A Local Law to amend the administrative code of the city of New York, in relation to a qualification for gas work

Int. No. 738-A

By Council Members Levine, Crowley, Ferreras-Copeland, Mendez, Cohen, Constantinides, Vallone, Palma, Cornegy, Johnson, Gentile, Rosenthal, Torres, Lancman, Van Bramer, Richards, Cabrera, Espinal, Kallos, Gibson, Vacca, Dromm, King, Reynoso, Chin, Koslowitz, Rodriguez, Rose, Menchaca, Levin and Ulrich

A Local Law to amend the administrative code of the city of New York, in relation to a qualification for gas work

Be it enacted by the Council as follows:

                     Section 1.  Chapter 4 of title 28 of the administrative code of the city of New York is amended by adding a new article 423 to read as follows:

ARTICLE 423

QUALIFICATION FOR GAS WORK

§ 28-423.1 Qualification required. For the purposes of this article, “gas work” means work covered by section 101.2 of the New York city fuel gas code, where such work is required by this code to be performed under the direct and continuing supervision of a licensed master plumber, provided that the term “gas work” shall not include periodic inspections required pursuant to article 318 of chapter 3 of title 28 of the administrative code. On and after January 1, 2020, it shall be unlawful to perform gas work unless such work is performed by:

1.                      A licensed master plumber; or

2.                     A person working under the direct and continuing supervision of a licensed master plumber if such person:

2.1. Holds a gas work qualification pursuant to this article; or

2.2. Holds a limited gas work qualification pursuant to this article and is performing such work under the personal and immediate supervision of (i) a person who holds a gas work qualification pursuant to this article or (ii) a licensed master plumber.

Exception: The provisions of this article shall not apply to gas work performed, serviced and maintained by utility corporations and subject to the jurisdiction of the New York state public service commission.

§ 28-423.2 Applications for gas work qualification. The commissioner shall issue gas work qualifications in accordance with sections 28-423.2.1 and 28-423.2.2.

§ 28-423.2.1 Applications for gas work qualification submitted before January 1, 2019. The commissioner shall issue a gas work qualification to a person who before January 1, 2019, submits satisfactory proof establishing that such person is a registered journeyman plumber pursuant to article 409 of this chapter.

§ 28-423.2.2 Applications for gas work qualification submitted on or after January 1, 2019. The commissioner shall issue a gas work qualification to a person who on or after January 1, 2019, submits satisfactory proof establishing that such person:

1.                     Has demonstrated an understanding of and proficiency and competency with gas work, including (i) a working familiarity with the fuel gas code and the ability to apply the requirements of such code correctly, (ii) the application of skills relating to gas work on the job site, (iii) a working knowledge of the tools for gas work and the ability to utilize such tools properly and (iv) an ability to draft simple diagrams and interpret from drawings for the purpose of performing gas work, by satisfying a requirement that the commissioner shall establish by rule; and

2.                     Satisfies one or more of the following:

2.1. Such person is a registered journeyman plumber pursuant to article 409 of this chapter;

2.2. Such person successfully completed an apprenticeship in plumbing through a program approved by the New York state department of labor and has at least one year of full-time experience performing or supervising plumbing work under the direct and continuing supervision of a licensed master plumber; or

2.3. Such person has at least five 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 year of such experience occurred in the city.

§ 28-423.2.3 Concurrent applications. The commissioner shall establish a procedure for concurrently applying for a journeyman plumber registration pursuant to article 409 of this chapter and a gas work qualification pursuant to this section. No application fee shall be charged to an applicant for a gas work qualification if such applicant (i) is, at the time such application is filed, a registered journeyman plumber pursuant to such article or (ii) is applying concurrently for a journeyman plumber registration pursuant to such article and a gas work qualification.

§ 28-423.3 Applications for limited gas work qualification. The commissioner shall issue limited gas work qualifications in accordance with sections 28-423.3.1 and 28-423.3.2.

§ 28-423.3.1 Applications for limited gas work qualification submitted before January 1, 2019. The commissioner shall issue a limited gas work qualification to a person who before January 1, 2019, submits satisfactory proof that such person has at least six months of full-time experience performing plumbing work under the direct and continuing supervision of a licensed master plumber.

§ 28-423.3.2 Applications for limited gas work qualification submitted on or after January 1, 2019. The commissioner shall issue a limited gas qualification to a person who on or after January 1, 2019 submits satisfactory proof establishing that such person:

1.                     Has at least six months of full-time experience performing plumbing work under the direct and continuing supervision of a licensed master plumber; and

2.                     Satisfies one or more of the following:

2.1. Such person has successfully completed a training program that (i) relates to gas work, (ii) is at least 16 hours and (iii) is approved by the commissioner;

2.2. Such person is an apprentice in plumbing registered in an apprenticeship program approved by the New York state department of labor; or

2.3. Such person satisfies such other requirement for demonstrating competence with gas work as the commissioner may establish by rule.

§ 28-423.4 Expiration. The gas work qualification shall have no expiration and need not be renewed or reissued. The limited gas work qualification shall expire five years after issuance and may not be renewed.

§ 2. This local law takes effect immediately.

LS 1746

11/7/16 8:33PM