Licensing and Registration of Businesses, Trades and Occupations Engaged in Building Work

RCNY tit. 1, ch. 100, subch. D

in effect

1 RCNY § 104-01 License Qualifications and Other Requirements.

§ 104-01 License Qualifications and Other Requirements. (a) Applicability. This subchapter shall apply to all licenses issued by the Department, except where otherwise specified. (b) Definitions. (1) For purposes of this subchapter, the terms "City," "Commissioner" and "Department" shall have the same meanings as set forth in § 28-101.5 of the Administrative Code. (2) For purposes of this subchapter, the term "license" shall include any license as defined in § 28-401.3 of the Administrative Code, except that the term shall include "certificate of competence" whenever such a certificate is required by Chapter 4 of Title 28 of the Administrative Code, and any Master Electrician's License and Special Electrician's License as defined in § 28-429 and § 28-430 of the Administrative Code. (c) Examinations. (1) Applicability. This subdivision shall apply to Department-sponsored examinations administered for the following licenses: (i) Electrician (Master/Special) (ii) High Pressure Boiler Operating Engineer (iii) Master Fire Suppression Piping Contractor (Classes A, B and C) (iv) Master Plumber (v) Oil Burning Equipment Installer (vi) Elevator Agency Director (vii) Elevator Agency Inspector (viii) Rigger (Master/Special/Tower Crane) (ix) Sign Hanger (Master/Special) (x) Site Safety Manager (2) Examination procedures. (i) The examination shall consist of a written test, practical test, or a combination of such tests. The practical test may include oral, reading, and/or practical components. Admission to a test does not imply that the applicant possesses the minimum qualifications required. License applicants may not release or otherwise make public the questions and answers for such tests. (ii) Applicants must apply for any test by submitting an application on a form prescribed by the Department to the Department's Licensing & Exams Unit or its designee. The application must be accompanied by the examination fee and any other required documents as set forth in the Department's rules. Applicants reapplying to take any test, including after a failure, must do so in accordance with the requirements in this paragraph. (iii) Where either a written or practical test, but not both, is required, applicants have six (6) months from submission of the application to take the test. (iv) Where both written and practical tests are required, applicants have six (6) months from submission of the application to take the written test, two (2) months from notification of passing the written test to submit an application for the practical test, and six (6) months from submission of that application to take the practical test. (v) If an applicant fails the practical test, the applicant has up to twenty-four (24) months from the date of notification of passing the written test to pass the practical test. (vi) Failed written test. (A) Applicants who fail the written test must wait at least fourteen (14) days before reapplying to take the test. (B) Each time an applicant wishes to take the written test, including after a failure, the applicant must reapply to the Department and pay the required fee as set forth in the Department's rules. (C) Applicants may take the written test no more than three (3) times within a six (6) month period. (D) Applicants who fail the written test three (3) times within six (6) months must wait six (6) months from the date of the third failed written test before reapplying to take the written test. (vii) Failed practical test. (A) Applicants who fail the practical test must wait at least ninety (90) days before reapplying to take the test. (B) Each time an applicant wishes to take the practical test, including after a failure, the applicant must reapply to the Department and pay the required fee as set forth in the Department's rules. (C) Applicants may take the practical test no more than two (2) times within a twelve (12) month period. (D) Applicants who fail the practical test two (2) times within twelve (12) months must wait six (6) months from the date of the second failed practical test before reapplying to take the practical test. (viii) An applicant who has been notified of failure to pass the written or practical test may appeal such failure only if the applicant has failed by not more than five (5) points. Such appeal must be in writing with an original signature and addressed as the Commissioner may require. The appeal must state the title of the license examination, the applicant's name, return address and social security number, the date of the test and a detailed statement of the grounds for appeal. The appeal must be received not later than thirty (30) days from the date of notification of failure to pass the test. (ix) Impersonating and cheating. (A) A person who impersonates another person, allows himself or herself to be impersonated, or otherwise cheats in a license examination shall be disqualified from receiving a license issued by the Department. (B) A person disqualified for impersonating or otherwise cheating may submit a written request to the Commissioner to appeal the disqualification. The written request must set forth reasons to substantiate the request and must be received not later than thirty (30) days from the date of notification of disqualification. (x) An applicant who passes a required examination must commence the license application process by submitting an application as defined in subdivision (e) with the department within one year of passing the examination for licensure. Where both written and practical tests are required, the license application process must be commenced within one year of passing the practical test. (3) License examinations administered by other agencies. License examinations administered by other agencies for licenses regulated by the Department shall continue to be subject to such other agency's rules and regulations regarding examinations and investigations until the responsibility for administering particular licensing examinations is transferred to the Department, at which point the provisions of this rule shall apply. (d) Education, training and experience. An applicant must possess the minimum education, training and/or experience required by the Administrative Code at the time of filing the application. For purposes of this subdivision, the term "experience" refers to that experience gained in the relevant trade as the result of fulltime compensated employment, unless otherwise determined by the Commissioner. (e) Documentation of education, training and experience submitted with the application. For the purposes of qualification for licensure, "application" refers to the documents submitted to start the background investigation. An applicant must verify the claimed experience by submitting documentation with the application, unless the applicant is required to pass an examination in which case the documentation must be submitted upon passage of such examination. Such documentation must include but not be limited to: (1) Notarized affidavits or a notarized form prescribed by the Department from all past or current employers under whom experience is claimed. Affidavits or forms from New York City licensees shall be sealed where applicable. Affidavits or forms must include the following information: (i) Applicant's job title (helper, journeyman, etc.); (ii) A detailed description of applicant's duties; (iii) When applicant worked with the licensee (employment dates shall be in mm/dd/yyyy format); (iv) Whether employment was on a full or part-time basis, detailing the average weekly hours; and (v) Where license supervision is required, a statement by the licensee that he or she directly supervised applicant's work. (2) Social Security History of Earnings for the years applicant is claiming as experience reflecting wages appropriate for the trade. (3) Where the code requires supervision in the installation of plumbing systems, the planning or design of plumbing systems, or the performance of fire suppression piping work, including the planning or design of fire suppression piping systems, evidence that the supervising licensees performed such work as demonstrated by permits, completed contracts or such other documentation as the Department may require. (4) Where the applicant is self-employed, the applicant shall verify that he or she performed qualifying work by submitting documentation, including but not limited to personal and business tax returns, route sheets or work logs from the supervising licensee, contracts with customers, and statements from customers detailing the work the applicant performed and when that work was performed. (5) Where the applicant did not receive monetary compensation from his or her employer as evidenced by payroll records, such as social security payments, income tax withholding or the disbursement of other funds as required by law for the benefit of such employee, the Department may consider such experience if the applicant can provide evidence of an employer-employee relationship. The applicant must provide a detailed explanation of the nature of the employer-employee relationship, which may include, but is not limited to, written agreements between the applicant and the employer, the employer's workers compensation records, time-keeping records, work logs, or other contemporaneous documentation as the Department may require. (f) Fitness. (1) An applicant for a license issued by the Department, other than a Master, Special or Tower Crane Rigger or Hoisting Machine Operator, must provide evidence of fitness to perform the work authorized by the license. (2) An applicant for license renewal, other than a license for Master, Special or Tower Crane Rigger or Hoisting Machine Operator, must provide evidence of fitness to perform the work authorized to be performed by a holder of the license held or once held by the applicant. A renewal applicant must satisfy these requirements at every subsequent renewal. (3) Such evidence of fitness must be on a form prescribed by the Commissioner and must establish that the applicant has passed a physical examination. (4) The Department may also require that an applicant take a substance abuse test and provide evidence of a negative result for such test. Such evidence must include the name, address and telephone number of the laboratory that performed the test and consent to the release by such laboratory of the test results to the Department upon request of the Department. (5) Hoisting Machine Operators and Riggers must comply with the fitness provisions of 1 RCNY § 104-09 and 1 RCNY § 104-10, respectively. (g) Investigation of applicant. (1) The Department or its designee shall conduct an investigation of each applicant to determine the applicant's fitness and qualification for the license. The burden of proving that an applicant meets the required qualifications is on the applicant. An applicant's failure to meet the requirements specified by the Administrative Code or by the Department's rules, and/or an applicant's refusal to cooperate with an investigation, will result in denial of the license or certificate of competence. (2) Applicants who refuse to provide all requested documents within six (6) months of the date of request shall be denied a license or certificate of competence. (h) Issuance of license after approval. (1) An applicant who passes an examination required pursuant to this rule, is found to have met the qualifications of § 28-401.6 of the Administrative Code, and has been investigated by the Department or its designee, shall receive a notice of approval from the Department. (2) The applicant must furnish to the Department all requested forms, documents, and fees within one (1) year of the date of the Department's notice of approval. Failure to do so within the time specified will result in the denial of license issuance and will require a re-examination and reapplication. (3) Upon issuance of a license, all applicants must provide proof in a form prescribed by the Department, that the business the applicant affixes to such license, is authorized to operate in the State of New York by the New York State Department of State. (i) Reconsideration. An applicant who has been notified of failure to meet the fitness and qualification requirements and who has additional relevant information or documentation for the Department's review may request reconsideration. Such request for reconsideration must be in writing with a signature and addressed as the Commissioner may require. The request for reconsideration must state the title of the license, the applicant's name and return address, the date of the Department's denial and a detailed statement of the grounds for reconsideration with any supporting documentation. The Department must receive the request for reconsideration not later than sixty (60) days from the date of notification of the denial of the license. (j) Denial of issuance. Failure to pay any outstanding fines, penalties or fees related to the individual's professional dealings with the City, within a specified time period, may result in the denial of the issuance of any license or registration. (k) Change of address. (1) Applicants must promptly notify the Department in writing of any address change that occurs after filing the license application. (2) Failure to furnish such notification may result in denial of the license and the loss of the opportunity to complete subsequent portions of the license examination, including any tests or investigation. (3) All applicants must have an agent for the acceptance of service of process or maintain a New York City address. A Post Office Box is not acceptable for such purposes. The name and address of the agent and any changes to such name or address must be filed with the Department. Failure to do so constitutes a waiver of challenge to service of process. (l) Place of business. (1) Where a licensee has a place of business in New York City, that location must comply with all applicable provisions of the Zoning Resolution. (2) Pursuant to § 28-401.18 of Chapter 4 of Title 28 of the Administrative Code, a place of business in New York City is not required for holders of the following licenses: (i) Concrete Safety Manager. (ii) Construction Superintendent. (iii) Filing Representative. (iv) General Contractor. (v) High-Pressure Boiler Operating Engineer. (vi) Hoisting Machine Operator. (vii) Lift Director. (viii) Safety Registrant. (ix) Site Safety Coordinator. (x) Site Safety Manager. (xi) Welder. (3) A Licensed Master Plumber or Licensed Master Fire Suppression Piping Contractor must have a place of business within New York City and must display prominently to the public in the window of the place of business designated in his or her application or on a sign securely attached to the premises, the licensee’s full name with the words “Licensed Master Plumber” or “Licensed Master Fire Suppression Piping Contractor” and the Department-issued license number immediately thereunder. If the business is conducted under a trade name, or by a co-partnership or corporation, such trade name or co-partnership or corporation name must be placed immediately above the full name or names of the licensee(s) conducting the business as provided by §§ 28-408.6.2 and 28-410.7.2 of the Administrative Code. (Amended City Record 2/14/2017, eff. 3/16/2017; amended City Record 3/4/2022, eff. 4/3/2022; amended City Record 4/29/2024, eff. 5/29/2024; amended City Record 11/21/2025, eff. 12/21/2025)

1 RCNY § 104-02 Required Insurance.

§ 104-02 Required Insurance. (a) The following categories of licensee are subject to the requirements set forth in this section: (1) Elevator Agency Director. (2) General Contractor. (3) Master Electrician. (4) Master Fire Suppression Piping Contractor. (5) Master Plumber. (6) Oil Burner Equipment Installer. (7) Rigger (Master/Special/Tower Crane). (8) Safety Registrants. (9) Sign Hanger (Master/Special). (10) Special Electrician (employer's coverage). (b) Commercial general liability insurance. (1) Each applicant for and holder of a license shall, at its expense, procure and maintain commercial general liability (CGL) insurance covering the types and scope of work performed under the license, which satisfies the requirements of this subdivision. All CGL insurance policies shall: (i) Be issued by a company or companies that may lawfully issue the required policy and has an A.M. Best rating of at least A-VII or a Standard and Poor's rating of at least A; (ii) Provide coverage at least as broad as set forth in the most recent edition of Insurance Services Office (ISO) Form CG 0001; and (iii) Provide coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence. (2) Each applicant for and holder of a license shall provide proof of CGL insurance by submission of a certificate of insurance in a form satisfactory to the Department that: (i) satisfies the requirements of subdivision (e) of this section; (ii) identifies the insurance company that issued such insurance policy, the policy number, limit(s) of insurance, and expiration date; and (iii) is accompanied by a sworn statement in a form prescribed by the Department from a licensed insurance broker certifying that the insurance certificate may be relied upon as accurate in all respects and that the insurance certificate thereon is in force. (3) Any holder of a license who, during the term of the license, is issued any permit of the types set forth in Administrative Code § 28-105.2 shall cause the City, together with its officials and employees, to be named as an additional insured on the insurance required under this subdivision with regard to all work to be performed pursuant to all such permits. The City's coverage shall be at least as broad as set forth in the most recent edition of ISO Form CG 2012 or CG 2026. (c) Workers' compensation insurance. Each applicant for and holder of a license shall, at its own expense, procure and maintain workers' compensation insurance, or a waiver of such insurance from the New York State Workers' Compensation Board, and shall submit proof thereof in a form acceptable to the Department and in compliance with subdivision (e) of this section. ACORD forms are not acceptable proof of workers' compensation coverage. (d) Disability insurance. Each applicant for and holder of a license shall, at its own expense, procure and maintain disability insurance, or a waiver of such insurance from the New York State Workers' Compensation Board, and shall submit proof thereof in a form acceptable to the Department and in compliance with subdivision (e) of this section. (e) Proof of insurance. Proof of insurance shall not contain any handwritten corrections and shall contain the following information: (1) The applicant's or licensee's license, registration or tracking number(s); (2) With regard to all workers' compensation or disability certificates, the applicant's or licensee's federal Employer Identification Number or social security number, and policy expiration date(s); (3) The policy holder's business address (not a post office box) exactly as it appears on the Department's Buildings Information System ("BIS"); and (4) New York City Department of Buildings, Attn: Licensing Unit, 280 Broadway, 6th Floor, New York, NY 10007 specified as a certificate holder. (f) If, at any time after a license has been issued, any policy of insurance required by this section expires, is cancelled or otherwise terminates, the licensee shall notify the Department and procure, at its own expense, a renewal or replacement policy that fully complies with the requirements of this section and, prior to the date of such termination, submit proof thereof in conformity with the requirements of this section. (g) Any applicant for or holder of a license shall provide a copy of any insurance policy secured in compliance with this section within thirty (30) days of a request for such policy by the Department or the New York City Law Department. (h) A failure by the City or the Department to enforce any of the foregoing requirements shall not constitute a waiver of such requirement or any other requirement. (Amended City Record 3/4/2022, eff. 4/3/2022; amended City Record 4/29/2024, eff. 5/29/2024)

1 RCNY § 104-03 Term of License. [Repealed] (Amended City Record 3/4/2022, eff. 4/3/2022; repealed City Record 4/29/2024, eff. 5/29/2024)

1 RCNY § 104-04 Renewal.

§ 104-04 Renewal. License renewals shall be governed by the provisions of Administrative Code § 28-401.12.

1 RCNY § 104-05 Reinstatement of License. [Repealed] (Amended City Record 4/25/2017, eff. 5/25/2017; repealed City Record 4/29/2024, eff. 5/29/2024)

1 RCNY § 104-06 Continuing Education Requirements.

§ 104-06 Continuing Education Requirements. (a) Applicability. This section shall be applicable to license holders seeking renewal of licenses requiring the completion of continuing education course(s) and to applicants seeking Department approval to provide continuing education courses for the following license types: (1) Concrete Safety Manager. (2) Construction Superintendent. (3) Electrician (Master/Special). (4) Filing Representative. (5) Hoisting Machine Operator. (6) Lift Director. (7) Master Fire Suppression Piping Contractor. (8) Master Plumber. (9) Rigger (Master/Special/Tower Crane). (10) Site Safety Coordinator. (11) Site Safety Manager. (b) Course requirements for license renewals. The following courses are required for renewal of the below listed license types: (1) Concrete Safety Manager. During the one (1) year immediately prior to renewal, the licensee must have successfully completed a Department-approved course that is at least eight (8) hours in length in concrete operations. (2) Construction Superintendent. During the one (1) year immediately prior to renewal, the licensee must have successfully completed a Department-approved course that is at least eight (8) hours in length, covering the site safety provisions of Chapter 33 of the New York City Building Code and related rules and regulations, as well as relevant safety precautions. (3) Electrician (Master/Special). During the one (1) year immediately prior to renewal, the licensee must have successfully completed a Department-approved course that is at least eight (8) hours in length, covering the New York City Electrical Code and other requirements pursuant to 1 RCNY § 105-03 of subchapter E of this chapter. (4) Filing Representative. Renewals for class 1 or class 2 filing representative registration are subject to the requirements set forth in 1 RCNY § 104-24. (5) Hoisting Machine Operator. During the one (1) year immediately prior to renewal, the licensee must have successfully completed a Department-approved course that is at least eight (8) hours in length covering those provisions of the administrative code and regulations that are unique to New York City for the operation of a hoisting machine and the unique hazards of operating a hoisting machine within New York City. (6) Lift Director. During the one (1) year immediately prior to renewal, the licensee must have successfully completed a Department-approved course that is at least eight (8) hours in length covering the lift direction provisions of Chapter 33 of the New York City Building Code and related rules and regulations, as well as relevant safety precautions. (7) Master Fire Suppression Piping Contractor and Master Plumber. During the one (1) year immediately prior to renewal, the licensee must have successfully completed a Department-approved course that is at least seven (7) hours in length. (8) Master Rigger. During the one (1) year immediately prior to renewal, the licensee must have successfully completed both: (i) A Department-approved rigging supervisor course that is at least sixteen (16) hours in length and meets the requirements of Section 3316.9.2 of the New York city building code; and (ii) A Department-approved lift director course that is at least eight (8) hours in length covering the lift direction provisions of Chapter 33 of the New York city building code and related rules and regulations, as well as relevant safety precautions. (9) Special Rigger. During the one (1) year immediately prior to renewal, the licensee must have successfully completed both: (i) A Department-approved suspended scaffold supervisor course that is at least eight (8) hours in length and meets the requirements of Section 3314.4.5.3 of the New York city building code; and (ii) A Department-approved course that is at least eight (8) hours in length covering hoisting equipment, other than suspended scaffolds, utilized in the special rigger industry. (10) Tower Crane Rigger. During the one (1) year immediately prior to renewal, the licensee must have successfully completed a Department-approved tower crane rigging course that is at least eight (8) hours in length and meets the requirements of Section 3319.10.1 of the New York City Building Code. (11) Site Safety Coordinator. During the one (1) year immediately prior to renewal, the licensee must have successfully completed a Department-approved course that is at least eight (8) hours in length covering the site safety provisions of Chapter 33 of the New York City Building Code and related rules and regulations, as well as relevant safety precautions. (12) Site Safety Manager. During the one (1) year immediately prior to renewal, the licensee must have successfully completed a Department-approved course that is at least eight (8) hours in length covering the site safety provisions of Chapter 33 of the New York City Building Code and related rules and regulations, as well as relevant safety precautions. (c) Department-approved courses. The Department will approve continuing education courses pursuant to the requirements of 1 RCNY § 105-03. (d) Additional powers of the commissioner. The commissioner may, upon a determination of good cause, extend the dates and deadlines set forth in this rule. (Amended City Record 4/25/2017, eff. 5/25/2017; amended City Record 4/29/2024, eff. 5/29/2024 and 1/1/2025)

1 RCNY § 104-07 Suspension or Revocation.

§ 104-07 Suspension or Revocation. (a) Hearings concerning disciplinary proceedings pursuant to Administrative Code § 28-401.19 seeking suspension or revocation, with or without penalties, against any licensee or holder of a certificate[s] of competence issued by the Department shall be held before the Office of Administrative Trials and Hearings pursuant to 1 RCNY § 105-05 and shall be governed by the rules of procedure utilized at that tribunal. (b) Stop work and suspension of permits. Upon any suspension or revocation of a license, certificate of competence, approval or authorization, unless replaced by another licensee, certificate holder, approved agency, special inspector, or registered design professional within five (5) business days of such suspension or revocation, all open jobs on which the licensee, certificate holder, approved agency, special inspector, or registered design professional is designated shall be stopped and the permits shall be suspended until such time as another licensee, certificate holder, approved agency, special inspector, or registered design professional is designated or such permits expire. Where the Commissioner has summarily suspended a license or certificate of competence pursuant to Administrative Code § 28-401.19.1, all open jobs on which the licensee, certificate holder, approved agency, special inspector, or registered design professional is designated shall be stopped immediately and the permits shall be suspended immediately for the earlier of the duration of the suspension or until such time as another licensee, certificate holder, approved agency, special inspector, or registered design professional is designated or until such permits expire. (c) Conduct of hearing by office of administrative trials and hearings. The administrative law judge assigned to hear any matter specified in this rule shall submit his or her proposed findings of fact and recommended decision to the Commissioner. Where the Commissioner has summarily suspended a license or certificate of competence pursuant to Administrative Code § 28-401.19.1, at the conclusion of the hearing on the first return date, the administrative law judge may lift the suspension, finally determine the matter, or, if the administrative law judge finds that the summary suspension was appropriate, but that further hearings are necessary to make a final determination of the charges, the administrative law judge may make a finding as to the need for further hearings and continue the suspension pending such further hearings without need for issuance of a Commissioner's order.

1 RCNY § 104-08 Qualifications for Site Safety Manager and Site Safety Coordination Certificates.

§ 104-08 Qualifications for Site Safety Manager and Site Safety Coordination Certificates. (a) Site safety managers. The Department of Buildings shall issue a site safety manager certificate to an individual who shall have satisfied the requirements of section 28-402.2 of the Administrative Code. (1) A holder of a site safety manager certificate may not simultaneously hold an active site safety coordinator certificate. (2) For the purposes of satisfying the requirements of paragraph 3.8 of § 28-402.2, an acceptable 18 month on-the-job training program must be completed within two years prior to application and must meet the following criteria: (i) The buildings worked on must have been major buildings; and (ii) The work must have been site safety work performed under the direct supervision of a certified site safety manager. For purposes of this subdivision, direct supervision shall include daily training at the location specified in the monthly summaries in the presence of the supervising certified site safety manager; and (iii) The trainee must have worked on a paid and full-time basis; and (iv) Dated and notarized summaries must have been completed by the certified supervising site safety manager at the end of every month. Such summaries must specify the location and the precise nature of the construction activity the trainee was engaged in at the location for the month covered; and (v) The program must include at least four months of training in soil or foundation work, and at least four months of training in structural erection; and (vi) The supervising certified site safety manager may supervise a maximum of three trainees simultaneously. (b) Site Safety Coordinators. The Department of Buildings shall issue a site safety coordinator certificate to an individual who shall have satisfied the requirements of § 28-403.2 of the Administrative Code. (1) A holder of a site safety coordinator certificate may not simultaneously hold an active site safety manager certificate. (2) Applicants for a site safety coordinator certificate shall not be required to take an examination in order to qualify for the certificate. (3) The term of a site safety coordinator certificate issued to a new or renewal applicant is one (1) year, measured from the date the certificate is issued. (c) The term "major building" as used in this rule shall have the meaning given to it in section 202 of the New York City Building Code. (Amended City Record 7/15/2022, eff. 8/14/2022; amended City Record 4/29/2024, eff. 5/29/2024)

1 RCNY § 104-09 Hoisting Machine Operators.

§ 104-09 Hoisting Machine Operators. (a) Qualifications. In addition to the qualification requirements set forth in the Administrative Code, an applicant for a Hoisting Machine Operator license shall satisfy the following requirements: (1) Driver's license. An applicant for a Hoisting Machine Operator license shall possess a valid driver's license, without conditions or restrictions which the Department has determined may impact the safe operation of hoisting machinery, effective for the term of the Hoisting Machine Operator license sought. (2) Physical fitness. An applicant for a Hoisting Machine Operator license shall provide evidence on a form prescribed by the Commissioner that he or she meets the physical qualifications of Section 5-3.1.2(a) of ASME B 30.5-2021, and has passed a physical exam and a substance abuse test to verify such physical qualification. Such evidence shall include the name, address and telephone number of the laboratory that performed the tests and consent to the release by such laboratory of the test results to the Department upon request of the Department. (3) Certifications. An applicant for a hoisting machine operator license must provide copies of certifications required by subdivision (d) of this section. (4) Experience qualifications. In order to satisfy the experience qualifications as set forth in § 28-405.3 of the New York City Administrative Code, the experience must have been obtained in accordance with the following: (i) Class A license applicants. An applicant for a Class A Hoisting Machine Operator license must provide proof demonstrating that the three (3) years of experience required by § 28-405.3 of the New York City Administrative Code was acquired operating hoisting machines in New York City City in the presence of and under the direct supervision of a licensed Class A or Class B Hoisting Machine Operator in accordance with 1 RCNY § 104-23. The experience must have been obtained on hoisting machines of a type, size, and capacity authorized to be operated by a Class A licensed hoisting machine operator. At least two (2) years of the required three (3) years of experience must have been in the operation of mobile cranes with a manufacturer's rated capacity in excess of 50 tons (45.36 t) or in the operation of tower cranes, other than self-erecting tower cranes. The remaining year of experience can be on any type of mobile or tower crane, derrick, or rotating telehandler authorized to be operated by a Class A HMO licensee; this includes but is not limited to cranes with a capacity under 50 tons (45.36 t). (ii) Class C and limited hoisting machine operator license applicants. An applicant for a Class C or a Limited Hoisting Machine Operator license must provide proof demonstrating: (A) That at least one (1) year of the two (2) years of experience required by § 28-405.3 of the New York City Administrative Code was acquired in New York City in the operation of hoisting machines as specified for each license in Table 1, and that such operation was in connection with building or infrastructure construction, alteration, or demolition work, or the installation or removal of temporary structures or temporary construction installations, or the delivery or retrieval of materials, equipment, or other items to or from a building; but excluding work in industrial or commercial plants or yards; (B) That all experience obtained in New York City was acquired operating mobile or tower cranes or rotating telehandlers in the presence of and under the direct supervision of a New York City licensed Hoisting Machine Operator in accordance with 1 RCNY § 104-23; and (C) That experience obtained outside of New York City was acquired in the United States operating mobile or tower cranes or rotating telehandlers in the presence of and under the direct supervision of a hoisting machine operator licensed, registered, or certified in good standing to operate such equipment within the relevant jurisdiction. Applicants who are duly licensed, registered, or certified in good standing to operate the equipment in the relevant jurisdiction for which the experience is being credited may credit self-supervision toward this requirement. Exceptions: 1. Where the applicant already possesses a New York City Limited Hoisting Machine Operator license, such possession is deemed to satisfy one (1) year of the required two (2) years of experience. Such applicants need only comply with clauses (A) and (B) of this subparagraph. 2. Applicants for a Limited Hoisting Machine Operator license for the equipment for which such license is sought and obtained may credit experience earned in New York City operating an articulating boom crane, mini crane, or rotating telehandler neither in the presence nor under the direct supervision of a New York City licensed Hoisting Machine Operator, provided, however, that such experience was earned prior to November 7, 2024 and no more than three (3) years prior to the date of application for licensure, and provided further that such operation was performed in connection with building or infrastructure construction, alteration, or demolition work, or the installation or removal of temporary structures or temporary construction installations, or the delivery or retrieval of materials, equipment, or other items to or from a building, but excluding work in industrial or commercial plants or yards. Such experience will be credited as satisfying the provisions of clause (A) of this subparagraph at a rate of 125 hours of operator experience equaling one month of experience. Where the operator has in excess of 1,500 hours of qualifying experience, the remainder of the experience will be credited towards satisfying the second year of experience required by § 28-405.3 of the New York City Administrative Code at a rate of 125 hours of operator experience equaling one month of experience. Proof of such experience shall be documented in the form of an affidavit provided by the department and signed by the applicant and the applicant’s employer or union. However, the department may decline to credit such experience to any individual who defaulted on or has been found liable for unsafe operation of a crane or telehandler after proceedings before the environmental control board or in an adjudication in criminal court, if such default or judgment occurred within the five (5) years preceding such application. The department may also delay a determination under this exception for any applicant against whom there is an open violation for the unsafe operation of a crane or telehandler issued within the five (5) years preceding such application. Applicants subject to this exception may be asked by the department to submit proof, in addition to the affidavit described above, in support of their operating record. Table 1: Specific experience requirements for HMO C and limited license applicants License Type Required one (1) year of experience in NYC Class C license Wheel mounted cranes, other than telehandlers, with a telescoping boom, including jibs and any other extensions to the boom, not exceeding 200 feet (60.96 m) in length and with a manufacturer’s rated capacity in excess of 3 tons (2.72 t). Limited license for articulating boom cranes An articulating boom crane, including jibs and any other extensions to the boom, not exceeding 200 feet (60.96 m) in length and with a manufacturer’s rated capacity in excess of 1 ton (0.91 t) attached to a commercial truck chassis. Limited license for boom trucks Boom trucks with a telescoping boom, including jibs and any other extensions to the boom, not exceeding 200 feet (60.96 m) in length and with a manufacturer’s rated capacity in excess of 3 tons (2.72 t). Limited license for mini cranes Mobile cranes, other than boom trucks or telehandlers, with a telescoping boom, including jibs and any other extensions to the boom, not exceeding 50 feet (15.240 m) in length and with a manufacturer’s rated capacity of 3 tons (2.72 t) or less. Limited license for sign hanging cranes Boom trucks with a telescoping boom, including jibs and any other extensions to the boom, not exceeding 135 feet (41.148 m) in length and with a manufacturer’s rated capacity of 3 tons (2.72 t) or less, used exclusively for the erection, maintenance, or removal of signs. Limited license for telehandlers Wheel mounted rotating telehandlers with a telescoping boom, including jibs and any other extensions to the boom, not exceeding 200 feet (60.96 m) in length and with a manufacturer’s rated capacity in excess of 3 tons (2.72 t). (iii) Limited license alternate pathway. Individuals who submit an application for a Limited Hoisting Machine Operator license for articulating boom cranes, mini cranes, or telehandlers on or before November 6, 2024, may, in lieu of the requirements set forth in subparagraph (ii) of this paragraph, provide proof in the form of an affidavit provided by the department and signed by the applicant and the applicant’s employer or union, attesting that the applicant: (A) for a limited license for articulating boom cranes has obtained 1,500 hours of experience on or after January 1, 2019, operating, in New York City, articulating boom cranes attached to a commercial truck chassis, with the operation performed in connection with building or infrastructure construction, alteration, or demolition work, or the installation or removal of temporary structures or temporary construction installations, or the delivery or retrieval of materials, equipment, or other items to or from a building; but excluding work in industrial or commercial plants or yards; (B) for a limited license for mini cranes, has obtained 1,500 hours of experience on or after January 1, 2019, operating, in New York City, mobile cranes, other than boom trucks or telehandlers, with a telescoping boom, including jibs and any other extensions to the boom, not exceeding 50 feet (15.24 m) in length with a manufacturer’s rated capacity of 3 tons (2.72 t) or less, with the operation performed in connection with building or infrastructure construction, alteration, or demolition work, or the installation or removal of temporary structures or temporary construction installations, or the delivery or retrieval of materials, equipment, or other items to or from a building; but excluding work in industrial or commercial plants or yards; or (C) for a limited license for a telehandler, has obtained 1,500 hours of experience on or after January 1, 2019, operating, in New York City, rotating telehandlers, with the operation performed in connection with building or infrastructure construction, alteration, or demolition work, or the installation or removal of temporary structures or temporary construction installations, or the delivery or retrieval of materials, equipment, or other items to or from a building; but excluding work in industrial or commercial plants or yards. Exception: The department may decline to issue a Limited Hoisting Machine Operator pursuant to this subparagraph to any individual who defaulted on or has been found liable for unsafe operation of a crane or telehandler after proceedings before the environmental control board or in an adjudication in criminal court, if such default or judgment occurred within the five (5) years preceding such application. The department may also delay a determination under this subparagraph for any applicant against whom there is an open violation for the unsafe operation of a crane or telehandler issued within the five (5) years preceding such application. Applicants subject to this exception may be asked by the department to submit proof, in addition to the affidavit described above, in support of their operating record. (5) Outrigger setup. For a Class A, Class C, or Limited Hoisting Machine Operator license, the qualifying experience as specified in subparagraphs (i) and (ii) of paragraph (4) of this subdivision shall include outrigger placement incorporating at least one hundred (100) crane set-ups. In no case shall qualifying set-ups be obtained on a crane that has a boom, including jibs and any other extensions to the boom, exceeding 200 feet (60.96 m) in length, unless the boom and all its attachments are fully retracted or stowed according to the manufacturer’s specifications. Such set-ups must occur at a jobsite, crane yard, training center, or other location acceptable to the commissioner, and must be witnessed by a New York City licensed Hoisting Machine Operator. However, the witnessing licensee may only witness outrigger placement on equipment which their New York City license authorizes them to operate. (i) Class A license applicants. For a Class A Hoisting Machine Operator license, at least 25 of the set-ups must have occurred on mobile cranes with a manufacturer’s rated capacity in excess of 50 tons (45.36 t). Where an applicant for a Class A Hoisting Machine Operator license already possesses a Class C Hoisting Machine Operator license, the requirement for the remaining 75 set-ups is waived. (ii) Class C license applicants. For a Class C Hoisting Machine Operator license, at least 25 of the set-ups must have occurred on the type of machinery specified Table 1 for the Class C license. Where an applicant for a Class C Hoisting Machine Operator license already possesses a Limited Hoisting Machine Operator license, the requirement for the remaining 75 set-ups is waived. (iii) Limited license applicants. For a Limited Hoisting Machine Operator license, at least 25 of the set-ups must have occurred on the type of machinery specified Table 1 for the type of limited license sought. Where an applicant for a Limited Hoisting Machine Operator license already possesses a different Limited Hoisting Machine Operator license, the requirement for the remaining 75 set-ups is waived. (6) Additional qualification requirements. In addition to the qualification requirements set forth in the Administrative Code and in this subdivision (a), all Hoisting Machine Operator license applicants must, during the one (1) year immediately prior to application, complete a training course that is at least forty (40) hours in length, approved by the Department, covering those provisions of local law and regulation that are unique to New York City for the operation of a hoisting machine and the unique hazards of operating a hoisting machine within New York City. Exception: Individuals who submit an application for a Limited Hoisting Machine Operator license for articulating boom cranes, mini cranes, or telehandlers on or before November 6, 2024, need only complete a training course that is at least eight (8) hours in length, approved by the Department, covering those provisions of local law and regulation that are unique to New York City for the operation of a hoisting machine and the unique hazards of operating a hoisting machine within New York City. Such course must have been completed during the two (2) years immediately prior to application. (b) Fitness requirements for renewal. As a condition of license renewal, a licensed or previously licensed Hoisting Machine Operator shall provide evidence of fitness to perform the work authorized to be performed by a holder of the license held or once held by the applicant. Such evidence shall consist of: (1) Physical fitness. Evidence on a form prescribed by the Commissioner that the licensee meets the physical qualifications of Section 5-3.1.2(a) of ASME B 30.5-2021, and has passed a physical exam and a substance abuse test to verify such physical qualification. Such evidence shall include the name, address and telephone number of the laboratory that performed the tests and consent to the release by such laboratory of the test results to the Department upon request of the Department. (2) Certifications. Copies of certifications as required by subdivision (d) of this section. (3) Driver's license. A renewal applicant shall possess a valid driver's license, without conditions or restrictions which the Department has determined may impact the safe operation of hoisting machinery, effective for the term of the renewal sought. (4) Renewal. A renewal applicant shall satisfy the requirements of this rule at every subsequent renewal. (c) Additional limited hosting machine operator licenses. The following additional Limited Hoisting Machine Operator licenses are hereby established. (1) Limited license for telehandlers. Limited license to operate wheel mounted telehandlers (non-rotating (“fixed”) or rotating) with a telescoping boom, including jibs and any other extensions to the boom, not exceeding 200 feet (60.96 m) in length with a manufacturer’s rated capacity of 50 tons (45.36 t) or less. (d) Certifications for a hoisting machine operator license. Where a certification for the operation of a type of hoisting machine has been established by Table 2 of this subdivision, no licensed hoisting machine operator may operate such type of machinery until the licensee possesses a certification for that type of hoisting machine and such certification has been listed on the hoisting machine operator's license by the department. Exception: The licensee is operating the hoisting machine as a learner in accordance with 1 RCNY § 104-23. (1) Certifications to be acceptable and accredited. The certification must be acceptable to the commissioner and be issued by a hoisting machine operator certification program that is accredited by the National Commission for Certifying Agencies (NCCA) or the American National Standards Institute (ANSI) for the specific type of hoisting machine to be operated. (2) Licensee to inform department of changes to certification. The licensed hoisting machine operator must immediately notify the department if a certification identified in Table 2 of this subdivision and held by the licensee is suspended, revoked, not renewed, or otherwise lapses. The licensed hoisting machine operator must provide a copy of re-certifications and new certifications identified in Table 2 of this subdivision to the department within 30 days. (3) Friction cranes or derricks. No person who holds a Class A or Class C hoisting machine operator license may operate a friction crane or a friction derrick, or supervise the operation of a learner on a friction crane or a friction derrick, until the licensee has passed at least one of the practical certification exams listed in Table 2 on a friction crane, and such authorization to operate a friction crane or a friction derrick has been listed on the hoisting machine operator's license by the department. For a Hoisting Machine Operator Class B applicant, one of the practical certification exams must, in accordance with the requirements of Table 2 of this subdivision, be on a friction crane. In addition, no person who holds a Limited Hoisting Machine Operator License may operate a friction crane or friction derrick, or supervise the operation of a learner on a friction crane or a friction derrick. (4) Derricks. No licensed hoisting machine operator may operate a derrick, or supervise the operation of a learner on a derrick, unless the licensee possesses a tower crane certification, and such certification has been listed on the hoisting machine operator's license by the department. Table 2: Certifications by licensing class 1 Certification Hoisting machine operator licensing class A B C NCCCO Telescopic Boom Crane - Fixed Cab Required Required Required NCCCO Telescopic Boom Crane - Swing Cab Required Required Required NCCCO Lattice Boom Crane 2 Required Required NCCCO Tower Crane Additional Required NCCCO Articulating Boom Crane - or - NCCCO Boom Crane w/Winch - or - NCCCO Articulating Boom Loader 3 Additional Additional Additional NCCCO Dedicated Pile Driver Additional Additional Additional NCCCO Rotating Telehandler 4 Additional Additional Additional Table 2 (cont.): Certifications by licensing class 1 Certification Hoisting machine operator licensing class Limited articulating boom crane Limited boom truck Limited mini crane Limited sign hanger Limited telehandler NCCCO Telescopic Boom Crane - Fixed Cab Required 5 Required 6 Required 5 NCCCO Telescopic Boom Crane - Swing Cab NCCCO Lattice Boom Crane 2 NCCCO Tower Crane NCCCO Articulating Boom Crane - or - NCCCO Boom Crane w/Winch - or - NCCCO Articulating Boom Loader 3 Required Additional Additional Additional NCCCO Dedicated Pile Driver NCCCO Rotating Telehandler 4 Additional Required Legend to Table 2: • “NCCCO” means “National Commission for the Certification of Crane Operators.” • "Required" means must possess. • "Additional" means not mandated, but required if licensee intends to operate listed type of hoisting machinery. • Blank indicates not authorized for the class of license, except where otherwise indicated by footnote 1. Footnotes to Table 2: 1 Individuals may only operate equipment within the scope of their license, even if a certification authorizes operation of a broader class of equipment. 2 For a Hoisting Machine Operator Class B applicant, the practical certification exam for the lattice boom crane must be on a friction crane. 3 Individuals are not permitted to operate machinery exceeding the scope of their certification, even if such machinery is within the scope of their license. 4 Individuals who hold a “Rotating Telehandler” certification are authorized to operate a non-rotating (“fixed”) telehandler and need not separately hold a “Fixed Telehandler” certification. 5 Licensees who prior to the effective date of this subdivision hold a certification for a “Boom truck” must provide a certification for “NCCCO Telescopic Boom Crane - Fixed Cab” upon renewal of their license. 6 For a Limited Hoisting Machine Operator License for a mini crane, a certification from the National Center for Construction Education and Research (“NCCER”) that authorizes the operation of a telescopic boom is acceptable in lieu of a NCCCO certification for a “Telescopic Boom Crane - Fixed Cab”. (e) Additional requirements. The provisions of this rule shall be in addition to the qualification and renewal requirements prescribed by Articles 401 and 405 of Title 28 of the Administrative Code. (f) Obligation to keep documents. In addition to any other documents required to be maintained on site by a licensed Hoisting Machine Operator, such Operator shall have on site at all times the following documents: (1) The certification(s) issued to him or her by the certifying entity; and (2) The hoisting machine operator license issued to him or her by the Department. (g) Additional powers of the commissioner. The commissioner may, upon a determination of good cause, extend the dates and deadlines set forth in this rule. (h) Ratings for class B licensed hoisting machine operators. In addition to satisfying the requirements as set forth in subdivisions (a) through (g) of this section, Class B Licensed Hoisting Machine Operators must possess one or more ratings when required by § 28-405.2 of the Administrative Code. (1) Prerequisites to obtain rating. To apply for a rating the Class B Licensed Hoisting Machine Operator must demonstrate to the satisfaction of the Commissioner that he or she has successfully completed, during the one (1) year immediately prior to the application to add such rating, for the make and model of hoisting machine for which the rating is sought, the following, for the make and model of hoisting machine for which the rating is sought, the following: (i) A course of at least 8 hours in length that meets the following requirements: (A) The course must be conducted by the manufacturer of the hoisting machine, an entity authorized by the manufacturer of the hoisting machine, a registered New York State Department of Labor apprenticeship training program, an educational institution or school chartered by the New York State Department of Education, or an entity acceptable to the Commissioner. (B) The course must be presented by an instructor who has been trained by the manufacturer of the hoisting machine. (C) The course must, at a minimum, include instruction on the following topics: 1. The controls of the hoisting machine, including differences in controls based on operation mode; 2. The computer systems of the hoisting machine, including setup of the computer to match the configuration of the hoisting machine; 3. Operational aids and safety devices of the hoisting machine; 4. Wind and weather restrictions for the hoisting machine, including differences based on configuration, with emphasis on requirements when set up in configurations with a boom or boom/jib combination greater than 300 feet (91.44 m) in length; and 5. The procedures to boom-up, jackknife, and laydown the boom or boom/jib combination of the hoisting machine, including differences based on configuration, with emphasis on requirements when set up in configurations with a boom or boom/jib combination greater than 300 feet (91.44 m) in length. (D) Instruction on makes and models of hoisting machines deemed by the Commissioner to be substantially equivalent may be included in the course. (ii) A practical exam that meets the following requirements: (A) The practical exam must be witnessed by a Class B Licensed Hoisting Machine Operator who must attest to the department that the hoisting machine operator who took the exam successfully passed the exam. (B) The practical exam must be visually recorded. The record must be made available to the department upon request and must be maintained for a period of three (3) years by the entity that conducted the course required by subparagraph (i) of this paragraph, or, where such entity does not conduct the exam, by the Class B Licensed Hoisting Machine Operator who witnessed the exam. (C) The exam must be conducted on one of the following: 1. On the hoisting machine configured with a boom or boom/jib combination greater than 300 feet (91.44 m) in length, and with the hoisting machine set back from all areas accessible to the public; or 2. On a simulator acceptable to the Commissioner. At a minimum, the simulator must be capable of recreating the controls and operating characteristics of the hoisting machine. During the exam, the simulator must recreate the hoisting machine in a configuration with a boom or boom/jib combination greater than 300 feet (91.44 m) in length. (D) The practical exam must assess the candidate on the following: 1. Knowledge of the hoisting machine's controls, including operational modes where the controls may be reversed; and 2. For a crane with a luffing jib, ability to raise, jackknife, and laydown the boom with the luffing jib attached; or 3. For a crane with a telescoping boom, ability to extend or retract the boom with an attached jib. (2) Substantially equivalent hoisting machines. A hoisting machine operator who already possesses a rating may, in lieu of satisfying the requirements of paragraph (1) of this subdivision, receive additional ratings if the commissioner deems the additional makes and models of hoisting machines to be substantially equivalent to a hoisting machine for which the hoisting machine operator already possesses a rating. For a hoisting machine to be deemed substantially equivalent, it must, at a minimum, be manufactured by the same manufacturer and possess the same carrier type. (3) Renewal of ratings. Ratings expire at the same time as the underlying Class B Hoisting Machine Operator license unless they are renewed at the same time the underlying license is renewed. A rating will be considered to be renewed if the licensee demonstrates to the satisfaction of the Commissioner that he or she has successfully complied, during the preceding term of the license, with the course and examination requirements of paragraph (1) of this subdivision, or as applicable, with paragraph (2) of this subdivision. (i) Multiple limited licenses. An individual may possess multiple Limited Hoisting Machine Operator licenses. (Amended City Record 1/31/2017, eff. 3/2/2017; amended City Record 12/6/2017, eff. 1/5/2018; amended City Record 4/4/2018, eff. 5/4/2018 & 10/4/2018; amended City Record 6/23/2020, eff. 7/23/2020; amended City Record 4/29/2024, eff. 5/29/2024; amended City Record 6/25/2024, eff. 7/25/2024; amended City Record 8/21/2025, eff. 9/20/2025)

1 RCNY § 104-10 Riggers.

§ 104-10 Riggers. (a) Qualifications. In addition to the qualification and examination requirements of the Administrative Code, an applicant for the following types of rigger licenses shall satisfy the following requirements: (1) Fitness. An applicant for a Master, Special or Climber or Tower Crane Rigger license shall provide evidence of fitness to perform the work authorized by the license. Such evidence shall be on a form prescribed by the Commissioner and shall establish that the applicant has passed a physical exam that complies with subdivision (c) of this section, and that the applicant has complied with the substance abuse testing provisions and standards of subdivision (c) of this section. Such evidence shall include the name, address and telephone number of the laboratory that performed the tests and consent to the release by such laboratory of the test results to the Department upon request of the Department. [ (2) Additional requirements. [ (i) Where a licensed master rigger chooses to personally supervise the installation or use of a suspended scaffold, the licensee shall have completed all additional training required by section 3314.4.5.3 of the New York City Building Code. (ii) Where a licensed master rigger chooses to personally supervise the assembly, jump, or disassembly of a climber/tower crane, the licensee shall have completed all additional training required by section 3319.10 of the New York City Building Code. (iii) Where a licensed special rigger chooses to personally supervise the installation or use of a suspended scaffold, the licensee shall have completed all additional training required by section 3314.4.5.3 of the New York City Building Code. (b) Fitness requirements for renewal. As a condition of license renewal, a licensed or previously licensed Master, Special or Tower crane rigger shall provide evidence of fitness to perform the work authorized to be performed by a holder of the license held or once held by the applicant. Evidence shall be on a form prescribed by the Commissioner and shall establish that the applicant has passed a physical exam that complies with subdivision (c) of this section, and that the applicant has received a negative result for a substance abuse test as required in subdivision (c) of this section. Such evidence shall include the name, address and telephone number of the laboratory that performed the tests and consent to the release by such laboratory of the test results to the Department upon request of the Department. A renewal applicant shall satisfy the requirements of this rule at every subsequent renewal. [ (c) Physical exam. Applicants for a Master, Special or Tower Crane Rigger license shall meet the following physical qualifications, unless it can be shown that failure to meet the qualifications will not affect the ability to perform the work authorized to be performed by a holder of the license sought. In such cases, specialized clinical or medical judgments and tests may be required. The following physical qualifications shall be met at all times throughout the term of the license. [ (1) Vision of at least 20/30 Snellen in one eye and 20/50 in the other, with or without corrective lenses. (2) Ability to distinguish colors, regardless of position, if color differentiation is required to perform the work authorized to be performed by the license. (3) Adequate hearing to meet operational demands, with or without hearing aid. (4) Sufficient strength, endurance, agility, coordination, and speed of reaction to meet job demands. (5) Normal depth perception, field of vision, reaction time, manual dexterity, coordination, and no tendencies to dizziness or similar undesirable characteristics. (6) A negative result for a substance abuse test. (7) No evidence of having physical defects or emotional instability that could create a hazard for the rigger or others, or that in the opinion of the examiner could interfere with the rigger's performance. (8) No evidence of being subject to seizures or loss of physical control. (d) Certifications for master riggers. Individuals who, on or after November 7, 2022, apply for a new master rigger license, or apply to renew a master rigger license whose initial application for licensure was filed on or after November 7, 2022, must provide copies of certifications required by Table 1. [ (1) Required certifications must be maintained throughout the duration of the term of the license; [ (2) The licensee must immediately notify the department if a certification identified in Table 1 of this subdivision and held by the licensee is suspended, revoked, not renewed, or otherwise lapses; and [ (3) The licensee must provide a copy of re-certifications and new certifications identified in Table 1 of this subdivision to the department within 30 days. [ Table 1: Certifications for Master Riggers [ Certification Requirement NCCCO Rigger Level II Required NCCCO Lift Director - Mobile Cranes Required NCCCO Lift Director - Tower Cranes Additional Legend to Table 1: [ • “NCCCO” means “National Commission for the Certification of Crane Operators.” [ • “Required” means must possess. [ • “Additional” means not mandated but required if licensee intends to serve as a lift director for the type of crane specified. [ (Amended City Record 12/7/2023, eff. 1/6/2024) [

1 RCNY § 104-11 Welders.

§ 104-11 Welders. (a) Qualifications. An applicant for a welder license shall satisfy the qualification and examination requirements of the Administrative Code by complying with the following requirements: (1) Applicants shall furnish to the Department a welder certification issued by the American Welding Society or the State of New York. The applicant shall provide to the Department a copy of the certification, a copy of future re-certifications and documentation of new certifications acquired. The applicable certification shall be maintained continuously for the duration of the license term and shall authorize performance of the type of welds the licensee performs. (2) Applicants shall provide evidence of fitness to perform the work authorized to be performed by a holder of the license sought. Such evidence shall consist of documentation on a form prescribed by the Department that the applicant has passed a visual acuity test effective for the term of the license sought. (b) Fitness requirements for renewal. As a condition of license renewal, a licensed or previously licensed welder must provide evidence of fitness to perform the work authorized to be performed by a holder of the license held or once held by the licensee. Such evidence shall consist of: (1) A welder certification issued by the American Welding Society or the State of New York. The licensed or previously licensed welder shall provide to the Department a copy of the certification, a copy of future re-certifications and documentation of new certifications acquired. The applicable certification shall be maintained continuously for the duration of the license term and shall authorize performance of the type of welds the licensee performs. (2) Documentation on a form prescribed by the Department that the licensee has passed a visual acuity test effective for the term of the license held or once held by the licensee. (3) A renewal applicant shall satisfy the requirements of this subdivision at every subsequent renewal. (Amended City Record 4/29/2024, eff. 5/29/2024)

1 RCNY § 104-12 Gas Work Qualification.

§ 104-12 Gas Work Qualification. (a) Requirement. Beginning January 1, 2020, no person may perform gas work, as defined in § 28-423.1 of the Administrative Code, unless such person satisfies one of the following: (1) Is a licensed master plumber; or, (2) Holds a gas work qualification pursuant to this section and is working under the direct and continuing supervision of a licensed master plumber; or, (3) Holds a limited gas work qualification pursuant to this section and is performing such work under the personal and immediate supervision of either a person who holds a gas work qualification pursuant to this section, or a licensed master plumber. (4) For purposes of this section, the term "direct and continuing supervision" shall have the same meaning as set forth in § 28-401.3 of the Administrative Code. (5) For purposes of this section, the term "personal and immediate supervision" shall mean responsible continuous control exercised by a licensed master plumber or a person who holds a gas work qualification, who is present on site, over a person who holds a limited gas work qualification who is performing the actual gas work in the direct employ of a licensed master plumber. (i) Such supervision shall be evidenced by the supervising individual's signature, and seal where applicable, upon any required statements, certifications, applications and/or permits and by demonstrating involvement of the supervising individual in the operations of the business, including but not limited to hiring of employees, responsibility for financial matters, and oversight of work performance. (ii) The term "direct employ" shall have the same meaning as set forth in § 28-401.3 of the Administrative Code. (b) Applications for a gas work qualification. (1) Application and fee. Applicants must submit to the Department, in a form and manner determined by the commissioner, an application accompanied by all required documentation and, if applicable, an application fee as specified in 1 RCNY § 101-03. No application fee is required for a gas work qualification, provided that the applicant is, at the time of filing, a registered journeyman plumber or is concurrently applying for registration as a journeyman plumber pursuant to Article 409 of Chapter 4 of Title 28 of the Administrative Code. (2) Examination. Applicants must submit to the Department acceptable documentation establishing satisfactory proof that such applicant has successfully passed a Department-sponsored gas work qualification examination. (i) Applicants must apply for the examination by submitting an examination application, in a form and manner determined by the commissioner, to the Department's Licensing & Exams Unit or its designee. The examination application must be accompanied by an examination fee as specified in 1 RCNY § 101-03. Applicants reapplying to take such examination, including after a failure, must do so in accordance with the requirements in this paragraph. (ii) Applicants have six (6) months from the date of submission of the examination application to take the examination. (iii) Applicants who fail the examination must wait at least fourteen (14) days before reapplying to take the examination. Each time an applicant wishes to take the examination, including after a failure, the applicant must reapply to the Department and pay the required fee as specified in 1 RCNY § 101-03. Applicants may take the examination no more than three (3) times within a six (6) month period. Applicants who fail the examination three (3) times within six (6) months must wait six (6) months from the date of the third failed examination before reapplying to take such examination. (3) Experience and education. Applicants must submit to the Department acceptable documentation establishing satisfactory proof of one or more of the following: (i) Applicant is a registered journeyman plumber pursuant to Article 409 of Chapter 4 of Title 28 of the Administrative Code; (ii) Applicant has successfully completed an apprenticeship in plumbing program approved by the New York State Department of Labor and has at least one (1) year of full-time experience performing or supervising plumbing work under the direct and continuing supervision of a licensed master plumber; or, (iii) Applicant has at least five (5) years of full-time experience performing or supervising plumbing work under the direct and continuing supervision of a licensed master plumber, provided that at least one (1) year of such experience must have occurred within the City of New York. (c) Applications for a limited gas work qualification. (1) Application and fee. Applicants must submit to the Department, in a form and manner determined by the commissioner, an application accompanied by all required documentation and an application fee as specified in 1 RCNY § 101-03. (2) Experience. Applicants must submit to the Department acceptable documentation establishing satisfactory proof that such applicant has at least six (6) months of full-time experience performing plumbing work under the direct and continuing supervision of a licensed master plumber. (3) Education. Applicants must submit to the Department acceptable documentation establishing satisfactory proof of one or more of the following: (i) Successful completion of a Department-sponsored gas work training course of not less than sixteen (16) hours of instructional time; or, (ii) Applicant's status as an apprentice in plumbing registered in an apprenticeship program approved by the New York State Department of Labor. (d) Documentation of education, training and experience submitted with the application. Applicants must submit to the Department acceptable documentation evidencing all claimed education, training and experience required by this section. For verification of such claimed education, training and experience, the Department may require additional supporting documentation satisfying the requirements set forth in Subdivision (e) of 1 RCNY § 104-01. (e) Gas work and limited gas work qualification cards. (1) Upon issuance of a notice of approval, the Department shall issue a "Gas Work Qualification Card" to applicants who have satisfied all the requirements for a gas work qualification pursuant to this section. (i) Demonstration of gas work qualification while engaged in gas work. The gas work qualification card and a government issued photo identification card must be carried by the qualified individual at all times while engaged in any gas work, as defined in § 28-423.1 of the Administrative Code, and must be presented upon the demand of any authorized enforcement officer. (2) Upon issuance of a notice of approval, the Department shall issue a "Limited Gas Work Qualification Card" to applicants who have satisfied all the requirements for a limited gas work qualification pursuant to this section. (i) Demonstration of limited gas work qualification while engaged in gas work. The limited gas work qualification card and a government issued photo identification must be carried by the qualified individual at all times while engaged in any gas work, as defined in § 28-423.1 of the Administrative Code, and must be presented upon the demand of any authorized enforcement officer. (f) Expiration and renewal. (1) Gas work qualification. A gas work qualification will not expire and does not require renewal. (2) Limited gas work qualification. A limited gas work qualification will expire five (5) years after the date of issuance and may not be renewed. (Added City Record 11/7/2019, eff. 12/7/2019)

1 RCNY § 104-13 Elevator Agency Directors, Elevator Agency Inspectors, Elevator Agency Technicians and Restricted Elevator Agency Technicians and Elevator Helpers.

§ 104-13 Elevator Agency Directors, Elevator Agency Inspectors, Elevator Agency Technicians and Restricted Elevator Agency Technicians and Elevator Helpers. (a) New York State elevator license required. In addition to the licenses issued pursuant to Articles 421, 422, 425 and 426 of Title 28 of the Administrative Code, the applicable license issued by the New York State Department of Labor pursuant to Article 33 of the state labor law is required in order to perform elevator work as defined in § 28-401.3 of the Administrative Code. (b) Permit applications. No application for an elevator work permit shall be accepted by the Department unless the applicant possesses a valid New York state license, as described in subdivision (a). (c) Permit expiration. Elevator work permits expire upon the expiration or revocation of the required state license during the term of the permit. (d) Inspection and test reports. No required elevator inspection or test reports shall be accepted by the Department unless the elevator agency inspector possesses a valid New York state license, as described in subdivision (a). (e) Qualifications. Elevator agency technicians, restricted elevator agency technicians and elevator helpers must meet all applicable qualifications and license requirements in Chapter 4 of Title 28 of the Administrative Code. (Added City Record 3/4/2022, eff. 4/3/2022)

1 RCNY § 104-20 Supervisory Responsibilities of a Licensed Rigger.

§ 104-20 Supervisory Responsibilities of a Licensed Rigger. (a) Applicability. This section shall apply to all rigging work performed by or under the direct and continuing supervision of a licensed rigger pursuant to § 28-404.1 of the Administrative Code. (b) Definitions. (1) For the purposes of this section, the term "critical pick" shall have the same meaning as set forth in Chapter 2 of the Building Code. (2) For the purposes of this section, the term "direct and continuing supervision" shall have the same meaning as set forth in § 28-401.3 of the Administrative Code. (3) For the purposes of this section, the term "registered design professional" shall have the same meaning as set forth in § 28-101.5 of the Administrative Code. (4) For the purposes of this section, the term "rigging foreman" shall mean an individual designated by a licensed rigger in accordance with subdivision (i) of this section. Such person shall have the qualifications set forth in subdivision (h) of this section. The term shall also refer to "suspended scaffold foreman" where such term is used in Chapter 2 of the Building Code. (c) Planning. Except where the design prepared by a registered design professional is authorized by Chapter 33 of the Building Code or as otherwise specifically provided in paragraph (2) of subdivision (g) of this section, the licensee must personally plan the equipment set-up and operation of all rigging operations. This responsibility may not be delegated. (d) Supervision of rigging operations other than critical picks and tower crane erection, jumping, climbing or dismantling. Except as otherwise provided in subdivision (e) of this section, the licensee need not be personally on site during rigging operations provided that a rigging foreman designated by the licensee pursuant to subdivision (i) of this section is continuously on site and that such rigging foreman performs and/or manages the work under the off-site supervision of the licensee as follows: (1) the licensee and the rigging foreman at the work site are in frequent and direct contact with each other during the course of the rigging operation; (2) for work involving the use of cranes, derricks, work platforms, suspended scaffolds, or other rigging setup where the safe founding or support of such equipment is a cause of concern (i.e. placed atop sidewalks, roadways or yards where vaults or other subsurface structures exist; or where the person performing a suspended scaffold inspection in accordance with Section 3314.4.3.1 or 3314.4.3.2 of the Building Code has identified a concern, etc.), the licensee personally visits the work site to inspect and approve the rigging equipment founding and setup prior to commencement of rigging operations and each time the founding or support changes; (3) the licensee is readily available to provide on-site supervision should the need arise; and, (4) the rigging foreman has in his or her possession at the work site the "Designated Foreman Card" issued by the department pursuant to subdivision (j) of this section, which shall be presented upon the demand of any authorized enforcement officer. (e) Supervision of critical picks and tower crane erection, jumping, climbing, or dismantling. The licensee must be continuously on site during critical picks and tower crane erection, jumping, climbing, or dismantling, and must personally perform or personally supervise all such work. Off-site supervision of such work is not permitted. (f) Rigging Crew. Except as otherwise provided in subdivision (g) of this section, all members of the rigging crew must be under the direct and continuing supervision of the licensee. (1) For work conducted by a master rigger, other than the erection, jumping, or dismantling of a tower crane, the master rigger must provide a letter, signed and dated by the licensee, attesting that all members of the rigging crew are under the direct and continuing supervision of the licensee. The letter must be maintained at the site by the master rigger and made available to the commissioner upon request. In addition, where the work requires a certificate of on-site inspection or a permit, including but not limited to an on-site waiver, the letter must be submitted with the application for the certificate of on-site inspection or permit, and the plans for the certificate of on-site inspection or permit must be stamped or otherwise clearly marked, in a format acceptable to the commissioner, indicating the work will be performed under the direct and continuing supervision of the master rigger. (2) For the erection, jumping, or dismantling of a tower crane, the master or tower crane rigger must provide a letter, signed and dated by the licensee, attesting that all members of the “jumping” crew are under the direct and continuing supervision of the licensee. The letter must be submitted as part of the plan required by Section 3319.8.1 of the New York City Building Code. (g) Specialty Crew. Notwithstanding the provisions of § 28-401.17 of the Administrative Code, where rigging work is best handled by or requires crews of a specialty trade (e.g. handling hazardous materials or chemicals such as asbestos, or tower crane erection, jumping, climbing, or dismantling) the licensee and/or a rigging foreman designated by such licensee may perform or supervise work on behalf of a person, partnership, corporation or business association engaged in such specialty trade by making an application on a form provided by the department subject to the following conditions: (1) the department must approve the licensee's application for such proposed rigging operation; (2) the licensee must either plan the equipment setup and operation or be an active participant of the planning team; (3) for loads of two thousand pounds or more, for all critical picks, and for tower crane erection, jumping, climbing, or dismantling, the licensee must provide continuous on-site personal supervision to the rigging crew; (4) for loads below two thousand pounds and which are not critical picks, or which are not related to tower crane erection, jumping, climbing, or dismantling, the licensee need not be on site if a rigging foreman designated by such licensee is continuously on site. The rigging foreman shall manage the work under the off-site supervision of the licensee in accordance with the conditions set forth in subdivision (d) of this section; (5) the licensee and/or his or her designated rigging foreman must have full authority to examine rigging hardware, to approve rigging setups, to mandate changes and to stop the job; (6) the licensee is responsible for all aspects of rigging safety on the job; and (7) the licensee shall confirm that members of the specialty crew are insured to the minimum requirements specified in § 28-401.9 of the Administrative Code and are covered by worker's compensation under the specialty crew's employer. (h) Qualifications for designation as a rigging foreman. (1) An individual designated as a rigging foreman by a licensed special or master rigger shall: (i) be an employee on the payroll and covered by the worker's compensation insurance of the licensee or the business association of the licensee; (ii) be at least 18 years of age; (iii) be able to read and write English; (iv) be able to identify critical picks; (v) be familiar with the relevant sections of Chapter 33 of the Building Code, OSHA safety standards as contained in 29 C.F.R. Part 1926, and industry safety practices; (vi) have been trained to react properly to mechanical malfunctions or adverse weather; and (vii) be able to evaluate the fitness of the rigging crew, including, where applicable, the issuance of a certificate of fitness pursuant to subdivision (k) of this section. (2) An individual designated as a rigging foreman by a licensed special rigger shall, in addition to the qualifications set forth in the first paragraph of this subdivision, have the following additional qualifications: (i) at least one year's practical experience in the hoisting and rigging business; and (ii) the knowledge of and ability to explain the risks related to such business and any particular job for which the individual is designated, and precautions to be taken in connection therewith. (3) An individual designated as a rigging foreman by a licensed master rigger shall, in addition to the qualifications set forth in the first paragraph of this subdivision, have the following additional qualifications: (i) at least five years of practical experience in the hoisting and rigging business, or at least two years of practical experience in the hoisting and rigging business and possession of a Level II Rigging certification issued by the National Commission for the Certification of Crane Operators, or possession of both a Level II Rigging certification and a Lift Director certification issued by the National Commission for the Certification of Crane Operators; and (ii) the knowledge of and ability to explain the risks related to such business and any particular job for which the individual is designated, and precautions to be taken in connection therewith, including but not limited to: (A) rigging operations and precautions to be taken in connection therewith; (B) safe loads and computation thereof; (C) types and methods of rigging; and (D) pertinent hardware such as ropes, cables, blocks, poles, derricks, sheerlegs and other tools used in connection with rigging operations. (i) Designation of a Rigging Foreman. (1) The licensed rigger must submit a notification of designation, on a form provided by the department, which includes the following information: (i) A list of all rigging foremen employed by the licensee or by the business association of the licensee. Each rigging foreman's full name, home address, and home phone number shall be included as part of the list. (ii) A photograph of any newly designated rigging foreman. (iii) The notification shall be signed and notarized by the licensee and shall contain his or her license number. (iv) The notification shall contain a representation by the licensee that all of the rigging foremen designated by him or her have the qualifications specified in subdivision (h) of this section. (2) A newly designated rigging foreman cannot perform foreman duties until such notification is received by the department and the department has issued a "Designated Foreman Card" pursuant to subdivision (j), below. (3) The list must be updated within one week of the termination of a designation. When a list is updated, the licensee must file a new notification listing all rigging foremen designated by the licensee. The new notification must be filed in a manner required by the department and must contain the information set forth in subparagraphs (i), (ii), (iii) and (iv) of Paragraph (1) of this Subdivision. The new list will supersede any earlier filed notification. (4) The designation of one or more rigging foremen shall not detract from the licensee's responsibility or liability, individually and/or through his business, for all aspects of rigging safety. This includes, but is not limited to, the actions of rigging foremen, rigging crews and specialty crews, if any. (j) Designated Foreman Card. (1) The department shall issue a "Designated Foreman Card" for each designated rigging foreman. Such card and a photo identification card acceptable to the department shall be carried by the rigging foreman at all times while he or she is engaged in any of the duties requiring such designation and shall be presented upon the demand of any authorized enforcement officer. (2) It shall be the responsibility of the licensee to take possession of the "Designated Foreman Card" when such designation is terminated and return the card to the department. A designation shall be terminable by the licensee at any time, including if: (i) the person leaves the employ of the licensee or the business associated with the license holder under § 28-401.17 of the Administrative Code; (ii) the licensee finds that the designee is not competently performing his or her duties; or (iii) the licensee finds that the designee has acted in an unsafe or irresponsible manner in performing his or her duties. (k) Certificate of Fitness for Scaffold Users. In addition to the training requirements of section 3314.4 of the Building Code, individuals who use a suspended scaffold under the direct and continuing supervision of the licensed rigger shall possess a certificate of fitness. (1) An individual issued a certificate of fitness must: (i) be found capable of performing the scaffold work in a safe and responsible manner by the issuer at the time of issuance; (ii) be able to communicate without difficulty with the supervising licensed rigger or rigging foreman; and (iii) have been trained in accordance with section 3314.4 of the Building Code and possess a valid certificate card from the training provider evidencing successful completion of the training. (2) Certificates of fitness may be issued by the licensed master or special rigger and the rigging foreman designated pursuant to this section. (3) It shall be the sole responsibility of the licensee who issues the certificate of fitness, either personally or through a designated foreman, to ensure that the individual who receives the certificate meets the requirements of paragraph one of this subdivision for the particular job. It shall be the licensee's responsibility to maintain written records and copies relating to whom and when certificates were issued, as well as each certificate holder's certificate card. If a person issued a certificate of fitness is later found to be unqualified or to have failed to use a suspended scaffold in a safe and workmanlike manner, it shall be the licensee's responsibility to rescind the certificate of fitness and to remove the individual from the job. (4) The certificate of fitness must be issued in a form acceptable to the department and include the name of the holder, the date of the issuance, the name and license number of the licensee, the name, address, and telephone number of the licensee's company, and the signature of the issuer. (5) Such certificate of fitness, as well as the certificate card issued pursuant to 3314.4.5.8 of the Building Code, and photo identification of the certificate holder acceptable to the department, must be available on site for inspection. (l) Failure to comply with rule. If this rule is not complied with, the department may order that rigging operations stop, initiate disciplinary action against the licensee and/or contractor, and/or initiate proceedings for the impositions of fines or civil penalties. (Amended City Record 4/25/2017, eff. 5/25/2017; amended City Record 12/7/2023, eff. 1/6/2024; amended City Record 8/21/2025, eff. 9/20/2025)

1 RCNY § 104-21 Supervisory Responsibilities of a Licensed Sign Hanger.

§ 104-21 Supervisory Responsibilities of a Licensed Sign Hanger. (a) Applicability. This section shall apply to all sign hanging work performed by or under the direct and continuing supervision of a licensed sign hanger pursuant to § 28-415.1 of the Administrative Code. (b) Definitions. (1) For the purposes of this section, the term "critical pick" shall have the same meaning as set forth in section 3302.1 of the Building Code. (2) For the purposes of this section, the term "direct and continuing supervision" shall have the same meaning as set forth in § 28-401.3 of the Administrative Code. (3) For the purposes of this section, the term "registered design professional" shall have the same meaning as set forth in § 28-101.5 of the Administrative Code. (4) For the purposes of this section, the term "sign hanging foreman" shall mean an individual designated by a licensed sign hanger in accordance with subdivision (h) of this section. Such person shall have the qualifications set forth in subdivision (g) of this section. (c) Planning. Except where the design prepared by a registered design professional is authorized by Chapter 33 of the Building Code, the licensee must personally plan the equipment set-up and operation of all sign hanging operations. This responsibility may not be delegated. (d) Supervision of sign hanging operations other than critical picks. Except as otherwise provided in subdivision (e) of this section, the licensee need not be personally on site during sign hanging operations provided that a sign hanging foreman designated by the licensee pursuant to subdivision (h) of this section is continuously on site and that such sign hanging foreman performs and/or manages the work under the off-site supervision of the licensee as follows: (1) the licensee and the sign hanging foreman at the work site are in frequent and direct contact with each other during the course of the sign hanging operation; (2) for work involving the use of cranes, derricks, work platforms, suspended scaffolds, or other rigging setup where the safe founding or support of such equipment is a cause of concern (i.e. over sidewalks, roadways or yards where vaults or other subsurface structures exist; or where hooks or clamps are used on parapet walls to support hanging scaffolds, etc.), the licensee personally visits the work site to inspect and approve the sign hanging equipment founding and setup prior to commencement of sign hanging operations and each time the founding or support changes; (3) the licensee is readily available to provide on-site supervision should the need arise; and (4) the sign hanging foreman has in his or her possession at the work site the "Designated Foreman Card" issued by the department pursuant to subdivision (i) of this section, which shall be presented upon the demand of any authorized enforcement officer. (e) Supervision of critical picks. The licensee must be continuously on site during critical picks and must personally perform or personally supervise all critical picks. Off-site supervision of critical picks is not permitted. (f) Sign Hanging Crew. All members of the sign hanging crew must be under the direct and continuing supervision of the licensee. (g) Qualifications for designation as a sign hanging foreman. (1) An individual designated as a sign hanging foreman by a licensed special or master sign hanger shall: (i) be an employee on the payroll and covered by the worker's compensation insurance of the licensee or the business association of the licensee; (ii) be at least 18 years of age; (iii) be able to read and write English; (iv) be able to identify critical picks; (v) be familiar with the relevant sections of Chapter 33 of the Building Code, OSHA safety standards as contained in 29 C.F.R. Part 1926, and industry safety practices; (vi) have been trained to react properly to mechanical malfunctions or adverse weather; (vii) be able to evaluate the fitness of the sign hanging crew, including, where applicable, the issuance of a certificate of fitness pursuant to subdivision (j) of this section; (viii) be able to read plans and specifications relating to sign construction and erection, including supporting framework and other supports; (ix) have a knowledge of the problems and practices of sign construction and hanging; and (x) be familiar with the equipment and tools used in sign installations. (2) An individual designated as a sign hanging foreman by a licensed special sign hanger shall, in addition to the qualifications set forth in the first paragraph of this subdivision, have at least three years of practical experience in sign hanging work. (3) An individual designated as a sign hanging foreman by a licensed master sign hanger shall, in addition to the qualifications set forth in the first paragraph of this subdivision, have at least five years of practical experience in sign hanging work. (h) Designation of a Sign Hanging Foreman. (1) The licensed sign hanger must submit a notification of designation, on a form provided by the department, which includes the following information: (i) A list of all sign hanging foremen employed by the licensee or by the business association of the licensee. Each sign hanging foreman's full name, home address, and home phone number shall be included as part of the list. (ii) A photograph of any newly designated sign hanging foreman. (iii) The notification shall be signed and notarized by the licensee and shall contain his or her license number. (iv) The notification shall contain a representation by the licensee that all of the sign hanging foremen designated by him or her have the qualifications specified in subdivision (g) of this section. (2) A newly designated sign hanging foreman cannot perform foreman duties until such notification is received by the department and the department has issued a "Designated Foreman Card" pursuant to subdivision (i), below. (3) The list must be updated within one week of the termination of a designation. When a list is updated, the licensee must file a new notification listing all sign hanging foremen designated by such licensee. The new notification must be filed in the manner required by the department and must contain the information set forth in Subparagraphs (i), (ii), (iii) and (iv) of Paragraph (1) of this subdivision. The new list will supersede any earlier filed notification. (4) The designation of one or more sign hanging foremen shall not detract from the licensee's responsibility or liability, individually or through his licensed business, for all aspects of sign hanging safety. This includes, but is not limited to, the actions of sign hanging foremen and sign hanging crews. (i) Designated Foreman Card. (1) The department shall issue a "Designated Foreman Card" for each designated sign hanging foreman. Such card and a photo identification card acceptable to the department shall be carried by the sign hanging foreman at all times while he or she is engaged in any of the duties requiring such designation and shall be presented upon the demand of any authorized enforcement officer. (2) It shall be the responsibility of the licensee to take possession of the "Designated Foreman Card" when such designation is terminated and return the card to the department. A designation shall be terminable by the licensee at any time, including if: (i) the person leaves the employ of the licensee or the business associated with the license holder under § 28-401.17 of the Administrative Code; (ii) the licensee finds that the designee is not competently performing his or her duties; or, (iii) the licensee finds that the designee has acted in an unsafe or irresponsible manner in performing his or her duties. (j) Certificate of Fitness for Scaffold Users. In addition to the training requirements of section 3314.4 of the Building Code, individuals who use a suspended scaffold under the direct and continuing supervision of the licensed sign hanger shall possess a certificate of fitness. (1) An individual issued a certificate of fitness must: (i) be found capable of performing the scaffold work in a safe and responsible manner by the issuer at the time of issuance; (ii) be able to communicate without difficulty with the supervising licensed sign hanger or sign hanging foreman; and, (iii) have been trained in accordance with section 3314.4 of the Building Code and possess a valid certificate card from the training provider evidencing successful completion of the training. (2) Certificates of fitness may be issued by the licensed master or special rigger and the sign hanger foreman designated pursuant to this section. (3) It shall be the sole responsibility of the licensee who issues the certificate of fitness, either personally or through a designated foreman, to ensure that the individual who receives the certificate meets the requirements of paragraph one of this subdivision for the particular job. It shall be the licensee's responsibility to maintain written records and copies relating to whom and when certificates were issued, as well as each certificate holder's certificate card. If a person issued a certificate of fitness is later found to be unqualified or to have failed to use a suspended scaffold in a safe and workmanlike manner, it shall be the licensee's responsibility to rescind the certificate of fitness and to remove the individual from the job. (4) The certificate of fitness must be issued in a form acceptable to the department and include the name of the holder, the date of the issuance, the name and license number of the licensee, the name, address, and telephone number of the licensee's company, and the signature of the issuer. (5) Such certificate of fitness, as well as the certificate card issued pursuant to 3314.4.5.8 of the Building Code and photo identification of the certificate holder acceptable to the department, must be available on site for inspection. (k) Failure to comply with rule. If this rule is not complied with, the department may order that sign hanging operations stop, initiate disciplinary action against the licensee and/or contractor, and/or initiate proceedings for the impositions of fines or civil penalties. (Amended City Record 4/25/2017, eff. 5/25/2017)

1 RCNY § 104-22 Other Obligations.

§ 104-22 Other Obligations. (a) Licensees shall promptly notify the Department in writing of any address change within thirty (30) days of the change. (b) Licensees, as part of their obligation to maintain good moral character, shall notify the Department in writing of any criminal conviction within ten (10) days of the occurrence.

1 RCNY § 104-23 Hoisting Machine Operator Learners and Supervision of Learners.

§ 104-23 Hoisting Machine Operator Learners and Supervision of Learners. (a) Applicability. The operation of hoisting machines by a learner must be in accordance with the requirements of this section. (b) Definitions. For the purposes of this section, the following terms have the following meanings: Direct supervision. See § 28-401.3 of the New York City Administrative Code. Hoisting machine. See Section 3302.1 of the New York City Building Code. Hoisting machine operator. An individual licensed as a hoisting machine operator in accordance with Article 405 of Chapter 4 of Title 28 of the New York City Administrative Code. Learner. An individual learning to become a hoisting machine operator. Supervising licensee. The hoisting machine operator who is supervising the learner. (c) Basic requirements for learners. Learners must, at a minimum: (1) Be at least 18 years of age; (2) Hold a valid driver's license; (3) Be able to communicate in the language of the supervising licensee; (4) Be able to read plans and load charts; (5) Be familiar with the controls, operating characteristics, and emergency procedures of the hoisting machine to be operated; and (6) Meet the physical qualifications of Section 5-3.1.2(a) of ASME B 30.5-2021, as verified by passing a physical exam and a substance abuse test. (d) Supervision by licensee. The learner must be in the presence of and under the direct supervision of a licensed hoisting machine operator during all times the learner is operating the hoisting machine, as follows: (1) The supervising licensee and the learner must be in direct communication with each other, either verbally or by hand signals, at all times; and (2) For hoisting machines other than tower cranes, the supervising licensee and the learner must be in the direct line of sight of each other at all times. For a tower crane, the supervising licensee must be present in or near the crane cab or operators station. (e) Breaks. The learner may not operate the hoisting machine when the supervising licensee is on a break. The hoisting operation must stop and the hoisting machine must be properly secured before the supervising licensee goes on break. (f) Responsibility of supervising licensee. The supervising licensee must: (1) Ensure the learner safely operates the hoisting machine in accordance with all department regulations, manufacturer specifications, and approved permits or certificates; and (2) Perform the frequent inspection and the parking/securing inspection for the crane or derrick in accordance with subdivision (k) of 1 RCNY § 3319-01 and maintain the log for the crane or derrick in accordance with subdivision (h) of 1 RCNY § 3319-01. (g) Authority to stop operation. The supervising licensee has the authority to issue orders to the learner, order the learner to stop operation, and, if necessary, prohibit the learner from operating the hoisting machine. (h) Attention to monitoring. While supervising the learner, the supervising licensee may not perform any tasks that detract from his or her ability to monitor the learner. (i) Tasks within learners ability. The tasks performed by the learner while operating the hoisting machine must be within the learner's ability. (j) Restrictions on learners operation. The learner may not operate a hoisting machine in any of the following circumstances: (1) If any part of the hoisting machine, load line, or load (including rigging and lifting accessories), if operated up to the hoisting machine's maximum working radius in the work zone as established by clause (A) of subparagraph (ii) of paragraph (3) of subdivision (s) of 1 RCNY § 3319-01, could get within 20 feet of a power line that is up to 350 kV, or within 50 feet of a power line that is over 350 kV; (2) If the hoisting machine is used to hoist personnel; (3) In multiple-equipment lifts; (4) If the hoisting machine is used over a shaft, cofferdam, or in a tank farm; (5) In multiple-lift rigging operations; (6) If the pick is a critical pick as defined in Section 3302.1 of the New York City Building Code; or (7) If the operation is related to the erection, climbing, jumping, or dismantling of a tower crane. (k) Type, size, and capacity of hoisting machine supervised is within scope of license. Licensed hoisting machine operators may only supervise the operation of a learner on hoisting machinery that is authorized to be operated by the licensee, and where a certification for the operation of a type of hoisting machine has been established in rules promulgated by the commissioner, the licensee possesses the certification for that type of hoisting machine, and such certification has been listed on the hoisting machine operator's license by the department. (l) Type, size, and capacity of hoisting machine operated by learner to be within scope of license sought. The learner may only operate hoisting machinery that is authorized by the scope of the license sought. Only a person who possesses a Class A hoisting machine operator license may operate as a learner on hoisting machinery that is authorized to be operated only by a Class B hoisting machine operator; except that only individuals who hold a Class B hoisting machine operator license with the appropriate rating may operate in New York City hoisting machinery that requires a rating in accordance with § 28-405.2 of the New York City Administrative Code. Nothing in this section prohibits an individual who began training to obtain a Class C hoisting machine operator license from pursuing a Class A hoisting machine operator license instead and from operating Class A machinery as a trainee in accordance with the provisions of this section. Nothing in this section prohibits an individual who began training to obtain a limited hoisting machine operator license from pursuing a Class C or Class A hoisting machine operator license and from operating Class C or Class A machinery as a trainee in accordance with the provisions of this section. (m) Employment. A learner for a hoisting machine operator does not need to be employed by the hoisting machine operator supervising the learner. The learner and supervisor do not need to be employed by the same entity. (Added City Record 12/6/2017, eff. 1/5/2018; amended City Record 6/23/2020, eff. 7/23/2020; amended City Record 6/25/2024, eff. 7/25/2024; amended City Record 8/21/2025, eff. 9/20/2025)

1 RCNY § 104-24 Registered Filing Representatives.

§ 104-24 Registered Filing Representatives. This section establishes two types of filing representatives and sets forth the training, education, and experience requirements necessary at registration for both classes of representatives. (a) References. See Article 416 of Title 28 of the New York City Administrative Code and § 28-416.2 of same for a list of persons exempt from filing representative registration. (b) Definitions. For the purposes of this chapter, the following terms mean: (1) Architect. A person licensed and registered to practice the profession of architecture under the education law of the state of New York. (2) Engineer. A person licensed and registered to practice the profession of engineering under the education law of the state of New York. (3) Job. An application with an individual job number filed by the registered design professional of record. This does not include limited alteration applications, post-approval amendments, electrical applications, or demolition applications. (4) Registered design professional. An architect or engineer. (5) Registered design professional of record. The registered design professional who prepared or supervised the preparation of applicable construction documents filed with the department. (c) Class 1 registered filing representatives. Class 1 filing representatives may, following registration and issuance of an identification card, present, submit, furnish or seek approval of applications or construction documents, and remove documents from the possession of the department. However, beginning July 1, 2013, such filing representatives cannot appear before or attend appointments with plan examiners and other department technical staff including, but not limited to code and zoning specialists, plan examiners, chief plan examiners, borough commissioners, and deputy borough commissioners, regarding construction document approvals, including, but not limited to, plan review, audit review, pre-determinations, and determinations. (d) Class 1 filing representative registration requirements. (1) Beginning May 1, 2013, those seeking class 1 filing representative status must submit proof of the successful completion of a department-approved, integrity training at registration. (2) Beginning May 1, 2014, those seeking class 1 filing representative status must submit the following at registration: (i) Proof of the successful completion of a sixteen- (16) hour training course, approved by the department, within one (1) year of application for registration, in the following areas: (A) The New York City Building Code; (B) The New York City Energy Conservation Code; (C) The New York City Zoning Resolution; and (D) Relevant provisions of the New York City Administrative Code and department practices. (ii) Proof of the successful completion of a department-approved, integrity training. (e) Class 1 filing representative renewal requirements. Beginning July 1, 2014, during the one (1) year immediately prior to renewal, or beginning July 1, 2017, during the three (3) years immediately prior to renewal, a class 1 registered filing representative must have attended and successfully completed a Department-administered or Department-approved integrity training and the sixteen- (16) hour training course required by subdivision (d) of this rule. If the sixteen- (16) hour training course was successfully completed prior to registration, it need not be completed again prior to renewal. Proof of completion of such course(s) must be submitted to the Department at renewal. (f) Class 2 registered filing representatives. Class 2 registered filing representatives (also referred to as "code and zoning representatives") may, following registration and issuance of an identification card, perform all of the activities of a class 1 registered filing representative and may also appear before and attend appointments with plan examiners and other department technical staff regarding construction document approvals, including, but not limited to, plan review, audit review, pre-determinations, and determinations. However, class 2 registered filing representatives can only appear before, or attend such appointments at, the NYC Development Hub for New Building applications, Alteration Type 1 applications, and any and all related applications, in person or online, if they are employed and supervised by the registered design professional of record. If not, when appearing before or attending such appointments at the NYC Development Hub, class 2 registered filing representatives must be accompanied by the registered design professional of record or an individual employed and supervised by the registered design professional of record in the preparation of the construction documents being discussed. (g) Class 2 filing representative requirements. (1) Beginning May 1, 2013, those seeking class 2 filing representative status must submit the following: (i) Proof of: (A) A four (4) year degree in Architecture or Engineering from an accredited college; or (B) A four (4) year degree in another field from an accredited college, and proof of two (2) years as a registered filing representative with the department with at least fifty (50) jobs filed within four (4) years of application for class 2 filing representative status; or (C) Those who do not meet the requirements of paragraphs (i) or (ii) above may register and submit proof of the following during the limited time period of May 1, 2013 through June 30, 2013 only: four (4) years as a registered filing representative with the department with at least one hundred and twenty-five (125) jobs filed within eight (8) years of application for class 2 filing representative status. (ii) Proof of the successful completion of a department-approved, integrity training. (2) Beginning May 1, 2014, those seeking class 2 filing representative status must submit the following: (i) Proof of: (A) A four (4) year degree in Architecture or Engineering from an accredited college; or (B) A four (4) year degree in another field from an accredited college, and proof of two (2) years as a registered filing representative with the department with at least fifty (50) jobs filed within four (4) years of application for class 2 filing representative status. (ii) Proof of the successful completion of a thirty-six- (36) hour training course approved by the department, within one (1) year of application for class 2 filing representative status, in the following areas: (A) The New York City Building Code; (B) The New York City Energy Conservation Code; (C) The New York City Zoning Resolution; and (D) Relevant provisions of the New York City Administrative Code and department practices. (iii) Proof of the successful completion of a department-approved, integrity training. (h) Class 2 filing representative renewal requirements. (1) Beginning July 1, 2014, during the one (1) year immediately prior to renewal, a class 2 registered filing representative must have attended and successfully completed a Department-administered or Department-approved integrity training and the thirty-six- (36) hour training course required by subdivision (g) of this rule. If the thirty-six- (36) hour training course was successfully completed prior to registration, it need not be completed again prior to renewal. Proof of completion of such course(s) must be submitted to the Department at renewal. (2) Beginning July 1, 2017, during the three (3) years immediately prior to renewal, a class 2 registered filing representative must have attended and successfully completed a Department-administered or Department-approved integrity training and a sixteen- (16) hour, Department-approved, refresher course. Proof of completion of such course(s) must be submitted to the Department at renewal. (i) Additional powers of the commissioner. The commissioner may, upon a determination of good cause, extend the dates and deadlines set forth in this rule. (j) Suspension or revocation. Filing representative registration may be suspended or revoked in accordance with § 28-401.19 of the New York City Administrative Code.

1 RCNY § 104-25 Requirement of a Seal for Use by Licensed Oil-Burning Equipment Installers. [Repealed] (Repealed City Record 4/29/2024, eff. 5/29/2024)

1 RCNY § 104-26 Deactivation of License.

§ 104-26 Deactivation of License. If the holder of a license issued pursuant to § 28-401.10 of the Administrative Code is no longer engaged in a business or trade licensed by the department, but does not wish to leave the licensed trade, the license holder may so notify the department and submit his or her license and seal to the department for deactivation. If the licensee deactivates such license, the deactivated license shall no longer represent an authorization to engage in a particular trade, occupation, or business. While a licensee who chooses to deactivate his or her license may continue to work in the licensed trade under the supervision of an active licensee, he or she may not practice in the trade or business as a licensee or hold him or herself out as a licensee while the license is deactivated. (a) Applicability. This section applies to Master Plumbers, Master Fire Suppression Piping Contractors, High Pressure Boiler Operating Engineers, Welders, Riggers, Sign Hangers, Oil Burners, Site Safety Managers, Hoist Machine Operators, Elevator Agency Inspectors, Elevator Agency Directors, Elevator Agency Technicians, Restricted Elevator Agency Technicians, Master Electrician, and Special Electrician. (b) Deactivation. A license can remain deactivated for a maximum of twelve years after the date of deactivation. If a licensee fails to reactivate a license after this twelve year period, the deactivated license will lapse. In order to deactivate a license, at the time of application for deactivation, the licensee must ensure that: (1) All outstanding fines, penalties, or fees related to the licensee's professional dealings with the city or any governmental entity are paid, and (2) There are no violations for work performed under such license pending hearing or in default, and (3) Open applications filed under such license – including permits, jobs, scaffold notifications, and Limited Alteration Applications (LAAs) that name the licensee, as well as permits issued to the licensee – have been scheduled for inspection in accordance with department procedures, re-filed by another licensee, or withdrawn, and (4) He or she surrenders his or her license card, plate and/ or seal, if applicable. (c) Deactivation renewal. While the license is deactivated, the licensee must still submit a renewal application, continue to pay the license renewal fees required during each deactivation period, take any required continuing education courses and maintain certifications required by rule. If the licensee submits the renewal application after the date on which the license would have otherwise expired, the licensee must comply with the relevant provisions of Administrative Code § 28-401.13, and any other applicable rules and regulations. If a license has been deactivated for more than five, but fewer than twelve, years: (1) At renewal, the commissioner may require the licensee submit an affidavit and supporting documentation satisfactory to the department stating that, during each of the last three years, the individual has continuously been actively and legally engaged in the trade for which the applicant's license was issued, under the direct supervision of a licensee for their specific trade in order to prevent the deactivated license from expiring. (2) If the licensee cannot satisfactorily demonstrate active and legal engagement in the relevant trade, in order to prevent the license from expiring, the licensee must reactivate the license for at least one license term. If the license expires, applicants must comply with late renewal requirements of Administrative Code § 28-401.13, and any other applicable rules and regulations. (d) Reactivation. To reactivate a license, the licensee must comply with the license issuance requirements for his or her specific trade, pay all applicable fees, and submit all forms as prescribed by the commissioner. (1) If the licensee has complied with the deactivation requirements of this rule, the license may be reactivated up to five years after the date of deactivation. (2) The department may refuse to reactivate a license on any grounds on the basis of which it could deny, suspend or revoke such license. (e) Master Plumbers and Master Fire Suppression Piping Contractors must also comply with the certificate of competence requirements of Chapter 4 of Title 28 of the Administrative Code. (Added City Record 9/2/2016, eff. 10/2/2016; amended City Record 3/4/2022, eff. 4/3/2022; amended City Record 4/29/2024, eff. 5/29/2024; amended City Record 11/21/2025, eff. 12/21/2025)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-155319Fetched: 10/24/2026