Int. No. 429-A

By Council Members Sanchez, Brannan, Won, Restler, Farías, Cabán, Ayala, Hanks, Louis, Schulman, Bottcher, Salaam, Brewer, Narcisse, Gutiérrez, Feliz, Gennaro, Salamanca, De La Rosa, Ossé, Powers, Banks, Dinowitz, Holden, Krishnan, Moya, Hudson, Menin, Brooks-Powers, Zhuang, Marte, Lee, Avilés, Abreu, Stevens, Hanif, Ariola, Paladino, Marmorato, Vernikov, Carr and Morano

A Local Law to amend the administrative code of the city of New York, in relation to the scope of gas piping systems inspections, ordinary plumbing work, reestablishing the plumbing and fire suppression piping contractor license board, emergency work, and seizure

Be it enacted by the Council as follows:

Section 1. Section 28-105.4.1 of the administrative code of the city of New York, as amended by local law number 77 for the year 2023, is amended to read as follows:

§ 28-105.4.1 Emergency work. Work that would otherwise require a permit may be performed without a permit to the extent necessary to relieve an emergency condition. An application for a permit shall be submitted within 2 business days after the commencement of the emergency work and shall include written description of the emergency condition and the measures undertaken to mitigate the hazard. Emergency work may include but shall not be limited to:

1.                     Erection of sidewalk sheds, fences, or other similar structures to protect the public from an unsafe condition.

2.                     Stabilization of unsafe structural conditions.

3.                     Repair of gas leaks.

4.                     Repair or replacement of heating appliances or [hot water] equipment servicing education or residential occupancies from October 1 through May 31.

5.                     Replacement of parts required for the operation of a [combined] standpipe or sprinkler system.

6.                     Repair of a plumbing system necessary to protect the public from an unsafe condition or to restore water service to a building or dwelling unit.

§ 2. Section 28-105.4.4 of the administrative code of the city of New York, as amended by local law number 77 for the year 2023, is amended to read as follows:

§ 28-105.4.4 Ordinary plumbing work. The following ordinary plumbing work may be performed without a permit, provided that the licensed plumber performing such work: (i) provides a monthly report listing completed work and work in progress during the preceding month, including the block, lot and address of each job, a description of the work performed or in progress at each address, and the location in each building where the work was performed or is in progress; (ii) pays the fees for such work in accordance with this code; and (iii) submits to the department a certification that the work was performed in accordance with this code and all applicable laws and rules. Ordinary plumbing work shall include:

1.                     The removal of a domestic plumbing system not connected to a fire suppression or fire protection system, or the removal of a portion of such system.

2.                     The relocation of up to two plumbing fixtures within the same room to a maximum of 10 feet (3048 mm) distant from the original location, except in health care facilities.

3.                     The installation, replacement or repair of a food waste grinder (food waste disposal) or secondary back flow preventer and the replacement or repair of a sump pump.

4.                     The [replacement of closet bends] repair components of a plumbing appliance or plumbing appurtenance or the replacement of a plumbing appurtenance.

5.                     In buildings classified as residential occupancy groups occupied by five families or fewer [in occupancy group R-2 occupied by fewer than six families or in buildings in occupancy group R-3], the replacement of a gas water heater, gas furnace, or a gas-fired boiler with a capacity of 350,000 BTU (103 kW) or less where the existing appliance [gas cock] shutoff valve is not moved, provided that the plumber has inspected the chimney and found it to be in good operational condition.

6.                     The repair or replacement of any non-gas, non-fire suppression piping not longer than [10] 25 feet ([3048] 7620 mm) inside a building, or connected piping previously repaired or replaced under this provision.

7.                     The repair or replacement of any non-gas, non-fire suppression branch piping after the riser shutoff valve, including the replacement of fixtures[, limited to two bathrooms and one kitchen per building per monthly reporting period].

8.                     The replacement of [flexible gas tubing no greater than 4 feet (1219 mm) in length located downstream of the existing gas cock to an appliance, provided such gas tubing does not penetrate a wall] an appliance connector serving the following domestic gas appliances: ranges, ovens, stoves, barbecues, and clothes dryers where the existing appliance shutoff valve remains and replacement shall be in accordance with this code and the New York city fuel gas code. The existing appliance shutoff valve shall be accessible and in good working condition with no noticeable corrosion or deterioration.

9.                      The replacement of the following domestic gas appliances: ranges, ovens, stoves, barbecues, and clothes dryers where the existing appliance shutoff valve remains and when such appliance replacement is in accordance with this code and the New York City fuel gas code. The existing appliance shutoff valve shall be accessible and in good working condition with no noticeable corrosion or deterioration.

§ 3. Section 28-318.3.1 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:

§ 28-318.3.1 Inspection entity. Inspections of gas piping systems shall be conducted on behalf of the building owner by a licensed master plumber or by an individual holding a journeyman plumber registration issued in accordance with article 409 of chapter 4 of title 28 and working under the direct and continuing supervision of a licensed master plumber, with appropriate qualifications as prescribed by department rule but shall include successful completion of a training program acceptable to the department. The department shall require proof of such qualifications on any report and certification as required under section 28-318.3.3.                     

§ 4. Section 28-318.3.2 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:

§ 28-318.3.2 Scope. At each inspection, in addition to the requirements prescribed by this article or by the commissioner, all exposed gas [lines] piping, which includes gas piping that is open to view, from point of entry of gas piping into a building[, including building service meters, up to individual tenant spaces] through the point of connection to any appliance that uses gas supplied by such piping, shall be inspected for evidence of [excessive atmospheric corrosion or piping deterioration that has resulted in a dangerous condition,] unsafe or hazardous conditions, illegal connections, and non-code compliant installations. The inspection entity shall also [test] conduct a leak survey of all exposed gas piping, which includes gas piping that is open to view, from the point of entry of gas piping into a building through the point of connection to any appliance that uses gas supplied by such piping to determine if there is any indication of a gas leak. Public [public] spaces, hallways, and corridors [, and mechanical and boiler rooms with a portable combustible gas detector] on floors that contain gas piping or gas utilization equipment, including mechanical and boiler rooms, shall also be leak surveyed [to determine if there is any gas leak, provided that such testing need only include public spaces, hallways and corridors on floors that contain gas piping or gas utilization equipment]. The leak survey shall be conducted utilizing an instrument approved for leak surveys by the New York state department of public service.

Exception: Other than as required to provide access to the point of entry of gas piping into the building, gas piping, equipment, and appliances, and the point of connection of such equipment located inside of a dwelling unit, as defined by section 202 of the New York city building code, shall not be required to be inspected.                     

§ 5. Section 28-318.3.5 of the administrative code of the city of New York, as added by local law number 138 for the year 2021, is amended to read as follows:

§ 28-318.3.5 Buildings without active gas service. A building otherwise required to undergo an inspection pursuant to section 28-318.1 <https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-158810> that is not currently supplied with gas, and that has no appliance connected to any gas piping, shall not be required to undergo such inspection when the following is submitted to the department:

1.   A signed statement from a person with authority to sign such statement on behalf of any utility company that would be responsible for the provision of gas service if such service were provided containing the following:

1.1.   [The last date upon which gas was supplied to the building] A certification that the building no longer receives gas service, including the last date upon which gas was supplied to such building; and

1.2.   [The date upon which gas service was no longer provided to the building] A certification that the building was fully deactivated from service being provided by the utility, including the date upon which gas service was no longer provided to the building.

   2.   A signed statement from the owner of such building containing the following:

      2.1.   A certification that the building no longer receives gas service; and

      2.2.   A certification that the building no longer contains appliances connected to gas piping service.

§ 6. Article 417 of chapter 4 of title 28 of the administrative code of the city of New York is amended by adding a new section 28-417.2 to read as follows:

§ 28-417.2 Plumbing and fire suppression piping contractor license board. The commissioner shall appoint annually and may remove at the commissioner’s 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.

§ 28-417.2.1 Removal. The commissioner may remove any member of the license board and shall fill any vacancy therein.

§ 28-417.2.2 Membership. Membership of the board shall consist of:

1. Two officers or employees of the department;

2. Five licensed master plumbers, three of whom shall be selected from nominees of the New York city contracting plumbing association whose members perform the largest dollar value of work within the city and one of whom shall be the holder of a class A or class B master fire suppression piping contractor license. The two remaining licensed master plumber board member positions shall be from the next largest plumbing association in the city;

3. Two licensed master fire suppression piping contractors, both of whom shall hold a class A license and shall be selected from nominees of the New York city sprinkler/fire suppression piping contractors association whose members perform the largest dollar value of work within the city;

4. A registered journeyman plumber from the organization representing the largest number of registered journeyman plumbers;

5. A registered journeyman fire suppression piping installer from the organization representing the largest number of registered journeyman fire suppression piping installers;

6. An engineer having at least five years experience in the planning or design, and installation, of plumbing systems;

7. An architect;

8. An engineer who is a full member of the society of fire protection engineers;

9. Two officers or employees of the fire department representing the fire commissioner; and

10. A real estate owner or manager or representative thereof.

§ 28-417.2.3 Organization of the board. A member of the board who is an officer or employee of the department representing the commissioner shall serve as chairperson and all members shall serve without compensation. Alternate members shall be appointed and removed at the commissioner’s discretion. All actions shall be conducted by majority vote of the members present except as otherwise provided, and the board shall keep minutes of its proceedings and records of its investigations. Except as otherwise determined by the chairperson, the board shall meet at least once a month. The chairperson shall provide reasonable notice of scheduled meetings to all members of the board.

§ 28-417.2.4 Advisory and support personnel. The board may request the commissioner to appoint duly authorized representatives to conduct investigations and other activities incidental to the functions of the license board. Such appointees shall be non-voting members of the committee to which they are appointed, and may include personnel who are not department employees who shall serve without compensation. In addition the commissioner may designate such employees of the department as the commissioner deems necessary to the service and support of the license board.

§ 7. Section 28-419.1 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:

§ 28-419.1. General. The vehicles and tools used in connection with unlicensed or unregistered activity at [the] any work site [of a new residential structure containing no more than three dwelling units] shall be subject to seizure and forfeiture.

§ 8. The definitions of “unlicensed activity” and “unregistered activity” in paragraph 3 of section 28-419.2 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, are amended to read as follows:

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.

§ 9. This local law takes effect 120 days after it becomes law.

Session13

APM

LS # 9041,9042,9043,14285

9/17/2025 7:28pm

Session 12

TZ

LS #9041, 9042, 9043, 14285

10/17/23