N.Y.C. Admin. Code § FC 114: Section FC 114: Certificates of License

114.1 Supervision required.

The commissioner may require that the installation, alteration, testing and repair of liquid motor fuel storage and dispensing equipment and systems, and flammable or combustible liquid storage systems, be conducted by a person holding a certificate of license or by an employee of such certificate holder working under his or her direct supervision.

114.2 Duties.

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

1. the proper and safe installation, alteration, testing and repair of liquid motor fuel storage and dispensing equipment and systems, and flammable or combustible liquid storage systems in accordance with this code, the rules, and any other applicable laws, rules and regulations.

2. verifying that all required approvals from the department have been obtained prior to installing, altering, testing or repairing liquid motor fuel storage and dispensing equipment, and flammable or combustible liquid storage systems.

3. 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.

114.3 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.

114.4 Minimum qualifications.

Applicants for certificates shall comply with the following minimum requirements:

1. Be at least 18 years of age.

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 and past employment, as may be satisfactory to the commissioner.

4. Present such evidence of his or her qualifications 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 installation, alteration, testing and repair of liquid motor fuel storage and dispensing equipment and systems and flammable and combustible liquid storage systems the precautions and other actions necessary to ensure the proper and safe performance of his or her duties as a certificate holder.

114.5 Investigation.

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

114.6 Fingerprinting.

The commissioner may require the fingerprinting and criminal background check of applicants for a certificate for purposes authorized by law.

114.7 Issuance.

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

114.7.1 Term of certificate.

Every certificate or renewal thereof granted by the commissioner shall be for a period as specified therein, not to exceed 2 years, and shall expire at the end of such period unless the commissioner approves its renewal.

114.7.2 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.

114.7.3 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.

114.8 Expired certificates.

It shall be unlawful to engage in the business authorized by a certificate after the term of such certificate has expired.

114.9 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.

114.10 Insurance.

The commissioner may require certificate holders to obtain and furnish proof of general liability insurance, in such amounts and in accordance with such requirements, as may be set forth in the code or the rules, otherwise required by law, or required as a condition of the certificate issuance. The certificate shall expire by operation of law if any such required insurance lapses, expires or is cancelled during the term of the certificate.