Unless otherwise expressly stated, the following terms, whenever used in this chapter or in any rule or reference standard promulgated pursuant to this chapter, shall mean:
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.
COMMISSIONER: The commissioner of buildings.
DEPARTMENT: The department of buildings.
DIRECT EMPLOY: 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: Control exercised by a licensed individual, either personally or through one or more demonstrated levels of competent supervision over individuals (i) in the direct employ of a master electrician's business or (ii) in the direct employ of an individual, partnership, corporation or city agency employing a special electrician. Direct supervision includes field inspection, supervision of job sites, and the maintenance of records of such supervision and such other records required by the commissioner.
ELECTRICAL WORK: The installation, alteration, maintenance, or repair of electric wires and wiring apparatus and other appliances used or to be used for the transmission of electricity for electric light, heat, power, signaling, communication, alarm or data transmission.
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.
JOURNEYMAN ELECTRICIAN: An individual who has demonstrated a progressive understanding, proficiency and competence in the electrical trade, which shall include:
a. A working familiarity with the electrical code and the electrical code technical standards and the ability to apply the code requirements correctly;
b. The application of basic electrical theory and the utilization of trade math skills on the job site;
c. A working knowledge of the tools of the trade and the ability to utilize them properly; and
d. An ability to draft simple diagrams and interpret from drawings for the purpose of the installation, alteration or repair of electric wiring or appliances for light, heat and power.
LOW VOLTAGE ELECTRICAL WORK: The installation, alteration, maintenance or repair of electrical wiring that is designed to operate at less than fifty volts for signaling, communication, alarm, and data transmission circuits except that such term shall not include the installation, alteration, maintenance or repair, regardless of voltage, of any such wiring which connects to, is a part of or is located within:
(a) life safety systems as defined by rule of the commissioner, including but not limited to (i) those safety systems and features listed in subparagraphs a through n of paragraph three of subdivision a of section 27-228.2 of the administrative code and (ii) alarm and extinguishing systems subject to building code reference standards RS 17-3, RS 17-3A, RS 17-3B, and/or RS 17-3C,
(b) class I, II or III hazardous locations as described in the electrical code technical standards, including but not limited to certain areas within commercial garages as set forth therein, aircraft hangars, gasoline dispensing and service stations, bulk fuel storage plants and facilities which may be utilized for spray applications or for a dipping and coating process,
(c) intrinsically safe systems as described in the electrical code technical standards, or
(d) a point of connection to or interfacing with a control circuit which activates light, heat or power circuits.
LOW VOLTAGE INSTALLER: An individual who is certified by the commissioner to act as the representative of a business entity authorized pursuant to this chapter and the rules of the department to perform low voltage electrical work in or on any building, premises or lot in the city. An individual so certified shall have full responsibility on behalf of such business entity for the manner in which such work is done and for the selection, supervision and control of employees of such business entity who perform such work. Such individual shall be an employee of the business entity which he or she represents and shall supervise, direct and be responsible for only the work of the employees of such business entity. Such individual shall not represent more than one business entity.
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.
MASTER ELECTRICIAN'S LICENSE: The license issued to an individual who has passed the required examination and tests and who otherwise qualifies for the issuance of such license pursuant to this chapter. An individual who holds such license shall be known as 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. A partnership or corporation shall designate 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. The proprietor of a sole proprietorship shall be the responsible representative of such sole proprietorship. A master electrician shall not be the responsible representative of more than one partnership or corporation and shall file for, supervise, direct and be responsible for only the work of such partnership or corporation. If the master electrician business is in the form of a sole proprietorship, only the master electrician who owns such business shall be the responsible representative of such business and shall file for, supervise, direct and be responsible for only his or her own work and the work of his or her employees. Notwithstanding the foregoing provisions, 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 electrical code and the electrical code technical standards, 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.
SPECIAL ELECTRICIAN'S LICENSE: The written authorization of the commissioner to an individual who is an employee of an individual, a partnership or a corporation owning, leasing or managing a building, buildings or parts thereof to perform electrical work in or on specific buildings, lots or parts thereof owned, leased or managed by such individual, corporation or partnership. An individual who has obtained such authorization shall be known as a special electrician. A special electrician 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. 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.
SPECIAL PERMISSION: The written approval of the commissioner in circumstances involving the exercise of his or her discretion and in circumstances not covered by this chapter.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/059, L.L. 2001/064, L.L. 2006/049 and L.L. 2011/039.