(a) General information. Subject to the provisions of this chapter, permits will be issued for the following purposes upon receipt of proper applications and permit fees:
Hydrant, Use of
Meter Accuracy Test
Meter Attachment
Meter Disconnect for Repair or Change of Piping ("Break Seal")
Meter Setting, New, Replacement or Additional
Meter Testing and Repair Company
Plug, Tap/Wet Connection (Termination of Service)
Service Connection, Relay of
Service Connection, Repair of
Service Connection, Thawing of
Tap Installation
Tap Installation and Plug of Prior Tap
Tap Location, Electrical Indicator
Wet Connection Installation (including Internal Water Main)
Wet Connection Installation and Plug of Prior Tap or Wet Connection
All work under a permit must be performed by the permit holder and/or persons directly employed and supervised by the permit holder. Permits are not transferable and valid for the work described thereon.
(b) Issuance. Permit applications shall be submitted, and permits shall be obtained before commencement of any work requiring a permit. Where permits involving plumbing work are required, such permits will be issued only to Licensed Master Plumbers, and to plumbers in the employ of municipal, state or federal agencies and authorities. Permits to set, reset, repair, or disconnect a water meter on service pipes with a diameter of less than one and one-half (1 1/2) inches may be issued to persons who may lawfully perform such work under 15 RCNY § 20-05(c). Meter repair permits may also be issued to meter repair companies for repair on the premises of water meters.
(1) Any work performed without a permit as required by these Rules shall be a violation.
(2) Permits for all emergency work must be obtained within forty-eight (48) hours or by the end of the second business day following commencement of the work.
(3) Upon the expiration date of a plumber's license, if such license is not renewed within 60 days after such expiration date, all permits issued under that license shall also expire.
(4) (i) The Commissioner may deny any permit application, and may revoke, suspend, cancel, or terminate any previously issued permit, where any party related to the work, including but not limited to the contractor, building owner, or licensed master plumber, has docketed, unpaid civil penalties imposed by the New York City Environmental Control Board or a tribunal of the Office of Administrative Trials and Hearings for violations of 15 RCNY §§ 20-01, 20-02, 20-04, 20-05, 20-06, or 20-08 or §§ 24-308, 24-337 or 24-339 of the Administrative Code.
(ii) In determining whether to exercise the power granted by subparagraph (i) of this paragraph, the Commissioner shall consider whether such applicant or permittee has other unpaid penalties, taxes or other debt owed to the city; the amount of the unpaid civil penalties imposed by the environmental control board or a tribunal of the office of administrative trials and hearings; whether the violation underlying the unpaid penalties imposed by the environmental control board or a tribunal of the office of administrative trials and hearings was issued by the Department of Environmental Protection or another agency; whether such violation is one of a series of violations returnable to such board or tribunal and the nature of the underlying violation; whether the unpaid civil penalties imposed by the environmental control board or a tribunal of the office of administrative trials and hearings were imposed pursuant to a finding of default that was subsequently vacated or whether the applicant or permittee has made a request to vacate such default and obtain a new hearing pursuant to the rules of such board or tribunal; or any other consideration the commissioner deems appropriate.
(c) Regulation of permit work. If a Licensed Master Plumber or meter repair company fails to comply with three (3) or more provisions, standards or requirements of these Rules, or the terms and conditions of any permit already issued under these Rules, during a three (3) month period, the Commissioner or his/her designee, in accordance with § 24-309 of the Administrative Code, may make a determination not to issue additional permits from applications submitted from such Licensed Master Plumber or meter repair company until such time as all the violations or non-compliances are corrected.
(1) In the event the Commissioner or his/her designee makes such a determination, the BCS Deputy Commissioner shall mail the determination to the address set forth in the Department of Building's (DOB) records.
(2) The Licensed Master Plumber or meter repair company, as applicable, may appeal the Commissioner's determination by filing a notarized petition within 60 days from the date of the Commissioner's determination with the Commissioner, 59-17 Junction Boulevard, 19th Floor, Flushing, New York 11373-5108. The appeal shall state the name and address of the petitioner, include a short and plain statement of the matters to be adjudicated, address each of the violations mentioned in the Commissioner's determination, with a statement of the reason or reasons why the petitioner believes the determination was incorrect, including supporting documentation, and include the Commissioner's determination. During the review of the appeal, the Commissioner shall continue to issue permits to the Licensed Master Plumber or meter repair company.
(3) Upon review of the appeal, the Commissioner or his/her designee may, in his/her discretion, grant or deny the petition. Appeals shall be processed within thirty (30) calendar days of receipt of such appeal. If the Department fails to process an appeal within thirty (30) calendar days the appeal shall be granted, provided that the petitioner has responded to all requests for information submitted by the Department.
(4) The filing of an appeal shall not relieve the petitioner from complying with any requirements of the Rules, and shall not immunize any person or entity from any civil or criminal prosecution authorized pursuant to the Rules.
(d) Department of Transportation approvals. All permits for work requiring opening or obstructing a street and/or sidewalk shall be contingent upon approval by the Department of Transportation (DOT) or the agency having jurisdiction to authorize such opening.
(e) Permits at work site. All permits required by the Department must be displayed at the work site. Failure to display necessary permits shall be a violation of these Rules.
(f) Emergency repairs.
(1) A Licensed Master Plumber may perform emergency repairs where a defective service or defective interior piping results in leakage of City water and/or immediate danger to the public safety. All required permits must be obtained in accordance with the provisions of 15 RCNY § 20-01(b)(2).
(2) Where it is necessary to open a street for emergency repairs, a Licensed Master Plumber shall obtain an emergency permit from DOT or the agency having jurisdiction to authorize such an opening.
(g) Return of permit after completion of work. Within ten (10) business days following the completion of any work for which a meter permit has been issued, the permit, carrying a certification of the date of completion of the work, shall be returned to the Department. A permit shall expire after 365 days for new construction work and after 30 days for meter replacements or first-time meter installations in existing buildings. If the work is to be performed after that time, the applicant must apply for a permit extension before the original permit expires. If a completed meter permit is not returned upon completion of the work, the official meter set date shall be 30 days after issuance of the permit for meter replacements or first-time meter installations in existing buildings or 365 days after issuance of the permit for new construction work.
(h) Department of Parks and Recreation Permits. Excavation work for water services or for outdoor pit meters immediately adjacent to or under the drip line of a street tree requires a permit from the Department of Parks and Recreation and compliance with its "Forestry Protocol for Planned and Emergency Utility Work."
(Amended City Record 7/26/2021, eff. 8/25/2021)