(a) Grounds for certification and renewal of certification. The commissioner may grant and each January thereafter renew certification of private electrical inspection agencies, provided:
(1) the agency applying for certification certifies in writing that each of the inspectors it shall employ to conduct the inspections permitted by §27-3005(2)(b) of the Administrative Code shall possess five years experience as an electrician or inspector of electrical installation; or three years of experience as an electrician or inspector of electrical installation plus two years of education at an accredited college technical school in a program emphasizing courses in electrical installations or education toward a baccalaureate degree in Electrical Engineering or Engineering Technology with an emphasis on electrical installation or repair. Two of the requisite years of working experience as an electrician or inspector of electrical installation shall be experience in the installation of lighting, heating and power. Experience and education must be acceptable to the Department of Buildings and is subject to the Commissioner's review and approval; and
(2) the agency possesses
(i) a general liability insurance policy in excess of $5 million, and
(ii) worker's compensation insurance for its employees and submits copies of the Insurance Certificates to the Commissioner; and
(3) the agency furnishes the names of its inspectors and documentation supporting the experience required by 1 RCNY §35-01(a)(1) hereof, and thereafter promptly advises the commissioner of any changes in personnel affecting the inspection permitted; and
(4) the agency prohibits its inspectors and other employees from accepting any gratuities or other benefit for work performed pursuant to these regulations and §27-3005(2)(b) of the Administrative Code; and
(5) the agency does not conduct an inspection pursuant to §27-3005(2)(b) of the Administrative Code of any work performed by any of its own officers, employees, or any other person associated with the agency; and
(6) the agency has a legal place of business within the city of New York (P.O. Box not acceptable).
(b) Right to deny or revoke certification.
(1) The commissioner or his designee may deny or revoke certification where investigation reveals any of the following:
(i) the agency has failed to comply with any of the provisions enumerated in 1 RCNY §35-01(a) of these rules and regulations;
(ii) the agency has knowingly made false or misleading statements, or knowingly falsified or allowed to be falsified any certificate, form, signed statement, application, or report filed with the department, or failed to file a report required by law or the department or willfully impeded or obstructed such filing, or induced another person to do so; (iii) the agency engages in any other conduct evidencing a willful or grossly negligent failure to comply with provisions of state or local law, or rules or regulations promulgated pursuant to statutory authority; or
(iv) the agency engages in any other conduct evidencing a departure from the standard or good character applicable to the trade of licensed electrician.
(2) Where the commissioner or his designee, in his or her discretion, deems the certification of the agency shall be revoked, the agency shall be entitled to a hearing before the Office of Administrative Trials and Hearings as provided by rules promulgated by the department.
(3) Where the commissioner or his designee, in his or her discretion, deems that continued certification of the agency would be likely to create a condition of imminent peril to public safety, the revocation determination shall be effective immediately. In such an instance, the agency shall be entitled to a hearing pursuant to 1 RCNY §35-01(b)(21 of the rules at the next available scheduled hearing session before the Office of Administrative Trials and Hearings.
(c) Contractual obligation.
(1) A contractual agreement between the agency and the City of New York is required in order for the agency to perform electrical inspections for the City of New York.
(2) Certification by the Commissioner is a prerequisite for participation in the contracting process.
(a) All applications for a certificate of electrical inspection for electrical work filed with the Department of Buildings shall specify a completion date for such work. No certificates of electrical inspection, other than temporary certificates for electrical service, shall be issued, unless and until the required total application fee or fees therefor shall have been paid to the commissioner.
(b) The fees required to be paid pursuant to 27-3018(b) of the Administrative Code shall be paid as follows:
(1) The filing fee set forth in 27-3018, subdivision (b) of the Administrative Code shall be paid upon the filing of the application for a certificate of electrical inspection.
(2) (i) The licensee shall schedule an inspection within thirty (30) days after the completion date specified on the application in accordance with procedures established by the Department. The remainder of the total fee, based upon the work listed on the application, shall be due and payable upon completion of the scheduled inspection by the Department. Upon completion of the inspection and the Department's determination that the work performed is complete and in compliance with the applicable provisions of the Electrical Code and upon the Department's having received full payment of applicable fees, including any additional fee payable under paragraph (4) of this subdivision, a certificate of electrical inspection shall be issued to the licensee.
(ii) if the licensee fails to schedule an inspection in accordance with Department's procedures within thirty days after the completion date specified on the application for a certificate of electrical inspection, or such date as extended by the Department, or cancels a scheduled inspection appointment with less than forty-eight (48) hours notice, or cancels a scheduled inspection more than forty-eight (48) hours prior to the inspection without scheduling an alternative date in accordance with Department procedures, or fails to provide access for the scheduled inspection, or if upon inspection it is determined by the Department that the work is not complete, or the scope of the work exceeds the scope of work indicated on the application or the work is not in compliance with the Electrical Code, the remainder of the total fee shall be due and payable immediately.
(3) Where the remainder of the total fee is due and payable immediately, as provided in paragraph (2)(ii) above, the licensee shall continue to be required to schedule an inspection(s) in the same manner as the initial inspection until the Department determines that the work performed conforms with the scope of the work indicated on the application and is in compliance with the applicable provisions of the Electrical Code. Upon such a determination and upon the Department's having received full payment of applicable fees, including any additional fee payable under paragraph (4) of this subdivision, a certificate of electrical inspection shall be issued to the licensee.
(4) Any additional fee, based on amendments to the original application that include additional work, must be paid prior to the issuance of a certificate of electrical inspection.
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