Int. No. 436

By Council Members Sanchez, Farías, Cabán, Louis, Salaam, Marte, Restler, Powers, Gutiérrez and Hudson (by request of the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to the electrical code and repealing chapter 3 of title 27 of the administrative code of the city of New York in relation thereto

Be it enacted by the Council as follows:

Section 1. Chapter 3 of title 27 of the administrative code of the city of New York is REPEALED.

§2. Section 28-101.1 of chapter 1 of title 28 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:

§28-101.1 Title. The provisions of this chapter shall apply to the administration of the codes set forth in this title and the 1968 building code. This title shall be known and may be cited as the “New York city construction codes” and includes:

The New York city plumbing code.

The New York city building code.

The New York city mechanical code.

The New York city fuel gas code.

The New York city energy conservation code.

The New York city electrical code.

§3. Exception 1 of section 28-101.4.3 of chapter 1 of title 28 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:

1.                     Fuel gas, plumbing, electrical and mechanical work. The installation of and work on all appliances, equipment and systems regulated by the New York city fuel gas code, the New York city plumbing code, the New York city electrical code and the New York city mechanical code shall be governed by applicable provisions of those codes relating to new and existing installations.

§4. Section 28-101.5 of chapter 1 of title 28 of the administrative code of the city of New York is amended by adding, in alphabetical order, definition of “low voltage electrical work” and “minor electrical work” to read as follows:

LOW VOLTAGE ELECTRICAL WORK. The term “low voltage electrical work” means the installation, alteration, maintenance, or repair of electrical wiring that is designed to operate at less than fifty volts (50v) for signaling, communication, alarm, and data transmission circuits.

MINOR ELECTRICAL WORK. Electrical work that is limited in scope, falling into one of the following categories:

1.                     Replacement of defective circuit breakers or switches rated thirty amperes or less, excluding main service disconnects;

2.                     Replacement of parts in electrical panels where voltage does not exceed one hundred fifty volts to ground;

3.                     Replacement of minor elevator parts as defined by rule;

4.                     Replacement of defective controls rated at thirty amperes or less;

5.                     Repair of defective fixtures;

6.                     Replacement of fixtures in existing outlets, provided the number of such fixtures does not exceed five and does not increase existing wattage;

7.                     Replacement, repair, disconnection or reconnection of motors not to exceed one horsepower, and associated devices;

8.                     Repairs to low pressure heating plants with a capacity of less than fifteen pounds per square inch, except as may otherwise be required by rule of the commissioner;

9.                     Installation of any ten or fewer units not requiring the installation of an additional branch circuit;

10.                     Installation of motors of fractional horsepower; and

11.                     Installation of transformers rated at one thousand volt amperes or less.

§5. Section 28-103.17 of chapter 1 of title 28 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:

§28-103.17 Certain outside work, employment and financial interests of department employees prohibited. It shall be unlawful for any officer or employee of the department to be engaged in conducting or carrying on business as an architect, engineer, carpenter, plumber, iron worker, mason or builder, electrician or any other profession or business concerned with the construction, alteration, sale, rental, development, or equipment of buildings. It shall also be unlawful for such employees to be engaged in the manufacture or sale of automatic sprinklers, fire extinguishing apparatus, fire protection devices, fire prevention devices, devices relating to the means or adequacy of exit from buildings, or articles entering into the construction or alteration of buildings, or to act as agent for any person engaged in the manufacture or sale of such articles, or own stock in any corporation engaged in the manufacture or sale of such articles.

§6. Section 28-104.6 of chapter 1 of title 28 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:

§28-104.6 Applicant. The applicant for approval of construction documents shall be the registered design professional who prepared or supervised the preparation of the construction documents on behalf of the owner.

Exception: The applicant may be other than a registered design professional for:

1.                     Limited oil-burning appliance alterations, limited plumbing alterations, limited sprinkler alterations, and limited standpipe alterations (limited alteration application), where the applicant is licensed to perform such work pursuant to this code;

2.                     Demolition applications other than those specified in section 3306.5 of the New York city building code, where the applicant is the demolition contractor performing such demolition. In such cases, the commissioner may require structural plans designed by a registered design professional to address any critical structural, sequencing or site safety items;

3.                     Elevator applications;

4.                     Applications for work falling within the practice of landscape architecture as defined by the New York state education law, including but not limited to landscaping and vegetation plans, tree protection plans, erosion and sedimentation plans, grading and drainage plans, curb cuts, pavement plans, and site plans for urban plazas and parking lots, where the applicant is a landscape architect. Landscape architects shall not file plans for stormwater management and plumbing systems[; and]

5.                     Applications for electrical work, as defined in chapter 4 of this title, where the applicant is licensed to perform such work pursuant to this code; and

6.                      Other categories of work consistent with rules promulgated by the commissioner.

§7. Section 28-105.1 of chapter 1 of title 28 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:

§28-105.1 General. It shall be unlawful to construct, enlarge, alter, repair, move, demolish, remove or change the use or occupancy of any building or structure in the city, to change the use or occupancy of an open lot or portion thereof, or to erect, install, alter, repair, or use or operate any sign or service equipment in or in connection therewith, or to erect, install, alter, repair, remove, convert or replace any electrical, gas, mechanical, plumbing, fire suppression or fire protection system in or in connection therewith or to cause any such work to be done unless and until a written permit therefor shall have been issued by the commissioner in accordance with the requirements of this code, subject to such exceptions and exemptions as may be provided in section 28-105.4.

§8. Section 28-105.2 of chapter 1 of title 28 of the administrative code of the city of New York is amended by adding a new item 13 to read as follows:

13. Electrical permits: for electrical work other than low voltage electrical work. Such permits shall include permits for minor electrical work.

§9. Section 28-105.4 of chapter 1 of title 28 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:

§28-105.4 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code, the zoning resolution or any other law or rules enforced by the department. Such exemptions shall not relieve any owner of the obligation to comply with the requirements of or file with other city agencies. Unless otherwise indicated, permits shall not be required for the following:

1.                     Emergency work, as set forth in section 28-105.4.1.

2.                     Minor alterations and ordinary repairs, as described in section 28-105.4.2.

3.                     Certain work performed by a public utility company or public utility corporation, as set forth in section 28-105.4.3.

4.                     Ordinary plumbing work, as set forth in section 28-105.4.4.

5.                     Permits for the installation of certain signs, as set forth in section 28-105.4.5.

6.                     Geotechnical investigations, as set forth in section 28-105.4.6.

7.                     The installation, alteration or removal of alternative automatic fire extinguishing systems, including but not limited to fire extinguishing systems for commercial cooking equipment, subject to the approval of the fire department in accordance with section 105 of the New York city fire code.

8.                     The installation, alteration or removal of fire alarm systems, emergency alarm systems and fire department in-building auxiliary radio communication systems, subject to the approval of the fire department in accordance with the requirements of this code. Such work shall be submitted in accordance with the rules and regulations of the fire department.

9.                     Low voltage electrical work.

10.                     Electrical work relating to the construction and maintenance of city street lights and city traffic lights owned, operated or controlled by the city or any agency thereof.

11.                     Other categories of work as described in department rules, consistent with public safety.

§10. Chapter 1 of title 28 of the administrative code of the city of New York is amended by adding a new section 28-105.4.7 to read as follows:

§28-105.4.7 Low voltage electrical work.  An electrical permit shall not be required for the installation, alteration, maintenance or repair of electrical wiring that is designed to operate at less than fifty volts (50v) for signaling, communication, alarm, and data transmission circuits, provided that such work is performed by a licensed master, special electrician or qualified person as defined in the New York City Electrical Code.

Exceptions:

1.                     The installation, alteration, maintenance or repair, of any wiring that connects to, is part of, or is located within the following systems shall only be performed by a licensed master or special electrician:

1.1. Life safety systems as defined by rule of the commissioner, including but not limited to (i) those safety systems and features listed in section 28-109.3 of this code and (ii) alarm and extinguishing systems subject to chapter 9 of the building code.

1.2.                     Class I, II or III circuits in hazardous locations as described in the New York City Electrical Code, including but not limited to certain areas within commercial garages as set forth therein, aircraft hangers, gasoline dispensing and service stations, bulk fuel storage plants and facilities that may be utilized for spray applications or for a dipping and coating process.

1.3.                     Intrinsically safe systems as described in the New York City Electrical Code.

1.4.                     A point of connection to or interfacing with a control circuit that activates light, heat or power circuits.

2. Other systems as determined by the rules of the department.

§11. Section 28-105.5.1 of chapter 1 of title 28 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:

§28-105.5.1 Applicant for permit. The applicant for a permit shall be the person who performs the work or who retains a subcontractor to do the work.

Exception: For permits issued for plumbing work, fire protection and suppression work, electrical work and oil-burning appliance work, the applicant for such permits shall be the licensed master plumber, licensed master fire suppression piping contractor, licensed master electrician, licensed special electrician or licensed oil-burning equipment installer, respectively, who performs the work.

§12. Section 28-112.2 of chapter 1 of title 28 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:

§28-112.2 Schedule of permit fees. Permits for new buildings, structures, mechanical, and plumbing, and electrical systems or alterations requiring a permit shall be accompanied by a fee for each permit in accordance with the fee schedule of Table 28-112.2 and sections 28-112.2.1 and 28-112.2.2. [Fifty percent of the total fee for the work permit, but not less than $100, or the total fee for the work permit where such fee is less than $100, shall be paid and shall accompany the first application for the approval of construction documents; and the whole or remainder of the total fee shall be paid before the work permit may be issued.] The commissioner may require reasonable substantiation of any statement or other form that may be required by the department.

§28-112.2.1 Permits for other than electrical work.  For work that will result in a new certificate of occupancy or change to the certificate of occupancy, fifty percent of the total fee for the work permit, but not less than $130, or the total fee for the work permit where such fee is less than $130, shall be paid and shall accompany the first application for the approval of construction documents and the whole or remainder of the total fee shall be paid before the work permit may be issued. For work that will not result in a new certificate of occupancy or change in the certificate of occupancy, one hundred percent of the total fee for the work permit, but not less than one hundred and thirty dollars, shall be paid at the time of filing.

§28-112.2.2 Permits for electrical work. Fees for electrical work requiring a permit shall be in accordance with department rules. For electrical work requiring a permit, fifty percent of the total fee for the work permit, but not less than $130, or the total fee for the work permit where such fee is less than $130, shall be paid at the time of filing; and the remainder of the total fee shall be paid before any department inspection.

§13. Table 28-112.2 of chapter 1 of title 28 of the administrative code of the city of New York is amended to add a fee for “permit for electrical work” before the fee for “Permit to install or alter service equipment except plumbing and fire suppression piping service equipment” to read as follows:

§14. Table 28-112.8 of chapter 1 of title 28 of the administrative code of the city of New York is amended to add the fee for certain applications for electrical work at the end of such table to read as follows:

§15. Section 28-116.2.4 of chapter 1 of title 28 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:

§28-116.2.4 Final inspection. There shall be a final inspection of all permitted work. Final inspections shall comply with sections 28-116.2.4.1 through 28-116.2.4.3

Exception. A final inspection shall not be required for minor electrical work as defined in section 28-101.5.

§16. Article 119 of chapter 1 of title 28 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:

ARTICLE 119
SERVICE UTILITIES

§28-119.1 Connection of gas service utilities. It shall be unlawful for any utility company or utility corporation to supply gas to a building, place or premises in which new meters other than replacement are required until a certificate of approval of gas installation from the department is filed with such utility company or utility corporation. When new gas service piping has been installed, it shall be locked-off by the utility company or utility corporation either by locking the gas service line valve or by installing a locking device on the outside gas service line valve. The lock shall not be removed until the gas meter piping (other than utility owned) and gas distribution piping have been inspected and certified as required by the department of build-ings as being ready for service.

§28-119.1.1 Gas shut-off for alterations to gas piping systems. When alterations, extensions or repairs to existing gas meter piping or gas distribution piping require the shut-off of gas flow to a building, the utility company shall be notified by the owner or his or her authorized representative.

§28-119.2 Temporary connection. The commissioner shall have the authority to authorize the temporary connection of the building or system to the gas service utility.

§28-119.3 Authority to disconnect gas utility service. The commissioner may authorize disconnection of gas service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The department shall notify the local gas utility company, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action.

§28-119.4 Notification of gas shut-off or non-restoration after inspection. Within 24 hours after gas service to a building is shut off by a utility company or utility corporation because of a class A or class B condition, as described in part 261 of title 16 of the New York codes, rules and regulations, and within 24 hours after gas service is, after an inspection by such a company or corporation, not restored because of such a condition, such company or corporation and the owner of such building shall each provide notice to the department in a form and manner prescribed by the department.

§28-119.5 Connection of electric service utilities. It shall be unlawful for any person, partnership or corporation to supply, or cause to be supplied or used, electrical energy for light, heat or power, signaling, alarm or data transmission to any wiring or appliance in any building unless a sign-off or other authorization as set forth in the rules of the department authorizing the use of said wiring or appliance shall have been issued by the commissioner.

§28-119.5.1 Authorization to energize. An authorization to power or energize electrical wiring or appliances issued by the department shall expire ninety days after the date of issuance unless a sign-off has been issued by the department or an extension of such authorization has been granted by the department. In the event no such sign-off has been issued or extension authorization granted, the department may take action leading to the disconnecting of such meter in accordance with the notice requirements set forth in section 87.2 of the New York city electrical code.

§28-119.5.2 Electric meter installation; restriction. A public utility shall not supply electricity to a one-, two-, three- or four-family dwelling, or energize more utility meters in a building than the number of distinct and separate dwelling units in such building as authorized in the certificate of occupancy applicable thereto, or if there is no certificate of occupancy, as determined by the department, without first receiving a written sign-off from the department. An owner of a one-, two-, three- or four-family dwelling may request approval to install an additional utility meter from the department. A public utility shall not install such additional utility meter without such approval. A building with two or more dwelling units in accordance with the certificate of occupancy, or if there is no certificate of occupancy, as determined by the department, shall have one meter for each dwelling unit and may have one additional meter for the common areas of the building, provided that smoke detecting devices are installed in all common areas in accordance with departmental requirements. Such common areas may include boiler rooms, shared hallway lighting, shared stairway lighting and outdoor perimeter lighting, but shall not include any habitable space. In the event that a meter has been found to have been installed or to exist in violation of this section, the utility must report such findings to the department, which may take action leading to the disconnecting of such meter in accordance with the notice requirements set forth in section 87.2of the New York city electrical code.

§28-119.6 Authority to disconnect electrical energy supply. The commissioner may authorize wires or appliances to be disconnected from the supply of electrical energy and to seal the wiring and appliances, after due inspection and/or where in the commissioner’s judgment the continued use of such electric wiring or appliances in or on any building or structure is unsafe or dangerous to persons or property.

§17. Section 28-401.3 of chapter 4 of title 28 of the administrative code of the city of New York is amended by adding new definitions of “electrical work”, “employee”, “licensed master electrician, master electrician”, “licensed special electrician, special electrician”, “low voltage electrical work”, “master electrician business” and “responsible representative” in alphabetical order, to read as follows:

§28-401.3 Definitions. As used in this chapter, the following terms shall have the following meanings unless the context or subject matter requires otherwise.

ELECTRICAL WORK. The installation, alteration, maintenance, repair or demolition of electric wires and wiring apparatus and other appliances used or to be used for the transmission of electricity for electric light, heat, power, and signaling, communication, alarm or data transmission. (see also minor electrical work).

EMPLOYEE. An individual who is on the payroll of an employer and who under the usual common law rules applicable in determining the employee-employer relationship has the status of an employee. Such term shall not include an independent contractor.

LICENSED MASTER ELECTRICIAN, MASTER ELECTRICIAN: An individual who has satisfied the requirements of this chapter for the master electrician license, who has been issued a license and seal and who is authorized under the provisions of this chapter to perform electrical work in the city of New York. A master electrician licensee shall practice their trade in association with a master electrician business.

LICENSED SPECIAL ELECTRICIAN, SPECIAL ELECTRICIAN: An individual who has satisfied the requirements of this chapter for the special electrician license and has been issued a license and seal. A special electrician licensee shall be an employee of an individual, a partnership or a corporation owning, leasing or managing a building, buildings or parts thereof who has obtained written authorization from the commissioner, pursuant to this chapter, to perform electrical work in or on specific buildings, lots or parts thereof owned, leased or managed by such individual, corporation or partnership.

LOW VOLTAGE ELECTRICAL WORK. Refer to section 28-101.5.

MASTER ELECTRICIAN BUSINESS. A sole proprietorship, partnership or corporation authorized by the commissioner to engage in or carry on, as an independent contractor and as its regular business, the business of performing electrical work in or on any building, premises or lot in the city under a license issued to a master electrician.

RESPONSIBLE REPRESENTATIVE: A master electrician who has the authority to make final determinations and who has full responsibility on behalf of a master electrician business for the manner in which electrical work is done and for the selection, supervision and control of all employees of such business who perform such work.

§18. Section 28-401.10 of chapter 4 of title 28 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:

§28-401.10 Issuance of license and seal, where applicable, or certificate of competence. 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 the application of a seal, the seal shall be issued with the license except as provided otherwise in this chapter. The license 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 or seal. The loss or theft of a license or seal must be reported to the department within five calendar days. Before any license or seal may be reissued, the applicant shall pay a reissuance fee as prescribed by the department’s rules.

§19. Table 28-401.15 of chapter 4 of title 28 of the administrative code of the city of New York is amended to add fees for “master electrician license”, “master electrician license seal” “special electrician” and “special electrician license seal” at the end of the table after the fee for “Lift director” to read as follows:

§20. Item 5 of section 28-401.19 of chapter 4 of title 28 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended and new items 19 and 20 are added to read as follows:

5.                     Fraudulent dealings or misrepresentation;

19.                     Contract work by holders of special electrician’s licenses.

20.                     Failure to demonstrate fitness to engage in the trade for which the individual is licensed.

§21. Section 28-401.20.1 of chapter 4 of title 28 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:

§28-401.20.1 Service of request or order. Such request or order by the commissioner or other city agency or office shall be mailed by regular mail to the person named therein to his or her last known business or home address at least ten days before such appearance and shall contain the name of the person, date, time and place of such appearance and, if known or applicable, a description of any requested documents. If the appearance or information is required immediately, the request or order may be transmitted [via] to the electronic mail address provided by the person, or via facsimile or delivered to the person’s last known business or home address prior to the date and time specified therein.

§22. Chapter 4 of title 28 of the administrative code of the city of New York is amended by adding a new article 429 to read as follows:

ARTICLE 429
MASTER ELECTRICIAN LICENSE

§28-429.1 Master electrician license required. It shall be unlawful for any person:

1.                     To perform electrical work unless such person is a licensed master electrician or working under the direct and continuing supervision of a licensed master electrician.

Exceptions:

1. Low voltage electrical work may be performed by qualified persons, as defined in the New York city electrical code.

2. Electrical work may be performed by persons licensed as special electricians or persons working under the direct and continuing supervision of such licensed special electricians pursuant to article 430 of this chapter.

2.                     To falsely represent that they are authorized to perform electrical work under a master electrician’s or special electrician’s license or use in any advertising the words “master electrician” or the words “licensed electrician” or the words “electrical contractor” or any words of similar meaning or import on any sign, card, letterhead or in any other manner, unless such person is so authorized pursuant to this chapter and the rules of the department.

§28-429.2 Seal. The holder of a master electrician’s license shall be issued a seal, of a design and form authorized by the commissioner, bearing the holder’s full name, license number and the legend “licensed master electrician.” 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 electrician performing the work and services shall personally sign and seal all applications and other documents required to be filed pursuant to this code. 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.

§28-429.3 Additional qualifications. Applicants for a master electrician license shall have the following additional qualifications:

§28-429.3.1 Experience. All applicants for a master electrician’s license shall submit satisfactory proof establishing that the applicant:

1.                     Has at least seven (7) years of experience within the ten (10) years prior to application working with their tools on the installation, alteration and repair of wiring and appliances for light, heat and power in or on buildings or comparable facilities under the direct and continuing supervision of a licensed master or special electrician in the United States, at least two (2) of such years must have been obtained in New York city;

2.                     Has received a bachelor’s degree in electrical engineering or appropriate engineering technology from an accredited college or university, and has at least three (3) years of experience within the five (5) years prior to application working with their tools on the installation, alteration and repair of wiring and appliances for electric light, heat and power in or on buildings or comparable facilities under the direct and continuing supervision of a licensed master or special electrician in the United States, at least two (2) of such years must have been obtained in New York city;

3.                     Has completed an apprenticeship program registered with the New York state department of labor, specializing in electrical wiring, installation and design or applied electricity and who has at least five (5) years within the ten (10) years prior to application of experience working with their tools on the installation, alteration and repair of wiring and appliances for electric light, heat and power in or on buildings or comparable facilities under the direct and continuing supervision of a licensed master or special electrician in the United States, at least two (2) of such years must have been obtained in New York city;

4.                     Has experience as an employee of a government agency, private inspection agency or other entity, acceptable to the commissioner, whose duties primarily involve the inspection of electrical work for compliance with the New York city electrical code and/or other laws relating to the installation, alteration or repair of electrical systems that shall be credited for fifty percent (50%) of the number of years that they have been satisfactorily employed in such duties within the ten (10) year period prior to application, which, however, in no event, shall exceed two and a half (2.5) years credit of satisfactory experience. The balance of the required seven (7) years must have been obtained by working with their tools on the installation, alteration and repair of wiring and appliances for electric light, heat and power in or on buildings or comparable facilities under the direct and continuing supervision of a licensed master or special electrician in the United States, with at least two (2) of such years of experience obtained in New York city, except that the above requirement that an applicant’s work experience must have been within the ten (10) year period prior to application shall not apply to such balance of the required seven (7) years of experience.

§28-429.4 Requirement for obtaining a license and seal. An applicant who has satisfied all requirements for a master electrician’s license shall obtain a license and seal issued upon establishing a master electrician business conforming to the requirements of this article and rules promulgated by the department.

§28-429.5 Issuance. A master electrician license and seal shall be issued only to an individual. A master electrician’s license and a special electrician’s license and seal shall not be held by any person at the same time. The holder of a master electrician’s license, upon entering employment as a special electrician, shall deactivate their master electrician’s license and seal and change over to a special electrician’s license and seal to cover the building, buildings or parts thereof, for which they will be employed.

§28-429.5.1 Surrender of license and seal. Upon the death or the retirement of a licensed master electrician, or upon the surrender, revocation or suspension of their license, their license and seal shall immediately be surrendered to the commissioner. A corporation or partnership must notify the department of the death of a responsible representative within thirty (30) days after such death. Nothing contained herein shall be construed to prevent the legal representative of a deceased licensee, with the consent of the commissioner, from retaining such 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 electrician and is completed within one year from the date of the death of the original licensee.

§28-429.6 Use. Nothing herein contained shall be construed to prohibit the use of a master electrician license by the holder thereof for or on behalf of a partnership, corporation or other business association provided that such partnership, corporation or other business is a master electrician business registered with the department pursuant to section 28-429.7. Where the department has issued a violation notice for work performed by an unlicensed person or work performed without the required permit and where such work is otherwise in compliance with the New York City Electrical Code, a responsible representative may file an application for a permit or take any other actions with respect to such work directed by the department to address the violation.

§28-429.7 Master electrician business. Every applicant shall be required to submit such documentation as is required to establish a place of business within the city of New York. The applicant shall indicate the name and license number of the master electrician who shall serve as the responsible representative of such business, and, if the business is a partnership or corporation, the names of all other master electricians associated with such business. The following requirements shall apply to a Master Electrician Business:

1.                     A licensed master electrician business shall be a sole proprietorship, partnership or corporation. A master electrician business shall be principally engaged in the business of performing electrical work in or on buildings, premises or lots in the city under a license issued to a master electrician.

2.                     The commissioner shall issue an authorization number to every master electrician business. The authorization number shall be included on all applications for permits and any other documents required to be filed with the department. If the business is a partnership or corporation, the name of the responsible representative and the names of all other master electricians associated with such business must be disclosed to the department.

3.                     No individual, corporation, partnership or other business association shall conduct an electrical contracting business in the city of New York, or employ the name “electric” or “electrical” in its business name unless such business is a master electrician business registered with the department.

4.                     The approval of a master electrician business is valid so as long as the responsible representative actively participates in the actual operation of the business and remains an officer of such corporation, a partner of such partnership or the proprietor of such sole proprietorship unless the department approves a change in the responsible representative.

§28-429.7.1 Responsible representative. A master electrician shall serve as the responsible representative of a master electrician business. A partnership or corporation shall designate only one master electrician who is a partner of such partnership or an officer of such corporation to be the responsible representative of such partnership or corporation. Under no circumstances shall any one licensee represent more than one business at any one time. The master electrician proprietor of a sole proprietorship shall be the responsible representative of such sole proprietorship. The responsible representative shall file for, supervise, direct and be fully responsible for the work performed by the master electrician business.

Exception: Where work is done under a permit issued pursuant to an application bearing the signature and seal of a licensed master electrician registered at the same business who is not the responsible representative, both such licensed master electrician and the responsible representative of such business shall be jointly and severally responsible for the manner in which the work is done.

§28-429.7.2 Identification. All business vehicles, advertising, websites and stationery used in connection with a master electrician business shall display prominently the full name of the licensee, the words “N.Y.C. licensed electrician,” the licensee’s number and the licensee’s business address. If the business is conducted under a trade name, or by a partnership or corporation, the trade name, partnership or corporate name shall be listed immediately above the full name or names of the licensed master electrician or licensed master electricians registered at such business.

§28-429.7.3 Place of business. At such place of business, there shall at all times be prominently displayed a permanent sign of a minimum size of one hundred fifty square inches, stating the name of such license holder, the license number of such licensee and the words “licensed electrician” or “licensed electrical contractor” on a plate glass window and the name of the master electrician business if different than the name of the license holder; or an outside sign of permanent construction fastened and readily visible to pedestrians; or if such place of business be an office, commercial or industrial building, the names shall be indicated on the entrance door of the particular portion of the premises or on a bulletin board on the main floor. The office or other place where the master electrician business is to be conducted may be shared by one or more master electrician businesses. However, each business whether in the form of a sole proprietorship, partnership or corporation, shall distinguish its identity from any other business sharing the same office space. Such distinctions shall be maintained in a manner satisfactory to the department.

§28-429.7.4 Withdrawal of license. The revocation, suspension, license deactivation, surrender, death, retirement or non-renewal of the master electrician’s license of the responsible representative of a master electrician business automatically revokes its approval to do business and cancels any delegation of authority given by such responsible representative to another master electrician associated with such business pending the approval by the department of a new responsible representative, except as provided in section 28-429.5.1.

§28-429.8 Change of license type. An application for a change of license from master electrician to special electrician shall involve the issuance of a new license and seal with or without examinations as the commissioner may direct.

§28-429.9 Joint venture. Nothing in this chapter shall be construed to prevent two or more master electrician businesses from entering into a joint venture of limited duration for a particular project in accordance with the rules of the department. An application for a permit involving a joint venture shall so indicate on the application and shall identify all of the master electrician businesses that are parties to such joint venture by name and authorization number and the names and license numbers of the responsible representatives of such businesses. The application shall be signed by the responsible representative of one of the parties to the joint venture on behalf of all such parties and all of such parties shall be jointly and severally liable for any fees due with respect to electrical work performed by such joint venture and for violations of applicable laws, rules and regulations of the department arising out of such work.

§28-429.10 Fitness to perform work. As a condition of license renewal, a licensed master electrician shall provide evidence satisfactory to the department that such licensee is fit to perform the work.

§23. Chapter 4 of title 28 of the administrative code of the city of New York is amended by adding a new article 430 to read as follows:

ARTICLE 430
SPECIAL ELECTRICIAN LICENSE

§28-430.1 Special electrician license required. It shall be unlawful for any person:

1.                     To perform electrical work unless such person is a licensed special electrician or working under the direct and continuing supervision of a licensed special electrician.

Exceptions:

1. Low voltage electrical work may be performed by qualified persons, as defined in the New York city electrical code.

2. Electrical work may be performed by persons licensed as master electricians or persons working under the direct and continuing supervision of such licensed master electricians pursuant to article 429 of this chapter.

2.                     To use the title licensed special electrician, special electrician or any other title in such manner as to convey the impression that such person is a licensed special electrician, unless such person is licensed as such in accordance with the provisions of this article.

§28-430.2 Seal. The holder of a special electrician’s license shall be issued a seal, of a design and form authorized by the commissioner, bearing the holder’s full name, license number and the legend “licensed special electrician.” 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 special electrician performing the work and services shall personally sign and seal all applications and other documents required to be filed pursuant to the code. 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.

§28-430.3 Additional qualifications. Applicants for a special electrician license shall have the following additional qualifications:

§28-430.3.1 Experience. All applicants for a special electrician license shall submit satisfactory proof establishing that the applicant:

1.                     Has at least seven (7) years of experience within the ten (10) years prior to application working with their tools on the installation, alteration and repair of wiring and appliances for light, heat and power in or on buildings or comparable facilities under the direct and continuing supervision of a licensed master or special electrician in the United States, at least two (2) of such years must have been obtained in New York city;

2.                     Has received a bachelor’s degree in electrical engineering or appropriate engineering technology from an accredited college or university, and has at least three (3) years of experience within the five (5) years prior to application working with their tools on the installation, alteration and repair of wiring and appliances for electric light, heat and power in or on buildings or comparable facilities under the direct and continuing supervision of a licensed master or special electrician in the United States, at least two (2) of such years must have been obtained in New York city;

3.                     Has completed an apprenticeship program registered with the New York state department of labor, specializing in electrical wiring, installation and design or applied electricity and who has at least five (5) years within the ten (10) years prior to application of experience working with their tools on the installation, alteration and repair of wiring and appliances for electric light, heat and power in or on buildings or comparable facilities under the direct and continuing supervision of a licensed master or special electrician in the United States, at least two (2) of such years must have been obtained in New York city;

4.                     Has experience as an employee of a government agency, private inspection agency or other entity, acceptable to the commissioner, whose duties primarily involve the inspection of electrical work for compliance with the New York city electrical code and/or other laws relating to the installation, alteration or repair of electrical systems that shall be credited for fifty percent (50%) of the number of years that they have been satisfactorily employed in such duties within the ten (10) year period prior to application, which, however, in no event, shall exceed three (3) years credit of satisfactory experience. The balance of the required seven (7) years must have been obtained by working with their tools on the installation, alteration and repair of wiring and appliances for electric light, heat and power in or on buildings or comparable facilities under the direct and continuing supervision of a licensed master or special electrician in the United States, with at least two (2) of such years of experience obtained in New York city, except that the above requirement that an applicant’s work experience must have been within the ten (10) year period prior to application shall not apply to such balance of the required seven (7) years’ experience.

§28-430.4 Requirement for obtaining a license and seal. An applicant who has satisfied all requirements for a special electrician’s license shall obtain a license and seal.

§28-430.5 Issuance. A special electrician license and seal shall be issued only to an individual. Their license shall plainly indicate the address or addresses of the building, buildings or parts thereof for which such license is issued. A master electrician’s license and a special electrician’s license and seal shall not be held by any person at the same time. The holder of a master electrician’s license, upon entering employment as a special electrician, shall deactivate their master electrician’s license and seal and change over to a special electrician’s license and seal to cover the building, buildings, or parts thereof, for which they will be employed.

§28-430.5.1 Surrender of license and seal. Upon the death or the retirement of a licensed special electrician, or upon the surrender, revocation or suspension of their license, such license and seal shall immediately be surrendered to the commissioner.

§28-430.6 Waiver of examinations. Where the application is on behalf of a city agency, the commissioner may waive the examination requirement if the applicant has sufficient experience qualifications of a type and duration comparable to those set forth in section 28-430.3 of this section as determined by the commissioner.

§28-430.7 Use. A special electrician shall be principally engaged in the business of performing electrical work in or on buildings, premises or lots so authorized under the license.

A special electrician licensee shall determine the method of doing the work in or on such buildings and shall have sole responsibility for supervising and directing the employees of such owner, lessee or manager who perform such work. A special electrician shall not supervise the work of individuals who are not employees of the owner, lessee or manager of the buildings on which the special electrician is authorized by his or her license to perform electrical work.

The commissioner may issue more than one special license for a building or buildings if, in the commissioner’s judgment, the commissioner deems it necessary for the proper operation and maintenance of the electric wiring and equipment of the building or buildings involved.

§28-430.7.1 Restriction. A special electrician’s license shall not authorize the holder to engage in or carry on the business of performing electrical work as an independent contractor.

§28-430.8 Place of business.