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a. Except as provided for in subdivision b of this section, the provisions of this chapter shall not apply to:
1. Electrical equipment used exclusively for the operation of railroads, railways and trackless trolleys, or
2. Installations, including associated lighting, under the exclusive control and use of electric utilities for the purpose of communications, metering, generation, control transformation, transmission or distribution of electric energy. Such installations shall be located in buildings used exclusively by utilities for such purpose, in buildings in enclosures containing only metering equipment, outdoors on property owned or leased by the utility, on public highways, streets or roads or outdoors on private property by established rights such as easements, or
3. Communication equipment used exclusively for communicating or signal purposes provided that such equipment is installed by and under the exclusive control and use of communications utilities subject to the jurisdiction of the public service commission and is located outdoors or in building spaces used only for such equipment.
b. The provisions of this chapter shall apply to such portions of commercial, industrial or office buildings owned or leased by the above mentioned persons or corporations, not used for the operations of such persons or corporations, such as public spaces leased or rented to other persons or corporations.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2001/064 and L.L. 2011/039.
a. For each calendar year, the commissioner shall appoint a board to review the character and fitness of applicants for a master electrician's or special electrician's licenses and the approval of master electrician businesses, to advise the commissioner regarding allegations of illegal practices on the part of master and special electricians or master electrician businesses, to investigate and report on all proposed suspensions or revocations of licenses and approvals of master electrician businesses and all proposed penalties, and to perform any other responsibilities as may be requested by the commissioner and as set forth in rules promulgated by the department. The commissioner may, for good cause shown, remove any member thereof and shall fill any vacancy therein, which board shall consist of:
1. Two officers or employees of the department.
2. Two licensed master electricians actively engaged in the trade.
3. A journeyman electrician.
4. An electrical inspector in the employ of an inspection agency certified by the commissioner.
5. An electrician in the employ of a public service corporation of the city.
6. A registered architect or licensed professional engineer of at least five years experience.
7. A real estate owner or manager.
b. A member of the board who is an officer or employee of the department shall serve as chairperson and all members shall serve without compensation. Five members including the chairperson, who shall be entitled to vote, shall constitute a quorum of the board for the transaction of business; but no recommendation for the issue, modification, suspension or revocation of a license or of a proposed penalty shall be adopted except by the vote of at least five members of the board.
c. The license board shall investigate the character and fitness of all applicants for licenses who shall have passed the required examination and shall report to the commissioner the results of such examination. It shall investigate and hear all written complaints against holders of such licenses and master electrician businesses and report to the commissioner its findings and recommendations. It shall keep minutes of its proceedings and hearings and records of its investigations and examinations of applicants for licenses and approvals of master electrician businesses. Upon the holding of any hearing, the chairperson of the board presiding at such hearing may administer oaths, and the board may issue and cause to be served subpoenas requiring the attendance of witnesses and the production of books and papers pertinent to any hearing held by it upon written complaint. Such subpoenas shall be signed by the commissioner and the fees and mileage paid to witnesses upon the service of such subpoenas shall be those prescribed in section fifteen hundred thirty-nine of the civil practice law and rules.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2001/064 and L.L. 2006/049.
a. Qualification of Applicant. An applicant for a license as a master electrician or special electrician must be over the age of twenty-one years, of good moral character and, at the time of applying for examination, shall have had, during the ten (10) years immediately preceding his or her application, at least seven and one-half (7 1/2) years or the equivalent as indicated below and during such time a minimum of ten thousand five hundred (10,500) hours or the equivalent as indicated below of satisfactory experience in the installation, alteration and repair of wiring and appliances for electric light, heat and power in or on buildings or comparable facilities. Except as otherwise provided below, such satisfactory experience must have been obtained while under the direct supervision of a licensed master electrician or special electrician or, with respect to experience outside the city, under the direct supervision of an individual with comparable qualifications as determined by the commissioner, and while in the employ of (i) a master electrician business as defined herein, or (ii) an individual, a partnership or a corporation owning, leasing or managing a building, buildings or parts thereof and employing a special electrician to perform electrical work in or on specific buildings, lots or parts thereof owned, leased or managed by such individual, corporation or partnership, or (iii) an individual, a partnership or a corporation deemed acceptable by the commissioner. No more than twenty-five percent (25%) of such satisfactory experience shall have been gained while working outside the United States unless the commissioner determines that the licensing system and electrical code of the foreign jurisdiction is essentially similar to licensing systems and electrical codes in the United States. The following shall be deemed to fulfill the satisfactory experience requirement:
1. A journeyman electrician who has worked at least seven and one-half (7 1/2) years and during such time a minimum of ten thousand five hundred (10,500) hours of such experience must have been obtained by working with his or her tools on the installation, alteration and repair of wiring and appliances for light, heat and power in or on buildings or comparable facilities, or
2. A graduate of a college or university who holds a degree in electrical engineering, either a master of science (M.S.) or bachelor of science (B.S.) and has in addition worked at least (i) with respect to an applicant with an M.S. degree, two and one-half (2 1/2) years and during such time a minimum of thirty-five hundred (3500) hours of such experience or, (ii) with respect to an applicant with a B.S. degree, three and one-half (3 1/2) years and during such time a minimum of forty-nine hundred (4900) hours of such experience must have been obtained by working with his or her tools on the installation, alteration and repair of wiring and appliances for electric light, heat and power in or on buildings or comparable facilities, or
3. A graduate of a vocational, industrial, trade school, or apprenticeship program[,] registered with the New York state department of labor, specializing in electrical wiring, installation and design or applied electricity, who has worked at least five and one-half (5 1/2) years and during such time a minimum of seventy-seven hundred (7700) hours of such experience must have been obtained by working with his or her tools on the installation, alteration and repair of wiring and appliances for electric light, heat and power in or on buildings or comparable facilities, or
4. Any person who attended courses in a college or university leading to a degree in electrical engineering, mechanical engineering, bachelor of science in electrical engineering or mechanical engineering, who passed all subjects in the required courses shall be credited with satisfactory experience equal to fifty per cent (50%) of the number of curricula years he or she has satisfactorily completed which, in no event, however, shall exceed two and one-half (2 1/2) years credit of satisfactory experience, the balance of the required seven and one-half (7 1/2) years, i.e., five (5) years and during such time a minimum of seven thousand (7000) hours of such experience must have been obtained by working with his or her tools on the installation, alteration and repair of wiring and apparatus for light, heat and power in or on buildings or comparable facilities, or
5. Any person who attended courses in a vocational, industrial or trade school, registered with the New York state department of labor, specializing in electrical wiring, installation and design or applied electricity who has passed all subjects in the required courses shall be credited with fifty per cent (50%) of the number of curricula years that he or she has satisfactorily completed which, however, in no event, shall exceed two (2) years credit of such experience, the balance of the required seven and one-half (7 1/2) years, i.e., five and one-half (5 1/2) years of such experience and during such time a minimum of seventy-seven hundred (7700) hours must have been obtained by working with his or her tools on the installation and repair of wiring for electric light, heat and power in or on buildings or comparable facilities, or
6. 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 electrical code and the electrical code technical standards and/or other laws relating to the installation, alteration or repair of electrical wiring or appliances shall be credited with fifty percent (50%) of the number of years that he or she has been satisfactorily employed in such duties within the ten (10) year period prior to application, which, however, in no event, shall exceed two and one-half (2 1/2) years credit of satisfactory experience. The balance of the required seven and one-half (7 1/2) years, i.e., five (5) years and during such time a minimum of seven thousand (7000) hours of such experience must have been obtained by working with his or her tools on the installation, alteration and repair of wiring and appliances for electric light, heat and power in or on buildings or comparable facilities except that the requirement of subdivision a of this section that an applicant's working experience must have been within the ten (10) year period prior to application shall not apply to such balance of five (5) years working experience required pursuant to this paragraph.
b. Examination of Applicant.
1. Every application for a master electrician's or special electrician's license shall be made in writing in such form and shall furnish such information as the commissioner may, from time to time, prescribe, and set forth in the rules of the department. It is a condition of the license that information in the application be kept correct and current. Any change in required information that occurs prior to the issuance of the license shall be reported to the department within fourteen days of the change.
2. Every applicant shall be required to take an examination in accordance with the rules of the department. However, 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 subdivision a of this section as determined by the commissioner.
3. Every applicant shall submit to such investigation by the license board as may be proper to determine the applicant's character and fitness. Every applicant shall commence the application process with the department within one year of passing the examination for licensure and shall furnish to the department a completed 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 may result in denial of the license.
4. Every applicant shall be required to submit such documentation as is required to establish a place of business within ninety days after the license board's recommendation that the applicant has the required character and fitness for licensure. Where all requested documents are not provided in a timely manner an application will be deemed incomplete and may result in the denial of the license.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2001/064, L.L. 2003/081, L.L. 2006/049 and L.L. 2011/039.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2001/064.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2001/064.
a. Place of Business, generally.
1. Every master electrician business shall at all times have a place of business at a specified address in the city at which the licensee may be contacted by the public and the department by mail, telephone or other modes of communication, located in a business zone in conformity with the zoning regulations and kept open during the usual business hours unless other means acceptable to the commissioner is provided.
2. 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.
3. All business vehicles, advertising, websites and stationery used in connection with electrical work required to be performed under a license issued to a master electrician shall display prominently the words "N.Y.C. Licensed Electrician", the license number of the responsible representative of such business and of all other master electricians associated with such business, the authorization number of the master electrician business and the business address. If the business is conducted under a trade name, or is a partnership or corporation, the trade name, partnership, or corporate name shall contain the root word "electric" and be displayed prominently.
4. The applicant for approval of a master electrician business under a license issued to a master electrician shall have filed with the commissioner, in such form as the commissioner may direct, proof that such applicant carries all insurance required by law including, but not limited to, workers' compensation, disability and one million dollars of general liability insurance listing the department as certificate holder, and that the applicant business is financially responsible. Each policy of insurance shall contain a provision of continuing liability notwithstanding any recovery under such policy.
5. 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. Upon approval of such application the commissioner shall issue an authorization number to the business. The authorization number shall be included on all applications for permits and any other documents required to be filed with the department.
6. 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.
b. Business Conduct.
1. 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.
2. In the case of a partnership or corporation, a master electrician's license may be separately held by more than one partner or officer as a representative of such partnership or corporation; however, only one master electrician shall be the responsible representative of such corporation or partnership. Under no circumstances shall any one licensee represent more than one business at any one time.
3. A master electrician representing a master electrician business shall, during the hours the business is engaged in the performance of electrical work, devote his or her full time to the operation of such business.
4. (i) Applications for permits and any other document that the commissioner may require to be filed with the department, shall bear the stamp of the master electrician's seal as well as the signature of the responsible representative of the master electrician business or, if the business is a partnership or corporation, such document may bear the stamp of the seal and the signature of a master electrician who files on behalf of such business acting pursuant to a written delegation, filed with the department, from the responsible representative of such business. 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.
(ii) The responsible representative of a business may not delegate such authority to a master electrician who is not an officer of such corporation or a partner of such partnership. Such person shall personally sign applications for permits. The responsible representative of a business shall have the authority to make final determinations and shall have full responsibility for the manner in which the work is done, except that where work is done under a permit issued pursuant to an application bearing the signature and seal of a master electrician acting pursuant to a written delegation from the responsible representative of such business, both the responsible representative of such business and the master electrician who signed and affixed his or her seal to the application for such permit shall be jointly and severally responsible for the manner in which the work is done.
c. Changes to Business.
1. The holder of a master electrician's license shall report in writing to the license board any change in the place of business within thirty (30) days of the change. If such change occurs prior to issuance of the license, an applicant shall report the change to the license board within fourteen (14) days of the change.
2. The approval of a master electrician business is valid only as long as the responsible representative identified on the application for approval of the master electrician business actively participates in the actual operation of the business. In the event a responsible representative leaves a master electrician business, both the representative and the business must notify the license board within thirty (30) days of the change.
(i) A corporation or partnership must notify the license board of the death of a responsible representative within thirty (30) days after such death. Failure to do so shall be deemed sufficient cause for suspending or revoking the approval to do business of the master electrician business or the license of the master electrician. The decedent licensee's legal representative may, with the commissioner's consent, retain the licensee's license and seal for the purpose of completing all unfinished work of such licensee for which plans have been approved and permits issued, provided that such work is performed by or under the direct supervision of a licensed electrician.
(ii) Except as otherwise provided by rule, a master electrician business whether in the form of a corporation, a partnership or a sole proprietorship, may continue to engage in the business of performing electrical work only so long as the responsible representative of such business identified on the application for approval of the master electrician business 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 as provided in this section. The commissioner may promulgate rules providing for the continuation of a master electrician business pending the approval of a new responsible representative.
(iii) Except as otherwise provided in such rules, the revocation, suspension, license deactivation 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.
3. Except as otherwise provided by rule, a master electrician business shall not change its name, form or designate a new responsible representative without the prior approval of the license board. Approval of an application for a change is conditional upon the following: filing the necessary forms, payment of the prescribed fee and full payment of all fees incurred with respect to such business prior to the date of the change. Except as otherwise provided by rule, a requested change shall not be approved if there are any outstanding fees related to the licensee's or master electrician business's professional dealings due and owing to the department or outstanding violation notices attributable to the licensee or the master electrician business.
4. A master electrician's license and a special electrician's license and seal shall not be held by any person at the same time.
5. The holder of a master electrician's license, upon entering employment as a special electrician, shall deactivate his or her 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 he or she will be employed.
6. 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 this chapter and the rules of the department arising out of such work.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2001/064, L.L. 2006/049 and L.L. 2011/039.
a. Place of Business, generally.
1. A special electrician shall at all times have a place of business at a specified address in the city at which the licensee may be contacted by the department by mail, telephone or other modes of communication. His or her license shall plainly indicate the address or addresses of the building, buildings or parts thereof for which such license is issued.
2. The commissioner may issue more than one special license for a building or buildings if, in the commissioner's judgment, he or she deems it necessary for the proper operation and maintenance of the electric wiring and equipment of the building or buildings involved.
b. Insurance. An applicant for approval as a special electrician shall have filed with the commissioner, in such form as the commissioner may direct, proof that such applicant's employer carries all insurance required by law including, but not limited to, workers' compensation, disability and one million dollars of general liability insurance listing the department as certificate holder. Each policy of insurance shall contain a provision of continuing liability notwithstanding any recovery under such policy.
c. Conduct.
1. 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.
2. The holder of a special electrician's license shall report in writing any change in employment to the license board within thirty days of the change. If such change occurs prior to issuance of the license, an applicant shall report the change to the license board within fourteen days of the change.
3. Applications for permits and any other document that the commissioner may require to be filed with the department, shall bear the stamp of the special electrician's seal as well as the signature of a person holding such license. Such person shall personally sign applications for permits and shall have the authority to make final determinations and full responsibility for the manner in which the work is done. 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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2011/039.
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