S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5039

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 29, 2015
                               ___________

Introduced by Sen. PANEPINTO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09357-01-5
              

S. 5039                             2

        7539. WAIVER.
        7540. REPEALER.
        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 ARTICLE, 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 ARTICLE, 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
ARTICLE.
  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 ARTICLE, 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
ARTICLE,  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-

S. 5039                             3

HOLDER. PRIOR TO THE THIRTIETH DAY OF JUNE NEXT SUCCEEDING THE EFFECTIVE
DATE OF THIS ARTICLE, THE BOARD WILL ISSUE JOURNEYMAN PLUMBER CARDS  AND
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 ARTICLE.
  14.  MECHANICAL  TRADES. TRADES THAT ARE DIRECTLY RELATED TO THE TRADE
OF PLUMBING AND SUBJECT TO CERTIFICATION UNDER THE  PROVISIONS  OF  THIS
ARTICLE, 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 ARTICLE.
  16.  PERSON.  FOR  PURPOSES  OF  THIS ARTICLE, 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 ARTICLE.
  2. NO PERSON SHALL ENGAGE IN THE BUSINESS  OR  TRADE  OF  PLUMBING  OR
OTHER  SIMILAR  MECHANICAL  TRADE, AS DEFINED HEREIN, OR HIRE HIMSELF OR

S. 5039                             4

HERSELF OUT TO PERFORM THE  SERVICES  OF  MASTER  PLUMBER,  LICENSED  OR
CERTIFIED  MECHANICAL  TRADESPERSON,  JOURNEYMAN  PLUMBER  OR JOURNEYMAN
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 ARTICLE 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.

S. 5039                             5

  (C) APPLICANTS FOR A LICENSE IN THE L.P. GAS, SPRINKLER, PUMP  INSTAL-
LATION,  WATER TREATMENT OR WELL DRILLING TRADES MUST INCLUDE WITH THEIR
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 ARTICLE 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 ARTICLE 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 ARTICLE, 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 ARTICLE
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

S. 5039                             6

SIMILARLY ISSUE A LICENSE OR CERTIFICATION  WITHOUT  EXAMINATION  TO  AN
INDIVIDUAL  WITH  SUCH  QUALIFICATIONS LICENSED OR CERTIFIED IN NEW YORK
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 ARTICLE REMAIN APPLICABLE  TO  SUCH  PERSONS.  SUCH
PERSONS ARE SUBJECT TO ALL PROVISIONS OF THIS ARTICLE.
  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 ARTICLE 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

S. 5039                             7

TO  DO  SO  SHALL  BE DEEMED SUFFICIENT CAUSE FOR DENYING A NEW LICENSE,
CERTIFICATION AND/OR RENEWAL THEREOF TO SUCH PERSON AND PROHIBITING  THE
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
ARTICLE. FAILURE TO DO SO SHALL CONSTITUTE A VIOLATION OF THIS  ARTICLE.
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 ARTICLE 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 ARTICLE SHALL
HIRE ANY PERSON TO PERFORM SERVICES OF A JOURNEYMAN PLUMBER OR  JOURNEY-
MAN  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 ARTICLE 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 ARTI-
CLE.
  20. A VIOLATION OF THIS SECTION SHALL SUBJECT  SUCH  PERSON  TO  CIVIL
AND/OR CRIMINAL PENALTIES AS PROVIDED FOR IN THIS ARTICLE, EXCEPT THAT A

S. 5039                             8

MASTER PLUMBER SHALL BE RESPONSIBLE FOR ANY AND ALL UNREGISTERED EMPLOY-
EES.
  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
ARTICLE 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 ARTICLE 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 ARTICLE  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 ARTICLE.
  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.

S. 5039                             9

  (IV)  THE  PERIOD OF SHELVED STATUS SHALL COMMENCE ON JANUARY FIRST OF
THE NEXT YEAR FOLLOWING THE GRANTING OF APPROVAL BY THE BOARD.
  (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 ARTICLE, 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 ARTICLE, 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; OR
  (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 ARTICLE, 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 ARTICLE ON BEHALF OF SUCH CORPO-

S. 5039                            10

RATION, PARTNERSHIP, LIMITED PARTNERSHIP OR JOINT VENTURE, WHETHER  THEY
BE  EMPLOYEES,  OFFICERS,  OWNERS,  OR SHAREHOLDERS OF THE SAME, MUST BE
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 ARTICLE 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 SUBDIVISION SHALL SUBJECT SUCH PERSON TO CIVIL
PENALTIES AS PROVIDED IN THIS ARTICLE.

S. 5039                            11

  (C) HVAC CERTIFICATION.
  (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 OR 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.

S. 5039                            12

  (IV) APPLICANTS FOR WATER TREATMENT CERTIFICATION MUST:
  (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 ARTICLE, 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 ARTICLE 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 ARTI-
CLE 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. 5039                            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  GUIDELINES  OF  THE  FEDERAL  TRADE
COMMISSION SHALL NOT BE DEEMED FALSE, DECEPTIVE OR MISLEADING; OR BY ANY
MEANS  OR  ADVERTISING  OR  PURPORTING  TO  OFFER THE GENERAL PUBLIC ANY
PLUMBING OR  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.

S. 5039                            14

  (P)  FAILURE  TO  MAINTAIN  THE  PROPER  INSURANCE, SURETY LICENSE AND
PERMIT BOND, AS REQUIRED.
  (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 ARTICLE, 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  ARTI-
CLE,  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).

S. 5039                            15

  (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.
  (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) TO THE EXTENT A CONSUMER HAS BEEN MATERIALLY DAMAGED AS  A  DIRECT
RESULT  OF  A VIOLATION OF THIS ARTICLE, THE BOARD MAY ISSUE AN ORDER OF
RESTITUTION, THE AMOUNT OF WHICH SHALL  BE  BASED  UPON  SUFFICIENT  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

S. 5039                            16

SHALL BE SUBJECT TO JUDICIAL REVIEW IN ANY COURT OF COMPETENT  JURISDIC-
TION.
  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 ENJOINED, 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.