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If the holder of a license issued pursuant to § 28-401.10 of the Administrative Code is no longer engaged in a business or trade licensed by the department, but does not wish to leave the licensed trade, the license holder may so notify the department and submit his or her license and seal to the department for deactivation. If the licensee deactivates such license, the deactivated license shall no longer represent an authorization to engage in a particular trade, occupation, or business. While a licensee who chooses to deactivate his or her license may continue to work in the licensed trade under the supervision of an active licensee, he or she may not practice in the trade or business as a licensee or hold him or herself out as a licensee while the license is deactivated.
(a) Applicability. This section applies to Master Plumbers, Master Fire Suppression Piping Contractors, High Pressure Boiler Operating Engineers, Welders, Riggers, Sign Hangers, Oil Burners, Site Safety Managers, Hoist Machine Operators, Elevator Agency Inspectors, Elevator Agency Directors, Elevator Agency Technicians and Restricted Elevator Agency Technicians.
(b) Deactivation. A license can remain deactivated for a maximum of twelve years after the date of deactivation. If a licensee fails to reactivate a license after this twelve year period, the deactivated license will lapse. In order to deactivate a license, at the time of application for deactivation, the licensee must ensure that:
(1) All outstanding fines, penalties, or fees related to the licensee's professional dealings with the city or any governmental entity are paid, and
(2) There are no violations for work performed under such license pending hearing or in default, and
(3) Open applications filed under such license – including permits, jobs, scaffold notifications, and Limited Alteration Applications (LAAs) that name the licensee, as well as permits issued to the licensee – have been scheduled for inspection in accordance with department procedures, re-filed by another licensee, or withdrawn, and
(4) He or she surrenders his or her license card, plate and/ or seal, if applicable.
(c) Deactivation renewal. While the license is deactivated, the licensee must still submit a renewal application, continue to pay the license renewal fees required during each deactivation period, take any required continuing education courses and maintain certifications required by rule. If the licensee submits the renewal application after the date on which the license would have otherwise expired, the licensee must comply with the relevant provisions of Administrative Code § 28-401.13, and any other applicable rules and regulations. If a license has been deactivated for more than five, but fewer than twelve, years:
(1) At renewal, the commissioner may require the licensee submit an affidavit and supporting documentation satisfactory to the department stating that, during each of the last three years, the individual has continuously been actively and legally engaged in the trade for which the applicant's license was issued, under the direct supervision of a licensee for their specific trade in order to prevent the deactivated license from expiring.
(2) If the licensee cannot satisfactorily demonstrate active and legal engagement in the relevant trade, in order to prevent the license from expiring, the licensee must reactivate the license for at least one license term. If the license expires, applicants must comply with late renewal requirements of Administrative Code § 28-401.13, and any other applicable rules and regulations.
(d) Reactivation. To reactivate a license, the licensee must comply with the license issuance requirements for his or her specific trade, pay all applicable fees, and submit all forms as prescribed by the commissioner.
(1) If the licensee has complied with the deactivation requirements of this rule, the license may be reactivated up to five years after the date of deactivation.
(2) The department may refuse to reactivate a license on any grounds on the basis of which it could deny, suspend or revoke such license.
(e) Master Plumbers and Master Fire Suppression Piping Contractors must also comply with the certificate of competence requirements of Chapter 4 of Title 28 of the Administrative Code.
(Added City Record 9/2/2016, eff. 10/2/2016; amended City Record 3/4/2022, eff. 4/3/2022; amended City Record 4/29/2024, eff. 5/29/2024)
Subchapter E: Miscellaneous Provisions
(a) Purpose and applicability. This section establishes the procedure for a property tax abatement application for a green roof as defined in Title 4-B of Article 4 of the New York State Real Property Tax Law ("Title 4-B"). A green roof shall not be eligible for a tax abatement pursuant to Title 4-B if the construction of any of the required elements of the green roof set forth in Title 4-B § 499-aaa(10), except § 499-aaa(10)(a) and § 499-aaa(10)(c), was commenced prior to August 5, 2008.
(b) Designated agency. For purposes of Title 4-B, the designated agency shall be the Department of Buildings ("Department").
(c) Definitions. The terms used in this section shall have the same meanings as the terms defined in Title 4-B § 499-aaa. In addition, for purposes of this section, the following terms shall have the following meanings:
(1) Alteration application. An application for the alteration of a building that is filed with the Department in accordance with Chapter 1 of Title 28 of the Administrative Code.
(2) Applicant for property tax abatement. The applicant as defined in Title 4-B § 499-aaa, including such applicant's successors-in-interest.
(3) Applicant of record. The architect or engineer who files the alteration application with the Department.
(4) Compliance period. The tax year, beginning July 1 and ending the following June 30, in which the green roof property tax abatement is taken.
(5) Green roof space. Such part of the eligible rooftop space that consists of a green roof.
(6) Property tax abatement application. The application, including certifications and agreements required by Title 4-B and this section, that is filed with the Department for a green roof property tax abatement in accordance with Title 4-B.
(7) Vegetation layer. The layer of a green roof required by Title 4-B § 499-aaa(10)(g) that, in accordance with generally accepted horticultural practice and as certified by an architect, engineer, New York State licensed and registered landscape architect or a horticulturist with a degree or certificate from an accredited training institute, consists of live plants such as sedum or equally drought resistant and hardy plant species, native plant species, and/or agricultural plant species spaced in such a manner that such plants will cover at least eighty (80) percent of such layer by the end of the compliance period.
(d) Codes. All work relating to the installation of a green roof shall comply with the requirements of the New York City Construction Codes contained in of the Administrative Code ("Title 28") or the 1968 Building Code, as provided in Administrative Code § 28-101.4.3. All such work shall also comply with the requirements of the New York City Electrical Code, the New York City Fire Code, the Energy Conservation Construction Code of New York State, the New York City Zoning Resolution and other applicable laws and rules.
(e) Procedure: Alteration application.
(1) Filing. The Department shall not accept a property tax abatement application unless the applicant of record shall have first filed an alteration application that is professionally certified and agreed to have performed by an architect or engineer the final inspection on behalf of the Department in accordance with Administrative Code § 28-116.2.4.2. This filing is required regardless of whether the building is new or existing and regardless of whether a prior new building or alteration application for work beyond but including installation of the green roof was filed prior to the effective date of this rule.
(i) At the time of submission of the alteration application, the applicant of record shall indicate on forms furnished by the Department that the alteration application will be the subject of a property tax abatement application; the Department shall then record such indication as a required item for that alteration application.
(ii) No work unrelated to the property tax abatement shall be included in the alteration application. Such application shall include, but not be limited to, the following construction documents:
(A) Roof plan showing eligible rooftop space and green roof space, and providing the net square footage of each. The plan shall demonstrate that the green roof does not obstruct firefighting access, in accordance with Section 504 of the New York City Fire Code, and equipment maintenance access.
(B) Details demonstrating that the green roof meets all requirements set forth in Title 4-B § 499-aaa(10) as well as in applicable provisions of the codes listed in subdivision (d) of this section. Details shall indicate the depth of the growth medium.
(C) Design and construction drawings reflecting construction work necessary to enable the building, its structure, the roof structure with the green roof, together with any other existing or added rooftop structures and/or equipment, the roof covering and roof drainage systems to comply with the codes enumerated in subdivision (d) of this section and other requirements set forth in this section and/or Title 4-B. The weight of the green roof shall be considered a superimposed dead load. The design shall consider the green roof in saturated condition.
(D) The construction documents required by clauses (A), (B) and (C) of this subparagraph shall not be necessary for an application for a green roof installation of a depth of four inches or less where a structural analysis of the existing building has been performed establishing that such building can, without modification, sustain the load of the green roof in a fully saturated condition in a manner that complies with the codes enumerated in subdivision (d) of this section, provided the applicant of record certifies that the construction work reflected in the alteration application complies with such codes and other requirements set forth in this section and Title 4-B and that the analyses reflected in the requirements of clauses (A), (B) and (C) of this subparagraph have been performed. In making such certifications, the weight of the green roof shall be considered a superimposed dead load. The design shall consider the green roof in saturated condition. Where, in accordance with the provisions of this subdivision, construction documents required by clauses (A), (B) and (C) of this subparagraph are not submitted to the Department, the applicant of record shall perform the inspections for the installation required by subdivisions (e)(4) and (f)(1) of this section.
(E) Technical Report(s) identifying those responsible for any special, progress and final inspections required by the New York City Construction Codes contained in Title 28.
(2) Document retention. Construction documents required by clauses (A), (B) and (C) of subparagraph (1) of this section, including structural analyses and calculations, regardless of whether submitted to the Department shall be retained by the applicant of record in accordance with the provisions of the New York State Education Law and Rules of the Board of Regents and shall be made available upon request of the Department.
(3) Permit. All required permits shall be obtained, including any required electrical permits. Application for required electrical permits shall be made by a New York City licensed electrician. Electrical permit applications that do not indicate that the application is an "S Sustainable Energy Install" application and/or omit the application number for the alteration application will be cause for rejecting the property tax abatement application.
(4) Inspections. Inspections shall be performed in accordance with Title 28 and Title 4-B after the completion and sign-off of any required electrical work. Final inspection shall be performed in accordance with Administrative Code § 28-116.2.4.2.
(5) Construction sign-off. Upon completion of work, the applicant of record shall submit to the Department completed Technical Reports, including final inspection, and a request for sign-off pursuant to Administrative Code § 28-116.4. The request shall be accompanied by a completed property tax abatement application. If the property tax abatement application is not submitted together with and at the same time as the request for construction sign-off, the property tax abatement application shall be denied and the Department shall not further review or process the property tax abatement application.
(6) The Department shall register receipt of the property tax abatement application as a required item in its records.
(7) The date of filing of the property tax abatement application shall be the date of submission of construction sign-off documents and the application for property tax abatement as described in subdivision (e)(5) of this section and as recorded by the Department.
(f) Procedure: Property tax abatement application.
(1) Professional certification. An architect or engineer shall inspect the completed green roof and shall certify (1) its compliance with the requirements of Title 4-B, including but not limited to Sections 499-aaa(10) and 499-ccc of Title 4-B and the designation of eligible rooftop space on the drawings, and (2) the square footage of green roof space eligible for tax abatement pursuant to Title 4-B. In making such certification, the architect or engineer may rely on the report(s) of a New York State licensed and registered landscape architect or a horticulturist with a degree or certificate from an accredited training institute with respect to whether the green roof's vegetation layer complies with Title 4-B § 499-aaa(10).
(2) Maintenance plan. An architect, engineer, New York State licensed and registered landscape architect or a horticulturist with a degree or certificate from an accredited training institute shall prepare a maintenance plan for the green roof. Such maintenance plan shall be sufficient to enable the applicant for property tax abatement to maintain the green roof during the compliance period and for a minimum of three (3) years thereafter in such a way that it continuously constitutes a green roof in accordance with Title 4-B and this section.
(i) The maintenance plan shall require at least semi-annual maintenance inspections of the condition of the roof and plants, contingency plans for irrigation during dry or drought conditions when necessary to ensure the survival of plants, contingency plans for replanting areas where plants have died, and any other corrective measures necessary to ensure that the green roof is maintained in accordance with Title 4-B and this section.
(ii) The maintenance plan shall include monthly maintenance inspections to ensure that roof drains remain free of debris and in working condition.
(iii) The maintenance plan shall identify any problems that may be encountered, describe corrective measures for each such problem and identify when and how often such corrective measures are required in order to maintain the green roof in continuous compliance.
(iv) The individual who prepared the maintenance plan shall certify, either on the property tax abatement application, if such individual is an architect or engineer, or in a report provided to the architect or engineer filing the property tax abatement application, if such individual is a New York State licensed and registered landscape architect or a horticulturist with a degree or certificate from an accredited training institute, that the maintenance plan complies with this section and that he or she has provided the maintenance plan to the applicant for property tax abatement. Such maintenance plan shall be provided, upon request, to the Department.
(3) Property tax abatement application form and signatures. An architect or engineer shall complete the property tax abatement application form, sign and seal the form, and obtain the signature of the applicant for property tax abatement or such applicant's representative. Such property tax abatement form shall be accompanied by a certification by the property tax abatement applicant or such applicant's representative that no construction of any required element of the green roof set forth in Title 4-B § 499-aaa(10), except § 499-aaa(10)(a) or § 499-aaa(10)(c), was commenced prior to August 5, 2008.
(4) Delivery of property tax abatement application form to applicant of record. The architect or engineer who files the application for property tax abatement shall provide the completed property tax abatement application form, which shall include all certifications required by Title 4-B and this section, and any required electrical sign-off, to the applicant of record for submission to the Department at construction sign-off. The completed property tax abatement application, together with the Technical Reports and request for construction sign-off, must be filed with the Department by March 15 in order for the property tax abatement to take effect on July 1 of the same calendar year. If a property tax abatement application is filed after March 15, the property tax abatement to which such application relates shall not take effect until July 1 of the following calendar year.
(5) Upon receipt and acceptance of the completed property tax abatement application form, the Department shall record its acceptance and shall notify the Department of Finance.
(g) Compliance period.
(1) The applicant for property tax abatement shall allow all architects, engineers, landscape architects and horticulturists involved in the installation and maintenance of the green roof and the Department to have access to the green roof and any related structures and equipment for inspection thereof at any time during the compliance period upon reasonable notice.
(2) Pursuant to Title 4-B § 499-ddd(1), within the fifteen (15) calendar days prior to the last day of the compliance period, the applicant of record, landscape architect or other architect or engineer shall inspect the green roof, including without limitation its vegetation layer, to certify its continuing compliance with Title 4-B, this section and applicable provisions of law and rules, including but not limited to the codes enumerated in subdivision (d) of this section. Such inspecting professional shall prepare an inspection report and maintain it on file in accordance with the provisions of the New York State Education Law and Rules of the Board of Regents for review by the Department upon request. If the inspecting professional finds that the green roof is not in compliance with Title 4-B, such inspecting professional shall notify the Department on such forms and in such manner as prescribed by the Department.
(h) Revocation.
(1) Should the Department have reason to believe at any time during the compliance period that a condition described in Title 4-B § 499-eee(1) exists, the Department shall inspect or otherwise investigate the condition. If the findings of such inspection or investigation indicate that a condition described in Title 4-B § 499-eee(1) exists, the applicant for property tax abatement shall pay the inspection and investigation expenses of the Department. The Department shall notify the applicant for property tax abatement of any findings that indicate that a condition described in Title 4-B § 499-eee(1) exists and provide such applicant with an opportunity to dispute the findings.
(2) No later than the ninetieth day after the last day of the compliance period, the Department shall notify the Department of Finance of any findings of noncompliance, and shall identify the period of noncompliance.
(3) The Department may declare an applicant for property tax abatement ineligible for future tax abatements in accordance with Title 4-B § 499-eee(4).
(i) Notification of the New York State Department of Education. In accordance with Title 4-B § 499-fff(3), should the Department determine that any architect, engineer or landscape architect involved in the installation and maintenance of the green roof engaged in professional misconduct in making certifications required by Title 4-B or this rule, the Department shall so notify the New York State Department of Education. Any misconduct in making such certifications may, following hearing by the Board of Regents, provide a basis for revocation of the professional's license or imposition of other penalty or sanction.
(j) Variation of requirements. For applications for property tax abatement filed for the tax year beginning July 1, 2009, the Department may vary any requirement relating to an administrative filing provision of this section with which the applicant was not otherwise required to comply pursuant to the New York City Construction Codes contained in Title 28 or Title 4-B at the time the work was performed.
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