NYC Admin. Code § 28-401.1 Application.
§ 28-401.1 Application.
This chapter shall apply to the licensing and registration of businesses, trades and occupations engaged in building work regulated by this code.
General
NYC Admin. Code tit. 28, ch. 4, art. 401
in effectNYC Admin. Code § 28-401.2 General requirements for all licenses.
§ 28-401.2 General requirements for all licenses.
The provisions of this article shall apply to all licenses issued by the department pursuant to this chapter. All applicants and licensees shall comply with the provisions of this article as well as the specific requirements applicable to the particular license as set forth in other articles of this chapter and department rules.
(L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
NYC Admin. Code § 28-401.3 Definitions.
§ 28-401.3 Definitions.
As used in this chapter the following terms shall have the following meanings unless the context or subject matter requires otherwise.
BOILER, HIGH-PRESSURE. An appliance for supplying steam or hot water that, for a steam boiler, operates at a pressure of more than 15 psig (103 kPa gauge), and for a hot water boiler, operates at a pressure exceeding 160 psig (1103 kPa gauge) or at a temperature exceeding 250°F (121°C).
CERTIFICATE OF COMPETENCE. A certificate issued by the department to an individual representing that such individual has completed all requirements for the master plumber or master fire suppression piping contractor license but has not obtained a seal and that such certificate of competence has been renewed as required and is currently in effect. The certificate of competence shall bear the name of the holder and the certificate number. The holder of a certificate of competence is not a licensed master plumber or licensed master fire suppression piping contractor and may practice the trade for which the certificate is issued only under the direct and continuing supervision of a licensed master plumber or licensed master fire suppression piping contractor or, with respect to a city employee under the direct and continuing supervision of a supervising licensed master plumber or licensed master fire suppression piping contractor.
CITY AGENCY. A city, county, borough, or other office, position, administration, department, division, bureau, board or commission, or a corporation, institution or agency of government, the expenses of which are paid, in whole or in part, from the city treasury.
COMBINED STANDPIPE SYSTEM. A standpipe to which a sprinkler system is connected or is being connected.
DIRECT AND CONTINUING SUPERVISION. Responsible control exercised by a licensed individual, either personally or through one or more, but no more than three, levels of competent supervision over individuals performing the actual work of the licensee's trade who are (i) in the direct employ of an individual who is a licensee, or (ii) in the direct employ of the city agency employing the licensee or (iii) in the direct employ of a business employing the licensee, as allowed by the department, or (iv) where the licensee uses his or her license on behalf of a business, in the direct employ of such business provided that such business is disclosed to the department pursuant to this chapter. Such control shall be evidenced by such licensee's signature, and seal where applicable, upon any required statements, applications and/or permits and by demonstrating involvement of the licensee in the operations of the business, including hiring of employees, responsibility for financial matters, and oversight of work performance. Direct and continuing supervision includes field inspection, supervision of job sites, and the maintenance of records of such supervision and such other requirements as the commissioner may prescribe by rule for a particular license type.
DIRECT EMPLOY. An individual is in the direct employ of a licensee or business or a city agency when such individual is on the payroll of such licensee or business or city agency and under the usual common law rules applicable in determining the employer-employee relationship has the status of an employee. The work performed by such employee shall not exceed the class of license held by the licensee. Direct employment shall be 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, timekeeping records, such as time cards and sign-in sheets, work orders, and assignment or route logs.
DIRECT SUPERVISION. Responsible control exercised by a licensed individual over individuals performing the actual work of the licensee's trade. Such control shall be evidenced by such licensee's signature, and seal where applicable, upon any required statements, applications and/or permits. Direct supervision includes field inspection, supervision of job sites, and the maintenance of records of such supervision and such other requirements as the commissioner may prescribe by rule for a particular license type. All work shall be performed under the guidance and direction of the licensed individual, or, for gas work, a person who holds a gas work qualification pursuant to article 423, who shall be present at all times such trade work is conducted.
ELECTRICAL WORK. The installation, alteration, maintenance, repair, or demolition of electric wires and wiring apparatus and other appliances used or to be used for the transmission of electricity for electric light, heat, power, signaling, communication, alarm, or data transmission (see also “Minor electrical work” as defined in section 28-101.5).
ELEVATOR AGENCY. An approved agency authorized by the commissioner to perform elevator work and to inspect and test elevators, escalators and other conveying equipment regulated by this code.
ELEVATOR AGENCY HELPER. An individual having required qualifications to perform elevator work, as defined in this chapter, under the direct and continuing supervision of an elevator agency director.
ELEVATOR WORK. Alteration, assembly, installation, maintenance, repair, replacement and modernization work, as defined by ASME A17.1 as modified by appendix K of the New York city building code, performed on conveyances regulated by this code or other applicable laws or rules. Elevator work does not include material hoists, platform lifts, stair chair lifts, or personnel hoists. Outfitting, removal, refinishing, or replacement of interior finishes, including wall panels, drop ceilings, handrails and flooring, removal or replacement of interior lighting, recladding of doors, transoms and front return panels, finishing or ornamental work on elevator car operating panels shall not be considered elevator work. Operation of an elevator by any person employed as an operator of such elevator, including operation of an elevator operating under a temporary certificate of occupancy as issued by the department of buildings or such other issuing agency shall not be considered elevator work.
EMPLOYEE. An individual who is on the payroll of an employer and who under the usual common law rules applicable in determining the employee-employer relationship has the status of an employee. Such term shall not include an independent contractor.
FIRE SUPPRESSION PIPING SYSTEM. Any system including any and all equipment and materials in connection therewith, the purpose of which is to control, contain, suppress or extinguish fire and shall include:
1. The systems, materials and equipment described or referred to in this code which shall include any standpipe system to which a sprinkler system is or is now being connected; or
2. Up to 30 sprinkler heads off the domestic water in any one building; or
3. Any dry, liquid or gaseous chemical fire containment, suppression, control or extinguishing system or any other device or means of control, suppression, containment or extinguishing of fire.
Fire suppression piping systems shall not include:
1. Any electrical components that must be installed by a licensed electrician pursuant to the New York city electrical code; or
2. Portable fire extinguishers; or
3. Connection to domestic water being used for sprinklers.
FIRE SUPPRESSION PIPING WORK. The installation, maintenance, repair, modification, extension, or alteration or testing of a fire suppression piping system in any building in the city of New York. Fire suppression piping work shall not include plumbing work.
GENERAL CONTRACTOR. An individual, corporation, partnership or other business entity that applies for a permit pursuant to this code to construct a new residential structure containing no more than three dwelling units. The term "general contractor" shall not be construed to include an individual, corporation, partnership or other business entity that holds a license pursuant to this code or subchapter twenty-two of chapter two of title twenty of the administrative code, and enters into a contract to perform work exclusively within the scope of such license, nor shall it include an individual who constructs a residential structure containing no more than three dwelling units for his or her own occupancy, or any subcontractors working for the general contractor.
GOVERNMENT AGENCY. Any office, position, administration, department, division, bureau, board, commission, corporation, institution or agency under the control of any city, county, state or the federal government of the United States of America.
LICENSE. A license, registration, certification or other evidence, issued by the department pursuant to this chapter, representing that an individual, a sole proprietorship, partnership, corporation, business association or other person meets the qualifications and requirements as set out in this chapter and in the rules of the department and is authorized to engage in the particular trade, occupation or business as indicated on the license and representing that such license, with associated seal, where applicable, has been renewed as required and is currently in effect. The license shall bear the holder's full name, the type of license, the license class, where applicable, the license number and any restrictions relating to the use of such license. Such term shall not include a certificate of competence.
LICENSED MASTER ELECTRICIAN, MASTER ELECTRICIAN. An individual who has satisfied the requirements of this chapter for the master electrician license, who has been issued a license and seal, and who is authorized under the provisions of this chapter to perform electrical work in the city of New York. A master electrician licensee shall practice their trade in association with a master electrician business.
LICENSED MASTER FIRE SUPPRESSION PIPING CONTRACTOR, MASTER FIRE SUPPRESSION PIPING CONTRACTOR. An individual who has satisfied the requirements of this chapter for the master fire suppression piping contractor license, who has been issued a license and seal, and who is authorized under the provisions of this chapter to perform fire suppression piping work in the city of New York, according to the classification of license held. A master fire suppression piping contractor licensee shall practice his or her trade in association with a master fire suppression piping contractor business or as an employee of a city agency.
LICENSED MASTER PLUMBER, MASTER PLUMBER. An individual who has satisfied the requirements of this chapter for the master plumber license, who has been issued a license and seal, and who is authorized under the provisions of this chapter to perform plumbing work in the city of New York. A master plumber licensee shall practice his or her trade in association with a master plumber business or as an employee of a city agency.
LICENSED SPECIAL ELECTRICIAN, SPECIAL ELECTRICIAN. An individual who has satisfied the requirements of this chapter for the special electrician license and has been issued a license and seal. A special electrician licensee shall be an employee of an individual, a partnership or a corporation owning, leasing, or managing a building, buildings, or parts thereof who has obtained written authorization from the commissioner, pursuant to this chapter, to perform electrical work in or on specific buildings, lots, or parts thereof owned, leased, or managed by such individual, corporation, or partnership.
LOW VOLTAGE ELECTRICAL WORK. Refer to section 28-101.5.
MASTER ELECTRICIAN BUSINESS. A sole proprietorship, partnership, or corporation authorized by the commissioner to engage in or carry on, as an independent contractor and as its regular business, the business of performing electrical work in or on any building, premises, or lot in the city under a license issued to a master electrician.
PLUMBING WORK. The installation, maintenance, repair, modification, extension or alteration of plumbing, standpipe where a sprinkler is not connected or is not now being connected, domestic water, connections to the domestic water, combination domestic water and reserve standpipe supply tank up to and including the roof tank check valve, gas piping or any piping system referred to in the New York city plumbing code, and/or up to thirty sprinkler heads off the domestic water in any building in the city of New York.
RESPONSIBLE REPRESENTATIVE. A master electrician who has the authority to make final determinations and who has full responsibility on behalf of a master electrician business for the manner in which electrical work is done and for the selection, supervision, and control of all employees of such business who perform such work.
SAFETY REGISTRATION RECIPIENT. An individual, corporation, partnership or other business entity that applies for a permit to perform or performs, or supervises any work that requires the filing under this code of an application for (i) a new building permit; (ii) an alteration permit for work that involves a vertical or horizontal enlargement in excess of twenty-five percent of the floor area of an existing building; (iii) an alteration permit for work that involves the addition of three or more stories to an existing building; (iv) an alteration permit for work that involves alteration or demolition of more than fifty percent of the floor area of an existing building; (v) an alteration permit where the work will result in the removal of one or more floors of an existing structure; (vi) a demolition permit; or (vii) an individual, corporation, partnership or other business entity that places concrete in a building or building site in connection with excavations, foundations or superstructures, including but not limited to the placement of concrete in steel structures, where the concrete portion of the project involves the pouring of a minimum of two thousand cubic yards of concrete or such other amount as determined by rule.
SEAL. Emblem issued by the department to a licensee that allows the licensee to stamp documents required by this code to be signed and sealed. The seal shall bear the full name of the licensee, the license type, the license class, where applicable, and the license number. The seal is the property of the department and is not transferable by the licensee. For applications and other documents submitted electronically, the digital signature and imprint of the seal may be submitted in a manner authorized by the commissioner.
SIGN. A sign as defined in section 12-10 of the New York city zoning resolution.
(Am. 2019 N.Y. Laws Ch. 750, 1/1/2020, eff. 1/1/2022; Am. 2020 N.Y. Laws Ch. 55, 4/3/2020, eff. 1/1/2022; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2024/128, 12/21/2024, eff. 12/21/2025)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008, L.L. 2021/126, and L.L. 2024/128.
NYC Admin. Code § 28-401.4 Requirement of license.
§ 28-401.4 Requirement of license.
It shall be unlawful for any person to engage in or carry on in the city any business, trade or occupation regulated by this chapter or to hold himself or herself out as authorized to engage in or carry on such activity, without having first obtained a license from the commissioner and, if applicable, the proper endorsement for such license in accordance with and subject to the provisions of this chapter and the rules of the department.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008 and L.L. 2021/126.
NYC Admin. Code § 28-401.5 Application and conditions.
§ 28-401.5 Application and conditions.
Every application for a license or certificate of competence shall be made in such form and shall be accompanied by such information as the commissioner may prescribe, and by the required fee. Failure to provide all requested documents in a timely manner will constitute an incomplete application and will result in denial of the license. It is a condition of the license or certificate of competence that information in the application be kept correct and current. Any change in required information shall be reported to the department within 14 days after any change prior to issuance of the license or certificate of competence or within 30 days after any change following issuance.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
NYC Admin. Code § 28-401.6 Qualifications of applicant.
§ 28-401.6 Qualifications of applicant.
All applicants for a license or certificate of competence shall be at least 18 years of age, shall be able to read and write the English language, shall be of good moral character, shall be fit to perform work authorized by the particular license or certificate of competence, and shall meet additional qualifications that may be prescribed for the particular license or certificate of competence. The department may refuse to qualify an applicant if it has found that the applicant violated any law, rule, or regulation of the department resulting in the suspension, revocation or non-renewal of a department-issued license.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
NYC Admin. Code § 28-401.7 Examination of applicant.
§ 28-401.7 Examination of applicant.
Except as otherwise specified for the particular license type, applicants for a license shall be required to take an examination in accordance with the rules of the department.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
NYC Admin. Code § 28-401.8 Investigation of applicant.
§ 28-401.8 Investigation of applicant.
Every applicant for a license or certificate of competence issued pursuant to this chapter shall submit to investigation as directed by a governmental entity in order to determine the applicant's character and fitness and in accordance with the rules of the department. The applicant shall furnish the department with payment for the actual cost of conducting the background investigation. Failure to provide all requested and completed documents or any other information necessary for completion of the investigation in a timely fashion will constitute an incomplete application and will result in a denial of the license or certificate of competence.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
NYC Admin. Code § 28-401.8.1 Fingerprinting.
§ 28-401.8.1 Fingerprinting.
Applicants for licenses issued pursuant to this chapter shall be fingerprinted for the purpose of securing criminal history records from the state division of criminal justice services.
1. The applicant shall pay a processing fee as required and in a form and manner as prescribed by the state division of criminal justice services. Fingerprints shall be taken of the individual seeking licensure in the form and manner as prescribed by the division of criminal justice services; the owner, if the applicant is a sole proprietorship; the general partners, if the applicant is a partnership; and the officers, principals, directors, and stockholders owning more than 10 percent of the outstanding stock of the corporation, if the applicant is a corporation.
2. Any person required to be fingerprinted hereunder shall furnish to the department three current passport-sized photographs of such person.
3. Notwithstanding paragraph (1) above, an applicant may submit, in lieu of such fingerprints, copies of submissions to any federal, state or local regulatory entity containing information comparable to that required by the department, provided that the department may require fingerprinting and disclosure pursuant to such paragraph where it finds that it has not received sufficient information or information that is comparable to department requirements.
4. Any person authorized by the department to request a check of criminal history information shall comply with the provisions of article 23a of the New York state correction law and all other applicable laws. If an applicant has been convicted of a crime, any decision regarding such applicant's fitness for a license or certificate of competence issued pursuant to this chapter must be made upon consideration of sections 701 - 703-b (article 23) and sections 751 - 753 (article 23-a) of the New York state correction law.
5. The department shall authorize the director of the licensing backgrounds unit and a licensing unit attorney to review the criminal history record information disseminated by the division.
(L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
NYC Admin. Code § 28-401.9 Insurance.
§ 28-401.9 Insurance.
Except as noted otherwise for a particular license, or exempted by the commissioner pursuant to rule, prior to the issuance of a license, or during the renewal thereof, the applicant shall file with the department satisfactory evidence of a commercial general liability insurance policy in the amount of $1,000,000 or such other amount as the commissioner may require together with satisfactory evidence of compliance with the workers' compensation law and the disability benefits law. Required insurance shall be maintained for the duration of the license and any changes in coverage, insurance renewals, or policy status shall be provided to the department in accordance with department rules.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
NYC Admin. Code § 28-401.10 Issuance of license and seal, where applicable, or certificate of competence.
§ 28-401.10 Issuance of license and seal, where applicable, or certificate of competence.
The commissioner shall issue a license or certificate of competence to each applicant who shall have submitted satisfactory evidence of such applicant’s qualifications, and shall have satisfactorily passed all required examinations and investigations, provided that no license or certificate of competence shall be issued unless and until the applicant shall have paid the required fee and complied with such other and further requirements for the particular license or certificate of competence as may be set forth in this chapter and in rules promulgated by the department. All licenses or certificates of competence issued by the commissioner shall have the commissioner’s signature affixed thereto; but the commissioner may authorize any subordinate to affix such signature. For licenses that require the application of a seal, the seal shall be issued with the license except as provided otherwise in this chapter. The license and seal are the property of the department and are not transferable by the licensee. No licensee shall make or cause to be made duplicates of a department-issued license or seal. The loss or theft of a license or seal must be reported to the department within 5 calendar days. Before any license or seal may be reissued, the applicant shall pay a reissuance fee as prescribed by the department’s rules.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2024/128, 12/21/2024, eff. 12/21/2025)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126 and L.L. 2024/128.
NYC Admin. Code § 28-401.11 Term of license.
§ 28-401.11 Term of license.
Except as otherwise provided in this code or by rule, all licenses issued by the commissioner shall expire three (3) years from the date of issuance thereof, and may be renewed every three (3) years thereafter without examination. The commissioner shall have authority to stagger the issuance of licenses for three-year terms. The term of an elevator agency technician license issued in accordance with the provisions of article 425 of this chapter shall be two (2) years.
(Am. L.L. 2021/126, 11/7/2021, eff. 1/1/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
NYC Admin. Code § 28-401.12 Renewal of license or certificate of competence.
§ 28-401.12 Renewal of license or certificate of competence.
Applications for renewal of a license or certificate of competence shall be accompanied by the renewal fee and such additional information as the commissioner may require, and shall be made at least 30 days but not more than 90 days prior to the expiration date of same. Applications for renewal of a license or certificate of competence submitted within 30 days prior to the license expiration date shall be considered late and subject to applicable late renewal fees. Applicants shall provide evidence satisfactory to the department that he or she is fit to perform the work authorized by the particular license as provided by department rule. Applications for renewal are subject to investigation by the Department. The failure of an individual to renew his or her license or certificate of competence shall have the effect of cancellation of the license or certificate of competence upon expiration, and the holder of a seal issued by the department shall immediately surrender such seal to the department. A person who fails to renew a license or certificate of competence within the time period set forth in this section may apply for late renewal of such license pursuant to section 28-401.13. The department may, following notice and an opportunity to be heard, refuse to renew a license or certificate of competence on any grounds on the basis of which it could deny, suspend or revoke such license.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126 and L.L. 2023/077.
NYC Admin. Code § 28-401.13 Late renewal.
§ 28-401.13 Late renewal.
If a license or certificate of competence expires, the individual may apply for late renewal of the license or certificate of competence within one (1) year of the date of its expiration without examination but subject to applicable late renewal fee.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
NYC Admin. Code § 28-401.14 Continuing education.
§ 28-401.14 Continuing education.
The commissioner may promulgate rules to require applicants for the renewal of licenses or certificate of competence to complete a prescribed number of hours of continuing education courses approved by the department within the term preceding the application for renewal and to provide proof of same in a form acceptable to the department. Such proof, when required, shall be submitted with the application for renewal.
NYC Admin. Code § 28-401.15 Schedule of fees.
§ 28-401.15 Schedule of fees.
License Type Initial Fee Renewal Fee Additional Fees
Master rigger license. $200 $150 triennially Late-renewal fee: $50 Reissuance fee: $50
Special rigger license. $100 $75 triennially Late-renewal fee: $50 Reissuance fee: $50
Basic hoisting machine operator license (Class A). $150 $150 triennially Late-renewal fee: $50 Reissuance fee: $50
Basic hoisting machine operator license with endorsement to operate hoisting machinery without limitation or restriction (Class B). $200 $150 triennially Late-renewal fee: $50 Reissuance fee: $50
Special hoisting machine operator license (Class C). $100 $75 triennially Late-renewal fee: $50 Reissuance fee: $50
Concrete testing laboratory license. $100 $75 annually Late-renewal fee: $50 Reissuance fee: $50
Welder license. $50 $45 triennially Late-renewal fee: $50 Reissuance fee: $50
Master plumber license (certificate of competence). $200 $150 triennially Late-renewal fees: Up to 30 days late, $50; From 31 days to five years late, $100 for each year or part thereof. Reissuance fee: $50
Master plumber license seal. $50 $75 triennially Replacement fee upon loss of seal, w/affidavit: $75
Journeyman plumber registration. $50 No renewal. Reissuance fee: $50
Master fire suppression piping contractor (class A, B or C) license (certificate of competence). $200 $150 triennially Late-renewal fees: Up to 30 days late, $50; From 31 days to five years late, $100 for each year or part thereof. Reissuance fee: $50
Master fire suppression piping contractor (class A, B or C) license seal. $50 $75 triennially Replacement fee upon loss of seal, w/affidavit: $75
Journeyman fire suppression piping installer registration. $50 No renewal. Reissuance fee: $50
Oil-burning equipment installer. License. $100 $75 triennially Late-renewal fee: $50 Reissuance fee: $50
Oil-burning equipment installer seal. $100 $75 triennially Replacement fee upon loss of seal, w/affidavit: $75
High-pressure boiler operating engineer license. $50 $45 triennially Late-renewal fee: $50 Reissuance fee: $50
Portable high-pressure boiler operating engineer license. $50 $45 triennially Renewal fee includes renewal fee for a hoisting machine operator license. Late-renewal fee: $50 Reissuance fee: $50
Master sign hanger license. $100 $75 triennially Late-renewal fee: $50 Reissuance fee: $50
Special sign hanger license. $100 $75 triennially Late-renewal fee: $50 Reissuance fee: $50
Outdoor advertising company registration. As provided by dept. rules. As provided by dept. rules. As provided by dept. rules.
Filing representative registration. As provided by dept. rules. As provided by dept. rules. As provided by dept. rules.
Site safety coordinator certificate. $100 $50 Late-renewal fee: $50 Reissuance fee: $50
Site safety manager certificate. $300 $150 Late-renewal fee: $50 Reissuance fee: $50
General contractor registration. $300 $240 triennially Late-renewal fee: $50 Reissuance fee: $50
Tower crane rigger license. $150 $50 triennially Late-renewal fee: $50 Reissuance fee: $50
Safety registration endorsement. $80 each $80 triennially Late-renewal fee: $50 Reissuance fee: $50
Lift director registration. As provided by dept. rules. As provided by dept. rules. As provided by dept. rules.
Master electrician license. As provided by dept. rules. As provided by dept. rules. As provided by dept. rules.
Master electrician license seal. As provided by dept. rules. As provided by dept. rules. As provided by dept. rules.
Special electrician license. As provided by dept. rules. As provided by dept. rules. As provided by dept. rules.
Special electrician license seal. As provided by dept. rules. As provided by dept. rules. As provided by dept. rules.
(Am. L.L. 2018/014, 12/31/2017, eff. 12/31/2017; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2024/128, 12/21/2024, eff. 12/21/2025)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008, L.L. 2018/014, L.L. 2021/126, and L.L. 2024/128.
NYC Admin. Code § 28-401.15.1 Additional fees.
§ 28-401.15.1 Additional fees.
Additional fees for licensing shall be set forth in the rules of the department. Additional fees include, but are not limited to, reissuance, deactivation, reactivation and late renewal.
(L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
NYC Admin. Code § 28-401.16 Restrictions on use.
§ 28-401.16 Restrictions on use.
No holder of a license issued under this chapter shall authorize, consent to or permit the use of his or her license by or on behalf of any other person, and no person who has not qualified and obtained or renewed a license or qualification under this chapter shall hold himself or herself out to the public as qualified, licensed, certified, registered or as the holder of a license issued under this chapter, either directly or indirectly, by means of signs, sign cards, stationery, or in any other manner whatsoever.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
NYC Admin. Code § 28-401.17 Use on behalf of a business.
§ 28-401.17 Use on behalf of a business.
Except for such additional requirements as may be set forth for a particular license, nothing in this chapter shall be construed to prohibit the use of a license by the holder thereof for or on behalf of a partnership, corporation or other business association, provided that such business entity is disclosed to the department in a manner required by the department and where:
1. At least one member of the partnership or at least one officer of the corporation is licensed for the same business, trade or occupation, and that all work performed by such partnership or corporation is performed by or under the direct and continuing supervision of such license holder or holders; or
2. Such partnership, corporation or other business association is itself authorized to engage in such business as prescribed herein.
NYC Admin. Code § 28-401.17.1 Use on behalf of a city agency.
§ 28-401.17.1 Use on behalf of a city agency.
Nothing in this chapter shall be construed to prohibit the holder of a license who is an employee of a city agency from using such license to practice the trade for which such license is issued for or on behalf of such city agency in the course of such employment except as otherwise limited pursuant to articles 408 and 410 of this chapter for licensed master plumber and licensed master fire suppression piping contractor licensees.
NYC Admin. Code § 28-401.17.2 Change of business.
§ 28-401.17.2 Change of business.
A license holder who is required to register his or her business or apply for permits with the department may change his or her registered business provided that such change is disclosed to the department in a manner required by the department and where:
1. All business documentation required by the department, including new insurance certificates, for the new business is submitted;
2. All open applications filed by the license holder under the previous business are closed or transferred; and
3. All fines, penalties or fees owed to the city or department related to the work performed by the previous registered business during the period the license holder was registered at that business are paid.
(L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
NYC Admin. Code § 28-401.18 New York city location required.
§ 28-401.18 New York city location required.
Except as otherwise noted for a particular license, the holder of a license, other than an employee of a city agency, shall have or be employed by a business entity that has an established place dedicated to the licensee's business with an address within the city of New York at which such person can be contacted by the public and the department by mail, telephone, electronic mail or other modes of communication during usual business hours. A post office box or virtual office is not acceptable.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
NYC Admin. Code § 28-401.18.1 Notification required.
§ 28-401.18.1 Notification required.
Licensees shall promptly notify the department in writing of any address, telephone number and/or electronic mail change within 30 days of the change. Licensees shall notify the department in writing of any criminal conviction within 10 days of the occurrence.
(L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
NYC Admin. Code § 28-401.18.2 Posting.
§ 28-401.18.2 Posting.
Licensees with established places of business shall post a photocopy of such license in a conspicuous place near the entrance of the licensee's place of business.
(L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
NYC Admin. Code § 28-401.19 Suspension or revocation of license or certificate of competence.
§ 28-401.19 Suspension or revocation of license or certificate of competence.
The commissioner shall have the power to suspend or revoke a license or certificate of competence and/or to impose a fine not to exceed $25,000 for each finding of violation, and/or to order any holder thereof to repair damage resulting from any act or omission as set forth in this chapter or in rules, for any of the following:
1. Fraud or deceit in obtaining or renewing a license or seal, certificate of competence, certification, registration, or permit;
2. The making of a material false or misleading statement on any form or report filed with the department or other governmental entity;
3. The failure to file a statement, report or form required by law to be filed;
4. Willfully impeding or obstructing the filing of a statement, report or form of another required by law to be filed;
5. Fraudulent dealings or misrepresentation;
6. Negligence, incompetence, lack of knowledge or fitness, or disregard of this code and related laws and rules;
7. Failure to comply with this code or any order, rule, or requirement lawfully made by the commissioner including failure to cooperate with investigations related to the trade for which the individual is licensed conducted by the commissioner or other government entity;
8. Failure to comply with any order, rule, regulation or requirement lawfully made by the commissioner of environmental protection or commissioner of transportation pertaining to water services, house connections street openings, street/lane closures or sidewalk closures that relate to requirements of this code;
9. A practice or pattern of failing timely to perform or complete contracts relating to home improvements as defined by section 20-386 of the administrative code or a practice of abandoning contracts on residential buildings containing four dwelling units or less;
10. Failure to provide documents, including payroll records, workers compensation or other insurance documents, employee timekeeping records and corporate tax returns, required by the commissioner;
11. Engaging or assisting in any act that endangers the public safety and welfare;
12. Conviction of a criminal offense where the underlying act arises out of the individual's professional dealings with the city or any other governmental entity;
13. Poor moral character that adversely reflects on his or her fitness to conduct work regulated by this code;
14. Failure to pay outstanding fines, penalties, or fees related to the individual's professional dealings with the city or any other governmental entity;
15. The unauthorized removal of documents from the department;
16. Repeated failure to be prepared for or attend scheduled meetings with the department as provided by rule; or
17. Failure to notify the department in accordance with section 28-401.18.1.
18. With respect to general contractor registration, upon a finding that the applicant or registrant or a business entity in which one of the applicant's or registrant's principals, officers or directors is a principal, officer or director has engaged in any of the acts set forth in items 1 through 17 or any of the following:
18.1. Fraud, misrepresentation or bribery in securing a sign-off of work or a temporary or permanent certificate of occupancy.
18.2. A practice on the part of the registrant of failure to timely perform or complete its contracts for the construction of new residential structures containing no more than three dwelling units, or the manipulation of assets or accounts, or fraud or bad faith.
18.3. Approval or knowledge on the part of the registrant of an act of omission, fraud, or misrepresentation committed by one or more agents or employees of the registrant, and failure to report such act to the department.
18.4. The applicant or registrant, or any of its principals, officers or directors, or any of its stockholders owning more than ten percent of the outstanding stock of the corporation has been convicted of a crime which, in accordance with article twenty-three-a of the correction law, is determined to have a direct relationship to such person's fitness or ability to perform any of the activities for which a registration is required under this article.
18.5. The applicant or registrant, or any of its principals, officers or directors has been or is a principal, officer or director of a registered general contractor whose registration has been revoked.
19. Contract work by holders of special electrician’s licenses.
20. Failure to demonstrate fitness to engage in the trade for which the individual is licensed.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2024/128, 12/21/2024, eff. 12/21/2025)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008, L.L. 2021/126, and L.L. 2024/128.
NYC Admin. Code § 28-401.19.1 Notice and hearing.
§ 28-401.19.1 Notice and hearing.
The commissioner shall not revoke or suspend a license or certificate of competence for any cause or impose any other sanction on a licensee unless and until the holder has been given at least five calendar days prior written notice and an opportunity to be heard at the office of administrative trials and hearings (OATH) or its successor agency. However, when the public safety may be imminently jeopardized the commissioner shall have the power, pending a hearing and determination of charges, to forthwith suspend any license for a period not exceeding 15 days.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
NYC Admin. Code § 28-401.19.2 Resolution of proceedings.
§ 28-401.19.2 Resolution of proceedings.
Resolution of proceedings shall comply with the following:
1. Surrender of seal. Upon surrender, suspension or revocation of a license for which the department has also issued a seal, the license and seal shall be immediately surrendered to the department.
2. Posting of resolution of proceedings. The names of all licensees whose licenses were suspended or revoked or upon whom penalties have been imposed after a hearing and a department determination shall be posted on the department's website. The department shall post the names of licensees who have entered into stipulations with the department unless the stipulation agreed to by the parties provides otherwise.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
NYC Admin. Code § 28-401.19.3 Mandatory suspension or revocation.
§ 28-401.19.3 Mandatory suspension or revocation.
The commissioner shall immediately suspend or revoke a license issued pursuant to this code as set forth below. Nothing in the following sections shall be construed to limit the commissioner's power to revoke or suspend licenses in other circumstances.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
NYC Admin. Code § 28-401.19.3.1 Rigger license.
§ 28-401.19.3.1 Rigger license.
Any licensed rigger who has been found guilty after proceedings before the environmental control board or other adjudicative proceedings of violating section 28-404.1 or 28-401.9 of the administrative code or sections 3314.1.1 and 3314.4.3.1 of the New York city building code, or of failing to ensure that workers have certificates of fitness required pursuant to this code or applicable rule three times within any six-month period, shall be subject to immediate suspension of his or her license pending a hearing and determination in accordance with the provisions of this code.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126 and L.L. 2023/077.
NYC Admin. Code § 28-401.19.3.2 General contractor registration.
§ 28-401.19.3.2 General contractor registration.
Any registered general contractor who has defaulted at or been found liable after proceedings before the environmental control board or in an adjudication in criminal court of violations of any provisions of this code relating to a stop work order, public health or safety, structural integrity, building in compliance with approved construction documents or fire safety three times within any 24-month period shall be subject to immediate suspension of his or her registration, pending a hearing and determination at office of administrative trials and hearings (OATH) or its successor agency, as applicable.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
NYC Admin. Code § 28-401.19.4 Restriction on disciplined licensees.
§ 28-401.19.4 Restriction on disciplined licensees.
A person who previously held a license that was surrendered subsequent to commencement of a Department disciplinary action, or had their license revoked or was denied renewal, may be prohibited from serving as an officer, director, partner, manager, or licensed individual of a licensed business, whether or not the individual had knowledge of or participated in the prohibited acts or omissions for which the license was surrendered, revoked or denied renewal. The election or appointment of that person by another licensee shall constitute grounds for disciplinary action.
(L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008 and L.L. 2021/126.
NYC Admin. Code § 28-401.20 Cooperation required.
§ 28-401.20 Cooperation required.
Any person, including any corporation, partnership, business or other entity, issued a license or certificate of competence by the department shall, pursuant to a request or order of the commissioner or any other city agency or office, cooperate fully and completely with respect to any department or city agency or office investigation. Evidence of cooperation shall include, but is not limited to, appearing before the department or other city agency or office, answering questions completely and accurately, and providing any and all requested documents. Failure to comply with such request or order may subject such person to disciplinary measures authorized by law, including but not limited to suspension or revocation of the license or certificate of competence.
NYC Admin. Code § 28-401.20.1 Service of request or order.
§ 28-401.20.1 Service of request or order.
Such request or order by the commissioner or other city agency or office shall be mailed by regular mail to the person named therein to such person’s last known business or home address at least 10 days before such appearance and shall contain the name of the person, date, time, and place of such appearance and, if known or applicable, a description of any requested documents. If the appearance or information is required immediately, the request or order may be transmitted to the electronic mail address provided by the person, or via facsimile or delivered to the person’s last known business or home address prior to the date and time specified therein.
(Am. L.L. 2024/128, 12/21/2024, eff. 12/21/2025)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2024/128.
NYC Admin. Code § 28-401.21 Judicial review of determinations.
§ 28-401.21 Judicial review of determinations.
Notwithstanding any other provision of law to the contrary, decisions, orders and interpretations of the commissioner made pursuant to this chapter shall not be subject to review by the board of standards and appeals. Final decisions and orders of the commissioner made pursuant to this chapter shall be subject to review pursuant to article 78 of the civil practice law and rules.
NYC Admin. Code § 28-401.22 Deactivation of license.
§ 28-401.22 Deactivation of license.
In the event that the holder of a license is no longer actively engaged as a licensee in a trade or business licensed by the department, the licensee may submit his or her license for deactivation pursuant to department rules. During the period of deactivation, the licensee must continue to pay the license renewal fee required under this chapter for each year of the deactivation period. The holder of a deactivated license may not practice in the trade or business as a licensee or hold himself or herself out as a licensee during the period of deactivation. Application for reactivation of a deactivated license without re-examination shall be made within a time period prescribed by rule and subject to a demonstration of work experience in the trade satisfactory to the commissioner during the time that the license was deactivated.
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/NYCadmin/0-0-0-203372Fetched: 10/24/2026