§ 113-01 Certificates of Fitness and Certificates of Qualification.
RCNY § 113-01
(a)Scope. This section sets forth general standards, requirements and procedures for issuance of certificates of fitness and certificates of qualification.
(b)General Provisions.
(1)Minimum qualifications and general requirements. Applicants for certificates of fitness and certificates of qualification shall meet the minimum qualifications and comply with the general requirements set forth in FC 113 and this section. Holders of certificates of fitness and certificates of qualification shall maintain all qualifications and comply with all requirements throughout the term of the certificate. (A) Applicants for certificates of fitness for FLS director shall additionally comply with the requirements set forth in 3 RCNY § 113-02. (B) Applicants for certificates of fitness to inspect and clean commercial cooking exhaust systems shall additionally comply with the requirements set forth in 3 RCNY § 113-08. (C) Applicants for certificates of fitness for construction site fire safety manager shall additionally comply with the requirements set forth in 3 RCNY § 113-11.
(2)Change of address or work location. All applicants and certificate holders are required to promptly notify the Department of any change in the applicant's or certificate holder's residence address, any change in work location when such location is required for and/or indicated on such certificate, and such other information as the Department may require.
(c)General Application Requirements. Applicants for a certificate of fitness or certificate of qualification shall submit all information and documentation necessary or appropriate to establish their eligibility for issuance of such a certificate in accordance with FC 113, the rules and the applicable notice of examination.
(3)Incomplete applications. The Department reserves the right not to accept for filing any application that is incomplete or otherwise deficient, including any application that is submitted without the required supporting documentation or application fee. The Department will provide the applicant notice of any application that is not accepted, and, except for applications determined to be fraudulent, shall afford the applicant a reasonable time to correct or supplement such application. Original applications not corrected or supplemented within 30 days of the applicant's being notified will be deemed abandoned.
(4)Examinations. Except as otherwise provided in this section, applicants for an original certificate must obtain a passing score on the applicable examination administered by the Department.
(5)Identification. Applicants for an original certificate shall provide two (2) pieces of picture identification satisfactory to the Department, such as a driver's license, passport or employee identification card. The Department reserves the right to require additional identification.
(6)Photographs. All applicants for an original certificate will be photographed by the Department for identification purposes. The Department may require a certificate holder filing for renewal of his or her certificate to report to the Department to be photographed. Failure to comply with such a notice constitutes grounds for non-renewal of the certificate. In lieu of, or in addition to, such photographs, the Department may require submission of two (2) passport-size photographs in connection with an original or renewal certificate application.
(7)Fees. Application fees relating to certificates of fitness and certificates of qualification, including any written examination and practical examination, shall be as set forth in FC Appendix A or the rules. Except as otherwise authorized by the Department, fees shall be paid in cash, check or money order payable to the "New York City Fire Department." (A) Written examination fees shall be paid at the time of submission of the application. Such fees are non-refundable. (B) Applicants for a practical examination will be notified of the date by which the applicable examination fee must be paid. Such examination fees are non-refundable, except when applicants give proper and timely notice of cancellation in accordance with the procedures set forth in the Department's notice of examination or other applicable notice.
(8)Applicants delinquent on child support payments. In accordance with the United States Social Security Act, 42 U.S.C. § 666(a)(13), and New York State General Obligations Law § 3-503, applications for original or renewal certificates will be reviewed for compliance with child support obligations and will be denied when required by such laws when the applicant has been identified by the Office of Child Support Enforcement of the New York City Human Resources Administration (or any successor agency) as delinquent on child support payments. Applicants for certificates will be required to disclose their social security numbers on their applications for purposes of such review.
(d)Examinations.
(e)Certificates of Fitness Application Requirements.
(f)Certificate of Qualification Application Requirements.
(g)Misconduct. In addition to any other penalties provided by law, misconduct on the part of an applicant or holder of a certificate of fitness or certificate of qualification shall be grounds for denial, non-renewal, suspension or revocation of a certificate, and denial of an application for a certificate or the opportunity to take a certificate examination. Such misconduct includes, but is not limited to: (1) the failure of a certificate holder to properly discharge his or her duties; (2) any false and fraudulent conduct in connection with an application for a certificate or the duties of a certificate holder, including: (A) any false or fraudulent statement or submission; (B) any unauthorized alteration or use of a certificate or possession of any fraudulent certificate; (C) cheating on an examination; and (D) impersonating another or allowing oneself to be impersonated; (3) the failure to promptly notify the Department of any change in the applicant's or certificate holder's residence address, work location, or any other notifications required pursuant to 3 RCNY § 113-01(b)(2).
