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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose 

The rule adds a new Section 104-12 to Title 1 of the Rules of the City of New York (RCNY) regarding gas work qualifications. This rule promotes public safety by specifying requirements for obtaining gas work qualifications required for performing gas work within the City of New York.

This rule includes provisions related to the following that are intended to give effect to Local Law 150 of 2016:

  • Requirements for applications for a gas work qualification, including examination, experience and education requirements.
  • Requirements for applications for a limited gas work qualification, including experience and education requirements.
  • Requirements for documentation purporting to verify claimed education, training and experience submitted with applications for a gas work qualification or a limited gas work qualification.
  • Requirements for demonstrating that a person holds a gas work qualification or a limited gas work qualification while engaged in gas work.
  • Expiration and renewal of a gas work qualification and a limited gas work qualification.

DOB has made changes to the rule following the public comment period and public hearing.  These changes include:

  • Defining the terms “direct and continuing supervision,” “personal and immediate supervision,” and “direct employ” in order to provide clarity with respect to the operation of such terms for purposes of the rule.
  • Specifying, in subparagraph (i) of paragraph (5) of subdivision (a), the requirements for proving personal and immediate supervision in order to provide clarity to supervising individuals.
  • Clarifying that the application fee, where applicable, for a gas work qualification and a limited gas work qualification will be as specified in section 101-03 of the rules of the Department.
  • Adding provisions under subdivision (e), regarding the issuance of gas work and limited gas work qualification cards and requirements for demonstrating that a person holds a gas work qualification or limited gas work qualification while engaged in gas work. These provisions were added to address enforcement considerations associated with implementation of the rule.

The Department of Buildings’ authority for this rule is found in sections 643 and 1043 of the New York City Charter, Article 423 of Chapter 4 of Title 28 of the New York City Administrative Code and Local Law 150 of 2016.

New material is underlined.

[Deleted material is in brackets.]

Effective Date: 
Sat, 12/07/2019