N.Y.C. Admin. Code § FC 113: Section FC 113: Certificates of Fitness and Qualification

113.1 Supervision required.

The commissioner may require that a material, operation or facility subject to the provisions of this code, the rules, or other laws, rules and regulations enforced by the department, be manufactured, stored, handled, used, maintained, inspected and tested, transported, conducted by, or operated under the supervision of, a person holding a certificate pursuant to this section. The commissioner may require such supervision to be personal supervision or general supervision of the material, operation or facility. Where a reference in this code is made to a certificate of fitness without identifying the type of certificate, such reference shall be to the certificate of fitness designated by the commissioner as appropriate to conduct or supervise the material, operation or facility.

113.1.1 Work location.

Except as otherwise provided in this code or the rules, the commissioner may issue certificates for one or more designated work locations.

113.2 Duties.

In addition to any other responsibilities specified in this code or the rules, a certificate holder shall be responsible for:

1. the safe manufacturing, storage, handling, use, operation, maintenance, inspection, testing, repair and/or supervision of the material, operation or facility, and emergency preparedness, for which the certificate is required, in accordance with this code, the rules, and any other applicable laws, rules and regulations.

2. notifying the department of any fire, explosion, reportable leak or other release of hazardous material, or other emergency related to the duties of his or her certificate.

3. keeping such certificate upon his or her person or otherwise readily available on the premises for inspection by any representative of the department, at all times while conducting or supervising the material, operation, facility or emergency preparedness for which the certificate is required.

113.3 Applications.

Applications for new or renewal certificates required by the provisions of this code or the rules shall be made to the commissioner, in such form and detail as the commissioner may prescribe, including such information and documentation as the commissioner may require.

113.4 Minimum qualifications.

Applicants for certificates shall comply with the following minimum requirements:

1. Be at least 18 years of age, or such age above the age of 18 as may be required by law, rule or regulation.

2. Have a reasonable understanding of the English language and be able to answer satisfactorily such questions as may be asked of such applicant upon his or her examination.

3. Present such evidence of his or her character, habits and past employment, as may be satisfactory to the commissioner.

4. Present such evidence of his or her qualifications as set forth in the rules or the department's notice of examination for such certificate.

5. Pass an examination, administered by the department or other entity that tests the applicant's knowledge of the code, law, rules and regulations governing the regulated material, operation or facility, and the precautions and other actions necessary to ensure the proper and safe performance of his or her duties as a certificate holder.

6. When applying for a certificate of fitness relating to storage, handling and use of explosives, present proof of United States citizenship.

113.5 Investigation.

Applicants are subject to an investigation by the department in connection with their application and their qualifications and fitness for the certificate.

113.6 Fingerprinting.

Applicants for a certificate of fitness for the storage, use and handling of explosives, fireworks, pyrotechnics and special effects shall be fingerprinted and a criminal background check conducted for the purposes authorized by law. The commissioner may require such fingerprinting and criminal background check for other certificates.

113.7 Issuance.

The commissioner may grant an application for a certificate upon a determination that the applicant possesses the qualifications and fitness required for such certificate, as set forth in the code and the rules.

113.7.1 Term of certificate.

Every certificate or renewal thereof granted by the commissioner shall be for a period as specified therein, not to exceed 3 years, and shall expire at the end of such period unless the commissioner approves its renewal.

113.7.2 Time for submission of renewal applications.

Applicants may apply for renewal during the period from 60 calendar days prior to a certificate's expiration date to not more than 1 year after such date. The commissioner shall not renew certificates that have been expired for more than 1 year. Persons holding such certificates must apply for an original certificate and comply with all of the original certificate requirements.

113.7.3 Renewal.

Certificate renewals shall be at the discretion of the commissioner in the interest of public safety based on a review of the certificate holder's qualifications and fitness. The department may review the certificate holder's qualifications and fitness and may require a certificate holder to complete a department-approved continuing education program and/or provide other proof of the holder's continuing qualifications and fitness.

113.8 Expired certificates.

It shall be unlawful to perform or provide such supervision for a material, operation or facility authorized by a certificate after the term of such certificate has expired.

113.9 Certificate revocation and suspension.

The commissioner may, at any time, revoke or suspend a certificate for misconduct, or other good cause. The certificate holder shall be afforded notice and an opportunity to be heard prior to any such suspension or revocation except that, in the circumstance of an imminent threat to public safety, such notice and opportunity to be heard may be given promptly after such revocation or suspension.