§ 104-26 Deactivation of License.
RCNY § 104-26
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 If the licensee deactivates such license, the deactivated license shall no longer represent an authorization to engage in a particular trade, occupation, or business.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– have been scheduled for inspection in accordance with department procedures, re-filed by another licensee, or withdrawn, and (4) He or she surrenders his or her license card, plate and/ or seal, if applicable.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.
(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)
