2006 New York Code - Use Of License.



 
    §  26-138  Use of license. a. No holder of a license issued under this
  subchapter shall authorize, consent to or permit the use of his  or  her
  license  by  or  on  behalf  of  any  other  person,  and subject to the
  provisions of section 26-131 of this subchapter, no person who  has  not
  qualified  and  obtained  a  license  under  this  subchapter shall hold
  himself or herself out to the public as licensed or as the holder  of  a
  license  issued under this subchapter, either directly or indirectly, by
  means of signs, sign cards, metal plates, stationery, or  in  any  other
  manner whatsoever.
    b.   Except   for  plumbing  licenses,  and  fire  suppression  piping
  contractor  licenses,  nothing  herein  contained,  however,  shall   be
  construed  to prohibit the use of a license by the holder thereof for or
  on behalf of a partnership, corporation or other  business  association,
  provided  that  at  least  one member of the partnership or at least one
  officer of the corporation is licensed for the same business,  trade  or
  calling,  and that all work performed by such partnership or corporation
  is performed by or under the direct supervision of such  license  holder
  or holders.
    c.  For plumbing licenses, nothing herein contained, however, shall be
  construed to prohibit the use of a license by the holder thereof for  or
  on  behalf  of a partnership, corporation or other business association,
  provided that fifty-one per cent  or  more  of  the  control  or  voting
  capital  stock  of  such  partnership,  corporation,  or  other business
  association is owned by one or more holders of  licenses  for  the  same
  business   trade  or  calling  and  that  all  work  performed  by  such
  partnership, corporation or other business association is  performed  by
  or under the direct and continuing supervision of such license holder or
  holders. For plumbing licenses, however, where previous to the effective
  date of this code, a company, corporation, partnership or other business
  association  or  its  predecessor  has  been doing plumbing work, it may
  continue to do so in any one or more  of  said  business  forms  without
  complying  with  the foregoing, if application is made to the department
  previous to six months after the effective date of this  subdivision  as
  amended  and  necessary  evidence  shall be furnished within one year of
  such effective date, when  such  company,  corporation,  partnership  or
  other business association or its predecessor has employed an average of
  ten  or  more  journeymen plumbers doing plumbing work for at least five
  days a week for a period of ten years or more, such period need  not  be
  consecutive  but  must have occurred within a period of twenty years and
  provided, however, that such plumbing business must continue to have all
  plumbing work conducted under the management and direction of a licensed
  master plumber employed by such plumbing business and that said licensed
  master plumber is  not  otherwise  interested  in,  associated  with  or
  employed by any other plumbing business operating in this city except as
  a  joint  venture  in which the said master plumber's employer is one of
  the joint venturers.
    d. For fire suppression piping  contractor  licenses,  nothing  herein
  contained,  however, shall be construed to prohibit the use of a license
  by the holder thereof for or on behalf of a partnership, corporation  or
  other  business  association, provided that fifty-one percent or more of
  the control or voting capital stock of such partnership, corporation, or
  other business association is owned by one or more holders  of  licenses
  for  the  same  business trade or calling and that all work performed by
  such partnership, corporation or other business association is performed
  by or under the direct and continuing supervision of such license holder
  or holders. For fire suppression  contractor  licenses,  however,  where
  previous   to  the  effective  date  of  this  subdivision,  a  company,
  corporation,  partnership  or  other   business   association   or   its

predecessor has been doing fire suppression piping contractor work, it may continue to do so in any one or more of said business forms without complying with the foregoing, if application is made to the department previous to six months after the effective date of this subdivision and necessary evidence shall be furnished within one year of such effective date when such company, corporation, partnership or other business aassociation or its predecessor has employed an average of ten or more journeymen doing fire suppression piping contractor work for at least five days a week for a period of ten years or more, such period need not be consecutive but must have occurred within a period of twenty years and provided, however, that such fire suppression piping contractor business must continue to have all fire suppression piping contractor work conducted under the management and direction of a licensed master fire suppression piping contractor employed by such fire suppression piping contractor business and that said licensed master fire suppression piping contractor is not otherwise interested in, associated with or employed by any other fire suppression piping contractor business operating in this city except as a joint venture in which the said master fire suppression piping contractor's employer is one of the joint venturers.

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