§ 114-01 Certificates of License.
RCNY § 114-01
(a)Scope. This section sets forth standards, requirements and procedures for issuance of certificates of license for the installation, alteration, testing and repair of automotive and marine liquid motor fuel storage and dispensing systems and flammable liquid and combustible liquid storage systems.
(b)General Provisions.
(1)Minimum qualifications and general requirements. Applicants for certificates of license shall meet the minimum qualifications and comply with the general requirements set forth in FC 114 and this section. Holders of a certificate of license shall maintain all qualifications and comply with all requirements throughout the term of the certificate.
(2)Inspection of facilities. (A) All facilities maintained by certificate of license applicants and holders are subject to Department inspection. Such inspection may be conducted for any purpose related to the enforcement of the requirements of this section, including but not limited to verifying that the certificate of license applicant possesses such facilities and specialized equipment as may be required to perform the duties of business or activity requiring the certificate of license. (B) Facility inspections conducted in connection with original or renewal applications for a certificate of license shall be conducted at the expense of the applicant, based on the fees set forth in FC Appendix A, plus reasonable travel expenses for facilities located outside of New York City.
(3)Agent for receipt of process. All applicants and certificate of license holders shall designate an agent located in New York City who is authorized to receive process on behalf of the company. The agent's designation shall provide that the service of process upon him or her shall confer personal jurisdiction over the certificate of license holder in any judicial or administrative proceeding or action. This provision shall not be construed to limit the parties upon whom, or manner by which, service may be effected in accordance with applicable law.
(4)Change of contact information. All applicants and certificate holders are required to promptly notify the Department of any change in the applicant's or certificate holder's address, telephone number and other contact information, and such other information as the Department may require.
(c)General Qualifications. The Department will grant an original or renewal application for a certificate of license where the applicant possesses and satisfactorily demonstrates to the Department that the applicant or certificate holder possesses the following qualifications: (1) A driver's license, passport, birth certificate or other proof satisfactory to the Department that the applicant satisfies the minimum age requirement set forth in FC 114.4; (2) sufficient knowledge and experience in the business or activity requiring the certificate of license to competently and safely engage in such business or activity; (3) the integrity and fitness to be responsible for performing duties affecting public safety; (4) qualified staff and sufficient equipment and facilities to competently and safely perform the business or activity requiring the certificate of license; (5) maintenance of the liability insurance policy required by the Fire Code or rules; and (6) for original applications filed on or after February 15, 2000, a high school diploma, or its educational equivalent, approved by a state's Department of Education, or an approved accrediting organization.
(d)Special Qualifications. In addition to general qualifications set forth in 3 RCNY § 114-01(c), applicants for certificates of license shall possess and satisfactorily demonstrate to the Department that the applicant possesses the following qualifications: (1) Automotive and marine liquid motor fuel storage and dispensing systems. (A) A minimum of three (3) years work experience in the installation, alteration, testing or repair of automotive or marine liquid motor fuel storage and dispensing systems in the five (5) year period prior to the date of filing of such application. Such experience shall have been obtained working under the general supervision of a holder of a certificate of license holder for automotive or marine liquid motor fuel storage and dispensing systems.
(e)General Application Requirements. Applicants for a certificate of license shall submit all information and documentation necessary or appropriate to establish their eligibility for issuance of such certificate in accordance with FC 115 and this section.
(5)Identification. Applicants for an original certificate of license 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 of license will be photographed by the Department for identification purposes. The Department may require a certificate of license holder filing for renewal of their 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 passport-size photographs in connection with an original or renewal certificate of license application.
(7)Fees. Application fees relating to certificates of license 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." (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 of license will be reviewed for compliance of its principals and officers with child support obligations and will be denied when required by such laws when one (1) or more of such principals or officers 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. The principals and officers of applicants for certificates of license will be required to disclose their social security numbers for purposes of such review.
(9)Original applications. Applications for a certificate of license shall include the following information and documentation, and such other information and documentation as the Department may require: (A) The applicant's prior experience in the business or activity requiring the certificate of license, including the names and addresses of all companies with which such applicant has been employed or otherwise affiliated in the five-year period prior to the date of filing; (B) A list of all federal, state, or local licenses or certificates issued to the applicant in the five-year period prior to the date of filing that authorize the applicant to engage in the business or activity requiring the certificate of license, or similar business or activity. A copy of each such license and certificate shall be included with the application; (C) A list of its offices, facilities and any specialized equipment required to engage in the business or activity requiring the certificate of license; (D) A copy of any and all violations, judgments, convictions and penalties issued to or entered against the applicant, in the five-year period prior the date of filing, relating to the business or activity requiring the certificate of license, or similar business or activity; or relating to the offering or receiving of a bribe or unlawful gratuity. A copy of the charges, pleadings, adjudications and certificates of disposition from any such civil or criminal proceeding shall be included with the application; and (E) A list of any permits issued to the applicant, including the Department account numbers. (F) The name, address and contact information for the agent for receipt of process required by 3 RCNY § 114-01(b)(3).
(10)Renewal applications. Renewal applications shall disclose any changes in the certificates of license holders, offices and facilities, and permits; disclose any violations, judgments, criminal convictions and penalties since the last date of filing; and include a copy of all current licenses and certificates.
(f)Examinations.
(g)General Insurance Requirements.
(h)Misconduct. In addition to any other penalties provided by law, misconduct on the part of an applicant or holder of a certificate of license shall be grounds for denial, non-renewal, suspension or revocation of a certificate of license. Such misconduct includes, but is not limited to: (1) the failure of a holder of a certificate of license to properly discharge the duties of such certificate, including failing to properly supervise the work being conducted such certificate; (2) any false and fraudulent conduct in connection with an application for a certificate of license or the duties of a certificate of license holder, including: (A) any false or fraudulent statement or submission; and (B) any unauthorized alteration or use of a certificate of license or possession of any fraudulent certificate of license; and (C) cheating on an examination; and (D) impersonating another or allowing oneself to be impersonated; (3) any other unlawful or unsafe conduct that bears on the integrity or reliability of an applicant or certificate of license holder; (4) the failure to maintain the liability insurance policy required by the Fire Code, this section or the rules; (5) the failure to promptly notify the Department of any change in the designated agent for receipt of process, pursuant to 3 RCNY § 114-01(b)(3), or applicant's or certificate holder's contact information, or any other notification required pursuant to 3 RCNY § 114-01(b)(4); or (6) compromising the integrity or confidentiality of a Department examination.
