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.