| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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|---|---|
| May 15, 2014 | referred to education |
senate Bill S7450
2013-2014 Legislative Session
Relates to establishing licensing and certification procedures for plumbing and mechanical trades occupations and establishing penalties and enforcement mechanisms for the violation of such requirements
Sponsored By
Terry Gipson
(D) 0 Senate District
Archive: Last Bill Status - In Senate Committee Education Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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S7450 (ACTIVE) - Details
- Current Committee:
- Senate Education
- Law Section:
- Education Law
- Laws Affected:
- Add Art 152 §§7530 - 7541, Ed L
- Versions Introduced in 2015-2016 Legislative Session:
-
S5039
S7450 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7450 TITLE OF BILL: An act to amend the education law, in relation to establishing the "consumer construction protection act" and the licensing and certification of plumbing and mechanical trades PURPOSE: Relates to establishing licensing and certification procedures for plumbing and mechanical trades occupations and establishing penalties and enforcement mechanisms for the violation of such requirements SUMMARY OF PROVISIONS: Section 1 defines this act as the "consumer construction protection act" Section 2 provides the legislative intent, which is to regulate, license, and certify the business of plumbing and relating mechanical trades, within the State of New York, in order to protect and promote the health, safety, and welfare of the residents of the State of New York. Section 3 adds a new article 152 to the education law to regulate the business of plumbing and mechanical trades Section 4 provides that this act shall take effect 90 days after it
has become law. JUSTIFICATION: Westchester is currently permitted by state law to maintain a countywide licensing system for plumbers, superseding any previous town or village licensing laws or ordinances. This bill would establish a statewide system for licensing plumbers and certain mechanical trades. Many municipalities have sought to have greater protections and a simplified approach to licensing plumbing and mechanical trades across the State of New York. The current system is an overly complicated licensing environment for many tradesmen. In many counties, plumbers and other tradesmen must obtain many different licenses if they intend to work and make a living providing their important skills and services. Another consequence of the current system is that plumbers who've had their license revoked can easily move to different localities and use the system to their advantage. The Consumer Construction Protect Act will improve the regulation of these trades for both the State of New York and our plumbers and tradesmen. LEGISLATIVE HISTORY: This is a new bill. EFFECTIVE DATE: This act shall take effect ninety days after becoming law.
S7450 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7450
I N S E N A T E
May 15, 2014
___________
Introduced by Sen. GIPSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to establishing the
"consumer construction protection act" and the licensing and certif-
ication of plumbing and mechanical trades
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "consumer
construction protection act".
S 2. Legislative intent. It is the intent of this legislation to regu-
late, license and certify the business of plumbing and related mechan-
ical trades, within the state of New York, in order to protect and
promote the health, safety and welfare of the residents of the state of
New York. This legislation provides that no person, business, partner-
ship or other entity shall engage in the work or trade of installing,
altering, removing, replacing, testing, or repairing of plumbing and
related systems, as provided herein, within the state of New York unless
duly licensed or permitted as required by this legislation.
S 3. The education law is amended by adding a new article 152 to read
as follows:
ARTICLE 152
PLUMBING AND MECHANICAL TRADES
SECTION 7530. INTRODUCTION.
7531. DEFINITIONS.
7532. PRACTICE OF PLUMBING AND MECHANICAL TRADES.
7533. STATE BOARD OF TRADES.
7534. LICENSING REQUIREMENTS AND PROCEDURES.
7535. MECHANICAL TRADES CERTIFICATION.
7536. SPECIAL PROVISIONS.
7537. PROHIBITED ACTS AND ENFORCEMENT.
7538. INSURANCE.
7539. WAIVER.
7540. REPEALER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15114-01-4
S. 7450 2
7541. SEVERABILITY.
S 7530. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF
PLUMBING AND MECHANICAL TRADES. THE GENERAL PROVISIONS FOR ALL
PROFESSIONS CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF THIS TITLE SHALL
APPLY TO THIS ARTICLE.
S 7531. DEFINITIONS. FOR THE PURPOSES OF THIS CHAPTER, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS, UNLESS OTHERWISE INDICATED BY
THE CONTEXT:
1. BOARD. THE NEW YORK STATE BOARD OF TRADES AS PROVIDED BY THIS ARTI-
CLE.
2. BUSINESS ENTITY. AS USED IN THIS CHAPTER, THE TERM "BUSINESS ENTI-
TY" SHALL INCLUDE ANY CORPORATION, PARTNERSHIP, LIMITED PARTNERSHIP OR
JOINT VENTURE FORMED FOR THE PURPOSE OF ENGAGING IN THE BUSINESS AND/OR
TRADE OF PLUMBING AND/OR RELATED MECHANICAL TRADES.
3. CERTIFICATE OF COMPETENCY. A CERTIFICATE ISSUED BY THE BOARD TO
PERSONS WHO HAVE SUCCESSFULLY COMPLETED AN EXAMINATION FOR MASTER PLUM-
BER OR OTHER MECHANICAL TRADE AS PROVIDED FOR BY THE PROVISIONS OF THIS
CHAPTER.
4. DIRECTOR. THE NEW YORK STATE DEPARTMENT OF LABOR COMMISSIONER.
5. FAMILY. A SPOUSE OF A BOARD MEMBER, OR A PERSON CLAIMED AS A
DEPENDENT ON THE BOARD MEMBER'S LATEST INDIVIDUAL TAX RETURN.
6. FIRE PROTECTION SPRINKLER SYSTEMS. ALL DEVICES AND APPARATUSES
COMPRISING THE SPRINKLER SYSTEM EXTENDING FROM THE CLAPPER VALVE STATION
OR STATIONS TO AND INCLUDING THE SPRINKLER HEADS AND INSPECTION TEST
STATIONS, AND ANY OTHER REQUIRED APPARATUSES AND TERMINAL POINTS WITHIN
THE PIPING SYSTEM.
7. APPRENTICE. A PERSON WHO IS AT LEAST SIXTEEN YEARS OF AGE WHO HAS
ENTERED INTO A WRITTEN AGREEMENT WITH A SPONSOR TO PROVIDE FOR HIS OR
HER PARTICIPATION IN AN APPROVED PROGRAM OF TRAINING THROUGH EMPLOYMENT
AND RELATED AND SUPPLEMENTAL INSTRUCTION IN ACCORDANCE WITH THE NEW YORK
STATE DEPARTMENT OF LABOR APPRENTICESHIP PROGRAMS AND AGREEMENTS.
8. HVAC SYSTEM. ANY DEVICE OR APPARATUS USED IN CONNECTION WITH A
HEATING, VENTILATION AND/OR AIR-CONDITIONING SYSTEM LOCATED IN ANY
BUILDING STRUCTURE WHATSOEVER. FOR PURPOSES OF THIS CHAPTER, THIS DEFI-
NITION SHALL INCLUDE ALL CONVEYANCE PIPES FOR ANY AND ALL TYPES OF
REFRIGERANT GAS, OIL AND/OR WATER, INCLUDING PIPING TO POTABLE WATER
CONNECTIONS.
9. INCIDENTAL POTABLE WATER CONNECTION. A CONNECTION TO AN EXISTING
POTABLE WATER SYSTEM THAT DOES NOT INVOLVE SUBSTANTIAL MODIFICATION,
ALTERATION AND/OR REPAIR TO THE EXISTING SYSTEM. FOR PURPOSES OF THIS
CHAPTER, AN "INCIDENTAL POTABLE WATER CONNECTION" DOES NOT INCLUDE THE
INSTALLATION OF, ALTERATION OF AND/OR MODIFICATION TO A POTABLE WATER,
WASTE, SOIL AND/OR VENT SYSTEM OR REPLACEMENT OF VALVES OR BACK-FLOWING
DEVICES.
10. JOURNEYMAN. A PERSON WHO WORKS IN NEW YORK STATE AND IS EMPLOYED
BY AND UNDER THE DIRECT SUPERVISION AND CONTROL OF A LICENSED MASTER
PLUMBER OR A LICENSED OR CERTIFIED MECHANICAL TRADESPERSON, WITH A MINI-
MUM OF TEN THOUSAND HOURS OF EXPERIENCE AS AN APPRENTICE IN THE PLUMBING
OR HEATING TRADE, OR WITH A MINIMUM OF TWO THOUSAND HOURS OF EXPERIENCE
AS AN APPRENTICE IN THE L.P. GAS, SPRINKLER, PUMP INSTALLATION, WATER
TREATMENT, OR WELL DRILLING TRADE, OR A MINIMUM OF SIX THOUSAND HOURS
EXPERIENCE IN HVAC. A JOURNEYMAN WILL BE REQUIRED TO SUCCESSFULLY
COMPLETE AN EXAMINATION FOR REGISTRATION AS A JOURNEYMAN PLUMBER CARD-
HOLDER OR CERTIFICATION AS A JOURNEYMAN MECHANICAL TRADESPERSON CARD-
HOLDER. PRIOR TO THE THIRTIETH DAY OF JUNE NEXT SUCCEEDING THE EFFECTIVE
DATE OF THIS ARTICLE, THE BOARD WILL ISSUE JOURNEYMAN PLUMBER CARDS AND
S. 7450 3
JOURNEYMAN MECHANICAL TRADESPERSON CARDS UPON SUCCESSFUL APPLICATION TO
THE BOARD.
11. LAWN, GARDEN AND AGRICULTURAL SPRINKLER SYSTEM. A SYSTEM OF PIPING
OR OTHER MECHANICAL MEANS FOR THE PURPOSE OF SUPPLYING LAND WITH WATER
BY ARTIFICIAL MEANS, AS BY DIVERTING STREAMS, FLOODING OR SPRAYING, OR
TO MOISTEN, WET OR NOURISH VEGETATION, LAWNS, CROPS OR OTHER AGRICUL-
TURAL MEANS.
12. L.P. GAS SYSTEM. ALL DEVICES AND APPARATUSES COMPRISING THE LIQUID
PETROLEUM GAS PIPING SYSTEM FOR ALL L.P. GAS BURNING APPLIANCES EXTEND-
ING FROM THE POINT OF CONNECTION WITH THE LOCAL SUPPLIER'S METER AND/OR
STORAGE TANK TO ALL TERMINATION POINTS CONTAINED IN THE CUSTOMER'S
PIPING SYSTEM.
13. MASTER PLUMBER. A PERSON WHO ENGAGES IN OR CARRIES ON THE CRAFT OF
PLUMBING, AS PROVIDED FOR BY THE PROVISIONS OF THIS CHAPTER.
14. MECHANICAL TRADES. TRADES THAT ARE DIRECTLY RELATED TO THE TRADE
OF PLUMBING AND SUBJECT TO CERTIFICATION UNDER THE PROVISIONS OF THIS
CHAPTER, INCLUDING:
(A) FIRE SPRINKLER SYSTEMS: INSTALLATION, REPAIR AND MAINTENANCE;
(B) LAWN, GARDEN AND/OR AGRICULTURAL SPRINKLER SYSTEMS: INSTALLATION,
REPAIR AND MAINTENANCE;
(C) L.P. GAS SYSTEMS (INCLUDING NATURAL, PROPANE, BUTANE, AND ANY
OTHER GAS USED FOR HEATING, COOKING, OR ORNAMENTAL PURPOSES FROM THE
POINT OF CONNECTION WITH THE LOCAL SUPPLIER'S METER AND/OR STORAGE TANK
TO ALL TERMINATION POINTS CONTAINED IN CONSUMERS' PIPING SYSTEMS, AND
OXYGEN AND SIMILAR PIPING SYSTEMS LOCATED AT MEDICAL OFFICES): INSTALLA-
TION, REPAIR, MAINTENANCE, EXTENSION, RELOCATION AND/OR ALTERATION;
(D) HEATING, VENTILATION AND AIR-CONDITIONING ("HVAC") SYSTEMS:
INSTALLATION, REPAIR AND MAINTENANCE, EXTENSION AND/OR ALTERATION; AND
(E) WATER WELL, PUMP, STORAGE, TREATMENT AND/OR FILTRATION SYSTEMS:
INSTALLATION, DRILLING, REPAIR AND MAINTENANCE.
15. MECHANICAL TRADESPERSON. A PERSON ENGAGED IN ANY ONE OF THE
MECHANICAL TRADES AS DEFINED BY THIS CHAPTER.
16. PERSON. FOR PURPOSES OF THIS CHAPTER, THE TERM "PERSON" SHALL
INCLUDE AN INDIVIDUAL PARTNERSHIP, CORPORATION, BUSINESS ORGANIZATION OR
OTHER SIMILAR ENTITY.
17. PLUMBER. A CRAFTSMAN WHO INSTALLS, REPAIRS PIPES, FIXTURES AND
OTHER APPARATUS FOR THE DISTRIBUTION OF WATER OR GAS IN A BUILDING OR
FOR THE DISPOSAL OF SEWAGE, AS DEFINED IN CHAPTER TWO OF THE NEW YORK
STATE PLUMBING CODE.
18. POTABLE WATER SOURCE. WATER FREE FROM IMPURITIES PRESENT IN
AMOUNTS SUFFICIENT TO CAUSE DISEASE OR HARMFUL PHYSIOLOGICAL EFFECTS AND
CONFORMING IN BACTERIOLOGICAL AND CHEMICAL QUALITY TO THE REQUIREMENTS
OF THE PUBLIC HEALTH AUTHORITY HAVING JURISDICTION.
19. SHEET METAL. UTILITY CONSISTING OF THE DUCT WORK AND MATERIAL FOR
THE DISTRIBUTION OF AIR-CONTROLLED MOVEMENT.
S 7532. PRACTICE OF PLUMBING AND MECHANICAL TRADES. 1. NO PERSON
SHALL ENGAGE IN, CARRY ON OR CONDUCT THE BUSINESS OR TRADE OF PLUMBING
OR SIMILAR MECHANICAL TRADE WITHIN THE STATE OF NEW YORK, AND NO PERSON
SHALL REPRESENT HIMSELF OR HERSELF TO BE, OR ADVERTISE AS A PLUMBER,
MASTER PLUMBER OR MECHANICAL TRADESPERSON WITHIN THE STATE OF NEW YORK
UNLESS DULY LICENSED OR CERTIFIED IN ACCORDANCE WITH THE PROVISIONS OF
THIS CHAPTER.
2. NO PERSON SHALL ENGAGE IN THE BUSINESS OR TRADE OF PLUMBING OR
OTHER SIMILAR MECHANICAL TRADE, AS DEFINED HEREIN, OR HIRE HIMSELF OR
HERSELF OUT TO PERFORM THE SERVICES OF MASTER PLUMBER, LICENSED OR
CERTIFIED MECHANICAL TRADESPERSON, JOURNEYMAN PLUMBER OR JOURNEYMAN
S. 7450 4
MECHANICAL TRADESPERSON, OR APPRENTICE UNLESS HE OR SHE HAS BEEN DULY
AUTHORIZED TO DO SO BY THE ISSUANCE OF A MASTER PLUMBER LICENSE, MECHAN-
ICAL TRADES CERTIFICATION, JOURNEYMAN PLUMBER CARD OR JOURNEYMAN MECHAN-
ICAL TRADESPERSON CARD, OR APPRENTICE REGISTRATION.
3. NO PERSON WHO HAS BEEN LICENSED OR CERTIFIED UNDER THE PROVISIONS
OF THIS CHAPTER SHALL COMMENCE ANY NEW INSTALLATION, REPAIR OR ALTER-
ATION TO ANY PLUMBING OR GAS SYSTEM WITHIN THE STATE OF NEW YORK WITHOUT
FIRST HAVING OBTAINED THE APPROPRIATE PERMIT OR PERMITS FROM THE LOCAL
BUILDING DEPARTMENT HAVING JURISDICTION, WHICH SHALL FORWARD A COPY OF
THE SAME TO THE BOARD.
4. NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO OBVIATE THE
NEED FOR PROCURING ANY AND ALL PERMITS OTHERWISE REQUIRED BY LAW FOR THE
PERFORMANCE OF PLUMBING AND/OR MECHANICAL TRADES WORK.
S 7533. STATE BOARD OF TRADES. A STATE BOARD OF TRADES SHALL BE
APPOINTED BY THE BOARD OF REGENTS ON RECOMMENDATION OF THE COMMISSIONER
FOR THE PURPOSE OF ASSISTING THE BOARD OF REGENTS AND THE DEPARTMENT ON
MATTERS OF PROFESSIONAL LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE
WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. THE BOARD OF TRADES
SHALL BE COMPOSED OF NOT LESS THAN SEVEN MEMBERS OF THE PLUMBING INDUS-
TRY OR RELATED MECHANICAL TRADES LICENSED IN THIS STATE. AN EXECUTIVE
SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE BOARD OF REGENTS ON
RECOMMENDATION OF THE COMMISSIONER AND SHALL BE A MEMBER OF THE PLUMBING
INDUSTRY OR RELATED MECHANICAL TRADES WHO IS LICENSED IN THIS STATE.
S 7534. LICENSING REQUIREMENTS AND PROCEDURES. 1. WRITTEN APPLICA-
TIONS FOR LICENSURE AND/OR CERTIFICATION SHALL BE SUBMITTED TO THE
SECRETARY OF THE BOARD ON THE FORM PRESCRIBED BY THE BOARD. AT A MINI-
MUM, EACH APPLICATION SHALL SET FORTH THE NAME, RESIDENCE ADDRESS, BUSI-
NESS ADDRESS, TELEPHONE NUMBERS AND TRADE NAMES OF THE APPLICANT, PLUS
SUCH ADDITIONAL INFORMATION CONCERNING HIS OR HER QUALIFICATIONS AS THE
BOARD MAY REQUIRE. ALL APPLICATIONS SHALL BE SIGNED BY THE APPLICANT,
WHOSE SIGNATURE SHALL BE DULY ACKNOWLEDGED. APPLICATIONS MUST BE MADE
IN THE NAME OF THE INDIVIDUAL SEEKING LICENSURE AND/OR CERTIFICATION. IF
THE APPLICANT IS AN OFFICER, OWNER OR EMPLOYEE OF A PLUMBING AND/OR
MECHANICAL TRADE BUSINESS, PARTNERSHIP OR CORPORATION, THEN THE APPLICA-
TION SHALL SET FORTH THE NAMES OF ALL OFFICERS, OWNERS AND EMPLOYEES
THEREOF AS OF THE DATE OF APPLICATION.
2. APPLICANTS SHALL INCLUDE WITH THEIR APPLICATION SATISFACTORY
EVIDENCE THAT THEY HAVE SUCCESSFULLY COMPLETED A MINIMUM NUMBER OF HOURS
OF EXPERIENCE IN THEIR RESPECTIVE TRADE AS DESCRIBED BELOW. SUCH
DOCUMENTATION SHALL BE SUBMITTED TOGETHER WITH SUCH OTHER INFORMATION
AND/OR DOCUMENTATION AS THE BOARD MAY REQUIRE IN CONSIDERING SAID APPLI-
CATION. FAILURE TO SUBMIT THE FOREGOING EVIDENCE AND/OR INFORMATION WILL
RESULT IN A DENIAL OF SAID APPLICATION.
(A) APPLICANTS FOR A MASTER PLUMBER'S LICENSE MUST INCLUDE WITH THEIR
APPLICATION SATISFACTORY EVIDENCE THAT THEY HAVE SUCCESSFULLY COMPLETED
TEN THOUSAND HOURS OF EXPERIENCE AS AN APPRENTICE AND EIGHT THOUSAND
HOURS OF EXPERIENCE AS A JOURNEYMAN IN THE PLUMBING TRADE UNDER THE
EMPLOY OF A LICENSED MASTER PLUMBER.
(B) APPLICANTS FOR A LICENSE IN THE HEATING, HVAC OR SHEET METAL
TRADES MUST INCLUDE WITH THEIR APPLICATION SATISFACTORY EVIDENCE THAT
THEY HAVE SUCCESSFULLY COMPLETED SIX THOUSAND HOURS OF EXPERIENCE AS AN
APPRENTICE AND EIGHT THOUSAND HOURS OF EXPERIENCE AS A JOURNEYMAN IN THE
HEATING, HVAC OR SHEET METAL TRADE UNDER THE EMPLOY OF A LICENSED MASTER
TRADESMAN.
(C) APPLICANTS FOR A LICENSE IN THE L.P. GAS, SPRINKLER, PUMP INSTAL-
LATION, WATER TREATMENT OR WELL DRILLING TRADES MUST INCLUDE WITH THEIR
S. 7450 5
APPLICATION SATISFACTORY EVIDENCE THAT THEY HAVE COMPLETED TWO THOUSAND
HOURS OF EXPERIENCE AS AN APPRENTICE AND TWO THOUSAND HOURS OF EXPERI-
ENCE AS A JOURNEYMAN IN THE L.P. GAS, SPRINKLER, PUMP INSTALLATION,
WATER TREATMENT OR WELL DRILLING TRADES UNDER THE EMPLOY OF A LICENSED
MASTER TRADESMAN.
(D) THE BOARD SHALL NOT REQUIRE A LETTER FROM A FORMER EMPLOYER
EVIDENCING EXPERIENCE IN THE APPLICANT'S RESPECTIVE FIELD.
3. UPON RECEIPT OF AN APPLICATION, THE SECRETARY SHALL IMMEDIATELY
FORWARD A COPY OF THE SAME TO THE CHAIRMAN OF THE BOARD.
4. WHERE APPLICABLE, APPLICATIONS MUST BE ACCOMPANIED BY THE APPROPRI-
ATE TESTING FEE. TESTING FEES COLLECTED UNDER THIS CHAPTER SHALL NOT BE
REFUNDABLE IN THE EVENT OF FAILURE TO TAKE OR PASS THE WRITTEN EXAMINA-
TION. THESE FEES SHALL BE SPLIT BETWEEN THE STATE OF NEW YORK AND THE
COUNTY GOVERNMENT IN WHICH THE APPLICANT RESIDES.
5. UPON SATISFACTORY SUBMISSION OF ALL APPLICATION MATERIALS, THE
APPLICANT SHALL BE REQUIRED TO TAKE AND SUCCESSFULLY COMPLETE THE APPRO-
PRIATE NEW YORK STATE EXAMINATION FOR THE TRADE FOR WHICH LICENSURE
AND/OR CERTIFICATION IS SOUGHT. EITHER THE BOARD OR AN APPROVED TESTING
AGENCY SHALL PROVIDE WRITTEN EXAMINATIONS A MINIMUM OF FOUR TIMES PER
CALENDAR YEAR. THE DATE, TIME AND PLACE OF TESTING SHALL BE DETERMINED
BY THE BOARD OR THE APPROVED TESTING AGENCY. THE BOARD SHALL PROVIDE
APPLICANTS WITH A MINIMUM OF TWO WEEKS' WRITTEN NOTICE OF TESTING DATES.
A COMPLETE RECORD OF EVERY EXAMINATION ADMINISTERED UNDER THE PROVISIONS
OF THIS CHAPTER SHALL BE KEPT ON FILE WITH THE BOARD FOR A PERIOD OF
THREE YEARS FOLLOWING THE DATE OF EXAMINATION.
6. APPLICANTS MUST RECEIVE A GRADE OF SEVENTY PERCENT OR HIGHER ON THE
WRITTEN EXAMINATION TO QUALIFY FOR LICENSURE. APPLICANTS SHALL BE NOTI-
FIED OF THE RESULTS OF THEIR WRITTEN EXAMINATION WITHIN TEN WORKING DAYS
AFTER THE DATE OF THE EXAMINATION. THE NAMES AND ADDRESSES OF ALL
SUCCESSFUL APPLICANTS SHALL BE REGISTERED BY THE BOARD IN THE PLUMBING
AND MECHANICAL TRADES LICENSING RECORDS MAINTAINED BY THE BOARD.
7. IN THE EVENT AN APPLICANT FAILS THE WRITTEN EXAMINATION, HE OR SHE
MAY REAPPLY FOR LICENSURE UNDER THE PROVISIONS OF THIS CHAPTER, SUBJECT
TO THE FOLLOWING ADDITIONAL WAITING PERIODS:
(A) SECOND WRITTEN EXAMINATION: AT THE NEXT AVAILABLE TEST DATE, MEAS-
URED FROM THE DATE OF THE APPLICANT'S FIRST WRITTEN EXAMINATION.
(B) THIRD AND SUBSEQUENT WRITTEN EXAMINATION: ONE YEAR WAITING PERIOD,
MEASURED FROM THE DATE OF THE APPLICANT'S PRECEDING WRITTEN EXAMINATION.
(C) NEW APPLICATION REQUIRED. AN APPLICANT WHO FAILS THE WRITTEN EXAM-
INATION THREE TIMES MUST SUBMIT A NEW APPLICATION, ACCOMPANIED BY
PAYMENT OF THE APPROPRIATE FEE.
8. THE AMOUNTS FOR TESTING, LICENSING, RENEWAL AND OTHER FEES PROVIDED
FOR UNDER THE PROVISIONS OF THIS ARTICLE SHALL BE SET BY RESOLUTION OF
THE LEGISLATURE. ALL FEES COLLECTED UNDER THE PROVISIONS OF THIS CHAPTER
ARE NONREFUNDABLE AND SPLIT BETWEEN THE STATE OF NEW YORK AND THE COUNTY
GOVERNMENT IN WHICH THE APPLICANT RESIDES.
9. THE BOARD, WITH LEGISLATIVE APPROVAL, MAY WAIVE THE EXAMINATION
REQUIREMENTS AND ISSUE A MASTER PLUMBING LICENSE OR A MECHANICAL TRADE
CERTIFICATION TO ANY PERSON HOLDING AN EQUIVALENT CURRENT AND VALID
LICENSE OR CERTIFICATION ISSUED BY OTHER POLITICAL SUBDIVISIONS OF THE
STATE OF NEW YORK, PROVIDED THAT, IN THE JUDGMENT OF THE BOARD THE QUAL-
IFICATIONS FOR SUCH LICENSE OR CERTIFICATION BY SUCH OTHER POLITICAL
SUBDIVISIONS ARE SUBSTANTIALLY SIMILAR TO THOSE REQUIRED BY OR PERMITTED
PURSUANT TO THIS ARTICLE. FURTHERMORE, SUCH POLITICAL SUBDIVISION SHALL
SIMILARLY ISSUE A LICENSE OR CERTIFICATION WITHOUT EXAMINATION TO AN
INDIVIDUAL WITH SUCH QUALIFICATIONS LICENSED OR CERTIFIED IN NEW YORK
S. 7450 6
STATE, AS EVIDENCED BY LOCAL LAW AND/OR RESOLUTION BY SUCH POLITICAL
SUBDIVISION. BOTH THE STATE OF NEW YORK AND THE POLITICAL SUBDIVISION
SHALL FILE WITH THEIR RESPECTIVE COUNTY OR TOWN CLERK THESE RECIPROCITY
AGREEMENTS. ALL OTHER REQUIREMENTS FOR LICENSURE AND/OR CERTIFICATION
PROVIDED FOR BY THIS CHAPTER REMAIN APPLICABLE TO SUCH PERSONS. SUCH
PERSONS ARE SUBJECT TO ALL PROVISIONS OF THIS CHAPTER.
10. UPON PAYMENT OF THE APPROPRIATE FEE, THE BOARD SHALL ISSUE A
LICENSE OR MECHANICAL TRADE CERTIFICATE TO THE APPROVED APPLICANT,
TOGETHER WITH AN INDICIA OF LICENSURE OR CERTIFICATION EVIDENCING THE
SAME (WHICH SHALL REMAIN THE PROPERTY OF THE STATE OF NEW YORK).
LICENSES AND/OR CERTIFICATIONS SHALL BE ISSUED TO INDIVIDUALS ONLY.
11. (A) EACH MASTER PLUMBING LICENSE AND/OR MECHANICAL TRADES CERTIF-
ICATION ISSUED HEREUNDER SHALL EXPIRE ON THE THIRTY-FIRST DAY OF DECEM-
BER.
(B) BEGINNING ON THE THIRTIETH DAY OF JUNE NEXT SUCCEEDING THE EFFEC-
TIVE DATE OF THIS ARTICLE, EACH JOURNEYMAN PLUMBER'S CARD AND EACH JOUR-
NEYMAN MECHANICAL TRADESPERSON CARD SHALL BE ISSUED FOR A TWO-YEAR PERI-
OD EXPIRING ON THE SUCCEEDING THIRTIETH DAY OF JUNE AND SHALL BE ISSUED
UPON THE PAYMENT OF A TWO-YEAR FEE. THEREAFTER, SUCH JOURNEYMAN
PLUMBER'S CARD AND JOURNEYMAN MECHANICAL TRADES CARD SHALL EXPIRE ON THE
THIRTIETH DAY OF JUNE OF EACH EVEN NUMBERED YEAR.
(C) ALL APPRENTICE REGISTRATION CARDS ISSUED PURSUANT TO THE DEFI-
NITION OF "APPRENTICE" IN SECTION SEVENTY-FIVE HUNDRED THIRTY-ONE OF
THIS ARTICLE SHALL EXPIRE ON JUNE THIRTIETH, NEXT SUCCEEDING THE EFFEC-
TIVE DATE OF THIS ARTICLE AND SHALL BE ISSUED UPON PAYMENT OF A TWO YEAR
FEE. THEREAFTER EACH APPRENTICE REGISTRATION CARD SHALL EXPIRE ON THE
THIRTIETH DAY OF JUNE OF EACH ODD-NUMBERED YEAR.
12. APPLICATIONS FOR RENEWAL OF A LICENSE OR CERTIFICATION DULY ISSUED
UNDER THE PROVISIONS OF THIS CHAPTER SHALL BE SUBMITTED TO THE SECRETARY
OF THE BOARD ON THE FORM PRESCRIBED BY THE BOARD AT LEAST THIRTY DAYS
PRIOR TO THE EXPIRATION DATE OF THE LICENSE AND/OR CERTIFICATION, AND
SHALL BE ACCOMPANIED BY THE APPROPRIATE ANNUAL LICENSING FEE. UPON
REQUEST BY THE BOARD, APPLICANTS FOR RENEWAL MUST PROVIDE THE BOARD WITH
SUCH PROOF AS MAY BE NECESSARY AND APPROPRIATE TO SATISFY THE BOARD OF
THE APPLICANT'S QUALIFICATIONS, COMPETENCY AND FITNESS TO CARRY ON THE
TRADE FOR WHICH HE OR SHE IS LICENSED AND/OR CERTIFIED.
13. IF APPLICATION FOR RENEWAL IS NOT MADE WITHIN THE TIME PRESCRIBED
HEREIN, THE BOARD, IN ITS SOLE DISCRETION, MAY NEVERTHELESS RENEW THE
LICENSE AND/OR CERTIFICATION IN ACCORDANCE WITH THE BOARD'S RULES AND
REGULATIONS. IN SUCH EVENT, BEFORE THE BOARD MAY ISSUE A RENEWAL, THE
LICENSE OR CERTIFICATE HOLDER MUST PAY THE APPROPRIATE PENALTY FEE, AS
SET BY THE LEGISLATURE. IF AN APPLICATION FOR A RENEWAL IS NOT MADE BY
MARCH THIRTY-FIRST, THE BOARD WILL NOTIFY THE APPLICANT BY REGISTERED
MAIL THAT HIS OR HER APPLICATION FOR RENEWAL HAS NOT YET BEEN RECEIVED,
AND AN ADDITIONAL LATE FEE, IN AN AMOUNT SET BY THE BOARD AND APPROVED
BY THE LEGISLATURE, SHALL BE ASSESSED AGAINST THE LICENSEE OR CERTIF-
ICATE HOLDER, WHICH FEE SHALL BE PAID IN FULL PRIOR TO THE ISSUANCE OF A
LICENSE OR CERTIFICATE RENEWAL.
14. WHENEVER A LICENSED MASTER PLUMBER OR LICENSED OR CERTIFIED
MECHANICAL TRADESPERSON REPRESENTING A PLUMBING OR MECHANICAL TRADES
BUSINESS, WHICH OPERATES UNDER A TRADE, PARTNERSHIP OR CORPORATE NAME,
SEVERS HIS OR HER RELATIONSHIP WITH SUCH BUSINESS, IT SHALL BE THE DUTY
OF THE LICENSE AND/OR CERTIFICATE HOLDER AND THE BUSINESS TO NOTIFY THE
BOARD OF SUCH ACTION WITHIN THIRTY DAYS FROM THE DATE THEREOF. FAILURE
TO DO SO SHALL BE DEEMED SUFFICIENT CAUSE FOR DENYING A NEW LICENSE,
CERTIFICATION AND/OR RENEWAL THEREOF TO SUCH PERSON AND PROHIBITING THE
S. 7450 7
BUSINESS TO CONTINUE IN THE BUSINESS OF PLUMBING AND/OR MECHANICAL
TRADES.
15. ALL LICENSEES, CERTIFICATE HOLDERS AND CARD HOLDERS SHALL BE
REQUIRED TO PRESENT EVIDENCE OF LICENSURE, CERTIFICATION OR REGISTRATION
UPON DEMAND BY THE DIRECTOR, THE CODE ENFORCEMENT OFFICER OR OFFICERS
AND/OR THE LICENSE ENFORCEMENT OFFICER OR OFFICERS APPOINTED UNDER THIS
CHAPTER. FAILURE TO DO SO SHALL CONSTITUTE A VIOLATION OF THIS CHAPTER.
A VIOLATION OF THIS SECTION SHALL SUBJECT SUCH PERSON TO CIVIL AND/OR
CRIMINAL PENALTIES AS PROVIDED FOR IN THIS ARTICLE.
(A) LICENSED AND CERTIFIED CONTRACTORS SHALL REQUIRE ALL WORKERS WORK-
ING FOR THE LICENSED OR CERTIFIED CONTRACTOR ON A JOB SITE TO CARRY
IDENTIFICATION AT ALL TIMES ON THE JOB SITE. A VIOLATION OF THIS SECTION
SHALL SUBJECT THE LICENSED OR CERTIFIED CONTRACTOR TO A CIVIL PENALTY AS
PROVIDED FOR IN THIS ARTICLE.
(B) SHOULD A LICENSED OR CERTIFIED CONTRACTOR BE CHARGED WITH A
VIOLATION FOR A WORKER NOT CARRYING IDENTIFICATION, THE LICENSED OR
CERTIFIED CONTRACTOR SHALL HAVE TWO BUSINESS DAYS TO PRODUCE THE WORK-
ER'S IDENTIFICATION TO THE DEPARTMENT OF CONSUMER AFFAIRS FOR A
REDUCTION IN THE CIVIL PENALTY. IN ORDER TO RECEIVE A REDUCTION IN THE
CIVIL PENALTY, AT THE TIME THE IDENTIFICATION IS PRODUCED TO THE DEPART-
MENT OF CONSUMER AFFAIRS THE LICENSED OR CERTIFIED CONTRACTOR SHALL
PRESENT THE PAYROLL RECORDS OF THE EMPLOYEE OR EVIDENCE OF THE LICENSED
OR CERTIFIED CONTRACTOR'S PAYMENT TO THE COMPANY THAT EMPLOYS THE WORKER
FOUND ON THE JOB SITE WITHOUT IDENTIFICATION.
16. MILITARY SERVICE EXCEPTION. IN THE EVENT A LICENSE AND/OR CERTIF-
ICATE HOLDER IS CALLED TO ACTIVE DUTY IN THE UNITED STATES MILITARY, HIS
OR HER LICENSE AND/OR CERTIFICATE SHALL BE DEEMED FROZEN DURING THE
PERIOD OF SUCH ACTIVE DUTY. UPON RETURN FROM ACTIVE DUTY, AND PRESENTA-
TION TO THE BOARD OF PROOF OF THE DATES OF ACTIVE DUTY, SUCH LICENSE
AND/OR CERTIFICATE SHALL BE REACTIVATED EFFECTIVE THE DAY AFTER THE LAST
DATE OF ACTIVE DUTY AND CREDITED FOR EACH DAY OF ACTIVE DUTY. THIS
EXCEPTION SHALL RETROACTIVELY APPLY TO ANY DEPLOYMENTS OCCURRING AFTER
SEPTEMBER ELEVENTH, TWO THOUSAND ONE.
17. NO HOLDER OF A LICENSE OR MECHANICAL TRADE CERTIFICATION DULY
ISSUED UNDER THE PROVISIONS OF THIS CHAPTER SHALL, DIRECTLY OR INDIRECT-
LY, AUTHORIZE, CONSENT TO OR PERMIT THE USE OF HIS OR HER LICENSE OR
CERTIFICATION BY OR ON BEHALF OF ANY OTHER PERSON OR BUSINESS ENTITY. A
VIOLATION OF THIS SUBDIVISION SHALL BE GROUNDS FOR IMMEDIATE REVOCATION
OR SUSPENSION OF LICENSE OR CERTIFICATION IN ACCORDANCE WITH THIS ARTI-
CLE, AND SHALL SUBJECT SUCH LICENSE AND/OR CERTIFICATE HOLDER TO CIVIL
AND CRIMINAL PENALTIES AS PROVIDED FOR IN THIS ARTICLE.
18. NO PERSON WHO IS LICENSED AS A MASTER PLUMBER OR LICENSED OR
CERTIFIED AS A MECHANICAL TRADESPERSON PURSUANT TO THIS ACT SHALL HIRE
ANY PERSON TO PERFORM SERVICES OF A JOURNEYMAN PLUMBER OR JOURNEYMAN
TRADESPERSON IN THE STATE OF NEW YORK UNLESS SUCH PERSON HAS OBTAINED A
JOURNEYMAN PLUMBER CARD OR JOURNEYMAN MECHANICAL TRADESPERSON CARD UNDER
THIS LAW.
19. NO PERSON WHO IS LICENSED AS A MASTER PLUMBER OR LICENSED OR
CERTIFIED AS A MECHANICAL TRADESPERSON PURSUANT TO THIS ACT SHALL HIRE
ANY PERSON TO PERFORM SERVICES OF AN APPRENTICE IN THE STATE OF NEW YORK
UNLESS SUCH PERSON HAS REGISTERED AS AN APPRENTICE UNDER THIS LAW.
20. A VIOLATION OF THIS SECTION SHALL SUBJECT SUCH PERSON TO CIVIL
AND/OR CRIMINAL PENALTIES AS PROVIDED FOR IN THIS CHAPTER, EXCEPT THAT A
MASTER PLUMBER SHALL BE RESPONSIBLE FOR ANY AND ALL UNREGISTERED EMPLOY-
EES.
S. 7450 8
21. THIS SECTION SHALL NOT BE CONSTRUED TO IMPOSE PENALTIES UPON AN
EMPLOYEE OF AN UNLICENSED PLUMBER OR AN UNLICENSED OR UNCERTIFIED
MECHANICAL TRADESPERSON. SHOULD AN UNLICENSED PLUMBER OR UNLICENSED OR
UNCERTIFIED MECHANICAL TRADESPERSON HIRE A JOURNEYMAN PLUMBER, JOURNEY-
MAN MECHANICAL TRADESPERSON OR APPRENTICE, THE UNLICENSED PLUMBER OR
UNCERTIFIED MECHANICAL TRADESPERSON SHALL BE PENALIZED.
22. NO PERSON WHO HAS NOT QUALIFIED FOR AND OBTAINED A LICENSE,
CERTIFICATE, OR REGISTRATION CARD ISSUED UNDER THE PROVISIONS OF THIS
CHAPTER SHALL REPRESENT HIMSELF OR HERSELF TO THE PUBLIC, OR ENGAGE IN
THE WORK OF, A LICENSED MASTER PLUMBER, JOURNEYMAN PLUMBER, LICENSED OR
CERTIFIED MECHANICAL TRADESPERSON, JOURNEYMAN MECHANICAL TRADESPERSON OR
APPRENTICE IN THE STATE OF NEW YORK.
23. A VIOLATION OF THIS SECTION SHALL SUBJECT SUCH PERSON TO CIVIL
AND/OR CRIMINAL PENALTIES AS PROVIDED FOR IN THIS ARTICLE, EXCEPT THAT A
MASTER PLUMBER SHALL BE RESPONSIBLE FOR ANY AND ALL UNREGISTERED EMPLOY-
EES.
24. THE BOARD SHALL HAVE THE POWER TO SUSPEND OR REVOKE ANY LICENSE,
CERTIFICATION OR RENEWAL THEREOF DULY ISSUED UNDER THE PROVISIONS OF
THIS CHAPTER UPON A SHOWING, MADE IN ACCORDANCE WITH THE RULES AND REGU-
LATIONS OF THE BOARD AND SUPPORTED BY SUBSTANTIAL EVIDENCE, THAT:
(A) THE LICENSE AND/OR CERTIFICATE HOLDER VIOLATED ANY PROVISION OF
THIS CHAPTER, THE RULES AND REGULATIONS OF THE BOARD, OR ANY OTHER LAW
OR ORDINANCE PERTAINING TO PLUMBING OR MECHANICAL TRADES; OR
(B) THE LICENSE AND/OR CERTIFICATE HOLDER IS UNFIT OR INCAPABLE OF
PERFORMING OR ENGAGING IN THE TRADE FOR WHICH HE OR SHE IS LICENSED
AND/OR CERTIFIED, AS EVIDENCED BY SUBSTANTIATED COMPLAINTS AND/OR CHARG-
ES FILED AGAINST THE LICENSEE AND/OR CERTIFICATE HOLDER WITH THE BOARD.
25. PRIOR TO TAKING ACTION TO SUSPEND OR REVOKE A LICENSE AND/OR
CERTIFICATE, THE BOARD SHALL PROVIDE NOTICE AND CONDUCT A HEARING IN
ACCORDANCE WITH THE PROCEDURES SET FORTH IN THIS CHAPTER.
26. IN THE EVENT THE BOARD SUSPENDS OR REVOKES A LICENSE AND/OR
CERTIFICATE ISSUED HEREUNDER, IT SHALL SET FORTH IN WRITING THE REASONS
SUPPORTING SUCH DETERMINATION AND PROVIDE A COPY OF THE SAME TO THE
LICENSE AND/OR CERTIFICATE HOLDER WITHIN TEN DAYS AFTER THE CLOSE OF THE
HEARING.
27. IN THE EVENT OF SUSPENSION, SAID DETERMINATION SHALL SET FORTH THE
TERM OF THE SUSPENSION.
28. IN THE EVENT OF REVOCATION, THE LICENSEE AND/OR CERTIFICATE HOLDER
SHALL RETURN HIS OR HER INDICIA OF LICENSURE OR CERTIFICATION TO THE
BOARD VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED. SUCH PERSON SHALL
NOT BE ELIGIBLE FOR RELICENSING AND/OR RECERTIFICATION UNLESS AND UNTIL
HE OR SHE RECEIVES WRITTEN AUTHORIZATION TO RE-APPLY FROM THE BOARD, AND
ONLY THEN AFTER SUCCESSFUL RE-EXAMINATION IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE.
29. (A) UPON WRITTEN REQUEST BY THE LICENSEE AND/OR CERTIFICATE HOLD-
ER, SETTING FORTH IN DETAIL THE REASONS THEREFOR, THE BOARD MAY DEEM A
LICENSE OR CERTIFICATE SHELVED, SUBJECT TO THE FOLLOWING:
(I) THE LICENSEE AND/OR CERTIFICATE HOLDER SHALL SURRENDER HIS OR HER
PLATE TO THE BOARD.
(II) THE GRANTING OF A REQUEST FOR SHELVED STATUS SHALL NOT BE DEEMED
OR OTHERWISE CONSIDERED A SUSPENSION OF LICENSE OR CERTIFICATE.
(III) THE PERIOD OF SHELVED STATUS MAY BE GRANTED FOR A PERIOD OF ONE
YEAR.
(IV) THE PERIOD OF SHELVED STATUS SHALL COMMENCE ON JANUARY FIRST OF
THE NEXT YEAR FOLLOWING THE GRANTING OF APPROVAL BY THE BOARD.
S. 7450 9
(B) ON OR BEFORE THE DECEMBER THIRTY-FIRST OF EACH YEAR OF SHELVED
STATUS, THE LICENSEE AND/OR CERTIFICATE HOLDER MUST EITHER:
(I) SUBMIT A WRITTEN REQUEST FOR AN EXTENSION OF SHELVED STATUS, WHICH
MAY BE GRANTED AT THE DISCRETION OF THE BOARD; OR
(II) SUBMIT A WRITTEN REQUEST THAT HIS OR HER LICENSE OR CERTIFICATE
BE REACTIVATED, WHICH REQUEST SHALL BE GRANTED BY THE BOARD WITHOUT
FURTHER TESTING OR QUALIFICATION.
(C) UPON REACTIVATION, THE LICENSEE AND/OR CERTIFICATE HOLDER SHALL BE
REQUIRED TO PAY THE APPROPRIATE ANNUAL LICENSING OR CERTIFICATE FEE
REGARDLESS OF THE TIME REMAINING IN THE CALENDAR YEAR.
(D) ANY LICENSE OR CERTIFICATE HOLDER OF A SHELVED LICENSE FOUND WORK-
ING IN THE STATE OF NEW YORK SHALL BE DEEMED UNLICENSED/UNCERTIFIED. THE
LICENSE OR CERTIFICATE HOLDER SHALL BE SUBJECT TO FINES AND PENALTIES AS
PROVIDED FOR IN THIS CHAPTER, AND SHALL PERMANENTLY LOSE HIS/HER ELIGI-
BILITY TO APPLY FOR A SHELVED LICENSE IN THE FUTURE.
(E) A LICENSEE OR CERTIFICATE HOLDER GRANTED SHELVED STATUS MUST
COMPLETE ANY CONTINUING EDUCATION CREDIT HOURS THAT MAY BE REQUIRED
DURING THE PERIOD OF TIME THE LICENSE OR CERTIFICATE IS SHELVED IN ORDER
TO REACTIVATE THE LICENSE OR CERTIFICATE.
30. (A) FOR PURPOSES OF THIS SECTION, A LICENSED MASTER PLUMBER OR
MECHANICAL TRADESPERSON, AS DEFINED IN THIS CHAPTER, SHALL BE ELIGIBLE
TO SHELVE HIS/HER LICENSE/CERTIFICATION WHILE HE/SHE IS EXCLUSIVELY
EMPLOYED BY:
(I) NEW YORK STATE GOVERNMENT
(II) A TOWN OR VILLAGE WITHIN NEW YORK STATE
(III) A SCHOOL DISTRICT IN NEW YORK STATE
(B) THE REQUEST FOR SHELVED STATUS HEREUNDER SHALL BE MADE ANNUALLY TO
THE BOARD IN WRITING. ONCE THE BOARD HAS GRANTED AUTHORIZATION TO
SHELVE, THE LICENSE/CERTIFICATE HOLDER SHALL SURRENDER HIS/HER PLATE,
LICENSE/CERTIFICATE AND REMOVE DECALS FROM HIS/HER VEHICLES, PRIOR TO
ACTIVATION OF SUCH SHELVING STATUS. NO SHELVED LICENSE/CERTIFICATE HOLD-
ER SHALL RECEIVE A COPY OR ANY OTHER REPRODUCTION OF SUCH SHELVED
LICENSE/CERTIFICATION. IN NO WAY SHALL APPROVAL OF SHELVED STATUS HERE-
UNDER BE DEEMED A SUSPENSION.
(C) A FEE SHALL BE ASSESSED AGAINST THE LICENSE AND/OR CERTIFICATE
HOLDER DURING ANY PERIOD OF APPROVED SHELVING. IF A LICENSEE/CERTIFICATE
HOLDER ACTIVATES HIS/HER LICENSE/CERTIFICATION AT ANY TIME DURING THE
CALENDAR YEAR, HE/SHE WILL BE RESPONSIBLE FOR THE FULL YEAR'S FEE. FEES
SHALL NOT BE PRORATED.
(D) ANY LICENSE OR CERTIFICATE HOLDER OF A SHELVED LICENSE FOUND WORK-
ING OUTSIDE HIS/HER EXCLUSIVE EMPLOYMENT BY NEW YORK STATE GOVERNMENT, A
NEW YORK STATE TOWN OR VILLAGE, OR SCHOOL DISTRICT WITHIN THE STATE OF
NEW YORK SHALL BE DEEMED UNLICENSED/UNCERTIFIED. HE OR SHE SHALL BE
SUBJECT TO FINES AND PENALTIES AS PROVIDED FOR IN THIS CHAPTER, AND
SHALL PERMANENTLY LOSE HIS OR HER ELIGIBILITY TO APPLY FOR A SHELVED
LICENSE IN THE FUTURE.
(E) A LICENSE OR CERTIFICATE HOLDER GRANTED SHELVED STATUS MUST
COMPLETE ANY CONTINUING EDUCATION CREDIT HOURS THAT MAY BE REQUIRED
DURING THE PERIOD OF TIME THE LICENSE OR CERTIFICATE IS SHELVED IN ORDER
TO REACTIVATE THE LICENSE OR CERTIFICATE.
31. (A) LICENSES MAY NOT BE ISSUED IN THE NAME OF A CORPORATE OR BUSI-
NESS ENTITY. IN THE CASE OF A CORPORATION, PARTNERSHIP, LIMITED PARTNER-
SHIP OR JOINT VENTURE, THE INDIVIDUALS WHO ARE RESPONSIBLE FOR THE
PERFORMANCE OF THE WORK COVERED BY THIS CHAPTER ON BEHALF OF SUCH CORPO-
RATION, PARTNERSHIP, LIMITED PARTNERSHIP OR JOINT VENTURE, WHETHER THEY
BE EMPLOYEES, OFFICERS, OWNERS, OR SHAREHOLDERS OF THE SAME, MUST BE
S. 7450 10
INDIVIDUALLY LICENSED OR CERTIFIED IN ACCORDANCE WITH THE PROVISIONS OF
THIS ARTICLE.
(B) SUCH LICENSED MASTER PLUMBER OR LICENSED OR CERTIFIED TRADESPERSON
SHALL BE SOLELY RESPONSIBLE FOR THE PROPER SUPERVISION AND LAYOUT OF ANY
PLUMBING OR MECHANICAL TRADE WORK PERFORMED IN THE NAME OF SUCH BUSINESS
ENTITY. ALL PERFORMING WORK UNDER SUCH LICENSED MASTER PLUMBER AND/OR
LICENSED OR CERTIFIED TRADESPERSON MUST BE ACTIVE EMPLOYEES OF SUCH
BUSINESS ENTITY.
(C) ALL SUCH CORPORATIONS, PARTNERSHIPS, LIMITED PARTNERSHIPS OR JOINT
VENTURES MUST FILE WITH THE BOARD A CERTIFIED COPY OF THE APPLICABLE
BUSINESS CERTIFICATION AS IS ON FILE WITH THE CLERK OF THE COUNTY WHERE
SUCH BUSINESS ENTITY MAINTAINS ITS PRINCIPAL PLACE OF BUSINESS.
(D) IT SHALL BE A VIOLATION OF THIS CHAPTER FOR ANY PERSON OR BUSINESS
ENTITY DOING OR SEEKING TO DO BUSINESS IN NEW YORK STATE TO PRESENT
HIMSELF, HERSELF OR ITSELF TO THE PUBLIC AS A "PLUMBER", "MASTER PLUM-
BER" OR "MECHANICAL TRADESPERSON" BY THE USE OF SUCH TERMS OR OTHER
WORDS OF SIMILAR IMPORT AND MEANING ON SIGNS, CARDS, STATIONERY, PRINTED
MATERIAL OR IN ANY OTHER MANNER WHATSOEVER, UNLESS SUCH PERSON OR BUSI-
NESS ENTITY SHALL HAVE COMPLIED WITH THE REQUIREMENTS OF THIS ARTICLE.
S 7535. MECHANICAL TRADES CERTIFICATION. 1. CERTIFICATION REQUIRED.
ANY PERSON AND/OR BUSINESS ENTITY, INCLUDING LICENSED MASTER PLUMBERS,
WHO WISH TO PERFORM SERVICES IN CONNECTION WITH THE INSTALLATION, REPAIR
AND MAINTENANCE OF FIRE-PROTECTION SPRINKLER SYSTEMS; LAWN, GARDEN AND
AGRICULTURAL SPRINKLER SYSTEMS; L.P. GAS SYSTEMS; HVAC SYSTEMS; AND
WATER WELL, TREATMENT AND PUMP SYSTEMS, MUST BE CERTIFIED IN ACCORDANCE
WITH THE PROVISIONS OF THIS ARTICLE.
2. SPECIAL REGULATIONS AND REQUIREMENTS.
(A) FIRE SPRINKLER SYSTEM AND LAWN, GARDEN AND AGRICULTURAL SPRINKLER
SYSTEM CERTIFICATION.
(I) THE APPLICANT MUST SUBMIT PROOF OF A MINIMUM OF FOUR THOUSAND
HOURS OF EXPERIENCE WORKING WITH SPRINKLER SYSTEMS.
(II) UPON CERTIFICATION, SUCH CERTIFIED MECHANICAL TRADESPERSON AND/OR
BUSINESS ENTITY, IN ADDITION TO PERFORMING THE WORK FOR WHICH THEY ARE
CERTIFIED, MAY MAKE ONLY INCIDENTAL POTABLE WATER CONNECTIONS AS DEFINED
HEREIN. ANY CONNECTION TO A POTABLE WATER SOURCE MUST BE MADE BY A
LICENSED MASTER PLUMBER.
(B) L.P. GAS CERTIFICATION.
(I) THE APPLICANT MUST SUCCESSFULLY COMPLETE THE NEW YORK STATE L.P.
EXAMINATION.
(II) THE APPLICANT MUST SUBMIT PROOF OF SUCCESSFUL COMPLETION OF A
CERTIFIED EMPLOYEE TRAINING PROGRAM AND GAS CHECK TO THE BOARD PRIOR TO
THE ISSUANCE OF AN L.P. GAS CERTIFICATION.
(III) THE APPLICANT MUST SUBMIT PROOF OF A MINIMUM OF FOUR THOUSAND
HOURS OF EXPERIENCE WORKING IN THE L.P. GAS INDUSTRY.
(IV) ANY RELOCATION OF MORE THAN THREE FEET OF AN L.P./NATURAL GAS
APPLIANCE CONNECTED TO A POTABLE WATER SUPPLY MUST BE PERFORMED BY A
LICENSED MASTER PLUMBER.
(V) L.P./NATURAL GAS FILING REQUIREMENT.
(A) ALL L.P./NATURAL GAS WORK PERFORMED IN NEW YORK STATE MUST BE
FILED FOR INSPECTION WITH THE BOARD.
(B) ALL L.P./NATURAL GAS HOOK-UPS MUST BE INSPECTED BEFORE ANY GAS
SERVICE CAN BE TURNED ON.
(C) A VIOLATION OF THIS SECTION SHALL SUBJECT SUCH PERSON TO CIVIL
PENALTIES AS PROVIDED IN THIS CHAPTER.
(C) HVAC CERTIFICATION.
S. 7450 11
(I) CERTIFICATION WILL BE ISSUED ONLY UPON SUBMISSION TO THE BOARD OF
SUCH PROOF AS MAY BE REQUIRED TO DEMONSTRATE THE APPLICANT'S EXPERIENCE,
QUALIFICATIONS AND SKILL TO PERFORM THE WORK OF AN HVAC MECHANICAL
TRADESPERSON, INCLUDING SATISFACTORY PROOF OF A MINIMUM OF FOURTEEN
THOUSAND HOURS OF EXPERIENCE IN THE PERFORMANCE OF HVAC INSTALLATION,
MAINTENANCE AND REPAIR.
(II) WORK PERFORMED UNDER THE HVAC CERTIFICATION SHALL BE LIMITED TO
OIL HEATING AND COOLING SYSTEMS.
(III) ANY HVAC ALTERATION, MODIFICATION OR INSTALLATION INVOLVING
RELOCATION OF ANY PART OF THE HVAC SYSTEM MORE THAN THREE FEET FROM AN
EXISTING HEATING, VENTILATION OR AIR-CONDITIONING APPLIANCE WHICH IS
CONNECTED TO A POTABLE WATER SOURCE MUST BE PERFORMED BY A LICENSED
MASTER PLUMBER.
(D) WATER WELL AND PUMP CERTIFICATION.
(I) CERTIFICATION IS REQUIRED FOR ALL PERSONS AND BUSINESS ENTITIES
ENGAGED IN THE DRILLING OF WATER WELLS, INSTALLATION OF WATER PUMPS
AND/OR PUMPING SYSTEMS, INSTALLATION OF FILTRATION AND/OR WATER TREAT-
MENT SYSTEMS, AND/OR INSTALLATION OF COLD WATER STORAGE TANKS. SEPARATE
CERTIFICATIONS ARE REQUIRED FOR EACH RELATED TRADE. NO OTHER WORK MAY BE
PERFORMED, EXCEPT FOR THE WORK WHICH CERTIFICATION IS ISSUED.
(II) CERTIFICATION WILL BE ISSUED ONLY UPON SUBMISSION TO THE BOARD OF
SUCH PROOF AS MAY BE REQUIRED TO DEMONSTRATE THE APPLICANT'S EXPERIENCE,
QUALIFICATIONS AND SKILL TO PERFORM SUCH WORK.
(III) APPLICANTS FOR CERTIFICATION FOR WELL WATER DRILLING MUST:
(A) BE AT LEAST TWENTY-ONE YEARS OF AGE;
(B) POSSESS A MINIMUM OF FOUR THOUSAND HOURS' EXPERIENCE IN THE DRILL-
ING INDUSTRY;
(C) PASS TWO EXAMS GIVEN BY A NEW YORK DEPARTMENT OF ENVIRONMENTAL
CONSERVATION RECOGNIZED EQUIVALENT TESTING COMPANY WITH A GRADE OF
SEVENTY PERCENT OR BETTER; AND
(D) BE REGISTERED WITH THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION.
(IV) APPLICANTS FOR CERTIFICATION IN PUMP AND/OR PLUMBING SYSTEMS
INSTALLATION, MUST:
(A) BE AT LEAST TWENTY-ONE YEARS OF AGE;
(B) POSSESS A MINIMUM OF TWO YEARS OF EXPERIENCE IN THE PUMP INDUSTRY;
(C) PASS TWO EXAMS GIVEN BY A NEW YORK STATE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION RECOGNIZED TESTING COMPANY WITH A GRADE OF SEVENTY
PERCENT OF BETTER; AND
(D) BE REGISTERED WITH THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION.
(V) APPLICANTS FOR ALL OTHER CERTIFICATIONS IN THIS FIELD MUST PRESENT
THE BOARD WITH SATISFACTORY PROOF OF A MINIMUM OF TWO YEARS OF PRIOR
EXPERIENCE IN THE FIELD FOR WHICH CERTIFICATION IS SOUGHT.
(E) WATER TREATMENT CERTIFICATION.
(I) CERTIFICATION IS REQUIRED FOR ALL PERSONS AND BUSINESS ENTITIES
ENGAGED IN THE INSTALLATION, REPAIR, REPLACEMENT, ALTERATION AND MAINTE-
NANCE OF WATER SOFTENERS, WATER TREATMENT AND/OR PURIFICATION SYSTEMS.
(II) CERTIFICATION UNDER THIS SECTION DOES NOT AUTHORIZE THE CERTIF-
ICATE HOLDER TO INSTALL INITIAL CONNECTION TO A POTABLE WATER SOURCE OR
TO SANITARY WASTE SYSTEMS OR LINES. SUCH CONNECTIONS MUST BE PERFORMED
BY A LICENSED MASTER PLUMBER.
(III) CERTIFICATION WILL BE ISSUED ONLY UPON SUBMISSION TO THE BOARD
SUCH PROOF AS MAY BE REQUIRED TO DEMONSTRATE THE APPLICANT'S EXPERIENCE,
QUALIFICATIONS AND SKILL TO PERFORM SUCH WORK.
(IV) APPLICANTS FOR WATER TREATMENT CERTIFICATION MUST:
S. 7450 12
(A) BE AT LEAST TWENTY-ONE YEARS OF AGE;
(B) POSSESS A MINIMUM OF FOUR THOUSAND HOURS OF EXPERIENCE IN THE
WATER TREATMENT INDUSTRY; AND
(C) PASS TWO EXAMS GIVEN BY THE WATER QUALITY ASSOCIATION WITH A PASS-
ING GRADE OF SEVENTY PERCENT OR BETTER.
(F) SHEET METAL CERTIFICATION.
(I) CERTIFICATION IS REQUIRED FOR ALL PERSONS AND BUSINESS ENTITIES
ENGAGED IN THE INSTALLATION OF SHEET METAL AND DUCT WORK USED IN HVAC
SYSTEMS.
(II) CERTIFICATION WILL BE ISSUED ONLY UPON SUBMISSION TO THE BOARD OF
SUCH PROOF AS MAY BE REQUIRED TO DEMONSTRATE THE APPLICANT'S EXPERIENCE,
QUALIFICATIONS AND SKILL TO PERFORM SUCH WORK INCLUDING SATISFACTORY
PROOF OF A MINIMUM OF FOURTEEN THOUSAND HOURS OF EXPERIENCE WORKING IN
THE SHEET METAL INDUSTRY.
(III) APPLICANTS FOR CERTIFICATION FOR SHEET METAL CERTIFICATION MUST:
(A) BE AT LEAST TWENTY-ONE YEARS OF AGE;
(B) POSSESS A MINIMUM OF SEVEN YEARS' EXPERIENCE WORKING WITH SHEET
METAL; AND
(C) PASS THE SHEET METAL EXAMINATION WITH A GRADE OF SEVENTY PERCENT
OR BETTER.
S 7536. SPECIAL PROVISIONS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF
THIS CHAPTER, A MASTER PLUMBER LICENSE SHALL NOT BE REQUIRED TO MAKE
INCIDENTAL POTABLE WATER CONNECTIONS TO EXISTING POTABLE WATER PIPING
SYSTEMS, PROVIDED SUCH CONNECTION IS MADE BY A PERSON WHO HAS BEEN DULY
CERTIFIED UNDER THE PROVISIONS OF THIS CHAPTER IN THE RELATED AND APPLI-
CABLE MECHANICAL TRADE.
2. EXCEPTION. IN A NEW CONSTRUCTION, DEFINED HEREIN TO MEAN A STRUC-
TURE THAT DOES NOT HAVE A PRESENT EXISTING POTABLE WATER SYSTEM, ALL
FINAL POTABLE WATER SUPPLY CONNECTIONS TO AND FROM AND APPLIANCES
LOCATED WITHIN THE STRUCTURE MUST BE MADE BY A LICENSED MASTER PLUMBER.
FURTHER, ALL L.P. GAS PIPING AND NATURAL GAS PIPING CONNECTIONS WITHIN
SUCH STRUCTURES MUST BE INSTALLED BY A LICENSED MASTER PLUMBER OR DULY
CERTIFIED MECHANICAL TRADESPERSON.
3. (A) EACH PERSON ISSUED A LICENSE OR CERTIFICATION UNDER THIS CHAP-
TER WILL BE ISSUED A WRITTEN CERTIFICATE OF LICENSE OR CERTIFICATION, A
PERSONAL IDENTIFICATION CARD AND A VEHICLE BUMPER DECAL, EACH OF WHICH
WILL CONTAIN THE HOLDER'S NAME, NEW YORK STATE LICENSE OR CERTIFICATION
NUMBER, AND THE EXPIRATION DATE THEREOF. ALL ITEMS SO ISSUED SHALL BE
AND REMAIN THE PROPERTY OF NEW YORK STATE.
(B) THE CERTIFICATE OF LICENSE OR CERTIFICATION MUST BE CONSPICUOUSLY
DISPLAYED AT THE HOLDER'S PLACE OF BUSINESS AT ALL TIMES.
(C) THE PERSONAL IDENTIFICATION CARD MUST BE IN THE HOLDER'S
POSSESSION AT ALL TIMES WHILE ON A JOB SITE, AND AVAILABLE FOR
INSPECTION.
(D) THE VEHICLE'S BUMPER DECAL MUST BE AFFIXED TO THE LEFT REAR BUMPER
OF ALL VEHICLES OWNED, LEASED OR USED BY THE LICENSE OR CERTIFICATION
HOLDER IN THE PERFORMANCE OF HIS OR HER TRADE OR BUSINESS.
(E) ALL VEHICLES WHICH ARE OWNED, LEASED OR USED IN THE NAME OF A
BUSINESS ENTITY, THE OWNERS, PRINCIPALS AND/OR EMPLOYEES OF WHICH ARE
SUBJECT TO THE PROVISIONS OF THIS ARTICLE, MUST PROMINENTLY DISPLAY THE
BUSINESS NAME AND NEW YORK STATE LICENSE OR CERTIFICATION.
(F) ALL VEHICLES WHICH ARE OWNED, LEASED OR USED IN THE NAME OF A
BUSINESS ENTITY, THE OWNERS, PRINCIPALS AND/OR EMPLOYEES OF WHICH ARE
SUBJECT TO THE PROVISIONS OF THIS ARTICLE, MUST BE DULY REGISTERED WITH
THE BOARD BY PROVIDING PROOF OF VEHICLE REGISTRATION.
S. 7450 13
(G) FAILURE TO COMPLY IN ANY MANNER WITH THE PROVISIONS OF THIS SUBDI-
VISION SHALL BE A VIOLATION OF THIS ARTICLE AND SHALL SUBJECT THE
LICENSE/CERTIFICATION HOLDER TO THE SANCTIONS PROVIDED FOR IN THIS ARTI-
CLE.
S 7537. PROHIBITED ACTS AND ENFORCEMENT. 1. THE FOLLOWING ACTS ARE
STRICTLY PROHIBITED:
(A) ABANDONMENT OR FAILURE TO PERFORM, WITHOUT JUSTIFICATION, ANY
CONTRACT FOR PLUMBING OR MECHANICAL TRADES WORK OR PROJECT ENGAGED IN OR
UNDERTAKEN BY THE CONTRACTOR.
(B) MAKING ANY SUBSTANTIAL MISREPRESENTATION IN THE PROCUREMENT OF A
CONTRACT FOR PLUMBING OR MECHANICAL TRADES WORK, OR MAKING ANY FALSE
PROMISE LIKELY TO INFLUENCE, PERSUADE OR INDUCE.
(C) ANY FRAUD IN THE EXECUTION OF OR IN THE MATERIAL ALTERATION OF ANY
CONTRACT, PROMISSORY NOTE OR OTHER DOCUMENT INCIDENT TO A CONTRACT FOR
PLUMBING OR MECHANICAL TRADES WORK.
(D) MAKING A FALSE STATEMENT OR PROVIDING FALSE INFORMATION IN MAKING
AN APPLICATION FOR REGISTRATION, INCLUDING DUPLICATE OR RENEWAL.
(E) PREPARING OR ACCEPTING ANY MORTGAGE, PROMISSORY NOTE OR OTHER
EVIDENCE OF INDEBTEDNESS UPON THE OBLIGATION OF A CONTRACT FOR PLUMBING
OR MECHANICAL TRADES WORK WITH KNOWLEDGE THAT IT REPRESENTS A GREATER
MONETARY OBLIGATION THAN THE AGREED-UPON CONSIDERATION FOR THE CONTRACT.
(F) DEMANDING OR RECEIVING ANY PAYMENTS PRIOR TO THE SIGNING OF A
CONTRACT FOR PLUMBING OR MECHANICAL TRADES WORK.
(G) RECEIVING AT OR BEFORE THE TIME OF EXECUTION OF A CONTRACT A
DEPOSIT OF MORE THAN ONE THIRD OF THE CONTRACT PRICE.
(H) DIRECTLY OR INDIRECTLY PUBLISHING ANY ADVERTISEMENT RELATING TO
PLUMBING OR MECHANICAL TRADES WORK WHICH CONTAINS AN ASSERTION, REPRE-
SENTATION OR STATEMENT OF FACT WHICH IS FALSE, DECEPTIVE OR MISLEADING,
PROVIDED THAT ANY ADVERTISEMENT WHICH IS SUBJECT TO AND COMPLIES WITH
THEN EXISTING RULES, REGULATIONS OR GUIDES OF THE FEDERAL TRADE COMMIS-
SION SHALL NOT BE DEEMED FALSE, DECEPTIVE OR MISLEADING; OR BY ANY MEANS
OR ADVERTISING OR PURPORTING TO OFFER THE GENERAL PUBLIC ANY MECHANICAL
TRADE WORK WITH THE INTENT NOT TO ACCEPT CONTRACTS FOR THE PARTICULAR
WORK OR AT THE PRICE WHICH IS ADVERTISED OR OFFERED TO THE PUBLIC.
(I) DISREGARD AND VIOLATION OF THE BUILDING, SANITARY AND HEALTH LAWS
OF THE STATE OF NEW YORK OR OF ANY POLITICAL OR MUNICIPAL SUBDIVISION
THEREOF.
(J) FAILURE TO NOTIFY THE BOARD, IN WRITING, OF ANY CHANGES OF CONTROL
IN OWNERSHIP, MANAGEMENT OR BUSINESS NAME OR LOCATION.
(K) FAILURE TO ADHERE TO ANY OF THE REQUIREMENTS AS SET FORTH IN THIS
ARTICLE.
(L) CONDUCTING A PLUMBING OR MECHANICAL TRADES BUSINESS IN ANY NAME
OTHER THAN THE ONE IN WHICH THE CONTRACTOR IS REGISTERED.
(M) FAILURE TO COMPLY WITH ANY ORDER, DEMAND OR REQUIREMENT MADE BY
THE BOARD PURSUANT TO THE VARIOUS PROVISIONS OF THIS ARTICLE.
(N) FAILURE TO LIST REGISTRATION NUMBER IN ANY AND ALL ADVERTISEMENTS
FOR THE REGISTERED PLUMBING OR MECHANICAL TRADE BUSINESS.
(O) FAILURE TO ESTABLISH OR MAINTAIN FINANCIAL SOLVENCY, TAKING INTO
ACCOUNT THE SCOPE AND SIZE OF A PERSON'S BUSINESS IN RELATION TO THE
PERSON'S CURRENT ASSETS, LIABILITIES, CREDIT RATING, NET WORTH AND
CIRCUMSTANCES AFFECTING SOLVENCY. SUCH FINANCIAL INFORMATION SHALL BE
CONFIDENTIAL AND NOT A PUBLIC RECORD BUT, WHERE RELEVANT, SHALL BE
ADMISSIBLE AS EVIDENCE IN ANY ADMINISTRATIVE HEARING OR JUDICIAL ACTION
PROCEEDING.
(P) FAILURE TO MAINTAIN THE PROPER INSURANCE, SURETY LICENSE AND
PERMIT BOND, AS REQUIRED.
S. 7450 14
(Q) ANY FRAUD IN RECOMMENDING THE INSTALLATION, REPAIR OR REPLACEMENT
OF ANY ITEM THE TRADESMEN KNEW OR SHOULD HAVE KNOWN WAS NOT REQUIRED.
(R) WORK WHICH IS NOT CONSISTENT WITH NEW YORK STATE BUILDING CODES,
LOCAL CODES, CONTEMPORARY INDUSTRY STANDARDS OR ANY OTHER APPLICABLE
CODES.
2. SUSPENSION, REVOCATION AND CIVIL FINES. FOLLOWING A HEARING AS
PROVIDED FOR HEREIN, THE BOARD SHALL HAVE THE POWER TO REVOKE OR SUSPEND
FOR SUCH PERIOD AS THE BOARD MAY DEEM APPROPRIATE ANY LICENSE OR CERTIF-
ICATION ISSUED UNDER THE PROVISIONS OF THIS CHAPTER, AND/OR ASSESS AND
IMPOSE CIVIL FINES AS PROVIDED FOR HEREIN, PROVIDED A MAJORITY OF THE
BOARD IS SATISFIED BY SUBSTANTIAL EVIDENCE THAT A PERSON OR THE HOLDER
OF SUCH LICENSE OR CERTIFICATION HAS VIOLATED A PROVISION OF THIS CHAP-
TER, THE RULES AND REGULATIONS OF THE BOARD, OR ANY OTHER LAW, REGU-
LATION OR ORDINANCE APPLICABLE TO PLUMBING OR RELATED MECHANICAL TRADES.
3. PROCEDURE FOR SUSPENSION, REVOCATION AND/OR IMPOSITION OF CIVIL
FINES. (A) NOTICE OF CHARGES. PRIOR TO REVOCATION OR SUSPENSION OF A
LICENSE OR CERTIFICATION, AND/OR THE ASSESSMENT OF ANY CIVIL PENALTIES
AS PROVIDED FOR HEREIN, THE HOLDER THEREOF SHALL RECEIVE IN WRITING, IN
THE FORM OF AN APPEARANCE TICKET, ALL OF THE PARTICULARS OF THE ALLEGED
VIOLATION. SUCH NOTICE SHALL BE FORWARDED TO THE ALLEGED VIOLATOR BY THE
CODE ENFORCEMENT OFFICER VIA REGISTERED OR CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, AND SHALL CONTAIN THE FOLLOWING INFORMATION:
(I) THE NAME AND ADDRESS OF THE ALLEGED VIOLATOR.
(II) THE SPECIFIC SECTION OR SECTIONS OF THIS ARTICLE ALLEGED TO HAVE
BEEN VIOLATED.
(III) A STATEMENT OF THE FACTS AND CIRCUMSTANCES SUPPORTING THE CHARGE
OR CHARGES.
(IV) THE DATE, TIME AND PLACE WHERE THE ALLEGED VIOLATOR IS SUMMONED
TO APPEAR BEFORE THE BOARD FOR A HEARING ON THE ALLEGED VIOLATION.
(V) A STATEMENT ADVISING THE ALLEGED VIOLATOR THAT ANY ANSWER TO THE
CHARGES MUST BE FILED WITH THE BOARD WITHIN FIFTEEN DAYS OF HIS OR HER
RECEIPT THEREOF, AS EVIDENCED BY THE RETURNED RECEIPT OF MAILING.
(VI) A STATEMENT OF THE POSSIBLE PENALTIES TO BE IMPOSED IN THE EVENT
THE CHARGES ARE PROVEN TO THE BOARD BY SUBSTANTIAL EVIDENCE.
(VII) A STATEMENT ADVISING THE ALLEGED VIOLATOR THAT A DEFAULT JUDG-
MENT WILL BE ENTERED AGAINST HIM OR HER IN THE EVENT HE OR SHE FAILS TO
APPEAR AS DIRECTED.
(VIII) A STATEMENT ADVISING THE ALLEGED VIOLATOR THAT HE OR SHE HAS
THE RIGHT:
(A) TO BE REPRESENTED BY LEGAL COUNSEL (AT HIS OR HER OWN EXPENSE);
(B) TO TESTIFY, CALL WITNESSES AND/OR PRESENT EVIDENCE IN HIS OR HER
DEFENSE AT THE HEARING.
(B) HEARING. (I) TIMING. THE HEARING ON ANY ALLEGED VIOLATION OF THIS
ARTICLE SHALL BE HELD BEFORE THE BOARD WITHIN SIXTY DAYS OF THE DATE OF
THE WRITTEN NOTICE PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION.
(II) ADJOURNMENTS. ANY REQUEST FOR AN ADJOURNMENT MUST BE MADE IN
WRITING AND MAY BE GRANTED AT THE SOLE DISCRETION OF THE BOARD.
(III) RECORD. A STENOGRAPHIC RECORD OR RECORD OF THE HEARING SHALL BE
CREATED BY THE BOARD.
(IV) RULES OF EVIDENCE. COMPLIANCE WITH THE TECHNICAL RULES OF
EVIDENCE SHALL NOT BE REQUIRED, BUT ALL EVIDENCE PRESENTED MUST BE MATE-
RIAL AND RELEVANT AS DETERMINED BY THE HEARING OFFICER (OR PRESIDING
BOARD MEMBER).
(V) PRESIDING OFFICER. THE HEARING SHALL BE CONDUCTED BY THE BOARD AND
SHALL BE PRESIDED OVER BY THE CHAIRMAN OF THE BOARD OR, IN HIS OR HER
ABSENCE, THE VICE-CHAIRMAN.
S. 7450 15
(VI) PRESENTATION OF EVIDENCE IN SUPPORT OF THE CHARGES. EVIDENCE OF
ALLEGED VIOLATION SHALL BE PRESENTED TO THE BOARD BY THE CODE ENFORCE-
MENT OFFICER OR OFFICERS, OR SUCH OFFICER'S DESIGNEE, WHO SHALL BE
SUBJECT TO CROSS-EXAMINATION BY THE ALLEGED VIOLATOR OR HIS OR HER LEGAL
REPRESENTATIVE.
(VII) BURDEN OF PROOF. THE CHARGES CONTAINED IN THE NOTICE SHALL BE
PROVED BY SUBSTANTIAL EVIDENCE.
(VIII) FINDINGS OF FACT DECISION. WITHIN THIRTY DAYS FROM SUBMISSION
OF ALL EVIDENCE AND THE CLOSE OF THE HEARING, THE BOARD SHALL ISSUE A
WRITTEN DECISION ON THE CHARGES, SETTING FORTH THEREIN:
(A) ITS FINDINGS OF FACT AS DETERMINED BY THE EVIDENCE PRESENTED AT
THE HEARING;
(B) ITS DECISION REGARDING THE ALLEGED VIOLATOR'S GUILT OR INNOCENCE
OF THE CHARGES SET FORTH IN THE NOTICE OF CHARGES;
(C) A STATEMENT OF THE REASONS SUPPORTING ITS DECISION;
(D) THE PENALTY, IF ANY, TO BE IMPOSED, INCLUDING ANY RELEVANT EFFEC-
TIVE DATE OR PERIODS OF DURATION AS DETERMINED BY THE BOARD; AND
(E) A STATEMENT REGARDING THE RIGHT TO CHALLENGE THE BOARD'S DECISION
PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
(IX) NOTICE OF DECISION. THE BOARD SHALL IMMEDIATELY CAUSE A WRITTEN
COPY OF ITS FINDINGS OF FACT AND DECISION TO BE DELIVERED TO THE ALLEGED
VIOLATOR VIA REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED.
(X) JUDICIAL REVIEW. THE DECISION OF THE BOARD SHALL BE SUBJECT TO
JUDICIAL REVIEW IN ACCORDANCE WITH ARTICLE SEVENTY-EIGHT OF THE CIVIL
PRACTICE LAW AND RULES.
4. PERMISSIBLE PENALTIES. IN ADDITION TO ITS POWER TO SUSPEND OR
REVOKE A LICENSE OR CERTIFICATION ISSUED HEREUNDER, OR IN LIEU THEREOF,
THE BOARD, FOLLOWING A DETERMINATION THAT THE CHARGES HAVE BEEN PROVEN
BY SUBSTANTIAL EVIDENCE, MAY IMPOSE THE FOLLOWING ADDITIONAL PENALTIES:
(A) ISSUANCE OF AN OFFICIAL REPRIMAND AND WARNING LETTER, A COPY OF
WHICH SHALL BE RETAINED BY THE BOARD AND CONSIDERED IN CONNECTION WITH
FUTURE APPLICATIONS FOR LICENSURE, CERTIFICATION AND/OR RENEWAL.
(B) A CIVIL PENALTY IN AN AMOUNT AUTHORIZED BY RESOLUTION OF THE NEW
YORK STATE LEGISLATURE, BUT NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH
VIOLATION OF THIS ARTICLE.
(C) RESTITUTION. TO THE EXTENT A CONSUMER HAS BEEN MATERIALLY DAMAGED
AS A DIRECT RESULT OF A VIOLATION OF THIS CHAPTER, THE BOARD MAY ISSUE
AN ORDER OF RESTITUTION, THE AMOUNT OF WHICH SHALL BE BASED UPON SUFFI-
CIENT AND SATISFACTORY EVIDENCE OF SUCH DAMAGE AS PRESENTED TO THE BOARD
BY THE AGGRIEVED CONSUMER.
5. LITIGATION COSTS. IN THE EVENT THE STATE IS REQUIRED TO INSTITUTE
LEGAL PROCEEDINGS TO COLLECT ANY PORTION OF A FINE OR PENALTY IMPOSED
UPON A PERSON UNDER THIS ARTICLE, THE STATE SHALL BE ENTITLED TO RECOVER
FROM THE PERSON ANY AND ALL ASSOCIATED COSTS THEREOF, INCLUDING ATTOR-
NEYS FEES AND INTEREST ON ANY UNPAID FINE OR PENALTY CALCULATED AT THE
STATUTORY RATE.
6. TO INVESTIGATE ALLEGED VIOLATIONS OF THIS SECTION, THE DIRECTOR, OR
HIS OR HER DULY AUTHORIZED DESIGNEE, SHALL BE ENTITLED TO REQUEST AND
REVIEW RECORDS MAINTAINED BY THE HOLDER OF A LICENSE AND/OR CERTIF-
ICATION WHICH DEMONSTRATES THEIR COMPLIANCE WITH SAID SECTION. UPON
COMPLETION OF AN INVESTIGATION, THE DIRECTOR SHALL HAVE THE POWER TO
FORWARD HIS OR HER FINDINGS TO THE BOARD FOR THE INSTITUTION OF
PROCEEDINGS PURSUANT TO THIS SECTION. THE DETERMINATION OF THE BOARD
SHALL BE SUBJECT TO JUDICIAL REVIEW IN ANY COURT OF COMPETENT JURISDIC-
TION.
S. 7450 16
7. IN ADDITION TO ANY CIVIL PENALTIES THAT MAY BE IMPOSED IT SHALL BE
A CLASS A MISDEMEANOR, AS DEFINED IN THE PENAL LAW, PUNISHABLE BY A TERM
OF IMPRISONMENT NOT EXCEEDING ONE YEAR AND A FINE NOT EXCEEDING ONE
THOUSAND DOLLARS, TO DIRECTLY OR INDIRECTLY ENGAGE IN OR WORK AT THE
BUSINESS OF A MASTER PLUMBER OR LICENSED OR CERTIFIED MECHANICAL TRADES-
PERSON, AS PROVIDED HEREIN, IN THE STATE OF NEW YORK, WITHOUT APPLICABLE
LICENSE OR CERTIFICATE WHILE HIS OR HER LICENSE OR CERTIFICATE IS
SUSPENDED OR REVOKED.
8. THIS SECTION SHALL BE ENFORCED BY THE NEW YORK STATE POLICE.
ARRESTS MADE PURSUANT TO THIS SECTION SHALL BE MADE BY A POLICE OFFICER
OR A PEACE OFFICER ACTING UNDER HIS OR HER SPECIAL DUTIES.
S 7538. INSURANCE. 1. PRIOR TO THE ISSUANCE OF A MASTER PLUMBER
LICENSE OR MECHANICAL TRADES CERTIFICATION, OR RENEWAL THEREOF, THE
APPLICANT MUST PROVIDE THE BOARD WITH THE FOLLOWING PROOFS OF INSURANCE
AND/OR BONDING:
(A) A LICENSE/PERMIT BOND IN THE AMOUNT OF TWENTY-FIVE THOUSAND
DOLLARS.
(B) WORKERS' COMPENSATION INSURANCE FOR ALL EMPLOYEES.
(C) GENERAL LIABILITY OF AT LEAST FIVE HUNDRED THOUSAND DOLLARS PER
OCCURRENCE.
2. ALL BONDS AND INSURANCE POLICIES SHALL CONTAIN A PROVISION OF
CONTINUED LIABILITY AND NAME NEW YORK STATE AS AN ADDITIONAL INSURED.
3. ANY LICENSED OR CERTIFIED CONTRACTOR WHO HAS COMPLETED THE APPRO-
PRIATE "NO EMPLOYEE" AFFIDAVIT AND IS FOUND IN VIOLATION OF THE WORKERS'
COMPENSATION WAIVER SHALL BE SUBJECTED TO A CIVIL PENALTY AS PROVIDED
FOR IN THIS ARTICLE.
S 7539. WAIVER. THE PROVISIONS OF THIS ARTICLE ARE INTENDED FOR THE
PROTECTION OF AN OWNER AND SHALL NOT BE SUBJECT TO WAIVER BY AN OWNER IN
A CONTRACT FOR PLUMBING OR MECHANICAL TRADES WORK OR OTHERWISE.
S 7540. REPEALER. ALL ORDINANCES, LOCAL LAWS AND PARTS THEREOF INCON-
SISTENT WITH THIS ARTICLE ARE HEREBY REPEALED; PROVIDED, HOWEVER, THAT
SUCH REPEAL SHALL NOT AFFECT OR IMPAIR ANY ACT DONE OR RIGHT ACCRUING,
ACCRUED OR ACQUIRED, OR PENALTY, CHARGE, LIABILITY, FORFEITURE OR
PUNISHMENT INCURRED OR OWING PRIOR TO THE TIME SUCH REPEAL TAKES EFFECT,
BUT THE SAME MAY BE ENJOYED, ASSERTED, COLLECTED, ENFORCED, PROSECUTED
OR INFLICTED AS FULLY AND TO THE SAME EXTENT AS IF SUCH REPEAL HAD NOT
BEEN EFFECTED. ALL ACTIONS AND PROCEEDINGS, CIVIL OR CRIMINAL, COMMENCED
UNDER OR BY VIRTUE OF ANY PROVISION OF STATE LAW, ORDINANCE OR RESOL-
UTION SO REPEALED, AND PENDING IMMEDIATELY PRIOR TO THE TAKING EFFECT
OF SUCH REPEAL, MAY BE PROSECUTED AND DEFENDED TO FINAL EFFECT IN THE
SAME MANNER AS THEY MIGHT IF SUCH PROVISIONS WERE NOT SO REPEALED.
S 7541. SEVERABILITY. IF ANY PART OR PROVISION OF THIS ARTICLE OR THE
APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE BE ADJUDGED INVALID BY
ANY COURT OF COMPETENT JURISDICTION, SUCH JUDGMENT SHALL BE CONFINED IN
ITS OPERATION TO THE PART OR PROVISION OR APPLICATION DIRECTLY INVOLVED
IN THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED AND
SHALL NOT AFFECT OR IMPAIR THE VALIDITY OF THE REMAINDER OF THIS ARTICLE
OR THE APPLICATION THEREOF TO OTHER PERSONS OR CIRCUMSTANCES. THE STATE
OF NEW YORK HEREBY DECLARES THAT IT WOULD HAVE PASSED THIS ARTICLE OR
THE REMAINDER THEREOF HAD SUCH INVALID APPLICATION OR INVALID PROVISION
BEEN APPARENT.
S 4. This act shall take effect the ninetieth day after it shall have
become a law.
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