§ 115-01 Company Certificates.
RCNY § 115-01
(a)Scope. This section sets forth standards, requirements and procedures for issuance of company certificates, including blasting contractor, central station, commercial cooking exhaust system servicing, fireworks contractor, fumigation and insecticidal fogging operation, portable fire extinguisher sales, portable fire extinguisher servicing, pyrotechnic supplier, smoke detector maintenance company certificates, ARC system testing, and fire alarm system installation, inspection, testing and servicing.
(b)General Provisions.
(1)Minimum qualifications and general requirements. Applicants for company certificates shall meet the minimum qualifications and comply with the general requirements set forth in FC 115 and this section. Companies to which a company certificate has been issued, their principals and officers, shall maintain all qualifications and comply with all requirements throughout the term of the certificate.
(2)Inspection of facilities. (A) All facilities maintained by company certificate 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 company possesses such facilities and specialized equipment as may be required to perform the duties of business or activity requiring the company certificate. (B) Facility inspections conducted in connection with original or renewal applications for a company certificate 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 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 company 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 company certificate where the applicant possesses and satisfactorily demonstrates to the Department that the company, its principals and officers, possess the following qualifications: (1) sufficient knowledge and experience in the business or activity requiring the company certificate to competently and safely engage in such business or activity, including one (1) or more principals or officers holding a certificate of fitness for such business or activity, where such certificate of fitness is required by the Fire Code or rules; (2) the integrity and fitness to be responsible for performing duties affecting public safety; (3) qualified staff and sufficient equipment and facilities to competently and safely perform the business or activity requiring the company certificate, including, where the company certificate is for the servicing of equipment, the manufacturer's servicing manuals; and (4) maintenance of the liability insurance policy required by the Fire Code or rules.
(d)Special Qualifications. In addition to general qualifications set forth in 3 RCNY § 115-01(c), applicants for the following company certificates shall possess and satisfactorily demonstrate to the Department that the company, its principals and officers, possess the following qualifications: (1) Blasting contractor certificates. (A) The company shall possess all licenses and other approvals required by the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice. (B) One (1) or more principals or officers of the company shall hold a certificate of fitness for blasting operations, or a certificate of fitness for blasting assistant, except, where the company only conducts blasting operations involving five (5) pounds or less of explosives, one (1) or more principals or officers may, in lieu of holding such certificate, have a minimum of two (2) years' experience in construction activities involving blasting operations.
(5)Portable fire extinguisher sales company certificates. (A) One (1) or more principals or officers of the company shall hold a certificate of fitness for portable fire extinguisher sales.
(6)Portable fire extinguisher servicing company certificates. (A) One (1) or more principals or officers of the company shall have a minimum of two (2) years' experience in portable fire extinguisher servicing and hold a certificate of fitness for portable fire extinguisher servicing. (B) The company shall possess the tools, materials, equipment, facilities and servicing manuals specified in Chapter 7 of NFPA 10 to service portable fire extinguishers.
(7)Smoke detector maintenance company certificates. (A) The company is listed as a fire alarm service organization by a national testing laboratory, or is an authorized smoke detector service company for a smoke detector manufacturer. (B) One (1) or more principals or officers of the company holds a license to engage in the business of installing, servicing and maintaining fire alarm systems, issued by the New York Secretary of State pursuant to Article 6-D of the New York State General Business Law, or is a master electrician licensed by the Department of Buildings and registered with the New York Secretary of State in accordance with such Article 6-D. (C) One (1) or more principals or officers of the company has received Level II certification in fire alarm systems from the National Institute for Certification in Engineering Technologies (NICET).
(8)ARC system testing company certificates. (A) One (1) or more principals or officers of the company shall hold a General Radiotelephone Operator License issued by the FCC pursuant to 47 C.F.R. Part 90.
(9)Commercial cooking exhaust system servicing company certificates. (A) One (1) or more principals or officers shall have a minimum of five (5) years' experience in the cleaning of commercial cooking exhaust systems. (B) One (1) or more principals or officers shall hold a certificate of fitness for commercial cooking exhaust system servicing technician. (C) The company shall have in its employ at least two (2) persons to conduct commercial cooking exhaust system cleaning and servicing. Each such person shall hold the certificate of fitness for commercial cooking exhaust system servicing technician required to conduct such cleaning and servicing. The principal(s) holding such certificate of fitness may be counted toward such minimum staffing requirement only if the principal(s) will be personally conducting such cleaning and servicing. (D) The company shall possess all tools, materials and equipment required to safely clean and service commercial cooking exhaust systems, including ladders, lighting equipment, scraping and washing equipment, cleaning materials, and vehicle(s) marked with the company name and company certificate number.
(10)fire alarm system installation, inspection, testing and servicing. (A) One (1) or more principals of the company shall be a fire alarm system installer registered with or licensed by the State of New York, who is certified by the National Institute for Certification in Engineering Technologies (NICET) to at least Level II in fire alarm systems; or (B) One (1) or more principals of the company shall be a fire alarm system installer registered with or licensed by the State of New York, who holds a certificate of fitness as a fire alarm system installation, inspection, testing and servicing principal; or (C) One (1) or more principals of the company shall be a master electrician or special electrician licensed by the Department of Buildings.
(e)General Application Requirements. Applicants for a company certificate shall submit all information and documentation necessary or appropriate to establish their eligibility for issuance of such certificate in accordance with FC 115, this section and the rules.
(f)Special Application Requirements. In addition to the general application requirements set forth in 3 RCNY § 115-01(e), applications for the following company certificates shall include the following information and documentation: (1) Central station certificates of operation. Applicants for such a company certificate shall include a copy of the listing or approval required by 3 RCNY § 115-01(d)(2); (2) Fireworks contractor certificates. Application for such a company certificate shall include a list of the fireworks displays conducted by the company, its principals or officers, in the three-year period prior to the date of filing, setting forth the date and location of such fireworks displays, and the number and types of fireworks discharged, including proof satisfactory to the Department that the company, its principals or officers, have safely conducted fireworks displays in urban or other confined settings comparable to those found in New York City; (3) Portable fire extinguisher servicing company certificates. Application for such a company certificate shall include a list of any other portable fire extinguisher servicing company certificate holders that will be performing services on behalf of the applicant in connection with the servicing of portable fire extinguishers, including a copy of the written agreement between such companies.
(g)General Insurance Requirements.
(h)Special Insurance Requirements. In addition to the general insurance requirements set forth in 3 RCNY § 115-01(g), applicants for, and holders of, the following company certificates shall comply with the following insurance requirements: (1) Blasting contractor certificates. Applicants for, and holders of, blasting contractor certificates shall maintain a liability insurance policy in an amount not less than five million dollars ($5,000,000). Such insurance policy shall name the City of New York and the New York City Fire Department as additional insured parties, provide that the limit of coverage applicable to the named insured is equally applicable to the additional insured parties, and shall provide for notice to the Department at least thirty (30) days prior to any cancellation or termination of such policy. Such insurance policy shall provide coverage at least as broad as set forth in the most recent edition of ISO Forms CG 2012 or CG 2026.
(i)Misconduct. In addition to any other penalties provided by law, misconduct on the part of a company that is applying for, or holds, a company certificate, and/or its principals or officers, shall be grounds for denial, non-renewal, suspension or revocation of a company certificate, and/or any other Department certificates held by the principals or officers of the company. Such misconduct includes, but is not limited to: (1) the failure of a holder of a company certificate, its principals or officers, 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 company certificate or the duties of a company certificate holder, including: (A) any false or fraudulent statement or submission; and (B) any unauthorized alteration or use of a company certificate or possession of any fraudulent company certificate; (3) any other unlawful or unsafe conduct that bears on the integrity or reliability of an applicant or company certificate holder, its principals or officers; (4) the failure to maintain the liability insurance policy required by the Fire Code or the rules; (5) the failure to obtain or maintain any license or other approval required by a federal, state or City agency to engage in the business or activity requiring the company certificate; (6) the failure to promptly notify the Department of any change in the designated agent for receipt of process, pursuant to 3 RCNY § 115-01(b)(3), or applicant's or certificate holder's contact information, or any other notification required pursuant to 3 RCNY § 115-01(b)(4); (7) misrepresenting the company, its principals, officers or employees, to be Department officials, employees or agents, including representing that the company, its principals, officers or employees, possess the authority to enforce the Fire Code or the rules, or wearing the uniform or insignia of the Department or similar attire or insignia that may mislead the public; or (8) with respect to portable fire extinguisher sales company certificates required for persons engaged in the business of selling portable fire extinguishers door-to-door, to sell, offer for sale or otherwise provide to the owner of buildings or businesses, for use on their premises, any portable fire extinguisher for a particular occupancy or use, when such portable fire extinguisher is no longer approved for such occupancy or use and/or would not be in compliance with the portable fire extinguisher requirements for such occupancy or use set forth in the Fire Code or the rules. (Amended City Record 12/1/2015, eff. 1/1/2016; amended City Record 4/18/2018, eff. 5/18/2018; amended City Record 10/16/2020, eff. 12/1/2020)
