program completion certificate and for each refresher training program completion certificate, provided, however, that in no event shall the cost of such certificates be assessed by the sponsor of such training program against the participants.

All instructors shall be exempt from the requirements of the preceding section with regard to their application for license renewal provided that such applicant was qualified as an instructor at any time during the one year immediately preceding the scheduled date for such renewal. Approved training providers shall keep uniform records, for a period of six years, of attendance of licensees following a format approved by the commissioner and such records shall be available for inspection by the commissioner at his or her request. Approved training providers shall be responsible for the security of all attendance record and certificates of completion; provided, however, that falsifying or knowingly allowing another to falsify such attendance records or certificates of completion shall constitute grounds for suspension or revocation of the approval required under this section.

**Article 28-427 was added by NYS Laws of 2019 Chapter 750 and amended by NYS Laws of 2020 Chapter 55. These laws have an effective date of January 1, 2022.