As used in this chapter the following terms shall have the following meanings unless the context or subject matter requires otherwise.
BOILER, HIGH-PRESSURE. An appliance for supplying steam or hot water that, for a steam boiler, operates at a pressure of more than 15 psig (103 kPa gauge), and for a hot water boiler, operates at a pressure exceeding 160 psig (1103 kPa gauge) or at a temperature exceeding 250°F (121°C).
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 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 licensee's 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.
DIRECT SUPERVISION. Responsible control exercised by a licensed individual over individuals performing the actual work of the licensee's trade. Such control shall be evidenced by such licensee's signature, and seal where applicable, upon any required statements, applications and/or permits. Direct 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. All work shall be performed under the guidance and direction of the licensed individual, or, for gas work, a person who holds a gas work qualification pursuant to article 423, who shall be present at all times such trade work is conducted.
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 SYSTEM. Any system including any and all equipment and materials in connection therewith, 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 which shall include any standpipe system to which a sprinkler system is or is now being connected; or
2. Up to 30 sprinkler heads off the domestic water in any one building; or
3. 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.
Fire suppression piping systems shall not include:
1. Any electrical components that must be installed by a licensed electrician pursuant to the New York city electrical code; or
2. Portable fire extinguishers; or
3. Connection to domestic water being used for sprinklers.
FIRE SUPPRESSION PIPING WORK. The installation, maintenance, repair, modification, extension, or alteration or testing of a fire suppression piping system in any building in the city of New York. Fire suppression piping work shall not include plumbing work.
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.
GOVERNMENT AGENCY. Any office, position, administration, department, division, bureau, board, commission, corporation, institution or agency under the control of any city, county, state or the federal government of the United States of America.
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 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.
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 and 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 and 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.
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 New York city zoning resolution.
(Am. 2019 N.Y. Laws Ch. 750, 1/1/2020, eff. 1/1/2022; Am. 2020 N.Y. Laws Ch. 55, 4/3/2020, eff. 1/1/2022; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008 and L.L. 2021/126.